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$~PEPSICO CAN.& ItA
BEVERAGES· BREUVAGES
pepsi 1iupicana G Orillia
COLLECTIVE AGREEMENT
BETWEEN:
PEPSICO BEVERAGES CANADA ORILLIA, ONTARIO
(hereinafter referred to as the "Company")
AND
TEAMSTERS LOCAL UNION 938
Local938
affiliated with the International Brotherhood of Teamsters
(hereinafter referred to as the "Union")
January 1, 2017 to December 31, 2019
ARTICLE
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article lO
Article 11
Article 12
Article 13
Article 14
Article 15
Article16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Letter of Understanding # 1
Letter of Understanding #2
Letter of Understanding #3
Letter of Understanding #4
Letter of Understanding #5
TABLE OF CONTENTS
DESCRIPTION PAGE#
Preamble & Scope of the Bargaining Unit 3
Union Security 4
Managements Rights 5
Union Activities and Representation 6
Grievance and Arbitration Procedure 7
Seniority 9
Maintenance and Termination of Seniority 11
No Strike or Lockout Clause 12
Bulletin Boards 12
Establishment of Classifications 13
Hours of Work. Overtime and Rest Periods 13
Call in Pay, Reporting Allowance and Injury /Illness on Shift 14
Vacations with Pay 15
Paid Holidays 16
Leave of Absence 17
Bereavement Pay 17
Jury Duty 17
Sick Leave 1 7
Shifts and Premiums 18
Weekly Pay Day 18
Health and Safety 18
Copies of Collective Agreement 19
Protective Clothing/Uniforms/Tool Allowance 19
Wage Rates and Classifications 20
Health and Welfare and Pension 21
Duration 22
23
24
25
26
27
PREAMBLE
The genera] purpose of this Agreement is to promote the interest of the Company and the Union by selling forlh provisions for rates of pay, hours of work, settlement of grievances and other conditions of employment for employees of the Company, represented by the Union and other mallers expressly refeiTed to herein.
The Company and the Union agree that a co-operative environment within which employees can work productively, avoiding confrontation is in the best interest of the employees, the Union and the Company.
It is further recognized by both patties that the Company must be profitable. This can be achieved by maintaining high operational elTicicncy and productivity, establishing ancl maintaining a high level or customer service ancllow operational costs and achieving continuing and ongoing improvement.
The masculine pronoun, whenever used in this Agreement shall include the feminine.
Any personal/confidential information to be provided by the Company to the Union or any Union Representative will continue to be proviclecl as long as it is legally permitted uncler any Privacy Act.
ARTICLE 1
SCOPE OF THE BARGAINING UNIT
Section 1.()1
The Union sha11 be the exclus.ive col1ective bargaining agent for a1I employees of the Company in the City of Oriiiia, save and except supervisors, persons above the rank of supervisor, office, c1erica1 and sales staff, persons regularly employed for not more than twenty-four homs per week.
Section 1.02
The Company will supply to the Union a list of the supervisory personnel who are classified as supervisor or above the rank of supervisor.
Section 1.03
Supervisors and other senior members of management will not be pennitted to perfonn the work of the employees in the bargaining unit except for the purpose of instruction, training and emergency situations, or in the event that a sufficient number of bargaining unit employees are not available to perfonn the required work.
Section 1.04
a) "A "seasonal employee" is one who is hired dllling the period March 15 up to and including September 15 and during the period November lst to December 31st in each year. However, the Company may utilize seasonal employees outside of the seasonal window
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when reaturc activily increases and/or to cover orr employees absences due to sick leave (STD/LTD/WSIB) or transitional duties. Notwithstanding the foregoing and ror purposes of clarification; seasonal employees shall be used to replace an employee on LTD to a maximum of 26 weeks.
b) Seasonal employees arc not hired with the intent of becoming seniority employees.
c) The provisions of the Collective Agreement, which apply to seasonal employees, arc wages and payment of union dues.
d) Seasonal employees arc entitled to all payments required by law and have no claim to benerits etc. available to seniority employees.
e) Seasonal employees sha11 be given first consideration should runtime work become available.
0 Seasonal employees shall not displace seniority employees or probationary employees.
g) Seasonal employees who have worked forty (40) hours in a given week will only be offered scheduled overtime work after all full-time employees have been offered the opportunity to work the scheduled overtime.
ARTICLE2
UNION SECURITY
Section 2.01
All employees shall as a condition of employment maintain Union membership in good standing and complete an "Application for Union Membership" ancl"Union Deduction Authorization" prior to the commencement of employment. The Company must then promptly forward such completed forms to the Union office. Dues Authorization Cards shall remain in effect during the term of an employee's service with the Company.
Section 2.02
The Company will deduct from the earnings of each employee covered by this Collective Agreement monthly clues in the amount certified by the Union to the Company, in writing. Such deductions shall be made from the first pay in the month and forwarded to the Union office within ten (10) calendar days. The Union office is presently acknowledged as Teamsters Local Union 938 (275 Matheson Blvd. East, Mississauga, Ontatio IAZ 1X8).
The Company will use the Union's prebilling list system. The Company shall update and make the necesscu·y adjustments to the list adding any new employee who is recalled or hired and give an explanation alongside the name of each employee who appeared on the previous month's checkoff list for whom a remittance was not made.
4
Section 2.03
The Company will deduct the Initiation Fee from each employee's first pay period after attaining seniority. The Initiation Fcc will he forwarded to the Union office along with the regular dues.
Section 2.04
The Union will notify the Company, in writing, of any mTears in clues, Initiation Fees, Re-initiation Fees and assessments, and the Company will deduct the amounts prescribed hy Local 938 and forward the same to Local 938 along with the regular monthly dues.
Section 2.05
When remittance is made, the Company will provide a list of all employees and the sums, which were cleclucted, from each employee, using the Union's billing format. The Company will provide the Union with the employee's name, social insurance number, rate of pay, elate of hire, address, date of birth, department and any other pertinent information, which is practical for the Company to provide. The Union will be advised monthly of changes in the above information.
Section 2.06
The Company will show the yearly union clues deductions on cmployee!l' T-4 slips.
Section 2.07
A seniority li!lt containing names and addresses of employee!l as contained in the records of the Company will be prepared and forwm·ded to the local Union office annually during September of each year.
Section 2.08
The Union agrees to indemnify and save the Company harmless again!lt all claims or other forms of liability which may m·ise out of, or by reason of, deductions made or payments made in accordance with this Article 2.
ARTICLE3
MANAGEMENT'S RIGHTS
Section 3.01
Except as limited by an express provision of this Agreement the Company shall continue to have the undisputed right to take any action it deems appropriate in the management of the Company and direction of the workforce. A11 inherent and common law management functions and prerogatives which the Company has not expressly modified or restricted by a specific provision of this Agreement are retained and vested exclusively in the Company.
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Section 3.02
The Company's failure to exercise any function thereby reserved toiL or the Company exercising any function or right in any pmticu1ar way shall not be deemed a waiver of its rights to exercise such functions or rights, nor preclude the Company from exercising the same in some other manner not in conflict with the express provisions of this Agreement. The Company's failure to invoke discipline in one instance shall not affect its right to invoke discip1ine for another or later infraction either by the same employee or another employee and no discipline or discharge shall he invalid by reasons of inconsistency as to the employee involved or as to the level of discipline involved.
ARTICLE4
UNION ACTIVITIES AND REPRESENTATION
Section 4.01
The Company acknowledges the right of the Union to appoint or select three (3) Shop Stewards, one for each department, to assist employees in the presentation of their grievances or other problems in accordance with the terms of this Agreement.
Section 4.02
The Stewm·cls to be appointed or selected shall have a minimum of one (1) year seniority with the Company. It is understood that the provisions of this Article arc intended to provide such employees with time off with pay for short periods of time to investigate on-the-job problems provided that and so long as the steward received prior permission from the Company and does not abuse or take advantage of such right.
Section 4.03
The appointment or selection of the Stewards is the function of the Union and the Union shall notify the Company in writing of the name of the Stewards before the Company will be required to recognize them.
Section 4.04
There will be no Union meetings on the premises of the Company except as specifically permitted by this Agreement or with prior permission from the Company. A Business Representative assigned by the Union shall have reasonable access to the Company's premises to meet with representatives of the Company concerning grievances as provided under the grievance procedure and for other purposes relating to the administration of the Agreement as provided in the Agreement, provided he notifies the Manager or his designate upon his arrival at the Company premises and complies with all security requirements of the Company.
Section 4.05
It is agreed that the Negotiating Committee for the Union shall be three (3) bargaining unit employees plus the Teamsters Local Union 938 Business Representative or his designate, assigned
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by the Local. The Negotiating CommiUee or members shall each have at least twelve (12) months' seniority wilh the Company at the time of their appointment or selection.
At the request of the Union, the Company wi11 grant time off, without loss of pay during the employee's regular working hours, tn allow the above three (3) members of the Union Negotiating Committee to attend arranged meetings with Company representatives up to conciliation for the purposes of negotiating a renewal of this Collective Agreement.
Section 4.06
Any Labour Management mccling, outside or contract negotiations, called by the Company to be held during normal working hours will he paid for at the regular hourly rate or the Union Stewards involved.
ARTICLE 5
GRIEVANCE AND ARBITRATION PROCEDURE
Section 5.01
Grievances shall be confined to differences arising as to the interpretation, application, administration or alleged violation of the express provisions of this Agreement and shall be addressed in accordance with the following provisions of this Article. Any agreements made shall be final and binding upon both parties and any employee affected.
Section 5.02
The following procedure will be followed in the settlement of grievances and for the purposes of this procedure, "working days" shall be defined as Monday to Friday excluding paid holidays.
Step One
An employee must submit his oral grievance to his supervisor within three (3) working days from the date the incident giving rise to the grievance occurred or become known or should have been known to the employee as the case may be, and the supervisor shall render an oral decision to the employee within two (2) working days following this meeting.
Step Two
Failing an answer or a satisfactory settlement as in Step 1, within three (3) working clays the aggrieved employee accompanied by his steward shall meet with his supervisor. At this time, the grievance must be submitted to the supervisor in writing. The grievance must state in what respect the Agreement has been alleged to be violated or misinterpreted with reference to the specific section or sections relied upon and the nature of the relief or remedy sought. A decision in writing will be rendered by the supervisor to the steward within two (2) working days following this meeting.
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Step Three
Failing an answer nr a satisfactory seUlement as in Step 2, within three (3) working days the aggrieved employee, wilh his steward, shall refer the grievance, in writing, to the Manager or his designate. A meeting to review the merits of the grievance shan be held at a mutua11y agreed-to time and date. A Business Representative of the Union wi11 be present. The Manager m his designate shall render his decision in writing to the steward within five (5) working days from the date of the meeting or the parties.
Section 5.03
Policy or group grievances initiated by the Union or Company grievances will begin at the third step or the grievance procedure, with strict adherence to the terms or the third step or the grievance procedure. A Union policy grievance shall he restricted to those disputes where an individual or group grievance could not he filed.
Section 5.04
Crrievances dealing with suspension or discharge shall commence at the third step of the grievance procedure, with strict adherence to the terms or the third step or the grievance procedure.
Section 5.05
The Company will provide a copy or all written disciplinary actions to the Union Business Representative and the Stewards.
Section 5.06
All time limits contained in the grievance procedure shall, unless the parties mutually agree to an extension in writing, be mandatory and complied with by each party. Should the Company fail to observe the time limits specified to respond to an incliviclual, policy or group grievance, such grievance shall be automatically advanced to the next step. Similarly, should the Union fail to observe the time limits specified to respond to a Company grievance, such grievance shall be automatically advanced to the next step.
Section 5.07
Failing a satisfactory settlement at Step 3 of the grievance procedure, it shall be the responsibility of the party desiring arbitration to so inform the other party, in writing, within thirty (30) working clays alter the response at Step 3 has been received.
Section 5.08
All grievances will be heard as expeditiously as possible after notice has been given under Section 5.06. Such notice under Section 5.07, shall include that party's proposals for sole arbitrator and the sole arbitrator shall be mutually agreed to in wtiting between the parties. If the pa.Ities 3.1·e unable to agree on the appointment of a sole ai·bitrator within fifteen ( 15) working days of the receipt of
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notke under Section 5.07, either party may apply to the Minister of Labour for Ontario to make such appointmenL
Section 5.09
The sole arbitrator so appointed wi11 set a date for the hearing within a reasonable period of time and will permit both parties to present their case and will render a decision as soon as possible after hearing all evidence.
Section 5 .I 0
The decision of the sole arbilrator shall be rinal and binding upon both parties. The sole arbitrator shall be restricted in his aware! to the provisions or this Agreement and shall not in his award acid to, delete from or otherwise aller or amend any provision of this Agreement or impose any restriction on the exercise of management rights which is not expressly provided rnr in this Agreement. He shall, however, in respect or a grievance involving the suspension or discharge or an employee for just cause, be enlilleclto set aside the penalty, or subslilute such other penally as the arbitrator deems just in all the circumstances.
Section 5.11
The parties will equally bear the fees and expenses or the sole arbitrator. Any witnesses called by a pm'ly will be at the expense of such party.
ARTICLE6
SENIORITY
Section 6.01
Seniority shall mean the length of continuous service of an employee with the Company from the employee's last elate of hire. A copy of the seniority list will he provided to the Union and posted on the Union bulletin board every six (6) months.
A seniority list containing names, addresses and social insurance numbers of employees as contained in the records of the Company wiii be prepm·ed and forwarded to the Local Union office annually during September of each year.
Section 6.02
A Probationary Employee shall, upon satisfactorily completing a ninety (90) working clay probationary period, be placed on the seniority list and such seniority shall date from the employee's last date of hire. The Company may terminate the employment of a probationary employee at its sole discretion and without cause.
Should an employee commence full-time employment, the above-noted probationary period shall be reduced by the number of days worked as a seasonal employee. Upon completing his probationary period, the employee's seniority date shall revert hack to the miginal date of being hired on fulltime.
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Section 6.03
Seniority rights as created in this Agreement exist only to the extent as expressly stated herein.
Section 6.04
a) Before hiring to fill a permanent vacancy (a vacancy anticipated by the Company to exist for more than ( 15) working clays) or a new position in an existing or new job classification in the bargaining unit, the Company will consider applications for transfer from employees. A vacancy will be considered temporary notwithstanding its term if the normal occupant is sick, on vacalion or on a leave of absence. Temporary vacancies shall be offered by seniority ln those employees within the same job classification, provided that, in the Company's judgement, the senior employees to be retained are qualiried to do the job.
b) An employee who is temporarily transferred to a lower rated job to avoid a layoiT or at the request of the employee will receive the lower rate of pay for the duration of the temporary transfer.
c) An employee who is temporarily transferred to a lower rated classification for the convenience and benefit of the Company shall continue to receive his normal rate of pay for the duration of the tem11orary transfer.
d) Employees who are temporarily transferred to a higher rated job shall receive the higher rate for the duration of the temporary transfer.
Section 6.05
All notices of permanent vacancies shall be posted on the bulletin board for five (5) calendar days and shaii designate the applicable job classification and rate of pay. Eligible employees may apply in writing for the vacancy during the posting period and within two (2) working days thereafter.
Section 6.06
When filling permanent vacancies under the procedures as provided under Sections 6.04 and6.05, the seniority, ski11, ability and qualifications of the persons involved shall be considered by the Company, and where two (2) or more employees are, in the judgment of the Company, relatively equal, then the senior employee sha11 be selected.
Section 6.07
Layoffs of more than twenty (20) working days, and recalls shall be on the basis of plant seniority, subject to the employee's ability to perform the required work immediately and without training.
Layoffs of less than twenty (20) working days, and recalls, shall be on the basis of department seniority subject to the employee's ability to perfmm the required work immediately and without training.
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Any employee who accepts another job by reason of the exercise or his seniority will be paid the rate or pay for that job.
ARTICLE 7
MAINTENANCE AND TERMINATION OF SENIORITY
Section 7.01
i. An employee will lose his seniority and his employment with the Company shall automatically terminate for any of the following reasons:
i. if he voluntarily quits or retires;
ii. if he is discharged and such discharge is not reversed by the grievance or arbitration procedure;
iii. if he is laid off and fails to return to work within five (5) working days afler he has been notified to do so by registered mail to his last known address unless reasonable cause is established for the failure to return to work and the employee has made every reasonable effort to notify the Company as soon as possible, of the failure and the reasonable cause therefore;
iv. if he overstays a leave of absence or vacation unless reasonable cause is established for the overstaying and the employee has made every effort to notify the Company as soon as possible of the overstaying and the reasonable cause therefore;
v. if he absences himself from work for a period of two (2) consecutive working days or more unless reasonable cause is established for the absence and his failure to notify the Company as soon as possible of the same;
vi. if he has been laid off for twelve (12) consecutive months;
vii. if he uses an authorized leave of absence for purposes other than those for which the leave was granted;
viii. when an employee's absence exceeds the length of time permitted under S.7.04(iv) or (v).
Section 7.02
It shall be the responsibility of each employee to ensure that his/her personal infonnation is up-todate with respect to any change in his/her address and telephone number. If any employee fails to do so, the Company will not be responsible for failure of any contact or notice to reach such employee.
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Section 7.03
l:!mployees transferred to a position outside or the Bargaining unit, may be translcn·ed by the Company back to the bargaining unit at any time within six (6) months or such transfer, without loss or seniority.
Section 7.04
Seniorily shall be maintained and accumulated only during:
1. periods when an employee is aclively working;
ii. periods when an employee is absent from work on an authorized vacation;
iii. periods when an employee is absent due to occupational accident or illness incurred while
iv. the employee is performing work for the Company including any period when the employee is receiving workers' compensation benellls, to a maximum or two (2) years or the length or the employee's seniority, whichever is greater;
v. periods during when an employee is absent due to non-occupational temporary illness or accident including a period where the employee is receiving long-term disability benefits as a resull or such illness or accident to a maximum or twelve ( 12) months; and
vi. when an employee is absent rrom work on an authorized leave of absence.
ARTICLES
NO STRIKE OR LOCKOUT CLAUSE
Section 8.01
In view of the orderly procedure set out herein for the settlement of complaints and grievances, it is agreed that there will be no strikes or lockouts, as those terms are defined by the Labour Relations Act of Ontario, instigated, endorsed or condoned by either party to the Agreement.
ARTICLE9 BULLETIN BOARDS
Section 9.01
The Company agrees to provide a Notice Board for the exclusive use of the Union to post notices of meetings and other Union business notices duly signed by the Business Representative or officer of the Union.
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ARTICLE 10
ESTABLISHMENT OF CLASSIFICATIONS
Section 10.01
Upon the establishment of a new classification not shown in the Agreement, the Company will notify the Union in writing. Such job classification and rate will be the subject of discussion between the parties prior to the Company establishing and implementing such joh and rate. Such job classification ami rate will he consistent with comparable job classifications and rates set out in the Colleclive Agreement.
ARTICLE 11
HOURS OF WORK, OVERTIME AND REST PERIODS
Section 11.01
The normal hours or work for employees will be forty (40) hours per week, but this shall not constitute a guarantee of any hours per week.
Section 11.02
Employees shall be paid overtime at the rate of time and one-half (1 l/2) their regular hourly rate for all work performed in excess of forty hours worked per week.
Should an employee be called in on his day-off, he shall not be required to forfeit another day.
Section 11.03
During a week in which a paid holiday occurs, the basic hours of work shall be reduced by one eight (8) hour day, or one (1) ten (10) hour day as applicable, for each paid holiday observed in that week.
Section 11.04
It is agreed that it is the function of the Company to determine when overtime is necessary and to schedule overtime work. The Company agrees to allocate overtime in an equitable and fair manner.
Section 11.05
There shall be two (2) fifteen (15) minute paid rest periods in each eight (8) hour shift and in each ten (10) hour shift, one taken before and the other taken after the unpaid one-half (112) hour lunch period.
If an employee is to work two (2) hours of overtime, he shall be given a fifteen (15) minute paid break at the beginning of the overtime work and each two (2) hours thereafter a further paid fifteen (15) minute rest period.
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Section 11.()6
Any work required hy the Company on a paid holiday wi11 he paid at time and one half (1 112) the employee's regular rate of pay.
Section 11.07
On call hours for MEM Techs to change to four (4) hours for Saturday and five (5) hours for Sunday.
Section 11.08
Employees to provide one phone number to the Company for all call in or overtime hours.
ARTICLE 12
CALL IN PAY, REPORTING ALLOWANCE AND INJURY/ILLNESS ON SHIFT
Section 12.01
When an employee is called in to work after leaving the plant following his regular shift and before returning to work for his regular shift, he shall be paid a minimum amount equivalent to pay for four ( 4) hours at his regular rate. The foregoing, shall not apply to employees being called in early for their next shin.
Section 12.02
When an employee reports for work at the customary time scheduled for him without being notified lo the contrary at least four (4) hours before the start of his regular shift and is assigned less than four ( 4) hours of work he shall be paid at least four ( 4) hours at his regular rate.
Section 12.03
If an employee is injured or becomes ill on the job so that he cannot complete his shift after reporting for work in.good heallh he wiii be paid for the balance of the shift.
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ARTICLE 13
VACATIONS WITH PAY
Section 13.01
Seniority (date of employmenl) shall he the date established to qualify for Vacations.
The Company will pay the employee's vacation pay in the week prior to the vacation. ln each year vacation leave will be established for all regular employees according to the following scales:
a. regular employees who have one year or more seniority- two (2) weeks at four per centum (4rJO or hours worked in the previous calendar year;
b. regular employees who have five or more years' seniority- thnx~ (3) weeks at six per centum (6(~)) or hours worked in the previous calendar year;
c. regular employees who have ten (I 0) or more years' seniority- four ( 4) weeks at eight per centum (8%) or hours worked in the previous calendar year;
d. regular employees who have twenty (20) or more years' seniority- five (5) weeks at ten per centum (1 0%) or hours worked in the previous calendar year.
e. regular employees who have thirty (30) or more years' seniority- six (6) weeks at twelve per centum ( 12%) or hours worked in the previous calendar year.
Section 13.02
It is understood that the employer's business is seasonal in nature and requires the attendance of employees during peak business cycles. As a result, allocation of vacation times if any, during such peak business cycles will be at the discretion of the employer. Vacation entitlement is to be booked by February 28th of each year. Any employee with twenty (20) or more years of service can hold two (2) weeks of vacation to be booked by September 15th of each year. Vacation entitlement not applied for shall be assigned and posted at the Company's discretion after September 151
h of each year.
Section 13.03
Employees shall have the choice of vacation period in accordm1ce with seniority subject to the Company's right to retain a sufficient number of qualified employees.
No employees shall schedule more than two (2) weeks vacation during the petiod of the l st full week of June and to the last full week of August or until the vacation schedule has been completed.
It is the Company's intention to unblock, for vacation purposes, any week following a holiday week and unblock the week preceding the Labour Day Holiday. Prior to any decision regm·ding this, the Company agrees to meet with the Steward (s) to discuss any concerns.
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Section 13.04
All vacations must he taken within the calendar year.
ARTICLE 14
PAID HOLIDAYS
Section 14.01
a) The Company will observe the following paid plant holidays:
Civic Holiday New Years' Day Good Friday Victoria Day Canada Day
Labour Day Thanksgiving Day Christmas Day Boxing Day Family Day
Two paid days to he determined by the Company after consultation with the employees.
b) In order for an employee to qualify for Statutory Holiday pay, the employee must work his regular scheduled work day immediately preceding the holiday and his regular scheduled work clay following the holiday unless absent with the prior approval of the Company.
c) If any of the said holidays should fall on a scheduled day off they will he observed either on the preceding working day, the following working day or at a later elate, mutually agreed upon.
Section 14.02
Employees on the seniority lists will receive eight (8) hours straight time pay or ten (I 0) hours straight time pay for each of such holidays.
Section 14.03
In a calendar week in which one or more plant holiday is observed, the number of days in that week which may he worked at straight time shall he reduced by the number of such holidays.
Section 14.04
When any of these holidays are observed during an employee's vacation he shall receive one (1) day's pay for each of such holidays in addition to his regular vacation payment or an additional paid day off in lieu of the holiday which should be taken upon mutual agreement between the Company and the employee.
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ARTICLE 15 LEAVE OF ABSENCE
Section 15.01
The Employer may grant leave of absence without pay to any employee for legitimate reasons. All such requests for leaves of absence and all replies to such requests must be given in writing. When such permission is granted, there shall be no loss of seniority for the time absent. The employee shall be offered the option of continued benefit coverage at the employee's costs for any leave of absence in excess of one month. The Company will notify the employee or this option.
ARTICLE 16
BEREAVEMENT PAY
Section 16.01
The Company agrees to grant a leave or absence without loss of pay to an employee for the purpose or making funeral arrangements and/or attending the funeral in the following cases: a) Five (5) calendar days leave of absence with pay for scheduled work clays for the death of a
spouse (including common law spouse) parent, grandchild or child. b) Three (3) calendar clays leave of absence with pay for scheduled work days for the death of a
·brother, sister, mother-in-law or father-in-law, grandparent, son-in-law or daughter-in-law.
Should, an employee require additional time to that identified in (a) and (b) above a leave of absence, without pay, shall be considered by the Company.
ARTICLE 17 JURY DUTY
Section 17.01
An employee who is called for jury duty or who is subpoenaed to appear in court as a witness will receive for each clay of necessary absence on that account the difference between his regular earnings for that day and the amount of the fee received from the court, provided that the employee furnishes Company with evidence of service.
ARTICLE 18 SICK LEAVE
Section 18.01
Beginning on January 1st of each calendar year, each regular employee will be credited with six (6) days in a sick bank (ten (10) hours/day for an employee on a 4xl0 hour workweek and eight (8) hours/day for an employee on a 5x8 hour workweek) to be paid at the rate of sixty-six and two thirds percent (66 2/3%) of regular hourly pay. At the end of each calendar year all unused days will be paid by January 151
h of the following year at the rate of 100% of the unused hours. Employees will also have the option to, at a mutually agreeable time, utilize their unused sick days
17
from the previous year, as time orr with pay (all such sick carry-over shall be taken or paid-out by the end or calendar year). The formula shall be the hours times the appropriate hourly nlle.
ARTICLE 19
SHIFTS AND SHIFT PREMIUMS
Section 19.01
a) There shall be no split shifts for employees.
b) Every hourly rated employee shall be paid a night shirt premium of one dollar ($1.00) for all hours worked between twelve midnight and six a.m. on any shirlthat commences at twelve midnight or later.
c) Every hourly rated employee shall be paid an afternoon shirt premium of one dollar ($1.00) for all hours worked between one p.m. and twelve midnight on any shirt that commences in the afternoon.
ARTICLE20 WEEKLY PAY DAY
Section 20.01
Employees shall receive their pay either on a weekly or bi-weekly basis. Should errors be found in an employee's pay, the Company will correct these errors and the employee will receive the adjustment no letter than the following· pay day.
ARTICLE21
HEALTH AND SAFETY
Section 21.01
The employees will co-operate in the strict observance of all safety regulations at all times. They will make full use of all safety and accident prevention devices and equipment and maintain safe working practices dming their hours of employment within the plant. It is the responsibility of the employees to observe all safety provisions and to immediately advise the Foreman, Plant Manager and Health and Safely Union Committee Member of any unsafe working conditions.
Section 21.02
The Company agrees to continue to maintain provisions for the safety of its employees in its plant during the hours of employment and to provide an accident prevention program with reference to accident hazards where the safety of an employee might be endangered. There shall be a safety committee operating according to the terms of the Ontario Occupational Health and Safety Act.
Section 21.03
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The two (2) safety committee representatives of the Union wil1 be appointed by the Union or elected by members or the Bargaining Unit. The Union shall forward a list or said members to the Company.
ARTICLE22
COPIES OF COLLECTIVE AGREEMENT
Section 22.(H
The Company agrees lo provide to each seniority employee and each new employee on allaining seniority a copy or the cnntracl.
The Union will provide the Company with the necessary copies of the Collective Agreement.
ARTICLE23
PROTECTIVE CLOTHING I UNIFORMS I TOOL ALLOWANCE
Section 23.01
Where the Company determines the necessity for safety supplies or equipment, the Company will supply at no cost lO the employees all such safety supplies and equipment.
Section 23.02
The Company will continue tn provide each employee required to wear a uniform, such a unifom1 twice a year, at no cost to the employee. Summer uniforms will he ordered on April 1st and winter uniforms will he ordered August ls1
•
Each year employees will receive:
Inside Employee 2 shirts, 2 pants or shorts, 1 vest or spring jacket if required.
Outside Employee 2 shirts, 2 pants or shorts, 1 winter jacket, 1 spring jacket, 1 vest or sweatshirt and a raincoat if required.
Section 23.03
a) The Company will, in January of each year, issue a payment in the amount of $150.00 to each seniority employee for the purchase of safety shoes. It is understood that the wearing of C.S.A. approved shoes is a condition of employment.
b) For the first year in which an employee becomes eligible for this allowance, the payment will be prorated according to the following formula. Allowance for that year divided by 12,
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multiplied by the number of months from the employee's seniority date to Dec. 31st (rounded to the nearest full month).
Section 23.04
The Company will pay up to four hundred and fifty dollars ($450.00) in year one, five hundred dollars ($500.00) in year two, and five hundred dollars ($500.00) in year three to each Fleet Mechanic for the purchase of tools for the job each calendar year. Proof of purchase will be required.
The company will supply the needed tools for employees working in the service department, and provide replacement tools for any broken or worn out personal tools pertaining to the job.
ARTICLE 24
WAGE RATES AND CLASSIFICATIONS
Section 24.01(a)
Any employee receiving a rate of pay in excess of the following rates shall be frozen at such rate until such time as the classification rate meets or exceeds their individual rate.
Warehouse
Warehouse Person
Garage
Mechanic Autobody Technician Helper-Apprentice Labourer
Service
Service Technician C Service Technician B Service Technician A Ref
Sales & Delivery Delivery Merchandiser Seasonal Delivery Merchandiser Helper
Jan.1,2017 Jan.1,2018 Jan.1,2019
22.69
25.29 23.74 22.24 22.24
23.19 23.99 24.49
25.98 21.81 20.43
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23.16
25.76 24.21 22.71 22.71
23.66 24.46 24.96
26.45 22.28 20.90
23.65
26.25 24.70 23.20 23.20
24.15 24.95 25.45
26.94 22.77 21.39
Section 24.01 (b)
New Hire Progression (for a11 new employees, hired afler date of ratification): date of Hire: 90'X~ of rate; after 12 months: 9YH of rate; afler 24 months: 100% of rate.
Probationary wage rate will be $2.00 Jess per hour than the applicable joh rate for the classification.
A $0.50 per hour Premium will he paid to the Cartage Driver when performing this work.
When a Warehouse employee works as a driver in Delivery he will be paid the Driver rate.
ARTICLE 25
HEALTH AND WELFARE AND PENSION
Section 25.01
Employees shall be entitled to the health and Welfare and Pension benefits currenlly in efTecl for employees of the Company as outlined in the PepsiCo Beverages Canada Benefits and Pension Plan.
I. Any claim for benefits is subject to the provisions of the respective policy or plan which shall govern in order to determine entitlement; and
2. The Company reserves the right to add to, alter or amend any of the benefits, in accordance with any changes to its general benefit policies or pension plan which arc applicable to locations other than Orillia.
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ARTICLE26
DURATION OF AGREEMENT
Section 26.01
This Agreement shall become effective as of January 1, 2017 and shall continue in full force and effect until December 31, 2019 inclusive.
Section 26.02
Either patty may service notice on the other patty ninety (90) clays prior to the expiry elate or this Agreement or its intention to revise, amend and negotiate a new Agreement.
Section 26.03
The Contract shall automatically continue from year to year for periods of one year should neither party serve notice as stated in Section 33.02 .
Signed this __ clay . ________ , 2017 at Orillia, Ontario.
FOR THE UNION
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LETTER OF UNDERSTANDING #1
BETWEEN
PEPSICO BEVERAGES CANADA (Herein after "the Company")
AND
TEAMSTERS LOCAL UNION 938
Re: Relocation of the Facility
The Company agrees, should the existing facility be closed and relocated to any location that is not covered by an existing bargaining relationship, other than an existing non-union facility, all terms and conditions of this Collective Agreement shall flow to the new location ancl should have full force ancl cllccl.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT.
Signed this __ day of _______ , 20 I 7 at Orillia, Ontario.
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Rc: Work Schedules
LETTER OF lJNDERSTANDING #2
BETWEEN
PEPSICO BEVERAGES CANADA (Herein afler "the Company")
AND
TJ ~/\MSTERS LOCAl, UN JON 93H n a ncr ''the u n
The Company agrees to continue the current practice, whereby employees (who arc available for work) are provided the opportunity to choose, by seniority, their workweek schcclulcs from those which arc available. lt is further undcrstooclthatthc foregoing shall not limit the Company's ability to manage its business in order to provide the highest level or service in the most eiTicient manner possible.
Biclcling or workweeks will occur in the months or April ancl October.
lN WITNESS WHEREOF, THE PARTIES HERETO Hi\ VE EXECUTED THIS AGREEMENT.
Signed this __ clay ,, .. ________ , 2017 at Orillia, Ontario.
FOR THE UNION
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Re: Ban keel Overtime
LETTER OF UNDERSTANDING #3
BETWEEN
PEPSICO BEVERAGES CANADA (Herein after "the Company")
AND
TEAMSTERS LOCAL UNION 938 11 al'Lcr ''the
The Company shall implement banked overtime with the goal to reduce the impact of layoffs during non-peak periods. With respect to banked overtime the following shall apply:
All permanent full-time employees with seniority under the Collective Agreement shall be allowed to bank to a maximum or sixty (60) hours per annum. Hours shall be banked at the overtime rate applicable when worked (i.e. time and one half).
Employees must decide at the beginning of the year whether or not they will participate in the program and can not alter this decision during the year, save and except new hires.
These hours may be taken at a mutually agreed time to both pmties during non-peak periods. Banked Lime can be carried over to the end or April or the following yem· or paid out.
Banked overtime shall not interfere with any vacation time already hooked.
fN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT.
Signed this __ clay of _______ _ FOR THE UNION
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Re: Trial Period
LETTER OF UNDERSTANDING #4
BETWEEN
PEPSICO BEVERAGES CANADA (Herein after "the Company")
AND
TEAMSTERS LOCAL UNION 938
An employee who posts into a new posiUon shall be provided a five (5) day trial period. Within that trial period, employee may decide to return to his/her former position without loss or seniority.
lN WlTNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THlS AGREEMENT.
Signed this __ clay or _______ , 2017 at Orillia, Ontario.
FOR THE UNfON
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LETTER OF UNDERSTANDING #5
BETWEEN
PEPSICO BEVERAGES CANADA (Herein afler "the Company")
AND
TEAMSTERS LOCAL UNION 938 n aner "the
Lead hands shall not have managerial authority to hire, dismiss or discipline employees, but may be assigned to direct workforce under the direction of Management. Lead hands are required to perform their normal duties. The selection of lead hands will be made by the Company. The Company agrees to discuss any problems wilh the Union should the lead hand stray from the normal duties generally assigned to lead hands.
fN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT.
Signee! this __ clay of _______ , 2017 at Orillia, Ontario.
FOR THE UNION
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