COLLECTIVE AGREEMENT - Ontario Consuma… · An "Emergency" is an Act of God, catastrophe, disaster, or occurrence wherein immediate action is necessary to prevent spoilage or loss

COLLECTIVE AGREEMENT

BETWEEN:

WEET ABIX OF CANADA LIMITED Cobourg, Ontario

- and -

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

TERM

August 1, 2018 - July 31, 2023

Contents Article 1 Preamble .............................................................................................................. 1

Article 2 General Purpose .................................................................................................. 1

Article 3 Management Rights ............................................................................................. 1

Article 4 Union Recognition ................................................................................................ 2

Article 5 Definitions ........................................................................................................... 3

Article 6 Union Security ...................................................................................................... 3

Article 7 Workplace Conduct .............................................................................................. 5

Article 8 Strikes, Lockouts and Co-operation ..................................................................... 6

Article 9 Grievance Procedure ........................................................................................... 6

Article 1 O Arbitration .......................................................................................................... 9

Article 11 Discharge, Discipline and Suspension ............................................................ 11

Article 12 Representation ................................................................................................ 11

Article 13 Probation & Seniority ............................................................. _. ........................ 12

Article 14 Reduction, Layoff & Recall .............................................................................. 13

Article 15 Promotions, Demotions etc ............................................................................. 14

Article 16 Hours of Work ................................................................................................. 16

Article 17 Wage Rates .................................................................................................... 18

Article 18 Overtime 24/7 ................................................................................................. 19

Article 19 Shift Premiums ................................................................................................ 20

Article 20 Plant Holidays ................................................................................................. 20

Article 21 Plant Shutdown & Floating Holidays ............................................................... 21

Article 22 Vacations ........................................................................................................ 21

Article 23 Bereavement Leave & Leave of Absence ....................................................... 23

Article 24 Health & Safety ............................................................................................... 25

Article 25 Insured Benefits .............................................................................................. 25

Article 26 Miscellaneous ................................................................................................. 30

Article 27 Notices ............................................................................................................ 30

SCHEDULE 8 ..................................................................................................................... 33

RE: NEGOTIATING COMMITTEE WAGES/MEETING ROOM AND COLLECTIVE AGREEMENT BOOKLETS ................................................................................................. 35

RE: SELECTION CRITERIA FOR TEAM LEADS ............................................................... 36

RE: MAINTENANCE APPRENTICE ................................................................................... 37

RE: PAY EQUITY ACT ....................................................................................................... 38

RE: MANUFACTURING OPERATING SYSTEM (MOS) .................................................... 39

RE: UNITED FOOD & COMMERCIAL WORKERS CHARITY FUND ................................ 40

RE: EXIT MONEY ............................................................................................................... 41

RE: PERSONAL EMERGENCY LEAVE DAYS .................................................................. 42

RE: VOLUNTARY LAYOFF PROCESS ............................................................................. 43

RE: PART-TIME EMPLOYEES HIRED PRIOR TO OR ON 31 JULY 2018 ........................ 44

RE: 24/5 SHIFT PATTERN ................................................................................................. 45

Article 1 Part-Time employees ...................................................................................... 48

Article 2 Seniority .......................................................................................................... 48

Article 3 Vacations ........................................................................................................ 49

Article 4 Pension ........................................................................................................... 49

Article 5 Definitions ....................................................................................................... 50

Article 16 Hours of Work ................................................................................................. 50

Article 18 Overtime ......................................................................................................... 51

Article 22 Vacation .......................................................................................................... 52

Article 23 Bereavement.. ................................................................................................. 53

Article 24 Plant Holiday ................................................................................................... 53

Article 1

1.01

Article 2

2.01

Article 3

3.01

a)

b)

3.02

Preamble

This Collective Agreement between the Company and the Union (hereafter referred to collectively as the "Parties") constitutes the entire Agreement between the Parties relating to employees to whom this Agreement applies and no other stipulation or understanding shall limit or qualify its terms.

General Purpose

The purpose of and consideration for this Agreement is to provide orderly collective bargaining relations between Management and the Union on matters covered by this Agreement; to secure prompt disposition of grievances; to establish wages, hours and working conditions for the employees covered by this Agreement.

Management Rights

It is the exclusive function of Management:

To manage the enterprise in which it is engaged; determine the products to be manufactured, methods, processes and means of manufacturing. Schedules of productions; kinds and locations of machines, equipment and tools to be used; the control of materials, parts, extension, limitation, curtailment or cessations of operation; location number and size of plants direction of the working forces; assignment of work; maintain order and efficiency of all matters concerning the operation, management, supervision, GMP and control of the Company and its business, works, plants and operations, make and alter reasonable rules, regulations and systems and to contract out work. Management reserves the right to change the schedule of hours of work by reducing the hours of work per day, days per weeks, weeks per month and by changing the daily starting and stopping time.

Without restricting the generality of the foregoing and subject only to the express provisions of this Agreement to main discipline, hire, discharge, classify, direct, transfer, promote, lay-off, suspend and otherwise discipline employees.

Management rights shall not be limited in any way except as provided for specifically by the terms of this Agreement.

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3.03

3.04

Article 4

4.01

4.02

4.03

4.04

4.05

The Employer and the Union agreed to abide by all the applicable legislation covering Employers and Employees in the Province of Ontario.

Aptitude Testing - the Union recognizes the Company's right to carry out aptitude and attitude test as part of its hiring evaluation procedures.

Union Recognition

The Company recognizes the Union as the sole bargaining agent for all employees of the Cobourg Plant of the Company except forepersons, person above the rank of supervisor, office and sales staff, laboratory and quality control technicians, salaried senior maintenance technicians and students employed during the school vacation.

Work performed by the employees in the bargaining unit shall not be done on the plant premises by persons excluded from the scope and jurisdiction of the Agreement including outside contractors in order to reduce the work hours of bargaining unit employees or cause the lay-off of any employee, prevent the recall of a laid off employee, or the loss of any overtime hours outside of the regular work week normally performed by a bargaining unit employee. It is further understood that completion of an issued contract is not to be considered a violation of the Collective Bargaining Agreement.

Under this Agreement students employed during the school vacation period shall not establish any rights.

A steward designated by the Union shall be released for up to thirty (30) minutes with pay from his/her regular duties within fifteen (15) calendar days of the commencement of employment for each new employee to provide Union orientation training.

Subject to the following conditions, a Business Representative of the Union will be entitled to visit the Company's premises, covered by this agreement, at reasonable times to speak to employees, provided:

a) he/she first reports to the Plant Manager or his/her appointee; b) he/she complies with the Company's rules and regulations and GMP

policy.

4.06 It is the understanding of the parties that bargaining unit members will be allowed to take a leave of absence for up to one (1) year for the purposes of working for the Local Union without any loss of seniority.

It is further agreed that the Employer will continue to contribute the benefit package premiums for the employees and submit a statement of cost

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Article 5

5.01

5.02

5.03

5.04

5.05

5.06

5.07

5.08

5.09

5.10

Article 6

6.01

once per month to the Local Union who will in turn pay the Employer for all contributions made on behalf of the employee.

Definitions

An "employee" is any person coming within the bargaining unit and covered by this Agreement as defined in Article 4.

A day is any period of twenty-four (24) hours beginning at 12:01 a.m.

A "scheduled work week" is a period of seven (7) days beginning with the shift commencing on Monday at ?am to the following Monday at ?am.

"Vacation week" is a period of seven (7) days beginning Monday 7am to the following Monday at 7am.

"Payroll week" is defined as Sunday to Sunday

"Working day" is defined as a business day (Mon-Fri)

"Calendar day" is defined as Monday to Sunday

A "Grievance" is an alleged violation of the terms of this Agreement

A "Shift worker'' is any employee who is scheduled in advance to work rotating hours of work between different shifts.

An "Emergency" is an Act of God, catastrophe, disaster, or occurrence wherein immediate action is necessary to prevent spoilage or loss of product or loss of production, or to prevent danger to persons, property, or plant.

Union Security

Employees included in the bargaining unit shall make application for membership in the Union at date of hire and shall thereafter remain members of the Union as a condition of employment.

The Employer shall, during the term of this Collective Agreement, as a condition of employment, deduct from members of the bargaining unit, the regular weekly Union Dues and such Dues shall be remitted to the Union prior to the fifteenth (15th) day of the month following the month in which such deduction is made.

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The Employer shall collect membership initiation fees as may be established by the Union and forward application forms and such fees to the Union with the regular monthly dues remittance.

6.02 Dues and Initiation Fees

The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of e-mail ([email protected]) as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel, Quattro Pro, Lotus or other software program acceptable and adaptable to the Union. The spreadsheet will be in a format provided by the Union and the Company will provide the following information: as known to the Company.

1. S.I.N. 2. Employee number, if applicable 3. Full name (Last/First/Initials} 4. Full address, including City and Postal Code 5. Telephone number (including area code} 6. Date of hire 7. Rate of pay 8. Classification 9. Full-time or part-time designation 10. Union dues deducted (or the reason a deduction was not made). If dues are deducted weekly, report requires five (5) columns for reporting 11. Total dues deducted 12. Back dues owing 13. Initiation fees deducted 14. Total initiation fees deducted" 15. Employee's email address if it is provided by the employee

6.03 The company requires that the Union give a minimum of one (1) months' notice in writing of any changes in Union dues, initiation fees and/or assessments.

6.04 The Union shall indemnify the Company and save it harmless from any claim which may be made against it by an employee or employees for amounts deducted from wages as provided by this Article.

6.05 The Company shall not be responsible financially or otherwise, either to the Union or to any employee, for any failure to make deductions or for making improper or inaccurate deductions or remittances. However, in any instance in which an error occurs in the amount of any deduction of dues from an employee's wages, the Management shall adjust it directly

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6.06

Article 7

7.01

7.02

7.03

with the employee. In the event of any mistake by the Management in the amount of its remittance to the Union, the Management shall adjust the amount in a subsequent remittance. The Company's liability in this Article shall terminate at the time it remits the amounts payable to the designated officer or officers of the Union.

In the event of any action at law against the parties hereto or either of them resulting from any deduction or deductions from payrolls made or to be made by the Company pursuant to clause 6.01 both Parties shall co-operate fully in the defense of such action. Each party shall.bear its own cost of such defense except that if at the request of the Union, counsel fees are incurred, these shall be borne by the Union. Save as aforesaid the Union shall indemnify and save h9;rmless the Company from any losses, damages, costs, liability or expenses suffered or sustained by it as a result of any such deduction or deductions from payrolls.

Workplace Conduct

The Company and the Union agree that there shall be no discrimination against any employee or employees in any manner whatsoever because of, race, nationality or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered, or membership or non-membership in a Union.

No employee will be allowed to engage in Union activities, including solicitation for membership, during working hours, other than those specifically allowed under the terms of this Agreement.

No Harassment - The Company and the Union continue to agree that harassment as defined by the Ontario Hum·an Rights Code defines harassment as "engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome", and will not be tolerated in the workplace.

7.04 The Company and the Union continue to agree that violence contravening the laws of Canada will not be tolerated in the workplace.

7.05 Substance Abuse- Both the Union and Company recognize the need to lawfully maintain a secure and drug free environment.

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Article 8

8.01

8.02

The possession, sale, or distribution of any illegal/recreational substance is strictly prohibited and will be subject to discipline up to and including termination.

Strikes, Lockouts and Co-operation

The Union agrees that the Union and its membership will not cause, authorize, or sanction, any sit-down, stay-in or slow down, or any strike or stoppage of any of the Company's operations or any curtailment of work or restriction of or interference with production or any picketing of the Company's premises during the term of this Agreement.

The Company agrees that it will not cause, authorize or sanction a lockout during the term of this Agreement.

8.03 The Unit Chairman and/or Union Stewards shall have the right to post on the Notice Board, bulletins pertaining to meetings of the Union, election of officers, educational, social and recreational events. The Notice Board outside the lunchroom will be available for such use. The contents of such bulletins or notices shall not contain anything detrimental to Management interests.

Article 9

9.01

Grievance Procedure

The purpose of this Article is to establish a procedure for discussion, processing and settlement of grievances. Employees are encouraged to discuss any grievance with their immediate Supervisor before making use of the grievance procedure.

(a) Before any written grievance is submitted the employee shall first discuss the problem with their Supervisor accompanied by their Steward at all steps of the grievance procedure

9.02 Should any question arise concerning the application interpretation or any alleged violation of the provisions of this Agreement between the Management and any employee, the following procedures shall apply:

STEP ONE - The employee shall submit the grievance to their Supervisor within five (5) working days after the alleged grievance has arisen. The grievance shall state the nature of the occurrence giving rise to the grievance, the Article of this Agreement which is alleged to have been

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violated, and the relief sought. Failing any reply or satisfactory settlement within three (3) working days, the employee may proceed to Step 2 within an additional three (3) working days on forms supplied by the Union (U.F.C.W. Local 175).

STEP TWO -A Union Grievance Committee of not more than two (2) representatives shall meet with the Plant Manager and/or their designated representatives within five (5) working days of the grievance being submitted at Step 2. The aggrieved employee may attend this meeting if requested by either the Union or the Management. The Plant Manager and/or designated representatives shall state their decision in writing within five (5) working days of such meeting.

STEP THREE - A Union grievance committee of not more than two (2) representatives plus the Union Representative shall meet with the Plant Manager and/or their designated representative within ten (10) working days of the grievance reply at Step Two. Afterthirty (30) working days after receipt of the final response from the Company either party may refer the grievance to a Settlement Officer and/or Arbitration with written notice to the other party.

9.03 In the event that either party has not notified the other party of its intention to proceed to the next higher step within the days provided above, the grievance shall be deemed to have been abandoned and cannot be reopened.

9.04 In determining the time within which any action is to be taken in any of the steps of this grievance procedure, Saturdays, Sundays, and recognized statutory holidays shall be excluded.

9.05 Any and all time limits fixed by this Article may be extended by mutual agreement in writing between the Management and the Union.

9.06 When an agreement has been reached between the Management and the Union at any stage of the grievance procedure, it shall be put in writing and it shall be final and binding on both parties.

9.07 It is understood that all meetings between officers, and/or Stewards of the Unit and members of the Grievance Committee and members of Managementfor handling matters under the scope and jurisdiction of this Agreement but excluding negotiations for the renewal of a new agreement, shall be scheduled by Management at times suitable to the operation of the business. The Unit Officers, Stewards and Members of

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the Grievance Committee affected shall be paid at their prevailing rate for shift time actually lost. The aggrieved employee (except an employee who is under suspension or who has been discharged) shall be paid at the aggrieved employee's prevailing rate for such attendance time, whether or not shift time is actually lost.

9.08 The disciplinary record of employees may be reviewed annually upon written request of the relevant employee. The employee may be accompanied by their Steward but such review shall be on the employee's and appropriate Steward's own time.

9.09 The Employer, when calling a meeting with an employee where disciplinary action may result shall inform the employee of their right to have a steward or Union official in attendance. The meeting shall not take place until a Steward or Union official is present. If such disciplinary meeting should take place at a time the affected employee is not at work, the employee shall be compensated for all such time spent at this meeting based on the employee's straight time hourly rate.

The Employer shall issue any counselling/discipline within ten (10) working days of the Employer becoming aware of the incident leading to such discipline, or shall advise the Union as to the reason for any delay, in which case there shall be an additional five (5) working days provided.

9.1 O It is understood and agreed that recorded warnings in an employee's file will not exceed a twelve (12) month continuing retention period and recorded warnings subsequent to such twelve month continuing retention period shall be removed from the employee's file. In the case of suspensions, the period shall be twenty four (24) months.

9.11 Company Grievance

In the event the Company has a grievance, the employer and/or designate shall file the grievance in writing within five (5) working days of the circumstances giving rise to a grievance. The Union shall meet with the employer and/or designate within five (5) working days of the receipt of such grievance. In the event the Union do not provide redress satisfactory to the Company, the employer and designate may process the grievance to arbitration in accordance with the arbitration provisions as set out in this Agreement, with the necessary changes being made.

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Article 10 Arbitration

10.01 (a) If settlement is not reached through the grievance procedure in Article 9, the grievance may be referred by the Union or by the Management to an Arbitration Committee of three (3) members, one to be appointed by the Union, and one by the Management, and a third who shall act as Chairman, to be mutually agreed upon the other two. Upon receipt of the name of the member appointed by the party submitting the grievance to arbitration, the other party shall name its nominee. If it fails do so within two (2) weeks, its nominee will be appointed by the Minister of Labour of the Province in which the grievance arises upon request by the party submitting the grievance to arbitration. If agreement cannot be reached within one (1) week as to the appointment of a third member, they shall be appointed by the Minister of Labour of the Province in which the grievance arises upon request by the party submitting the grievance to arbitration.

(b) A decision of a majority of the Arbitration Committee shall be deemed a decision of the Committee. In reaching its decision the Committee shall be governed by the provisions of this Agreement and such decision be final and binding upon all parties concerned.

(c) The Arbitration Committee is requested to meet within one (1) month following appointment if possible and the parties further request that a decision be rendered within one (1) month if possible.

10.02 The Arbitrator shall not have any power to alter, delete, or add to any of the provisions of this Agreement, nor to give any decision contrary to the terms of the Agreement.

10.03 The Arbitrator shall be requested to give their award within fourteen (14) days after the close of hearings. The Arbitrator's decision shall be final and binding upon both parties.

10.04 The Company and the Union shall share equally the fee and the expenses of the Arbitrator.

10.05 The Company and the Union agree that no person may be appointed as Arbitrator who has been involved in any attempt to negotiate or settle the grievance.

10.06 Mediation

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Once the Union/Employer has processed a grievance to arbitration, both parties may within forty (40) working days agree to use the services of a mutually agreeable Mediator to assist the parties in resolving the grievance. The griever(s) will attend the mediation meeting at the request of Union. Time spent in attendance at mediation during an employee's regular working hours shall be without pay. The parties will jointly, in equal shares, bear the expenses of the Mediator. Any mutually agreeable resolution reached by the parties through such mediation shall be binding upon the parties but shall be without precedent or prejudice. In the event that no mutually agreeable resolution is reached, the grievance will proceed to arbitration.

10.07 Expedited Arbitration

The parties may by mutual agreement, proceed with an expedited arbitration for any grievance filed and processed through the grievance procedure.

(i) The grievance shall be placed before one (1) of the following arbitrators:

John Stout Michael McFadden Mary Ellen Cummings David McKee

(ii) Upon mutual agreement, the parties may add or delete names of arbitrators on the list during the term of the Collective Agreement. The grievance(s) shall be referred to the above list with the earliest available date.

(iii) If none of the foregoing arbitrators are able to satisfy the time limits agreed to between the parties, the parties shall jointly select an alternative arbitrator with an availability that meets the parties' time limits.

(iv) An Arbitrator appointed pursuant to this Article shall be deemed to have received the consent of the parties pursuant to Section 48(14) of the Labour Relations Act to mediate the dispute.

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Time Limits

Neither party shall raise or proceed with a timeliness issue argument regarding "filing for arbitration" without having notified the other party of its final position on any given grievance in writing.

Article 11 Discharge, Discipline and Suspension

11.01 In the event that an employee has been disciplined, or suspended or discharged, and it is alleged that they have been unjustly dealt with, the Grievance Procedure may be used. In the event of discharge, the grievance must be submitted to the management team in writing within three (3) working days of the discharge and in such cases, Step 1 of the Grievance procedure shall be omitted.

If any action is taken without the steward, any conclusions, verbal or written, will be null and void except in the case where the employee requested the steward to leave, in such case, the employee must sign a form stipulating the refusal of the presence of a Steward.

An employee who has completed their probationary period shall not be reprimanded, suspended or discharged except for just and sufficient cause. The Employer shall apply the principal of progressive discipline. The level of discipline will be determined by the seriousness of the misconduct, the length of service and the employee's disciplinary record.

Article 12 Representation

12.01 The Union agrees to appoint or elect and the Management to recognize one (1) Steward and one (1) alternate Steward per shift to a maximum of three (3) stewards and three (3) alternate Stewards, a Chief Steward and a Unit Chairperson, who shall be employees of the Company, but excluding employees on probation, to deal with matters effecting employees in the Company's plant. A list of these Stewards shall be supplied to the Management. The Union will advise the Management as soon as possible of any change in this list and the Union shall confirm this in writing within five (5) work days of such change. Steward appointment or election will not restrict the Management discretion in movement and allocation of manpower. The Company agrees to pay the wages of the negotiating committee, on their regplar pay periods and the Union agrees to reimburse the Company for fifty percent (50%) of those costs, based on eight

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(8) hour days. It is understood that the committee will be comprised of the current Chairperson, Chief Steward and two (2) elected members.

12.02 Management will provide the Union with a list of Supervisors. Management will advise the Union as soon as possible of any change to this list and Management shall confirm any changes in writing within five (5) working days of such change.

12.03 It is understood that a Steward is expected to assist in the adjustment of grievances as provided in Article 9 and to transact other Union business falling under the scope of the Agreement. In order to prevent disruptions to the regular work schedule, the Steward will, prior to leaving their job, request their supervisor or in their absence their immediate Supervisor, to make the necessary arrangements so that they can be relieved from their job (with no loss of earnings) as soon as reasonable possible. In the absence of the Steward, their designated representative (who will be another Steward or officer of the Unit) may act in the place and stead of the said Steward.

Article 13 Probation & Seniority

13.01 A Probationer is a person whose length of continuous accumulated serviGe in the employment of the Company at its Cobourg Plant is less than ninety (90} actual worked days, from date of hire.

13.02 A Probationer has no seniority and their name shall not be on any seniority list; their retention, lay-off, discipline, is entirely within the discretion of Management. In no case shall such matters be the subject of a grievance.

13.03 Seniority means the length of continuous accumulated service in the employee of the Company at its Cobourg Plant while a member of this bargaining unit. All employees of the Company who have the same date of hire will determine their seniority by lot.

13.04 Seniority shall be established after completion of a probationary period of ninety (90) worked days.

13.05 An employee shall cease to have seniority if the employee:

i) quits or resigns

ii) is discharged

iii) is laid off for more than twenty-four (24} months

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iv) if absent from work for three (3) consecutive working days without notifying their immediate supervisor, giving satisfactory reasons, unless unable to comply by reason of incapacity;

v) a) fails to report to work after management attempts to recall by telephone for three (3) days

b) fails to report to work within five (5) days of notice sent by registered mail to the address on record with management (after (a) has been attempted).

13.06 It shall be the duty of all employees to promptly update in the Company's MyPost site any change in their address and telephone number. Assistance will be provided as requested. If an employee fails to do this the Management will not be responsible for failure to contact the employee.

13.07 When seniority is broken and a person is hired again, they shall be considered a new employee with regards to seniority.

13.08 When an employee who has established seniority is transferred out of the bargaining unit but continues in the service of the Company, they shall retain and accumulate seniority for a period of three hundred and sixty-five_ (365) calendar days.

Article 14 Reduction, Layoff & Recall

14.01 In the event of an emergency circumstance of up to three (3) days, by line, the incumbent employees will be laid off regardless of seniority. The most senior employee will be able to bump to the General Labour classification where sufficient positions exist in accordance to their seniority. If the employee chooses to decline such reassignment, they will be laid off.

Layoff:

14.02 In a temporary work shortage of less than thirty (30) days, by line, incumbents will be able to bump to the General Labour classification where sufficient positions exist in accordance to their seniority. Where an employee does not have sufficient seniority to bump into General Labour or there are no General Labour positions available, the affected employee (s) shall have the right to bump into another Bid within their classification where a junior employee exists as long as the affected employee has performed the duties of that Bid within the last twelve (12) months. If the employee chooses to decline such reassignment, they will be laid off.

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14.03 In a long term work shortage of thirty (30) days or more, the affected employee shall have the right to bump the most junior employee in their classification and shall be trained for such position if required. The junior employee so bumped shall be laid off immediately, unless, there is work available in the General Labour classification in accordance to their seniority. In the case where a temporary work shortage transitions to a long term work shortage, the long term work shortage language shall then be triggered. If the employee chooses to decline such reassignment, they will be laid off.

Recall:

14.04 In the event of a lay-off, an employee will continue to hold their rights to return to their job when it is again open to them, subject to clause 13.05 (iii)

14.05 In the event of a lay-off during a trial period (new job bid) an employee will continue to hold their rights to return to such job upon recall, proving that their lay-off is not more than forty-five (45) continuous work days.

14.06 Laid-off employees will be recalled in seniority order, subject to ability to perform the work. Notwithstanding the above, a thirty (30) day training period shall apply in permanent lay-off situations. The employee shall have the right to refuse such training.

14.07 Except in an emergency or employees returning from certified sick leave, all employees shall be given a minimum of two (2) work days notice of lay-off or two (2) days' pay in lieu of notice and all employees of more than two (2) years seniority shall be given one (1) work days• notice, or pay in lieu of notice for every year of service, but not to exceed ten (10) work days notice.

14.08 The Unit Chairman shall be given a list of employees to be laid off or recalled and will assist in call backs. The Management shall make every effort to provide employees being recalled, with a minimum of twenty-four (24) hours' notice subject to emergency situations.

Article 15 Promotions, Demotions etc.

15.01 All permanent job vacancies which need to be filled shall be posted on the plant bulletin board for eight (8) calendar days.

i) The job posting shall indicate the number of people required, the applicable shift, a general outline of the job and the training will take place on the shift where the vacancy exists.

ii) Within three (3) working days of the posting closing date, Management

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will post the successful applicant. The successful applicant will be notified of the date they will start the new position, which where possible, will be within two (2) weeks, if a suitable trained employee is available to replace them, but shall not extend beyond twenty (20) working days following awarding of the position.

iii) If within fifteen (15) work days of the posting closing date, a further job vacancy for same position on same shift needs to be filled, Management will choose the successful applicant from the original job posting applicants.

iv) If no full-time employee applies for the job posting the position will be awarded to the most senior part-time employee.

15.02 Job vacancies occasioned as a result of leaves of absence, including but not limited to, injury or disability, where such vacancies are projected by Management to exceed twenty (20) worked days and it is anticipated that the absent employee will return to that position, may be filled by Management without the necessity of posting or promotion but in accordance with clause 15.03 and such vacancy may thereby be preserved for the absent employee.

a) In all cases of temporary lay-off seniority shall govern. It is further agreed that at no time for any reason shall a full time employee be subject to a lay-off while there are part-time employee working.

b) In situations where the temporary vacancy is expected to exceed three (3) months, including pregnancy leaves, the Company will post a temporary position which will expire upon return of the absent employee.

c) If no full time employee applied for the job posting the position may be awarded to the most senior part-time employee.

15.03 a) Subject to clause 15.01 the successful applicant for a job vacancy shall be considered to be on trial for a period of twenty (20) worked days. An employee who fails to qualify for the job, shall be returned to their former job.

b) In the case of permanent job postings and promotions, seniority, aptitude and ability shall be the governing factor in selecting applicants.

15.04 An employee must decide during the first ten (10) worked days of their trial period, if they wish to continue on their new job or return to their former job.

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15.05 An employee unable to perform previous duties due to injury while in the employee of the Company will be reclassified and will be given such other work as is available and which they are capable of performing in the opinion of Management and/or a Management appointed physician.

15.06 No employee may apply for a posted job vacancy while undergoing a trial period.

15.07 An employee may apply for any job vacancy, but be the successful applicant only once during the twelve (12) month period. During transition period, from one production schedule (i.e. 7/24 to 5/24) the opportunity for a 2nd bid within a 12 month period will be accepted. The successful applicant is the employee who has been chosen for the trial period.

15.08 The rate of pay for the posted job will apply on the first day of training.

15.09 In the event of a permanent lay-off, the Company agrees to train affected employees prior to the lay off in the next junior position.

Article 16 Hours of Work

16.01 This article is for the purposes of providing a basis for calculating overtime and shall not be construed as a guarantee of hours of work per day or per week nor of any minimum nor as a restriction on maximum number of hours to be worked.

16.02 The normal hours for shift workers will be as follows:

Day Shift ?am -?pm

Midnight Shift ?pm - ?am

16.03 24/7 Shift Patterns

Shift Pattern A

x x

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x x

Shift Pattern B

x x

16.04 The regular scheduled hours of shift workers shall be twelve (12) hours per day in a two (2) week rotation.

16.05 Employees shall be at their work place and ready to assume their duties at the commencement of their work day.

16.06 Break Pattern

Shift Workers shall be allowed five (5) paid breaks as shown. During these periods employees shall continue all necessary supervision of plant and equipment under their control and such lunch and such breaks will be schedule in a manner so as not to interfere with production or cost of operations.

Break 15 mins

Lunch 25mins

Break 15 mins

17

Break 20 mins

Break 15 mins

16.07 Except in an emergency, unless an employee has been notified forty-eight (48) hours beforehand not to report to work, upon reporting for work at their scheduled time, they shall be provided with four (4) hours work or pay in lieu thereof calculated at their regular straight time rate.

16.08 If at the request of Management an employee's assigned shift is changed during the course of a week's posted schedule, the employee has the right to refuse such transfer, but subject to the overriding priority of an emergency situation.

16.09 The Company will endeavor to ensure that work schedules shall be posted each week on Wednesday by no later than 2pm. The schedule shall indicate the shift and the job an employee will be working on the following week. It is understood that job assignments are subject to change due to operational needs.

16.10 Proximity Cards

The Company and the Union agree that Proximity Cards will not be used for controlling breaks as defined in article 16.06 or for personal reasons.

Article 17 Wage Rates

17.01

17.02

a) The Company agree to pay and the Union agrees to accept during the term of this Agreement the wage rates identified in Schedule B.

b) Starting rate for maintenance employees, except the Apprenticeship classification shall be two ($2) dollars lower than the rates specified in Schedule B. Upon satisfactory completion of probation, employees will move to Schedule B.

a) Should any new job classification be established during the life of this Agreement, Management agrees to discuss such new classification with the Local full-time representative and Unit Chair.

b) Should a classification be eliminated due to technological change or other reasons and duties be transferred to another classification as a result, the Company agrees to discuss such changes with the Local full-time representative and Unit Chair. This includes the potential impact on the wage rate of the affected remaining classification.

17.03 If an employee is temporarily transferred to a classification paying a higher rate, they shall be paid the higher rate for hours worked in said classification.

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17.04 If an employee is transferred to a lower rated classification, the employee's existing classification rate will be maintained if assigned by Company.

17.05 A supplemental payroll run will be processed on the next business day following the identification of a $50 or greater error made by the Company.

17.06 Responsibility of training employees is solely part of Team Lead and Specialist(s) functions.

17.07 The Plant Manager or his designate will schedule a monthly business update meeting with the Plant Chairman and the Chief Steward. The purpose of the meeting will be to inform the Union of the prevailing business conditions with respect to the business and to discuss any related issues ..

Article 18 Overtime 24ll

18.01 Overtime will be paid for hours worked over forty four (44).

18.02 All hours before or after an employee's regularly scheduled work day or a call will be paid at one and one half (11h) times the regular rate. Except in an emergency, employees will not be requested to work more than twelve (12} hours.

18.03 An employee who works on their scheduled day(s) off will be paid one and one half (11h} times their regular rate.

18.04 When overtime is required, Management will ask the job incumbent with the lowest overtime hours based on the following criteria:

i) Incumbent with the lowest overtime hours ii) Bid job - individuals with the lowest number of hours iii) Anyone with skills in the plant - with the lowest numbers of hours

Where no one volunteers for overtime opportunities, skilled part-time employees will be utilized to fill the production requirements.

18.05 An employee called into work from off the premises for an emergency shall be paid the applicable overtime rate for all hours worked with the minimum of four (4) hours pay at such rate for time spent on the emergency outside of their regular schedule of hours. The employee's work shall be through when the emergency is over but in the event the emergency is not over at the time the employee's regular shift begins, then the employee shall be paid at their

19

regular rate.

18.06 The Company will maintain a record of overtime "offered" and "worked" by bargaining unit employees. Overtime hours will revert to zero (0) on June 30th and December 31st of each year and be recorded semi-monthly. The overtime record shall be posted weekly and shall be the official record that particular week. It is understood there will be a two (2) week lag on said official record.

18.07 Should a selection error occur the missed employee will be offered the next available overtime opportunity.

18.08 A grievance representing a selection error may be submitted at Step Two to the Plant Manager if such alternative selection is denied.

Article 19 Shift Premiums

19.01 The 12 hour night shift premium is 85c

19.02 Premiums shall not be included for purpose of calculating overtime rates.

Article 20 Plant Holidays

20.01

20.02

20.03

20.04

a) Management recognizes the following ten (10) statutory holidays:

New Year's Day Family Day Good Friday Victoria Day Canada Day

Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day

Employees shall be entitled to any holiday proclaimed by the Provincial Government after August 1, 2018

Employees who are not scheduled to work a Statutory Holiday shall receive twelve (12) hours of holiday pay at their regular hourly rate.

Employees who are scheduled to work the Statutory Holiday shall receive twelve (12) hour of holiday pay at their regular hourly rate and one and one half (1112) times their regular rate.

20

20.05 For both situations above, an employee may forego their holiday pay and request a paid day in lieu to be taken at a mutually agreeable time. The employee must notify the Company prior to the Stat holiday in question in order to exercise this option.

20.06 For the purpose of overtime calculations, holiday pay will be considered as time worked.

20.07 All employees will receive holiday pay providing they qualify in accordance with the Employment Standards Act.

20.08 If a recognized plant holiday falls within an employee's vacation period, the employee shall be entitled to an extra day of vacation with pay.

20.09 Where Christmas Eve and New Year's Eve fall on a scheduled day of work, the plant will be closed at 4pm.

Article 21 Plant Shutdown & Floating Holidays

21.01 Management recognizes four paid (4) floating days.

21.01 By November 1st, Employer will post shutdown and floater Christmas dates for the next calendar year.

21.02 Employer may schedule one (1) planned shutdown of up to one week any point during that year and Employees must utilize up to a week of vacation on a per line basis.

21.03 Floating Days - If Employer requires work to be done on scheduled floating holidays, this work must be including processing and/or packaging in order for the Employer to change floating holiday.

21.04 Employer must notify employees by December 1st of that year if intention is to work.

21.05 Should the employer choose to schedule work after December 1st it shall be considered voluntary overtime.

Article 22 Vacations

22.01 Vacation requests submitted prior to November 30th of the current year (for vacation in subsequent year) will be answered by December 21st of current year. Such requests will be answered based on seniority.

21

22.02 Vacation requests after November 30th of current year will be answered on first come, first served basis. These requests will be answered within seven (7) business days. It is understood that these requests do not take precedent over any requests made as part of those submitted prior to November 30th.

22.03 a) Vacation requests are to be made in two or three (2/3) day blocks that match normal work schedule or full week blocks.

22.04 For purposes of calculating vacation entitlement and vacation pay the year will be taken as January 1st to December 31st.

22.05 All employees hired on or prior to July 31, 2018 shall be entitled to the vacations with pay as follows:

i) employee with less than one (1) year service shall be entitled to twelve (12) hours of vacation for each completed month of employment to a maximum of eighty four (84) hours;

ii) employees with more than one (1) year of service and less than five (5) years of service shall be entitled to eight four (84) hours of vacation;

iii) employees will be entitled to one hur:idred and twenty (120) hours of vacation commencing in the year which they complete five (5) years of service;

iv) employees will be entitled to one hundred and sixty eight (168) hours of vacation commencing in the year in which they complete ten (10) years of service;

v) employees will be entitled to two hundred and four (204) hours vacation commencing in the year in which they complete twenty (20) years of service;

vi) employees will be entitled to two hundred and forty (240) hours vacation commencing in the year in which they complete twenty-five (25) years of service.

22.06 All employees hired on or after August 1, 2018 shall be entitled to the vacations with pay as follows:

i) employee with less than one (1) year service shall be entitled to twelve (12) hours of vacation for each completed month of employment to a maximum of eighty four (84) hours;

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ii) employees with more than one (1) year of service and less than five (5) years of service shall be entitled to eight four (84) hours of vacation;

iii) employees will be entitled to one hundred and twenty (120) hours of vacation commencing in the year which they complete five (5) years of service;

iv) employees will be entitled to one hundred and sixty eight (168) hours of vacation commencing in the year in which they complete fifteen (15) years of service;

22.07 Vacation pay will be calculated as two (2%) percent of the years earnings or the number of hours the employee is scheduled times the employee's hourly base rate for each complete week of vacation, whichever is greater.

22.08 The receipt of LTD and WSIB benefits within the initial twelve (12) month vacation year, shall be considered to be equivalent to qualifications for vacation pay. There will be no vacation pay following that initial qualification in subsequent vacation years during the same absence.

22.09 Vacations are to be taken at a time arranged by mutual agreement, taking into consideration the needs of production. Vacation time will not be unreasonable denied.

22.10 An employee who has vacation scheduled, in the event of a lay-off during the same period of time, the employee may choose to reschedule their vacation.

22.11 Employees exiting the business will be paid vacation pay based on their entitlement as outlined in the CBA or the percentage outlined in the ESA whichever is the betterment.

22.12 In the event an employee leaves the service of the Company before the end of the vacation year and has taken paid vacation in excess of earned entitlement, then any unearned vacation pay will be deducted from the final pay.

Article 23 Bereavement Leave & Leave of Absence

23.01 Employees shall be a granted a paid leave of absence for the purposes of making arrangements and/or attending the funeral as follows:

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a) three (3) or four (4) shifts without loss of pay, as applicable, to provide the employee seven (7) consecutive days of for the death of a spouse, recorded common-law spouse, child, step-child or parent;

b) two (2) shifts without loss of pay for the death of a brother, sister, brother/sister-in-law, step-parent, parent-in-law, grandparent or grandchild;

23.02 In the event an employee is on vacation the employee will be granted the above mentioned applicable paid bereavement leave at the end of his/her vacation period.

23.03 In the event of a delayed internment or ceremony, an employee may save one of the days identified above without loss of pay to attend the internment or ceremony.

23.04

23.05

23.06

23.07

23.08

Request for Leaves of Absence without pay may be made in writing with the reasons shown and be received by Management at least thirty (30) calendar days prior to the commencement date of the leave. The employee shall be advised of Management's decision in writing with a copy to the Union within ten (10) days of receiving employee's request for such leave. However, in the event of urgent and unexpected family matters the request for a leave of absence without pay can be made orally.

Leaves of Absence may be granted by Management for good and sufficient personal reason except when the efficient operation of the business would be adversely affected.

Any employee member of the Union appointed as a delegate for specific Union activities will, upon request in writing be granted a leave of absence without a break in continuity of Company service. It is agreed that up to three (3) members of the Unit many be granted such leave concurrently by Management, subject to the needs of production and plant efficiency being applied as the overriding priority. An extension of such leave will be granted by mutual agreement of Management and the Union prior to the termination of the original leave.

Pregnancy and Parental leaves shall be in accordance with the provision of the Employment Standards Act and Management shall maintain copies of the relevant provisions thereof available for employee review in the Plant Office.

Employees shall be granted one (1) day paid leave for the birth or adoption of a child, such employee must be active at work at the time of the birth or adoption and the birth or adoption takes place on scheduled work day for the employee.

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23.09

23.10

Article 24

24.01

24.02

24.03

24.04

Article 25

25.01

Employees called for jury duty or subpoenaed to appear as a witness in court will be paid the difference between their regular rate and the amount paid by the court for hours of work missed up to eight (8) hours per day for a maximum of ten (10) work days. To be eligible for payment the employee must notify their Supervisor as soon as notice is received and furnish evidence of the amount of pay received.

Employees unable to attend work as a result of being in penal custody before trial will be considered on leave of absence without pay until the decision of the court is known.

Health & Safety

The Company will make reasonable provision for the safety and health of its employee during the hours of their employment. Such protective devices and wearing apparel as Management requires to be worn, will be worn. All employees are required to obey the Company's safety rules and regulations. Infractions of such rules and regulations shall be considered cause for appropriate disciplinary action on the part of Management.

Management shall continue the activities of the Safety Committee consisting of four (4) Management representatives and four (4) employee representatives, in which at least one (1) but not more .than one (1) shall be from the Maintenance Department and one (1) employee from each shift. The function of this Committee shall be to advise Management on the promotion of accident prevention and carry out is responsibilities as identified under Federal and Provincial legislation.

The Committee shall meet at intervals of not less than once every one (1) month. Employees shall be paid four (4) hours at regular rate when called in off shift to a Health & Safety meeting.

An employee injured while working in the plant shall suffer no loss of earnings for the balance of hours on the day the accident occurs if as a result of such injury the employee is sent to the hospital or for medical attention on instruction from Management provided this is not reimbursed by the WSIB program.

Insured Benefits

The following Company benefits will continue during the life of this Agreement subject to amendment of changes as required by legislation. The insurance contract and/or documents will govern in all cases.

25

i) Chiropractic coverage shall be thirty ($30) dollars per visit maximum of (20) visits.

ii) Massage coverage shall be thirty ($30) dollars per visit maximum of (20) visits.

iii) Employer requested doctor's notes shall be reimbursed up to a maximum of twenty five ($25) dollars.

iv) Employees on layoff shall continue to receive benefits until the last day of the calendar month following the month in which the employee is laid off.

25.02 The following Health & Welfare benefits will become effective January 1, 2019 and continue for the life of this contract, subject to any changes as required by legislation.

25.03 i) The Company shall continue to pay one hundred (100%) percent of the premium cost of Ontario Health Insurance Plan (OHIP) (semiprivate), for all employees who have completed their probationary period, during the term of the Agreement. The Company agrees to absorb any increase or decrease in Ontario Health Insurance coverage during the term of this Agreement.

ii) · The Company shall arrange the Life insurance package at one (1) times annual base earnings for each eligible employee and the Company shall pay the applicable premium for said coverage. There will be provision for employees to purchase further optional insurance at their expense.

iii) Optional dependent/spouse Life insurance is available but is one hundred (100%) percent paid for by the employee.

iv) Optional AD&D insurance coverage is available but is one hundred (100%) percent paid for by the employee.

v) Plan reimbursement for medical services shall be 100% for Out-of-Country approved services and 80% for all other services.

vi) The Company shall provide the employee contribution associated and necessary enrollment forms or system for the above optional insurance coverage.

25.04 The annual deductible for medical and prescription (Rx) services will be twenty ($20) dollars for single coverage and forty ($40) for family coverage.

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25.05 Pharmacy - The following Pharmacy benefits will become effective January 1, 2019 and continue for the life of this contract, subject to any changes as required by legislation.

i) The Telus prescription drug formulary will apply. Covered prescription drugs shall be reimbursed at 100% for preferred drugs and 80% for non-preferred drugs. Participants who are enrolled in the Health and Welfare plan as of January 1, 2019 and who have been prescribed a prescription drug that is not list as a preferred drug as of January 1, 2019, shall have an opportunity until June 30, 2019 to transition to a covered prescription drug listed on the formulary. Effective July 1, 2019 all prescription will be subject to the Telus formulary and will be reimbursed at 100% for non-preferred drugs and 80% for non-preferred drugs. The Company shall direct the provider to notify affected employees by letter.

ii) A $9 dispensing fee maximum will apply to each prescription filled.

iii) The enhanced mandatory generic substitution pharmacy program will apply. The plan will only reimburse up to the lowest cost approved generic drug, when a generic drug is available.

iv) The Company drug plan is always the second payer to the provincial plan. The Company drug plan will only pick up the cost over the Ontario Drug Benefit for members who are age 65 and over. The Company drug plan will absorb the costs not paid on ODB including:

a) $100 Annual Deductible

b) $6.11 per script

c) Drugs not covered by ODB, subject to the Company drug formulary

25.06 Dental - The Company shall maintain its dental program benefits in accordance with the Ontario Dental Association Schedule of Fees under the Dental Expense Benefit as specified in the current ODA schedule. The Company agrees to pay the premiums applicable.

Annual deductible for dental is twenty ($20) for single coverage and forty ($40) for family coverage.

25.07 Employee premium contributions for Company Medical and Dental - Effective August 1, 2018 all employees hired who are eligible in the Company medical and dental plans shall contribute toward the cost of coverage as listed below:

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25.08

25.09

25.10

25.11

25.12

25.13

i) Existing employees (as at 31 July 2018) effective January 1, 2021, employee cost share split:

Company 80% Employee 20%

ii) New hire employees (as of August 1, 2018) effective on August 1, 2018 employee cost share split:

Company70% Employee 30%

Vision - The Company agree to maintain Standard Vision and Corrective Eye Surgery Benefit at three hundred ($300) dollars. This limit is increased to four hundred ($400) for those employees who are required to wear prescription safety glasses in the plant, to assist with the purchase a second pair of such glasses or required Corrective Eye Surgery. The Company further agree to pay the applicable premiums for said insurance. The Company will cover one (1) eye exam every twenty four (24) months (same period as glasses) to a maximum of sixty ($60) dollars per exam where not covered by OHIP due to age or medical condition.

Short Term Disability - The Company agrees to maintain the weekly income benefit payment period at twenty-six (26) weeks. The calculation of benefit amount and waiting periods is subject to plan rules . The maximum weekly income benefit payment will be five hundred ($500) dollars per week

Long Term Disability - The Company agrees to maintain and pay, in full the applicable premiums of the long term disability program at the current taxable Company funded sixty-two and one half percent (62%%) of the monthly earnings to a maximum of four thousand dollars ($4,000) per month. The elimination period will be twenty six (26) weeks to coincide with the expiration of the short term disability weekly income benefit.

In the event that a Health Benefit Plan is established or benefits changed by either Federal or Provincial Government during the term of this Agreement, provisions of the Company sponsored insurance plan will be changed or modified to eliminate any duplication or overlapping.

Maintenance employees will receive up to three hundred and fifty ($350) dollars per year for the replacement of broken tools or upgrading of present tools. It is further agreed that any such tool allowances shall have a maximum two (2) year carryover.

The Company will pay up to a maximum of one hundred fifty-five ($155) dollars per calendar year towards the cost of CSA approved safety shoes

28

purchased by an employee. The wearing of CSA approved safety shoes is a condition of employment.

25.14 Pension

25.15

a) Management agrees to continue a participation agreement with the Canadian Commercial Workers Industry Pension Plan (CCWIPP) during this agreement and remit to CCWIP on or before 2Q1h of each month for the preceding month an amount equal to two ($2) dollars per hour for all employees covered by this Collective Agreement. The maximum number of hours worked per employee for purposes of contribution calculation shall be forty (40) worked hours per week and hours worked shall include regular hours worked, overtime hours worked, paid statutory holidays, vacations and any other hours paid by the Company.

b) Should an employee be laid off for two (2) shifts or less in a week, the Employer shall remit forty (40) hours of CCWIPPP contributions for the week that the lay-off occurred, provided they have worked at least three full shifts.

c) Effective September 28, 2015 the Employer shall deduct and remit the following amounts from employees in accordance with their service: 2:7.99 years of service: twenty two (22c) cents per hour and eight (8+) plus years of service: forty (40c) cents per hour. Deduction and remittance shall be made in accordance to 25.13 (a) and the employer shall report such deductions as applicable on the employee's T4.

d) The Employer agrees to contribute an additional twenty (20c) cents per hour for all hours as qualified under 25.13 (a) once any excess funds in Account with CCWIPP are completed depleted. The excess funds are as follows: (the listed number are approximate and subject to final confirmation from CCWIPP).

a)

i) Stabilization Fund: approximately $228,580

ii) On Account: $393,260

The excess funds above shall first be utilized to restore the Normal Form for Active Employees and any remaining amount shall be utilized to fund the aforementioned additional twenty (20c) cents, until such time the funds are depleted. The cost of restoring the Normal Form is approximately $354,646 subject to confirmation from CCWIPP.

The Company agree to contribute five (5c) cents per hour to the Local 175, Employers Education and Training Fund for all hours

29

worked, to a maximum of forty (40) hours per week, by bargaining unit employees.

b) The Company shall forward the contribution every four (4) weeks to the Union and shall include a list of the bargaining unit employees and the number of hours worked by each employee during the four (4) week period.

Article 26 Miscellaneous

26.01 The Company shall provide appropriate uniforms for members of the Bargaining Unit. Uniforms shall be worn at all times in the Plant and not worn outside of the Plant.

26.02

26.03

26.05

26.06

Article 27

27.01

Uniforms - In the event that uniform supply becomes an issue over the term of the Collective Bargaining Agreement, the Company will meet with the Union to discuss.

The Company shall provide suitable lockers for storage of valuables by the members of the Bargaining Unit.

Locker inspections - the Company recognizes the rights of privacy in respect to employee's lockers and will comply with the law regarding locker searches. A Union officer will be present on all such occasions

Technological Change - In the event that technologically advanced equipment affects current employees, it is agreed that such affected employees will be offered training to operate and maintain that equipment.

Training - The Company recognizes the importance of training and upgrading of employee skills. There is a joint responsibility to identify training opportunities that will jointly benefit both the Company and the Union employee. The Company will fully fund such training upon successful completion of the agreed upon courses and to accommodate shift hours to allow such employee to attend the course

Notices

Any notices in writing which either party desires to give to the other shall be delivered personally or given by registered mail:

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TO THE COMPANY

Weetabix of Canada Ltd 751 D'arcy St. Cobourg Ontario KOK 505

TO THE UNION

United Food 7 Commercial Workers Canada Local 175 20 Hamilton Avenue North Ottawa, Ontario K1 Y 186

27.02 Any notice so mailed shall be deemed given as the next business day after date of mailing. The registration receipt shall establish the date of mailing.

This agreement shall be in force and effect from 1 August 2018 to 31 July 2023 and until all provision of the Ontario Labour Relations Act have been expended. Either party may give the other party notice of renewal and/or amendment of this Collective Agreement at any time within ninety (90) days prior to the expiry of this Collective Agreement. The parties shall meet within fifteen (15) days of such notice being received. The Parties agree to sign the Collective Agreement within thirty (30) days of ratification by . the Union.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed this 1st day of August 2018.

Signed this(;,zr:{ day of IECF~Ell , 2018,

WEETABIX OF CANADA LIMITED

31

UNITED FOOD &COMMERCIAL WORKERS CANADA, LOCAL 175

7

Extruder Assistant & Ooerator

Couaar Ooerator

HB Ooerator & Packaaina Relief Coatinn Onerator

Shinnina/Material Handlers

Weetabix Cooker

Weetabix Mill Ooerator

Forbern Weetabix Biscuit Machine

Onerator

Weetabix Batcher

Millwriaht

Electrician

SCHEDULE A

CLASSIFICATIONS

General Labourer

General Labourer Class I General Labourer

General Labourer

Facilit Janitor

DX Line Ooerator

Flake/Shred Ooerator

HB Line Ooerator

Coatina Operator

Material Handler

Class II Weetabix Cooker

Weetabix Mill Ooerator

Forbera Weetabix Biscuit Machine

Operator Weetabix Packaging Line

Operator

Team Leader Ooerations

Class Ill Team Leader Weetabix

Team Leader Materials

Line Specialist

Class IV Millwriaht

Electrician

Class V Team Leader Maintenance

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SCHEDULE 8

WAGES

a) Employees hired on or before July 31, 2018 will receive the following lump sum payments as shown below:

i)

ii)

iii)

Payable the first (1 51) pay following July 31, 2018



$1,000

$1,000

$1,000

b) Employees hired on or before July 31, 2018 will receive a 2% increase applied to their hourly rates in Class I and Class II positions for 2021 and 2022 as shown below. Rate increases will be effective 1 August 2021 and 2022 respectively.

Class I Class II

2021 18.36 26.48

2022 18.72 27.01

c) Employees in Labour Class I, II and Part-time hired on or after August 1, 2018, hourly rates will be as follows:

Class I and Part-time contract rate $18.00 per hour

Year1 Year2 Year3 Year4 Years $15.25 $15.50 $16.00 $16.75 $18.00

Class II contract rate $25.96 per hour

Year1 Year2 Year3 Year4 Years $18.00 $18.45 $20.00 $22.00 $25.96

d) Employees in Labour Class Ill, IV and V hired on or after August 1, 2018, hourly rates will be as follows:

2018 2021 2022

Class Ill $27.97 $28.52 $29.10

Class IV $32.40 $33.05 $33.71

Class V $34.40 $35.09 $35.79

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Ratification/Signing Bonus

Active Employees hired on or before July 31, 2018 are eligible for one thousand ($1,000) dollars payable the first pay after July 31,2018.

Incentive bonus

The Company may offer an incentive pay plan that can provide production hourly employees, the opportunity to earn additional compensation through achievement of select targeted goals, that are established by the Company.

The Company reserves the right to revise, modify, change and/or discontinue the incentive bonus plan at its discretion.

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7 June 2018

Weetabix of Canada Ltd 751 D'arcy Street Cobourg Ontario KOK 5P5

LETTER OF UNDERSTANDING

RE: NEGOTIATING COMMITTEE WAGES/MEETING ROOM AND COLLECTIVE AGREEMENT BOOKLETS

The Company and Union agreed to share cost of fifty percent (50%) payable by each party for the above noted items.

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7 June 2018



RE: SELECTION CRITERIA FOR TEAM LEADS

All Team Lead positions will be appointed based upon the successful completion of the following selection elements:

Stage 1 Less than 2.3% non-attendance rate.

Stage 2 The selection process will require all applicants to provide a draft SOP for one portion of their job bid.

Candidates who score a minimum of 75% or greater will then move to Stage 2 of the selection process.

Stage 3 will require employees to complete an online personality assessment to determine work based personality traits measured against a Team Lead benchmark of at least 65%.

Stage 4 will require candidates to successfully complete an interview and successfully develop and deliver an oral presentation to the review panel. The minimum pass rate for the this element of the interview process will be 75%

Job Award

All positions will be awarded in accordance with the above process and based on competency and capability. Where the cumulative score for all stages is equal, then the position will be awarded to the senior employee.

36

7 June 2018



RE: MAINTENANCE APPRENTICE

Should the Company decide to create a Maintenance Apprenticeship position, the parties agree to meet and discuss the selection criteria.

37

7 June 2018


RE: PAY EQUITY ACT


The parties agree to meet to discuss their joint obligations under the Pay Equity Act.

The Union and the Employer agree to form a Pay Equity Committee to develop and/or maintain the pay equity plan for the bargaining unit.

The Pay Equity Committee shall be comprised of at least two (2) representatives from the Union and two (2) representatives from the Employer. Decisions will be made by consensus.

The Pay Equity Committee shall meet annually to review and maintain the plan.

Employees' time participating in the Pay Equity process shall be considered time worked and shall be paid for by the Employer. The Employer will make all reasonable efforts to ensure that members of the Pay Equity Committee are released from the duties to attend Committee meetings.

Matters in dispute will be resolved before results will be released. If there is a dispute, in coming to a consensus about a rating, the matter will be referred to the Pay Equity Commission.

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LEITER OF UNDERSTANDING

7 June 2018


RE: MANUFACTURING OPERATING SYSTEM (MOS)

The objective of the Manufacturing Operating System is to standardize the approach by which we improve the performance of the plant. This will increase our competitiveness within the cereal market and to leverage the Cobourg operations experience in order to obtain cereal volume.

This objective can only be achieved through people development and an organization team that is able to: • Attack all types of waste and loss • Involve all those who contribute at all levels of the business • Apply methods rigorously • Deploy and standardize the results achieved.

Achievement of this objective will require full implementation of Continuous Improvement activities by the following principles:

• It is implemented and deployed top-down and bottom up with the constant commitment from all parties

• It is based on the constant contribution of all those who work within the plant and is not consultancy driven

• It is a way of working and not a project • It is reinforced and developed with the involvement of all concerned • It is effective by "keeping it simple" • It results in a visible transparent system

The parties agree to implement the Manufacturing Operating System (MOS) principles including but not limited to: • Autonomous Activities - Performed by team members including but not limited to

cleaning, lubrication, inspection and re-tightening as required both inside and outside of work lines.

39

7 June 2018



RE: UNITED FOOD & COMMERCIAL WORKERS CHARITY FUND

The Company agrees to provide prior to 1 January 2019 a payroll deduction for the UFCW Leukemia research Fund for all employee who wish to contribute.

In addition to the above, the Company shall present the enrolment form at Orientation to all new employees and when completed, such form(s) and deduction if any shall be sent to the Union office with a detailed list of names, Social Insurance Numbers and amount deducted, and remit the same by cheque payable to the UFCW Leukemia Research Fund on or before the fifteen {151h) day of the following month the money was deducted.

The total amount deducted in the calendar year will be provided by the Company on or before February 281h of each year and noted by the Company on the employee's T4 slip.

40

7 June 2018


RE: EXIT MONEY


The Company will provide thirty (30) voluntary exit packages of $15,000 for employees hired prior to 31 July 2018.

Employees must apply for the exit package no later than July 6, 2018 on the form supplied by the employer, to be available no later than June 15, 2018.

The parties agree to meet and discuss the timing of exiting employees and the Employer and Union will work together to accommodate an employee's request exit date. However, the parties also recognize that the business needs will also impact the ability to meet each employees exit date request.

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7 June 2018



RE: PERSONAL EMERGENCY LEAVE DAYS

The Employer agrees that they will continue to provide two (2) paid PEL days as per the Employment Standards Act until such time that the ESA is amended to reflect differently, at which time the amended legislation will be followed.

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7 June 2018


RE: VOLUNTARY LAYOFF PROCESS

As per 14.02 in the event of a work shortage of less than 30 days employees have the option to move to General Labour duties or to take a voluntary layoff.

For employees wishing to take advantage of the Voluntary layoff the following process will be followed:

1. VOL layoffs are to be made in two or three (2/3) day blocks. For work shortages that may continue beyond a week a new VOL leave sheet is required for each time taken.

2. A Voluntary leave slip must be completed by the employee, signed by their Supervisor, and handed in by the Monday prior to the week before the leave is due to start.

3. The Manpower scheduling team will determine if the skills of the individual are required elsewhere in the business. If the business requires the employee to work in a different area the leave will be declined and the reason explained to the employee.

4. If the VOL Leave is authorized this will be indicated on the manpower schedule on Wednesday.

5. It is the responsibility of the employee to check the manpower schedule each week.

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7 June 2018



RE: PART-TIME EMPLOYEES HIRED PRIOR TO OR ON 31 JULY 2018

It is agreed that Part-time employees employed prior to July 31, 2018 shall be treated the same as Full-time employees hire prior to July 31, 2018 for the purposes of wages, vacations and benefits should they be promoted to full-time status.

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7 June 2018


RE: 24/5 SHIFT PATTERN


The parties agree that should the business require a move to a 24 hour, 5 day production model, that shifts will not commence until the parties have agreed to the timeline regarding the change.

Existing 24/5 shift language is identified in Appendix B.

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LEITER OF UNDERSTANDING

BETWEEN

UFCW LOCAL 175

AND

WEETABIX

Re: SIGNING OF LETIERS OF UNDERSTANDING

The parties agree by signing this Letter of Understanding that they are signing and agreeing to the following Letters of Understanding being part of the Collective Agreement between Weetabix and UFCW Local 175 and are attached herein.

• Re: Negotiating Committee Wages/Meeting Room and Collective Agreement Booklets

• Re: Selection Criteria for Team Leads

• Re: Maintenance Apprentice

• Re: Pay Equity Act

• Re: Manufacturing Operating System (MOS)

• Re: United Food & Commercial Workers Charity Fund

• Re: Exit Money

• Re: Personal Emergency Leave Days

• Re: Voluntary Layoff Process

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• Re: Part Time Employees Hired Prior To Or On July 31, 2018

• Re: 24/5 Shift Pattern

The above Letters are all signed by both parties in accordance to this letter.

Signed this fu day of fu~~~ , 2018.

WEETABIX OF CANADA LIMITED

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U FCW LOCAL 175

Lf2_o~;;~ f__~ 1~)/~---

Appendix A- Part-Time

The main body of this document applies unless there is a conflict between the main body and this appendix, in which case this appendix prevails to cover off all aspects of language.

Article 1

1.01

1.02

1.03

1.04

1.05

Article 2

2.01

Part-Time employees

This Agreement pertains to all part-time employees with the exception of the following articles which are only part-time specific.

The employer may schedule part-time employee(s) up to forty eight (48) hours a week when the need arises due to operational demands, replacement for sickness, including STD and LTD absences, vacation, training and peak production periods. Employer will provide monthly report indicating:

• Number of full-time employees currently absent from work and expected date of return, if known

• Number of part-time employees being utilized 36, 40, 48 hours per week as applicable.

Part-time employees will not be used to displace, replace or prevent the liiring of a full-time employee.

Part-time employees will be laid off prior to full-time employees being laid off.

PT employees will be assigned to a specific shift in order to bring stability to their work schedules. Hours will be scheduled as follows: • Pre-scheduled hours - PT employees shall be pre-scheduled to hours

available on their assigned shift in order of seniority on a by shift basis • Unscheduled Call Ins - the Employer will call PT employees for any

available unscheduled call ins in order of seniority plant wide. Only those PT employees who are assigned to the shift requiring the call in will have any refusal to work counted against them as it relates to the availability requirement set out in Appendix A Article 2.01 (iv)

Seniority

An employee shall be cease to have seniority, to be on any seniority list and accumulate service in the employee of the Company shall be broken if the employee:

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Article 3

3.01

Article 4

i) quits or resigns

ii) is discharged

iii) is not called in to work during a period of one (1) year from the date of the last call-in worked by the employee.

iv) is not available for three (3) or four (4) twelve (12) hour shifts per week (in accordance to how many shifts their assigned shift is scheduled that particular week), except in the case of Personal Emergency Leave, approved leave of absence or approved vacation.

Vacations

Vacation will be accrued at the statutory rate of 4% per calendar year moving to six (6%) percent after 5 years of service The Company will pay each part-time employees their accrued vacation earned at two (2) intervals through the year. The first accrual from January to the first pay of July. The second payment will be for vacation earned from July to the end of the calendar year and will be paid out on the last pay date in the calendar year.

Pension

Part-time employees will only receive UFCW pension benefit.

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Appendix B

5/24 SHIFT LANGUAGE

The main body of this document applies unless there is a conflict between the main body and this appendix, in which case this appendix prevails to cover off all aspects of language.

Article 5

5.06

5.07

Definitions

An "employee" is any person coming within the bargaining unit and covered by this Agreement as defined in Article 4.

A day is any period of twenty-four (24) hours beginning at 12:01 a.m.

5.08 A "week" is a period of seven (7) days beginning with the shift commencing at 11 pm on Sunday.

5.09 "Vacation week" is a period of seven (7) days beginning Sunday 11pm to the following Friday at 11 pm.

5.10 "Payroll week" is defined as Monday to Sunday

5.06 "Working day" is defined as a business day (Mon-Fri)

5.07 "Calendar day" is defined as Monday to Sunday

5.08 A "Grievance" is an alleged violation of the terms of this Agreement

5.09 A "Shift worker'' is any employee who is scheduled in advance to work rotating hours of work between different shifts.

5.1 O An "Emergency" is an Act of God, catastrophe, disaster, or occurrence wherein immediate action is necessary to prevent spoilage or loss of product or loss of production, or to prevent danger to persons, property, or plant.

Article 16 Hours of Work

This article is for the purposes of providing a basis for calculating overtime and shall not be construed as a guarantee of hours of work per day or per week nor of any minimum nor as a restriction on maximum number of hours to be worked.

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The normal hours for shift workers will be as follows:

Night Shift 11pm-7am

Day shift 7am-3pm

Midnight Shift ?pm -?am

The regular scheduled hours of shift workers shall be eight (8) hours per day for five (5) consecutive days to provide forty (40) hours per week and shall commence on a Monday.

Employees shall be at their work place and ready to assume their duties at the commencement of their work day.

Shift workers shall be allowed one paid half(%) hour for lunch and two (2) fifteen (15) minute coffee breaks during which time they shall continue all necessary supervision of plant and equipment under their control and such lunch and such breaks will be scheduled in a manner so as not to interfere with production or cost of operations.

Article 18 Overtime

Overtime will be paid for hours worked over forty (40) hours.

Overtime shall be all authorized time worked in excess of either:

(i) eight (8) hours in one (1) day; or

(ii) forty (40) hours worked in a scheduled five (5) day work week Monday to Friday.

(iii) all hours worked on a Saturday shall be paid for at one and one-half (1 Y,) times the employee's regular hourly rate.

(iv) eligible full time employee(s) will be offered overtime prior to Part time employee(s)

All authorized overtime work shall be paid for at one and one half (1-1/2) times the employee's regular hourly rate except that:

(i) any employee required to work in excess of twelve (12) consecutive hours shall after the twelfth hour of work be paid at two (2) times the employee(s) regular hourly rate for all hours worked in excess of twelve (12) hours on such hours of duty.

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(ii) all hours worked on Sundays shall be paid at two (2) times the employee's regular hour rate.

Employees shall not be paid for both daily and weekly overtime for the same overtime hours worked.

Should an employee be requested to work unscheduled overtime of more than two (2) hours after their regular scheduled shift they will be paid a seven ($7.00) dollar meal allowance. This payment is non-taxable and will be made to the employee through bank transfer and the amount shown on their payslip. Unscheduled overtime shall be defined as overtime where less than 24 hours notice has been given.

Article 22 Vacation

Vacation pay will be calculated as two (2%) percent of the years earnings or forty (40) times the employee's hourly base rate for each complete week of vacation, whichever is greater.

All employees hired on or before August 1, 2018 shall be entitled to vacation with pay as follows:

i) employee with less than one (1) year service shall be entitled to one (1) day of vacation for each completed month of employment to a maximum of ten (10) days;

ii) employees with more than one (1) year of service and less than five (5) years of service shall be entitled to two (2) weeks of vacation;

iii) employees will be entitled to three (3) weeks of vacation commencing in the year which they complete five (5) years of service;

iv) employees will be entitled to four (4) weeks of vacation commencing in the year in which they complete ten (10) years of service;

v) employees will be entitled to five (5) weeks of vacation commencing in the year in which they complete twenty (20) years of service.

vi) employees will be entitled to six (6) weeks of vacation commencing in the year in which they complete twenty (25) years of service.

All employees hired on or after August 1, 2018 shall be entitled to vacation with pay as follows:

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i) employee with less than one (1) year service shall be entitled to one (1) day of vacation for each completed month of employment to a maximum of ten (10) days;

ii) employees with more than one (1) year of service and less than five (5) years of service shall be entitled to two (2) weeks of vacation;

iii) employees will be entitled to one hundred and twenty (120) hours of vacation commencing in the year which they complete five (5) years of service;

iv) employees will be entitled to four (4) weeks of vacation commencing in the year in which they complete fifteen (15) years of service.

Article 23 Bereavement

Employees shall be a granted a paid leave of absence for the purposes of making arrangements and/or attending the funeral as follows:

a) five (5) days without loss of pay, as applicable, for the death of a spouse, recorded common-law spouse, child, step-child or parent;

b) three (3) days without loss of pay for the death of a brother, sister, brother/sister-inlaw, step-parent, parent-in-law, grandparent or grandchild;

Article 24 Plant Holiday

Holiday pay will be paid at the employee's regular job rate for the number of hours in the employee's regularly scheduled shift.

An employee who works on a paid plant holiday will receive holiday pay and in addition, the employee will be paid at the rate of two (2) time the employee's regular rate for all hours worked.

If a paid plant holiday falls on a day on which work is not normally scheduled, the work day before or after such holiday shall be observed as a substitute holiday at the Company's discretion.

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Documents

COLLECTIVE AGREEMENT - Ontario Consuma… · An "Emergency" is an Act of God, catastrophe, disaster, or occurrence wherein immediate action is necessary to prevent spoilage or loss