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COLLECTIVE AGREEMENT

Between

G.BRANDT MEAT PACKERS LIMITED

e 51/itEI!lB•OFP~l!l!

And

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 1oooA CtA--ow Locc.J~ roa;A')

REC;EIVED FEB 1 5 2017

Ministry of Labour

DRS- ARBlTRATION SER'{!g§

. EXPIRY DATE: March 14, 2019

9058500839

COLLECTIVE AGREEMENT

TABLE OF CONTENTS

11:15:36a.m. 02-15-2017

ARTICLE 1- PURPOSE .................................................................. 1

l\RTICLE 2- RECOGNITION ............................................................ 1

2.01 Working Foremen/Agency & Part Time Employees 2.02 MRnagement/Supervisors performing bargaining unit work 2.03 Discrimination against employees 2.04 Union activities during working hours 2.05 Working Foreman/Bargaining unit member 2.06 Joint Labour Management Committee

ARTICLE 3- SENIORITY .................................................................. 4

3.01 Seniority basis 3.02 Probationary employee 3.03 Employees to be laid~off orrecalledfrom lay-off .. 3.04 Seniority list 3.05 Seniority rights will be terminated if ... 3.06 Employee loses bargaining unit seniority 3.07 Accumulation of seniority during LOA 3.08 Temporary lay~offs 3.09 Involuntary transfer our of bargaining unit 3.1 0 Voluntary termination 3.11 Part-time employees 3.12 Laid-off employees & seniority list

ARTICLE 4- LEAVE OF ABSENCE ............................ , ......................... 7

4.01 Requesting/Granting Leave of Absence 4.02 Pregnancy/Parentalleave 4.03 Full-time union representative 4.04 Union convention/conference 4.05 Due to illness/injury

ARTICLE 5- HOURS OF WORK AND OVERTIME ................................... 9

5.0'1 StatemGnt of normal hours of work 5.02 Basic work week, shifts, meal breaks, Shipper Drivsrs,

Cancellation of shift, part-time & student employees 5.03 Payment of hours, overtime 5.04 Employee called back after completion of shift 5.05 Breaks 5.06 Afternoon shift

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ARTICLE 6- PAID HOLIDAYS ............................................................ iS

6.01 Days observed as holidays 6.02 Qualification for holiday pay 6.03 Holidays falling on Saturday/Sunday 6.04 Rate of pay for holiday 6.05 Holiday hours & overtime

ARTICLE 7- VACATIONS .................................................................. 14

7.01 Employees hired after January 151

7.02 Employees more than 1 year & less than 5 years 7.03 Employees more than 5 years & less than 12 years &

more than 12 years 7.04 Calculation of vacation pay 7.05 _Payment ofvacationpay __ 7.06 Cumulation/start of vacation 7.07 Posting of vacation schedule 7.08 Percentage accumulated for vacation 7.09 Holidays failing during vacation period 7.10 Peak vacation time/Overseas vacation

ARTICLE 8 -INSURA.NCE ................................................................. 17

8.01 Insurance coverage 8.02 EHT 8.03 Termination of benefits 8.04 The Company is not the Insurer 8.05 Negotiated benefits clause 8.06 Paid sicl< day

ARTICLE 9- WAGES ........................................................................ 19

9.01 Lump sum & annual increases 9.02 Negotiations start date 9.03 Rates 9.04 New employees paid more than start rate 9.05 Employees paid in excess of rate schedule 9.06 Employees to be pa!d weekly

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COLLECTIVE AGREEMENT

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ARTICLE 10- TEMPORARY ASSiGNMENTS .................................... 21

10.01 Temporary assignment length i 0.02 Temporary assignment to another classification 10.03 Temporary assignment to Foreman 10.04 Temporary Foreman still a member of bargaining unit 10.05 Union notification of Temporary Foreman 10.06 Temporary assignments to another classification 10.07 Part·time employees & Students

ARTICLE 11- UNION SECURITY ...................................................... 23

11.01 Membership in union I 1 .02 Union stewards & alternate i 1.03 Union representative access to plant 11.04 Union use of bulletin board_

ARTICLE i 2 -JOB POSTING ............................................................ 25

12.01 Vacancy in any job above class 1

ARTICLE 13-ADJUSTMENT OF GRIEVANCES .................................. 26

13.01 Right to lodge grievance i 3.02 Steps involved when lodging a grievance 13.03 Employee claiming wrongful dismissal 13.04 Grievance can be filed at Step 3 13.05 Time limits can be modified 13.06 Group grievance 13.07 Steps can be waived; right to withdra'-v grievance 13.08 Notices given orally or by telephone 13.09 Decisions are binding 13.10 No employee can be discharged/disciplined without cause 13:11 Union steward presence required 13.12 Warnings & reprimands- nature & length on file

l\RTICLE 14- ARBITRA-fJON ............................................................... 29

14.01 Referred to Board of Arbitration 14.02 Steps involved when using Arbitration 14.03 Compensary power of Arbitration Board 14.04 Appointment to Arbitration Board '14.05 Time limits can be extended

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ARTICLE 15- STRIKES AND LOCKOUTS ............................................. 30

15.01 No strike, slowdown of stoppage of work 15.02 Definition of strike and lockout 15.03 Company right to discipline/discharge employee

ARTICLE 16 -INTERPRETATION ......................................................... 30

16.01 Use of masculine term 16.02 Definition of employee

ARTICLE 17- RESERVATION OF MANAGEMENT RIGHTS .... ,. ................ 31

17.01 Rights, prerogatives and authority of Company 17.02 Probationary employee can be discharged

.. 17.03 Rights & powers in confict subject to grievance 17.04 Failure to exercise righfsnot abandonment cfsl.lch rights

ARTICLE 18- BEREAVEMENT LEAVE ................................................... 32

i8.01 Purpose of Bereavement Leave

ARTICLE 19- JURY DUTY .................................................................. 33

19.01 Requirement of employee to notify Company 19.02 Employee compensation while serving on jury 19.03 Payment shall not be withheld 19.04 Employee subpoenaed on behalf of Company

ARTICLE 20- GENERP.L ..................................................................... 34 20.01 Union encourages employees to uphold rules of the Company 20.02 Joint Health and Safety Committee 20.03 Employee change of address 20.04 Safety equipment and tools 20.05 Footwear 20.06 Collectiva Agreement and Human Rights Code

ARTICLE 21- CHRISTMAS BONUS ................................................... 36

ARTICLE 22- PENSION ................. , ................................................. 36

ARTICLE 23- DURATION OF AGREEMENT ........................................ 37

SCHEDULE "A" (Classifications & Rates): ............................................. 38

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PARTICIPATION AGREEMENT ..........•............................................... .42

LETTERS OF UNDERSTANDING

Cross-training ......................................... t ••• ~· ......................... •••• ,,;.45 Statutory holiday pay, ESA 2000 .................................................. 46 Accomodation due to medical precautions ............................... ..... A7 Job Rotation ............................................................................ 48 Sausagemaker .... ,, .............................................................. ....... 49 Ontario Pension Plan ............. ,. ................................... ,,. t••···· ....... 50

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Expiry De.te: March 14,2019

COLLECTIVE AGREEMENT

THIS AGREEMENT MADE AS OF THE 15th DAY OF JULY 2015

BETWEEN

G. BRANDT MEAT PACKERS LTD. (hereinafter called the "Company)

AND

UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, LOCAL 1000A

(hereinafter cal lee! the "Union")

Witnesseth and it is hereby agreed as follows:

ARTICLE 1 • PURPOSE

1.01 The purpose of this Agreement is to establish harmor.ious and mutually satisfactory relations between the Company and its employees; to pro•Jide an orderly procedure for the prompt and equitable disposition of complaints and grievances which may arise from time to time; and to ensure, to the utmost possible extent, the economy, efficiency and productivity of the operation, the quality of the work, the protection of the property and the safety and welfare of the employe:es.

ARTICLE 2 • RECOGNITION

2.01 (a) The Company recognizes the Union as the exclusive bargaining agent of all employees in the meat processing plant(s) of G. Brandt Meat Packers Ltd. in the Province of Ontario, save and except wo:i<ing foremen, persons above the rank of working foreman, office, cleric& I and sales staff, persons regularly employed for not more thnn twenty-four (24) hours per week and students employed during the school vacation period. It is agreed that during the term of this Agreement, there will not be more than six (6) working foremen.

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2.01 (b)

2.02

2.03

2.04

2.05

2.06

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The parties agree that this recognition would not extend to or include any of the retail stores of the Company.

The Company will not use Agency/Part time people to avoid overtime for Bargaining Unit employees. The Company may use Agency/Part time employees if the need for workers exceeds the current resources to meet business demands. Not withstanding the above, no Agency/Part time employee will work more hours than a full time Bargaining Unit employee in a day. Overtime will be offered to Bargaining Unit employees before using Agency/Part time employees. For the purpose of this clause it is understood that the above applies separately within the Raw Sections of the plant and the Finished Goods section.

!t is agreed that managerial and supervisory personnel will continue to perform bargaining unit work, as per the present practice. When there is a need for help from non union employees, the Union representative will be notified and such help will be kept to a minimum. The Company agrees that there will be no extension ofthe present practice and itwill not cause the Jay~ofC replacement or interruption of employment of bargaining unit members.

There shall be no discrimination, intimidation, interference, restraint, coercion or attempted coercion, practiced by or on behalf of the Company or by or on behalf of the Union with respect to any employee because of race, creed, sex, colour, national origin or because of membership or non~membership in the Union.

The Union and/or the employees covered by this agreement will not engage in Union activities, other than those permitted und~r the Collective Agreement, during working hours or hold meetings at any time, on the premises of the Company without the express permission of thtS Plant Manager or his designate.

The parties agree that in the event the Company requires a working foreman for any new department that may be opened at Brandi rv1eat Packers, they will meet prior to hiring to discuss the job functions to be performed with the understanding that these foremen will not displace any bargaining unit member nor reduce the hours of any bargaining unit member that may be working in these new departments. Following the above procedure, the Company wiil have the ability to hire t\.vo (2) working foremen during the term of this Collective Agreement.

The parties agree to the formation of a Joint Labour Management Committee to meet bi-monthly or more often as necessary to address the concerns of both the Company and the Union. The Committee will

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include two company officials and up to two union officials and three differe·nt workers to be selected from the bargaining unit for each meeting. This Committee will discuss the business as well as the concerns of both parties in a non grievance meeting format.

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. ARTICLE 3 - SENIORITY

3.01

3.02

3.03(a)

(b)

(c)

3.03(d)

Seniority for each emp!oyee is based upon the length of continuous employment with the Company in the plant, since the last date of hire.

An employee shall be considered a probationary employee, until he has worked a total of one hundred and twenty (120) days and during this period, he shall have no seniority rights. This shall be called the probationary period and shall apply to newly hired employees. However, if an employee is continued in employment after his probationary period, seniority shall commence from the commencement of such continuous employment.

It is expressly understood by both parties that during the probationary period, an employee shall be considered as being employed on a trial basis and may be discharged, at any time, at the sole discretion of the Company. The discharge of a probationary employee shall r.ot be the subject of a grievance and/or an arbitration pursuant to this Agreement.

Layoffs and recaJis of five (5) days or less will occur separately within the Raw Section, the Finished Goods and the Warehousing Distribution Centre. Layoffs and recalls of greater then five (5) days shall be an a company wide basis. ln determining which employees a.re to be laid-off and re:::alled from lay~off the Company shall consider the following factors:

(i) skill, qualifications and ability

(ii) seniority

Where the factors in (i) are relatively equal, then factor (ii) shall govern.

The Company agrees that all probationary employees shall be laid-off before employees with seniority would be laid-off, provided the employees retained are able to perform the work available in a competent manner.

Qu.alified full-time employees, or full-time employees who can qualify within 2 weE)ks, who are on lay-off, shall be given preference for' available part-time hours before part-time employees are employed.

in the event that there is lack of work within a shift, the Company will first seek volunteers to go home. In the event that there are no volunteers the Company will assign employees to available work in

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3.04

3.05

(a}

(b)

(c)

(d)

(f)

(g)

(h)

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the in such a way that the most junior employees being sent home provided those remaining have the skill, ability and qualifications to satisfactorily perform the available work. For the purpose of this Clause, it is understood that the above applies separately within the Raw Section of the plant, the Finished Goods section and the Warehousing Distribution Centre.

The Company agrees to furnish to the Union semi-annuallyr a current seniority list. Employees acquiring seniority on the same date shaH be added to the seniority list in alphabetical order.

An employee's seniority rights and employment with the Company shall be terminated under the following conditions:

he voluntarily leaves the employ of the Company;

he is discharged and not re-instated through the grievance procedure;

he is on Jay-off and fails to return to work within five (5) working days after he has been notified to do so by the Company by phone or by registered mail to his last known address or phone number on the Company records. The onus is on the employee to inform the Company of his current address and telephone number;

he is laid"off for a period of twelve (12} months;

he is absent from work for the lesser of eighteen (i 8) months or the length of the employee's seniority or such longer or shorter period e.s required by law, due to accident or illness; or becomes totally and permanently disabled. It is understood that in these circumstances, such an employee, who returns to his position, sl1all displace the most recently appointed employee to the classification in question;

he fails to report for work ~.t the expiration of a leave of absence, unless his failure to report is for reasonable cause;

he accepts gainful employment while on a leave of absence without first obtaining written consent from the Company;

he is absent from work for more than three (3) working days without reasonable cause and without having obtained a prior leave of absence, It is understood and agreed that this provision shall not be deemed to excuse absence without permission for any period of time.

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3.06 An employee who is promoted or transferred permanently to a position not covered by this Agreement shall forfeit his bargaining unit seniority.

3.07 Subject to Article 3.05 (e), the Company agrees that it will recognize the accumulation of the seniority of an employee who is absent from work due to sickness, accident, pregnancy leave, or compensation upon his return to work.

3.08 In the event of a lay-off, employees shall receive notice of lay-off or pay in lieu of notice, as set out in the current Employment Standards Act, and as much notice as possible in a temporary lay-off situation.

3.09 No employee shall be required to transfer outside the bargaining unit without his consent.

3.10 An employee who has completed his one year of service and who notifies the Company in writing of his intention to terminate his employment shall be.pe:rmitted to work for one (1) week from the date of such notice, provided his work continues to be satisfactory to the Company or the Company may choose to pay the employee a week's pay subMquent to the notice and terminate his employment. Such termination is not subject to the grievance or arbitration procedure of this Agreement.

3. i 1 It is understood and agreed that part-time employees do not have preference for full-time employment with the Company. However, a part­time employee who has been employed by the Company in excess of six (6) months, and who is subsequently hired full Ume will not be required to serve the full-time probationary period and will be given seniority credit of fifty percent (50%) of his part-time service up to a maximum of one (I) year. He will receive the greater of his pa.rt-time rate or the rate which his fuiHime seniority credit gives him and shall proceed from thar point in the full-time wage progression.

3.12 Employees on lay-off will have their names retained on the seniority list for a period of twelve (12) months for purposes of recall only.

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ARTICLE 4 ·LEAVE OF ABSENCE

4.01 (a)

(b)

(c)

4.02(a)

(b)

(c)

(d)

4.03

The Company may grant leave of absence without pay for legitimate personal reason to any employee who has completed his probationary period. All requests for such leave are to be made in writing by the employee concerned, at least four (4) weeks in advance (except in cases of emergency when the request and reply will be made, as early as possible) and shall set out the full reason for the leave of absence. The Company reply to the request will be given within two (2} weeks of the receipt of the request. When leave of absence for thirty (30) days or less is granted, there shall be no loss of seniority or benefits.

The granting of !eave of absence is at the sole discretion of the Company and will depend upon the individual circumstances in each case and the conditions existing with the Company, at the time.

Employees absent without leave of absence or employees who no not return to work at the expiry of a leave of absence are subject to discipline up to and including discharge.

Employees shall be entitled to Pregnancy and Parental Leave in accordance with the Employment Standards Act for the Province of Ontario.

The Company reserves the right to determine tha time upon which a pregnant employee shall be required to commence a leave of absence, if the duties of her position cannot be reasonably performed or if the employee's work is materially affected by the pregnancy.

An employee shail be permitted to return to work within a period of six (6) weeks after the birth of the child, if, in the written opinion of a duty qualified medical practitioner, she is able to retum to work.

An employee returning to work after maternity leave shall provide the Company with at least two (2) weeks' prior notice.

If an employee, who has comjJieted his probationary period, is appointed by the Union as a full-t'ime representative of the Union, he shall be granted a leave of absence without pay or benefits for a period not to exceed six (6) months. The Company will be given written notice thirty (30) days prior to the commencement of the leave.

If the employee desires to return to active employment with the Company during the term of such leave of absence or at the end of such leavE? of absence, he shail give the Company two (2) weeks1 notice in writing, If an

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4.04(a)

(b)

4.05

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employee does not return to active employment by the termination date of his !eave of absence, his employment will be terminated for just cause.

The Company will grant leave of absence without pay once per contract year for a period not to exceed two (2) weeks to one ("1) employee, who has completed his probationary period and who has been electad or appointed to attend a Union Convention or Conference. Such leave will not be granted for weeks in which a Statutory Holiday is observed. The Company will be given two (2) weeks' prior notice in writing of such leave and the purpose for such leave. Any employee, who does not use the leave for the purpose granted and/or does not retum to active employment at the end of the leave of absence, will be terminated for just cause, unless his failure to return is for reasonable cause.

The company may grant a leave of absence without pay, subject to the demands of the business, to the stewards, in order to attend various training programs offered by the Local Union. The Company will be given two. (2) weeks' notice in writing of such leave and the purpose for suoh leave. Any employee, who does not use the leave for the purpose granted and/or does not retum to active employment at the end of the leave of absence, will be terminated for just cause, unless his failure to return is for reasonable cause.

An employee requiring a leave of absence, due to illness or injury (whether work related or not) shall fum ish the company with evidence of such Hlness or injury and if requested by the Company, will undergo an examination by a Company appointed physician. The employee shall furnish medical evidence of disability from time to time, as requested by the Company at the expense of the Company to a maximum of fifty dollars ($50) on proof of payment to doctor. Failure or refusal to furnish such evidence or to attend for a medical examination will result in the termination of the employee's emp!oyment and seniority. Where such satisfactory evidence is provided, !eave of absence will not be denied and will not be in writing, unless the employee so requests. Subject to Article 3, seniority shall continue to accumulate and benefits will be continued. Before any employee on disability leave of abser.ce may return to war~, he must satisfy the Company that he is able to perform the work reQuired.

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ARTICLE 5 • HOURS OF WORK AND OVERTIME

5.01

5.02(a)

(b)

(c)

(d)

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

The basic work week for employees covered by this Agreement shall consist of a five (5) day, forty (40) hour week made up of five (5) days of eight (8) hours each, Monday through Friday. The Company can schedule one (1) classified maintenance person and fol!r (4) general labourers to work Saturdays at straight time. Saturdays wilf be staffed by volunteers first and the balance by reverse order of seniority. New hires, after the date of ratification will be told that they will work from Tuesday to Saturday. Those employees scheduled to work Saturdays will have Sunday and Monday off. Any additional employees required beyond these five (5) people will be paid at time and one half (i %) their normal rate of pay and will be paid in addition to their regular work week.

The day shift shall commence no earlier than 6:00 a.m. and 1end no later than 6:00p.m. The Afternoon shift shall commenco no earlier than 2:00 p.m. and end no later than 2:00 a.m. The night shift shall commence no earlier thc:m 10:00 p.m. and end no Jater than 8:00a.m. Commencement of regular shifts shall be scheduled by department and classification based on seniority unless mutually ag1·eed upon by the Company ~nd the employee. The current schedule of hours as at date. of ratification shall not be changed unless, due to sensitive products1 cross contamination, H.A.C.C.P. requiremants and physical restrictions to separate packaging requirements make it impossible tCJ m~et customer requirements in which case start times vJill onJy be changed as is necessary. Affected employees will be notified by Friday of the previous week. The incumbents doing the job now will be asked first, then the Company will ask employees in order of seniority and if there are insufficient volunteers to work, the company will schedule the junior most employee in reverse order.

With the exception of the u·npaid meal period which shall be one~half (%) hour in duration, daily hours of work shall be consecutive.

With respect to the Shipper Drivers, in the event all full"time Shipper Drivers are not required to drive, it shall be those drivers who have no seniority and then the least amount of seniority that shall remain inside unless a Shipper Driver is needed in the plant in which case a part-time driver could be assigned to deliver. All runs shall be rotated such that

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each Shipper Driver is afforded equal ~pportunity.

(f) Any employee reporting for work unless otherwise notified a minimum of two (2) hours prior to the start of his/her shift, not to report for work, and for whom no work is available, sl1all be entitled to a minimum of 1hree (3) hours at their straight time rate except when the employee:

(g)

5.03(a)

a) is prevented by events outside the control of the Company;

b) is prevented from working because of an act of God such as power failure, flood or flre; or

c) dfd not keep the Company advised of his/her current address and telephone number."

The Company agrees it shall not use part-time or student employees within a classification which any Full Time employee(s) are on reduced scheduled hours or lay-off

The Company agrees to pay employees for all hours worked in excess of or outside of the daily or weekly schedule at the rate of time and one~half (1 %) the standard rate of pay.

The Company agrees to pay employees at the rate of time and one-half (i ~)for all authorized hours in excess of forty (40) hours in a week.

Effective July 3, 1989, the Company agrees to pay employees at the rate of time and one-half (1 %) for all authorized hours worked in excess of eight (8) hours in a day.

It is recognized that the Company will require reasonable overtime work from time to time and the Union as agent of the employees agrees that the employees shalf perform such overtime work, unless the employee has a legitimate personal commitment that prevents him from performing the overtime work.

Overtime work shall be offered:

(1) To those employees who normally perform the work required.

(2) Amongst tl1ose that have sufficient ability and qualifications to perform the required work.

(3) By seniority.

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Should the factors in 2 above be reiativaly equal then 3 shall govern.

(b) Those employees who are required to work on Saturday or a paid holiday will be paid for all hours worked on such Saturday or paid holiday at time and one-half ('I %) their regular hourly rate of pay and shall be guaranteed a minirnum of three (3) hours' pay at the premium rate.

(c) Those employees who are required to work on Sunday will be paid for all hours worked on such Sunday at two (2) times their regular hourly rate of pay and shall be guaranteed a minimum of three (3) hours' pay at the premium rate.

(d) Employees shall not be given time off to avoid the application of overtime rates.

(e) In no event shall overtime or premium compensation be duplicated, pyramided or compounded.

(f) Where two (2) or more hours of daily overtime is contemplated, the Company will endeavour to notify the employees prior to the commencement of the lunch break. Where less than two (2) hours overtime is involved, everf effort will be made by the Company to give the employees as much notice as possible.

(g) An employee who commits to work weekend overtime but )cails to arrive for the designnted shift without notifying the Company prio1· to the designated start time twice within a six month period may be subject to progressive discipline.

5.04(a) Any employee oal!ed back to work after the completion of his shift will receive one and one-half (1 1'2) times his normal hourly rate, and shall be guamnteed a minimum of four (4) hours' pay at the premium rate.

(b) Any employee called in to work on a Saturday shall receive one and one-half (I %) times his standard rate of pay, and shall be guaranteed a minimum of four (4) hours' pay at the premium rate.

(c) Any employee called in to work on a Sunday or a paid holiday shall receive two (2) times his standard rate of pay from the time he leaves home until he returns home and shall be guaranteed a minimum of four (4) hours' pay at the premium rate.

5.05(a) Employees shall receive two (2) paid fifteen (15} minutes rest periods in a full shift, one in each half shift, scheduled as close to the mid-point of each half

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shift, as is reasonably possible.

(b) An employee who is required to work more than two (2) hours of overtime, following the completion of his regular shift, shaH receive a paid fifteen (i 5) minute rest period prior to the commencement of the overtime work.

5.06 The afternoon shift can commence between the hours of 3:00 pm to 4:30 pm Monday to Friday inclusive. ·

All vacancies shall be posted and awarded in accordance with Article i 2 of the Collective Agreernent.

The Employer agrees to pay a shift premium to all employees working on this shift thirty five cents (.35) per hour. It is understood the.t the premium rate of overtime shall not apply to the shift premium.

It is understood that while the employer will hire new employees to work the afternoon shift, there may also be a need for some existing experienced employees to be transferred to the afternoon shift for the purposes of training or to fill vacancies during the hiring process. Those employees who are transferred to the afternoon shift under this paragraph wi!l only be required to stay on the afternoon shift for training purposes or until the position has been filled, and shall be paid an additional premium of forty five cents (.45) per hour.

The Company agrees to give as much notice as is reasonably possible but in any event, not less than five (5) working day's notice or less if mutually agreed upon in the event of a shift change due to emergencies or to fill short term needs. In these situations the employer will first seek volunteers capable of pertorming the work and if necessary use the reverse seniority to transfer employees to cover the emergency or the short term need. In the event such shlft change will result in e. hardship case to the employee being trans~erred, a meeting will be established with the Union to discuss alternatives to deal with the hardship with may result in 1he next junior employee being transferrad to the afternoon shift.

Any Transfers as herein contemplated shall in no event exceed a per:od of greater than four (4) consecutive weeks unless mutual agreement between the employees union and comp'any is given.

An additional shop steward can be selected for this shift.

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ARTICLE 6- PAID HOLIDAYS

6.01 (a) The following days shall be observed as paid holidays for employees covered by the Agreement, who have completed their probationary period:

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

Civic Holiday Labour Day Thanksgiving Day Christmas Day

(b) In addition to the above holidays, a four (4) hour ho!iday with pay will be observed on the last four (4) hours of an employee's final regular scheduled work day immediately preceding Christmas Day and immediately preceding New Year's Day.

6.02 In order to qualify for holiday pay the employee must have worked the full scheduled work day immediately preceding artd the full scheduled work day immediately following the paid holiday, unless his absence is due to:

(i) a Company granted leave of absence for more than fourtean (14) calendar days;

(ii) a bereavement leave of absence;

(iii) jury duty;

(iv) provable illness or injury which prevented the employee from attending work.

6.03 If a holiday as listed in section 6.01 of this Article l~alls and is observed on a Saturday or Sunday, rt will be observed at the option of the Company on either the Friday preceding or the Monday following.

6.04 Employees who quality for holiday pay shall be paid eight (8) times thair regular hourly rate for each such holiday.

6.05 Employees shall receive credlt for the Statutory Holiday hours in the calculation of weekly overtime.

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ARTICLE: 1 ~VACATIONS

7.01 Employees who joined the Company after January 15\ and have been

employed for less than one (1) year shall receive a vacation, in accordance with the current Employment Standards Act.

7.02 Employees who have been employed by the Company for more than one (1) but less than five (5} years as of the anniversary data of their dats of hire, shall be entitled to two (2) weeks' vacation with pay.

7.03 Employees who have been employed by the Company for more than five (5) years but less than twelve (12) years as of the anniversary date of their date of hire, shall be entitled to three (3} weeks' vacation with pay.

Employees who have been employed by the Company for more than twelve (12) years as of the anniversary date of their date of hire, shall be entitled to four (4) weeks' vacation with pay.

7.04 Vacation pay will be calculated on each year of setvice commencing on date of hire and will be calculated on the previous year's earnings, as reported on the employee's T-4, excluding taxable benefits and vacation pay. However, 11Weekly Indemnity'' received from the Group Insurance Plan, tha Unemployment lnsuianoe or the Workplace Safety and Insurance Board will be included in earnings for the purpose of calculating vacation pay. Two (2) weeks' vacation will be calculated at four percent · (4%), three (3) weeks' vacation will be calculated at six percent (6%) and four (4} weeks' vacation shall be calculated at eight percent (8%).

7.05 Employees will receive their vacation pay the week(s) prior to their vacation.

7.06 Vacations are not cumulative, nor can they be carried over from year to year. Except by mutual agreement between the employee and the Company, all vacations will commence on Monday.

7.07 Not later than January 151h, of each year, the Company shall post on the

Bulletin Board, a suitable form requesting employees to indicate their preferred vacation dates, in accordance with their seniority. Employees must indicate their preferred vacation dates by March 15tn, failure to do so will result in loss of seniority preference in the preparation of the vacation schedule. Employees who do not inform the Company of their preferred vacation dates by June 15th, wlll have their vacation dates set by the

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Company. In scheduling vacations, the Company will consider the proper and efficient operation of the business, the employees' seniority and the!r preferred dates. The finalized vacation schedule will be posted on the Bulletin Board by the Company, not later than April 15th, and will remain posted until the last vacation has been taken.

Once the schedule is posted, changes will not be made except by the mutual agreement of the Company and the employee concerned in writing.

An employee with less than one (i) year's service, whose employment with the Company is terminated for any reason, shall receive vacation pay, in accordance with the current Employment Standards Act.

(b) An employee with more than one (1) year's service and les13 that five (5) years' service as of the anniversary date of their date of hire, whose employment with the Company is terminated for any reason other than

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_____________ theft,shallreceiv-eJour_peroent(4%)_oLbisJotal_payJoJhe_~_urr_eot_ __________ ! vacation year up to and including his date of termination. i

(c)

(d)

(e)

7.09

7.10(a)

An employee with more than five (5) yea..rs' service as of the anniversary date of their date of hire, but less than twelve (12) years' se!Vice as of the anniversary date of their date of hire; whose employment with the company is terminated for any reason other than theft shall receive six percent (6%) of his total pay in the current vacation year up to and including his date of termination.

An employee with more than twelve (i 2) years' service as of the anniversary date of their date of hire, whose employment with the Company is terminated for any reason other than theft, shall receive eight percent (8%) of his total pay in the current vacation year up to and including his date of termination.

Employees discharged for theft will receive vacation allowance, as per the Employment Standard Act.

Where a paid hcliday falls within an employee's scheduled vacation :and the employee qualifies tor holiday pay, he shall receive an additional day off with pay (8 hours pay) to be taken either immediately before or at some other time after their vacation period, as mutually agreed to by the employee and the company, once the finalized vacation schedule is posted.

The vacation period shall be from Monday June 1st or the firet Monday

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preceding June 1st, to Friday September 151h or the First Friday following September 151

\ inclusive and during this period of time employees eligible for vacation as per Article 7.02 and 7.03 shall be granted two (2) weeks' vacation. Employees entitled to three (3) or four (4) weeks' vacation shall take the third or fourth weeks' vacation outside the vacation period. The company shall be entitled to employ Part Time and/or Students up to a maximum of forty (40) hours per week.

While this is the general rule, application for extended vacation due to special events and overseas vacations will be considered during May to August and shall be subject to operational requirements. Applications will be accepted until October 15 for the coming year's vacation and will ba answered no later than November 151

h.

However, by mutual agreement between an employee and the Company, an employee may take his entire vacation, outside the vacation period.

It is recognized that the months of November and December are the busiest, most critical time for the Company and that it normally requires all its available employees at work to meet its demands. Employees may request vacation during the period from the i st Monda~ preceding November 1st to the '1st Monday following January 151 of each year. Requests for this period may be granted subject to the demands of the business. Applications for vacations during this period will be accepted until January 30 for the coming year's vacation Emd will be answered no laier than February 15.

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ARTICLE 8 • INSURANCE

8.01 The Company shall pay on behalf of all eligible regular scheduled active permanent full time employees who have completed six (6) months of service, seventy-five percent (75%) of the premium cost of the following insurance plans to be administered in accordance with the terms, conditions, rules and regulations of the respective plans:

(a) Semi-private hospital room.

(b) Extended health care will include a product selection drug card plan with a five dollar ($5) per prescription dispensing fee maximum and 1 00% drug cost reimbursement, removing any deductible and paying up front cost, up to a yearly cap maximum of $5,000 per eligible member.

{c) Life Insurance with AD & Din the amount of twenty thousand dollars ($20,000).

(d) Weekly Indemnity Plan based on 1-3-26. Payment shall ba 66-2/3% of an employee's weekly earnings up to the maximum Er benefits. No amount shall be payable under this benefit during the 3rd to 1 ih week period whether or not the employee is eligible for the Employme11t Insurance Act.

(e) The employee shall pay twenty-five percent (25%) of the premium costs of the aforementioned plans.

(f) Vision Care. Upon presentation of a receipt, the Company shall issue a separate cheque contributing up to a maximum of two hundred dollars ($200.00) per 24 month period tor prescription glasses per family member.

(g) United Food and Commercial Workers Trusteed Dental Fund {Ontario).

Effective July 25, 2015, the Employer agrees to contribute ,4'1 cen!s per hour to the U.F.C.W. Trusteed Dental Fund (Ontario)- ("Dental Fund") for all houm paid up to a maximum of forty (40) hours per week to bargaining unit employees. Hours paid shall not include Weekly Indemnity payments.

The Emp!oyer agrees to sign the "Participation Agreement" as prepared by the Trustees of the Fund and supply· or sigr: any other documents, forms, reports or information required by the Trustees of the Dental Fund and shall forward all contributions together wlth a list of the employees and the number of hours worked by each employee in each reporting psrlod within (15) fifteen

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days of the end of the month for which contributions are due.

(h) Non bargaining unit employees will be withdrawn from the U.F.C.W. Trusteed Dental Fund.

8.02 The Company shall pay on behalf of all regularly scheduled active permanent full~time employees who complete their probationary period, one hundred percent (1 00%) of the premium cost of E.H.T.

8.03 All benefits shall terminate the first of the second month following the commencement of a lay-off or leave of absence other than pregnancy leave.

8.04 The parties agree that the Company is not the Insurer.

8.05 It is understood and agreed that in assessing the expense required for these negotiated employee benefits outlined within this Article, the parties have taken into account any and all savings on premium that may be realized during the period of this agreement and the Employment Insurance Act or any other Government legislated plan and the full employee's portion of any savings resulting from this assessment are included as part of the negotiated wage increases and improved benefits contained in this Collective Agreement.

8.06 Effective March 3, 2013 the Company will provide one paid sick day per contract year to all full time, non probationary employees. To qualify fot· reimbursement the employee must be ill and supply a doctor's note at the expense of the employee for the day absent.

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ARTICLE 9 ~WAGES

9.01 Effective the first Monday following the date of ratification the Company shall pay to all employees on the Company payroll a general increase of twenty~ five (25) cents per hour plus a two hundred (200) dollar lump sum payment less statutory deductions, representing retroactive pay.

Effective March 14, 2016 the Company shall pay to all employees on the Company payroll a general increase of thirty (30) cents per hour.

Effective March 13, 2017 the Company shall pay to all employees on the Company payroll as of date of ratification a general increase of thirty (30) cents per hour.

Effective March 12, 2018 the Company shall pay to all employees on the Company payroll as of date of ratification a genarc:.l increase of thirty {30) cents per hour.

All general increases shall only be applied to all steps in the progression scale.

The rate of pay for the classification of Sausage Maker shall be frozen for the term of the agreement.

All emplc>yees being paid in excess of the top rate in any of the progression scales shall have their rate of pay "red circledll •.mtil such time as the progression rate provides an increase to the base hourly rate of ps.y. In lieu of a general increase such emp!oyse shail receive a lump sum payment as follows:

Effective on ratification the Company shall pay to all over scala employees on the Company payroll as of date of ratifi~ation a lump sum payment of five hundred (500) dollars less statutory deductions.

Effec:tive March 14, 2016 the Company shall pay to all over scale employees on the Company payroll as of date of ratification a lump sum payment of six hundred (600) dollars less statutory deductions.

Effective March 13, 2017 the Company shall pay to all over scale

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employees on the Company payroll as of date of ratification a lump sum payment of six hundred (600) dollars less statutory deductions.

Effective March 12, 2018 the Company shall pay to all over scale employees on the Company payroll as of date of ratification a lump sum payment of six hundred (600) dollars less statutory deductions.

9.02 The parties agree that negotiations will commence within forty five (45) days of the expiry of this Collective Agreement.

9.03 The parties agree that the rates as set forth in Schedule 'W' attached hereto, shall be paid to the employees covered by this Agreement.

9.04 When the Company pays a new employee more than the starting rate in his classification, such employee shall (for the purpose of wage progression only), receive semi-annual increases, in accordance with the wage schedule and be deemed to have the appropriate service.

9.05 No wage currently enjoyed by an employee which is in excess of the rates set out in the wage schedule herein for his ciassification, shan be reduced during the lifetime of the Agreement. Any general wage increase granted by the Company shall be granted to such employees, despite the fact that they are enjoying wages in excess of these rates set out in the wage schedule for their classification. However, such "off rates" will not continue it the employee is promoted to a higher or demoted to a lower classification and in such case, the employee would be paid according to the schedule.

9.06 Effective 5 October 2015, Employees will be paid bi-weekly on Friday for ali work performed up to and including the previous two week period.

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ARTICLE 10 ·TEMPORARY ASSIGNMENTS

10.01 No temporary assignment shall exceed two (2} months without the mutual consent between the Union and the Company and such consent shall be in writing,

1 0.02 When an employee is temporarily assigned to petiorm the duties of a higher rated classification for a period in excess of two (2) hours, he shall receive, for all hours worked in the higher rated classification, payment at the rate within the progression based on years of service.

10,03 When an employee is temporarily assigned to perform the duties of a Foreman, he shall receive a rate of pay that is five percent (5%) higher · than his regular rate of pay for all hours worked while performing the Foreman's duties.

10.04 When an employee is temporarily assigned to a Foreman's position, he shall continue to be a member of the bargaining unit and be covered by the terms of this Agreement.

10.05 The Union will be notified when an employee is temporarily assi~ned to perform the duties of a Foreman.

10.06 (a) Temporary assignments outside the employee's classification are voluntary and shall be made in accordance with seniority. In determining which employees within a classification are to be given temporary assignments to a higher classification the company shall consider the following factors;

1. Skill, ability, qualification, efficienay, physical fitness and experience;

2. Seniority.

Where the factors in one (1) are relatively equal then two (2) shall govern. Should there be no volunteers, then the most junior qualified employee shall be assignad to such assignment.

(b) In determining which employees within a classification are to be temporarily assigned to a lower rated classification, such assignment shaH be voluntary and by seniority. Should there be no volunteers, then the most qualified junior employee(s) as per (a) part 1 above shall, be assigned to such assignment.

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(c) The company shall post on the bulletin board, Thursday mornings of the previous week a sign up sheet for employees in the general help classification. Employees in the general help classification who wish to be considered for temporary assignments into the order plc!<er classification shall place their name on such posting. The company agrees in the event that, an employee is to be temporarily assignsd from the general help classification into the order picker classification, such temporary assignment shall be awarded to the most senior employea(s) who signed the posting for that week. Subject to the qualifications of (a) above.

10.07 No Part~Time employee or Student shall be assigned Part" Time work above general help classification prior to a Full Time employee who has the skill, ability, qualifications, efficiency, physical fitness and experience having first beer. given the opportunity to accept such assignment. The un!on will be notified of these assignments.

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ARTICLE 11 - UNION SECURITY

11.01 (a)

(b)

(c)

The Company agrees that all employees within the scope of the bargaining unit who are members of the Union, on the date of ratification, will remain members of the Union during the term of the Agreement~ as a condition of employment.

(i) The Company agrees that all new employees hired within the scope of the bargaining unit following the date of ratification, shall become and remain members of the Union during the term of this Agreement, as a condition of employment.

(ii) The Company shall require new employees to make application for membership in the Union, at the time of their hiring. Upon completion of their probationary period, the Company shall collect the Union membership initiation fees, as established by the Union and forward same with the membership application form to the Union Office with the Union dues each month.

(i) The Company agrees to deduct the weekly Union dues from the wage of each employee on each pay day of each month a.r.d to f01ward the amount so deducted to the Secretary-Treasurer of the Union no later than the i 51

h of the following month and shall at the same time, submit a list of employees' names, Indicating the amount deducted from each one.

(ii) The Union shall inform the Company in writing over the signature of the Secretary-Treasurer of the Local of the amount of Union Initiation Fees and dues authorized, in accordance with the Constitution and By"laws of the Union.

(d) The Company agrees to include on each employee's T-4 form, the amount of Union Dues and Initiation Fees ccllected from the employee for the year reported,

(e) The Company agrees to forNard to the Union Office semi-annually with the Seniority List, a complete alphabetical listing of all employees, including their home address, starting date, social insurance number and work department. The Company willlnform the Union monthly of any

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11.02(a)

(b)

(c)

(d)

1 i .03

i 1.04(a)

(b)

11:19:51 a.m. 02-15-2017

changes in home address of which it is aware.

The Company acknowledges the right of the Union to select five (5) stewards, with one (1) representative from each of RAW, Finished Goods, Bethridge, Afternoon Shift and one alternate steward. All five (5) stewards shall have been on the Company payroll continuously for a period of twelve (12) months, immediately prior to their selection.

The Union shall no1ify the Company in writing of the names of the Stewards. The Company shall not be required to recognize the Steward, until such notification from the Union has been received.

The Union acknowledges that the Stewards have regular duties to perform on behalf of the Company, therefore, no Steward shall leave his work to investigate or process any grievance without the consent of the Plant Manager or his designate. It is understood that the taking of such time away from regular duties shall be kept to a minimum ar.d that permission, therefore, will not be unreasonably withheld. The Steward shall return to his regular duties, as expeditiously as possible.

The Company will recognize three (3) Union members to meet with the Company to negotiate the renewal of this Agreement.

The authorized representative of the Union, after obtaining the consent, which shall not be unreasonably withheld, of the Plant f·Jianger or his designate shall be permitted to enter the plant covered by this agreement for the purpose of observing the performance of this agreement and interviewing employees regarding complaints or grievances. Such visits and interviews will be timed to cause ae little disruption as possible to the normal operation of the plant and such representatives will, at ali times, comply with Company rules and regulations regarding the operation of the Plant.

The Union shall have the use of a. bulletin board in the Company's premises for the purpose of posting notices relating the Union's legitimate business. Such notices must be approved by the Plant Manager or his designate, prior to their being posted and such approval shall not be unreasonably withheld.

There shall be no distribution or posting by employees or the Union of pamphletss advertising, political matters, cards, notices or any other kind of literature, upon the Company's property or upon the Company's time, unless the prior approval of the Plant Manager is obtained and such

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approval will not be unreasonably withheld.

ARTICLE 12 ·JOB POSTING

i2.01 (a) When a vacancy occurs in any job above class i which is likely to remain open for a period in excess of two (2) months (or such longer period as the parties may mutually agree) and which the Company wishes to fill, notices of such vacancy shall be posted within eighteen (i 8) working days of the vacancy arising and shail remain posted for five (5) working days on the bulletin board. The Company shall provide the Union with a copy of each vacancy posted. All notices posted shall identify the vacant job a.nd the wage classification into which it falls. The rate of pay for the job shall be determined from the schedule of wages attached hereto. Employees may apply for the vacancy prior to the end of the fifth (51

h) day of posting, in writing and setting out their seniority.

When an employee ls interested in a general labour position that is in a different area of the plant then such employee shall notify the Company of such interest. The Company will consider such requests using the same criteria as set out in this article.

(b) In filling such vacancy, the Company will consider:

(i) skills, ability, qualifications and experience;

(ii) seniority.

Where, in the opinion of the Company, two (2) or more employees are relatively equally qualified under item (i) above to competently perform the functions of the vacancy to be filled, then preference will be given to item (ii), seniority. Where, in the opinion of the Company, no prasent employee is immediately capable of performing the functions of the vacancy in a competent manner, the Company is under no obligation to fill the vacancy from within the bargaining unit and is therefore free to fill the vacancy by any means It may choose. The company is committed to promote from within and will promote and train the senior applicant when feasible.

(c) The Company shall within five (5) working days after notice has been posted for five (5) working days, post on the same bulletin board, the name and length of service of the successful applicant.

(d) if an employee believes that the Company has not given proper

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consideration to his ability to perform the functions of the vacancy in a competent manner, he may file a grievance in accordance with the grievance procedure.

ARTICLE 13 N ADJUSTMENT OF GRIEVANCES

13.01 (a) Either the Company, the Union or any employee, other than a probationary employee regarding his discharge, has a right to lodge a grievance with .respect to any matter arising out of this Agreement or concerning the interpretation, appiication or alleged violation of this · Agreement.

(b) Grievances filed by the Union shall be restricted to Policy Grievances. A Policy Grievance is defined as an alleged violation of thls Agreement concerning the Union as such or all, or a substantia! number of employees in the bargaining unit.

13.02 It is the mutual desire of the parties hereto that complaints of the employees shall be adjusted as quickly as possible, without stoppage of work. It is understood that an employee may present an oral complaint, at any time, without recourse to the grievance procedure herein. Any employee, other than a probationary employee regarding his discharge, believing that he has been dealt with contrary to the provisions of this Agreement shall have the right to lodge a grievance in the following manner:

STEP ONE

The employee concerned, with the assistance of the Union Steward if so desired, shall verbally inform and discuss with the Plant Manager, his complaint within five {5) working days after the event giving rise to th~ complaint first occurred or originated or the employee reasonably ought to have known of the event The Plant Manager shall give an oral decision within five (5) working days from the date the discussion took place. If the employee wishes to appeal to the next step, the grievance shall be reduced to writing (on a form supplied by the Union) setting out the t1ature of the grievance and the relief or remedy sought and fi!ed with the Plant manager within five (5) working days of the oral decision of the Plant Manager.

STEP TWO

Between the employee concerned, the Union Representative, the Plant

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Manager and/or their delegates. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Company at this Step shall be in writing and be made within seven (7) working days of the date of the meeting. Should the employee wish to appeals such notice of appeal must be filed in writing with the Head Office of the Company within one (1) week of the decision of the Company at Step Two.

STEP THREE

The grievance shall be forwarded to the Head Office of the Company, which shall have two (2) weeks to dispose of the grievance. The disposition shall be in writing and returned to the employee concerned and to the Union Office. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meetir.g.

13.03 (a) An employee, other than a probationary employe~. claiming that he has been discharged from employment without cause, shall file CJ. signed, dated, written statement of such grievance setting out the nature of the grievance and the specific remedy sought at Step Three of the Grievance Procedure, providing such grievance is lodged with thf.3 general manager or his designate within five (5) working days of the discharge.

(b) The discharge of a probationary employee shall not be the subject of a grievance and/or an arbitration pursuant to this Agreement

13.04 The Company or the Union may file grievances commencing at Step Three. If en Arbitration Board finds that the Company or the Union has violated the Collective Agreement, it shall have the power to award compensation to the Company or the Union or any empfoyee affected by the violation.

i 3.05 The time limits as prescribed above may be modified by mutual agreement in writing by the parties.

13.06 Any grievance involving a group of employees shall be filed at Step Three.

13.07 Any step of the Grievance Procedure rnay be waived by mutual agreement in writing between the Company and the Union. A griever shall have the right to withdraw his grievar.ce at any stage of the grievance or Arbitration procedure without prejudice.

13.08 Notices required to be in writing shall be deemed to be properly given if

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13.10

13.11

13.12(a)

(b)

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given orally or by telephone and confirmed by letter post-marked no later than the final day for giving notice. Sunday and Paid Holidays shall not be considered in the calculation of time limits, as outlined in this Article.

Decisions arrived at between the Company, the employee and the Union on the disposition of any specific employee, Union or Company grievance shall be final and binding upon the Company, the Union and the employee or employees concerned.

With the exception of probationary employees, no employee shall be discharged or disciplined, except for just cause. The Union agrees to cooperate in an endeavour to correct inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the Company's decision or by reinstating the discharged or suspended employee with full compensation for time lest, less interim earnings, if applicable, or by any other arrangement which is just and equitable 1n the opinion of the parties or of a Board of Arbitration if the matter is referred to it. The Company agrees that any matter which is the subject of a written grievance shall not be discussed with the griever without the presence of a Union Steward.

The Company agrees that whenever a disciplinarf interview is held with an employee, who has completed his probationary period regarding his job performance or conduct which becomes part of his record, th6 Union Steward shall be present at such interview. If the Union Steward is not at work or otherwise not available at the time of the interview, the Alternate Steward will attend or in his absence, another member of the bargaining unit at work and available of the employee's choice, shall attend as the Steward's alternative. The Steward, or his alternate, shall sign a form if requested to do so by the Company acknowledging his attendance at such meeting.

. Except ln regard to probationa1y employees, all disciplinary warnings or reprimnnds which are placed in an employee's record and all notices of demotion for cause, discharge or suspension, shall be in writing and shall contain the reason for the warning 1 reprimand, suspension or discharge. One copy shall be given to the employee and one copy shall be given to the Union Office, within fourteen (14) days of the incident giving rise thereto.

Disciplinary verbal and written warnings will be removed from an employee's file fifteen (15) months from the date it was issued and suspansions will be removed from an employees file fifteen (15)

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months from the date it was issued.

ARTICLE 14 ·ARBITRATION

14.01 Both parties to this Agreement agree that a properly constituted grievance which has been properly carried through all the requisite steps of the Grievance Procedure outlined in Article 13 and which has not been settled or abandoned, may be referred to a Soard of Arbitration, at the written request of either of the parties hereto.

14.02 Should the grievance invoive the misinterpretation or alleged violation of the Agreement, either party may be free to appeal to Arbitration from step Three within three {3) weeks from the date the decision was given at that Step. The party requesting Arbitration shall advise the other party in writing of its request, together with a statement as to the issue to be arbitrated and shall include in its notice, the name and address of its nominee to a Board of Arbitration. The other party shall within two (2) weeks of its receipt of the notice nominate its member to the Board of Arbitration and so advise the other party. If the two nominees are unable to agree upon 1he choice of a third member to act as chairman, within two (2) weeks, either party may request the Minister of Labour for the Province of Ontario to appoint a Chairman. The Board shall hear the dispute and the decision of a majority is the decision of the Arbitration Board but if there is no majority, the decision of the Chairman governs and shall be final and binding upon the parties.

The Board of Arbitrat1on shall not have any jurisdiction to a!ter, amend, add to or modify any of the provisions of this Agreement, nor to substitute any new provisions in lieu thereof, nor to make any decisions inconsistent with the terms and provisions of the Agreement. Each of the parties hereto will bear the expenses of the nominee appointed by it and will share equally the expenses of the Chairman of the Board of Arbitration. The parties may mutually agree that a single Arbitrator shall be appointed ln the place of a BoA.rd of Arbitration. In tha event that the parties agree on a single Arbitrator, the Arbitrator shall have the same powers as a Board of Arbitration under this Agreement.

14.03 The parties agree that an Arbitration Board shall have the power to award compensation to any party who~ or amployee who, is dealt with contrary to the provisions of this Agreement

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14.04 No persons may be appointed as an Arbitrator who has been involved in any attempt to negotiate or settle the grievance.

14.05 Time limits fixed in this Article may be extended by mutual agreement in writing between the Company and the Union.

ARTICLE 15 -STRIKES AND LOCKOUTS

15.01(a)

(b)

15.02

15.03

In vi ow of the orderly procedures established by this Agreement for the settling cf disputes and the handling of grievances, the Union agrees that during the life of this Agreement, there will be no strike, slowdown or stoppage of work.

The Company agrees that there will be no lockout of employses during· the life of this Agreement.

'

The words "strike" and "lockout" shall be defined as in The Labour Relations Act.

The Company shall have the right to discharge or otherwise discipline employees, who take part in or instigate any i!legal strike, stoppage or slowdown but a claim of unjust discharge or treatment may be the subject of a grievance and dealt with as provided in Articles i 3 ai1d 14.

ARTICLE 16 -INTERPRETATION

16.01 Where a masculine term is used, it shall be deemed to mean feminine and vice versa,

I 6.02 In this Agreement, the word "employee" or "employees" sha!l mean only persons included in the bargaining unit as set out in Article 2.01.

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ARTICLE 17 w RESERVATION OF MANAGEMENT RIGHTS

17.01

(a)

(b)

(c)

17.02

17.03

The Union agrees that all rights, prerogatives and authority the Company had prior to signing this first Agreement are retained by the Company, except those specifically abridged, delegated, granted or modified by this or any supplementary Agreements the.t may be made in the future and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Company to:

maintain order, discipline and efficiency and in connection therewith; to make, alter and enforce from time to time, reasonable rules and regulations, pollcies and practices to be observed by its employe;es and to discipline or discharge employees for just cause;

select, hire, transfer, assign to shifts, direct the work force, promote, demote, clas:;;ify, lay-off, recall or retire employees, in accordance with the provisions of the Collective agreement and select employees for positions excluded from the bargaining unit;

ope1·ate and manage the business in a!l respects in accordance with the Company's commitments, obligations and responsibilities, including the methods, tools, work procedures, sub~contracting of work, quaiiiy and quantity standards, kinds and locations of equipment and machinery to be used at any time, selection and use of materials required by the Company; determine job content, establishment of work or job assignmants, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; require employees to have medical examinations and decide the number and type of employee needed by the Company, at any time.

An employee who has not completed his probationary period may be discharged without cause and at the sole discretion of the Company and such action by the Company is not subjec! to the Grievance a.nd Arbitration Articles of this Agreement.

The Company agrees that any exercise of these rights and powers in conflict with any of the provisions of this Agreement shali be subject to the provisions of the grievance procedure as set out in this Agreement.

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i 7.04 FaiiL!re to exercise any of its management rights at anytime shall not be considered to be an abandonment of such rights.

ARTICLE 18 -13EREAVEMENTLEAVE

. 18.01 (a) "The purpose of Bereavement is to allow Employee(s) leave from work for the purpose of dealing with issues arising from the loss of family members listed in part {b)a11d (c) of this article"

(b) Should a death occur in an employee's immediate family {parent, parent­in-law, spouse, child, brother, sister), the employee shall be granted up to a maximum of three (3) consecutive calendar days, commencing on or after the day of the death. In the event that an employee requires a different bereavement accommodation, such employee shall first obtain consent from the company, and such consent shall not be unreasonably denied. The employee shall be paid for scheduled work days failing within this period or other period so granted. Such employee shall notify the company as soon as possible.

{c) Should a death occur in an employee's or their spouse's grandparent, brotherwinwlaw, sister·in~law, or grandchild, the employee shall be granted up to a maximum of two (2) consecutive calendar days, commencing on or after the day of the death. In the event that an employee requires a different bereavement accommodation, such employee shall first obtain consent from the company, and such consent shall not be unreasonably denied. The employee shall be pa!d for scheduled wor'K days falling within this period or other period so granted. Such employee shall notify the company as soon as possible.

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ARTICLE 19 "JURY DUTY

19.01 An employee required to report for jury duty must notify the Company immediately, upon receipt of such notice.

i 9.02 An employee, who has completed his probationary period and is required to serve on a jury shall be compensated for days e.ctually spent on jury duty when he would otherwise have been at work. He shall raceive the difference between h!s jUJy fees and his normal day's pay for that time he would have been regularly employed had he not been salVing on the jurf. The employee shall be required to report immediately upon being excused or released from jury duty when such reporting is reasonable under the circumstances.

19.03 The claim of an employee shall be verified by presentation of his jury duty cheque, however, no payment shall be made for any hour for which the employee received compensation by the Company for any other reason. Payment shall not be withheld pending submission of the jury duty cheque.

19.04 Any employee subpoenaed to attend as a witness on behalf of the Company shall be entitled to the difference between his witness fee and his normal day's pay.

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,ARTIClE 20 - GENERAL

20.01 The Union agrees that it will encoura.ge its members to uphold the rules and regulations of the Company in regard to punctual and steady attendance, proper and sufficient notification in case of absence and conduct on the job.

20.02(a)

The Union recognizes that safety is imperative to the welfare of the Company and as such will support compliance to the Company's commitment to comply with all Food Safety Regulations.

A Joint Health and Safety Committee shail be formed in the plant with two (2) employees appointed by the Union. The names of the members of this Committee shall be posted on the Bulletin Board.

This Committee shall meet monthly or more frequently, if necessary, This Committee shall be set up and operated at the Company's expense.

(b) The Union accepts the responsib!lity of supporting the Company in its recommendation to the Health and Safety Committee, if these recommendations are beneficial to the employees.

(c) The Health and Safety Committee shall:

(i) Make recommendations to the Company and the employees to promote industrial safety, health and hygiene;

(ii) Study the monthly accident reports and make recommendations;

(iii) Make recommendations concerning training, and information programs;

(iv) Make periodic inspections of the premises;

(v) Prepare a report of every meeting and inspection, copies of which are available at all times to interested parties;

(vi) Receive copies of accident reports on the events causing the accident; the Committee shall make recommendations.

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9058500839

(d)

20.03

20.04(a)

(b)

(c)

(d)

(e)

20.05

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~35~

The Company must see to it that the Committee is notified within a period oftwenty~four (24) hours of each work accident, provided the employee has so informed the Employer.

It is the responsibility of each employee to notify the Company on a form supplied by the Company of any change in his home address, telephone number, marital status and number of dependents. Failure to keep the Company informed of the above matters will relieve the Company of any responsibility for failure to comply with any part of this Agreement, where such information is necessary to comply, until such time as the required information has been supplied. ·

The Company will supply and pay the cost of all safety equipment and tools required to be used by all employees.

The Company will supply: six (6) pair of 11freezer" gloves, four (4} 11freezer" coats, rubber aprons, and ear covers for the sausage kitchen.

The Company will supply an insulated vest to each employee who request one. Such vests remain the property of the company and are to remain on Company property, Each employee is responsible for his vest and will be required to reimburse the Company for such vest, if it is lost or damaged due to the employee's negligence.

The Company agrees to provide drivers with jackets to be worn while making deliveries.

The Company agrees to provide gloves, which are appropriate for the task, to employees that may require them for personal protection provided they are approved by Agriculture Canada regulation.

The Company requires the wearing of safety footwear on or off the Company premises during all working hours.

Upon presentation of receipt(s), the Company shall issue a separate cheque contributing up to a maximum of one~hundred dollars ($i 00.00) in each twelve (12) month period towards the purchase of approved safety footwear by an employee.

All probationary employees must purchase approved safety footwear and shall be reimbursed in accordance with the above policy upon successful completion of the probationary period.

20.06 The parties and affected employees agree that they have obligations under the Workers Safety and Insurance Act and the Humar. Rights Code. The Company shall notify the Union of any meeting requiring an accommodation or where an accommodation is being offered to an employee in which a meeting is hot necessal)'. Where the obligation of

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the Company and the Union to accommodate an employee via the Human Rights Code may conflict with the terms and provisions of the Collective Agreement, the Company and the Union may, by mutual consent, modify the Collective Agreement to meet the conditions of the accommodation of the employee.

ARTICLE 21 ·CHRISTMAS BONUS

All empioyees will receive a one hundred and flfty ($150.00) bonus issued on a separate payroll cheque. This bonus will be issued in the second (2"d) week of December. ·

ARTICLE 22 - PENSION

Commencing December 3, 2007, the Company wiff contribute twelve cents ($0.12) per hour for all hours worked and paid to a maximum of eighteen dollars ($18.00) per month to a personal R.R.S.P. for all employees with five {5) or more years of service. The Company monies will be accumulated and paid out in January of the following year. Employees may volunteer to contribute additional money of their own to their R.R.S.P.

The company wHI only contr!bute to employees who have completed and returned the appropriate RRSP application within 30 calendar days of issue. In the event an employes fails to complete the RRSP application within the 30 calendar days1 thsn the company will only be required to contribute to the RRSP as of the day in which the application was received"

Commencing January 7, 2002 all employees will retire on their sixty-fifth (65) birthday. ·

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ARTICLE 23 .. DURATION OF AGREEMENT

23.0"1 This Agreement shall become effective on the date of ratification, and shall ;amain in effect until the March 14, 2019 and from year to year thereafter, until terminated or amended as hereinafter provided.

23.02 If either party desires to terminate or amend this Agreement, it shall give to the other party not more than ninety (90) days and not less than thirty (30) days notice in writing of such intention, prior to the date of expiration. Any proposed amendments will be exchanged at least thirty (30) days

prior to the termination date. If such notice is not given, this Agreement shall continue in force from year to yearthereafter, until te1minated or amended as set out above.

Dated this 15th day of July 2015

G. Brandt Meat Packers Ltd.

Brigitte Brandt-Welzel Peter D'Uva Charlie Saldutto

opeiu-343 0019-03

United Food and Commercial Workers International Union, Local1 OOOA

Dustin Mages Sheldon Pemberton Terry O'Handley Roman Teleoh

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CLASSIFICATIONS

Effective: JuJy27. 2015

Group Classification ~ Gmos. 12 mos. 18 mos. 24 mos.

1. General Help 16.50 16.76 17.03 17.30 17.56

. 2. Order Pickers - 6 17.03 17.30 17.56 H.82 18.09

Porter- 1 17.03 17.30 17.56 17.82 18.09

Maintenance Helper (2) 17.03 17.30 17.56 '17.82 18.09

Forklift/Reach Operator (2) 17.08 17.13 17.61 17.87 18.14

3. Stuffer Operator- 3 17.23 17.50 17.76 18.02 18.29

Grinder/Mixer Operator- 1 17.23 17.50 17.76 18.02 18.29

Receiver- 1 17.28 "17.33 17.81 18.07 18.34

Smokehouse Operator- 1 17.28 17.33 17.81 '18.07 18.34

4. Shippers/Drivers - 0 17.56 17.94 18.33 18.70 19.10

5. Boner/Trimmer- 5 18.09 18.62 19.15 19.68 20.22

6. Maintenance - 1 19.15 19.60 20.22 20.74 21.27

7. Sausage Maker- 1 18.37 18.89 19.42 20.49 21.54

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8. General Help 14.35 15.09 15.63 16.57 17.56 (New Hires after December 4, 1995)

CLASSIFICATIONS

Effective: March 14, 2016

Group Classification Start 6 mos. 12 mos. 18 mos. 24 mos.

1 . General Help 16.80 17.06 17.33 17.60 17.86

2. Order Pickers ~ 6 !7.33 17.60 17.86 18.12 '18.39

Porter-1 17.33 17.60 17.86 18.12 18.39

Maintenance HEllper (2) 17.33 17.60 17.86 18.12 18.39

Forklift/Reach Operator (2) 17.38 17.43 17.91 18.17 18.44

3. Stuffer Operator- 3 17.53 17.80 18.06 18.32 18.59

Grinder/Mixer Operator - 1 17.53 17.80 18.06 18.32 18.59

Receiver- 1 17.58 17.63 18.1 1 18.37 18.64

Smokehouse Operator- 1 17.58 '17.63 18.1 1 18.37 18.64

4. Shippers/Drivers - 0 17.86 18.24 18.63 19.00 19.40

5. Boner/Trimmer- 5 18.39 18.92 19.45 19.98 20.52

6. Maintenance - i 19.45 19.90 20.52 21.04 21.57

7. Sausage Maker- 1 '18.37 18.89 19.42 20.49 21.54

9058500839

8. Genera! Help (New Hires after December 4, 1995)

CLASSIFICATIONS

Effective: March 13. 2017

Group Classification

1 . General Help

2. Order Pickers - 6

Porter- 1

Maintenance Helper (2)

Forklift/Reach Operator (2)

3. Stuffer Operator- 3

Grinder/Mixer Operator- 1

Receiver- 1

Smokehouse Operator - 1

4. Shippers/Drivers- 0

5. Boner/Trimmer- 5

6. Maintenance - 1

7. Sausage Maker- 1

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14.65 15.39 15.93 16.87 17.86

Start 6mos. 12 mos. 18 mos. 24 mos.

17.10 17.36 17.63 17.90 18.'16

17.63 ·17.90 18.'16 18.42 i8.69

17.63 17.90 18.16 18.42 18.69

17.63 17.90 18.16 18.42 18.69

17.68 17.73 18.21 18.47 18.74

17.83 18.10 18.36 18.62 18.89

17.83 18.10 18.36 18.62 18.89

17.88 '17.93 18.41 18.67 18.94

17.88 17.93 18.41 18.67 18.94

18.16 18.54 '18.93 19.30 i9.70

18.69 19.22 19.75 20.28 20.82

19.75 20.20 20.82 21.34 21.87

18.37 18.89 19.42 20.49 21.54

9058500839

8. General Help (New Hires after December 4, 1995)

CLASSIFICATIONS

Effective: March 12,2018

Group Classificatio.,n

1. General Help

2. Order Pickers ~ 6

Porter- 1

Maintenance Helper (2)

Forklift/Reach Operator (2)

3. Stuffer Operator - 3

Grinder/Mixer Operator- 1

Receiver- 1

Smokehouse Operator - 1

4. Shippers/Drivers ~ 0

· 5. Boner/Trimmer - 5

6. Maintenance - 1

7. Sausage Maker~ 1

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14.95 '15.69 16.23 17.17 18.16

Start 6 mos. 12 mos. '18 mos. 24 mos.

17.40 i7.66 17.93 18.20 18.46

17.93 18.20 18.46 . 18.72 18.99

17.93 18.20 18.46 18.72 18.99

17.93 18.20 18.46 18.72 18.99

17.98 18.03 18.51 i8.77 19.04

18.13 18.40 18.66 . 18.92 19.19

18.13 18.40 18.66 18.92 19.19

18.18 18.23 18.71 18.97 •!9.24

"!8.18 18.23 18.71 18.97 19.24

18.46 18.84 19.23 19.60 20.00

18.99 19.52 20.05 20.58 21.12

20.05 20.50 21.12 21.64 22.17

18.37 18.89 19.42 20.49 21.54

9058500839

8. General Help (New Hires after December 4, 1995)

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15.25 15.99 16.53

PARTICIPATION AGREEMENT

11:22:28 a.m. 02-15-2017

17.47 18.46

THIS AGREEMENT made as of the 15th day of July 2015

BETWEEN:

AND:

UNITED FOOD AND COMMERCIAL WORKERS TRUSTEED DENTAL FUND~ ONTARIO ("the FUND) (hereinafter referred to as the "Trustees")

OF THE FIRST PART

·G. BRANDT MEAT PACKERS LIMITED (hereinafter referred to as the "Employer'')

OF THE SECOND PART

WHEREAS the Trustees are duly appointed pursuant to an Agreement and Declaration of Trust dated the 25th day of September, 1975, and made between Canada Safeway Limited, Dominion Stores Limited and Hiway Market Limited of the first part and United Food and Commercial Workers Local 206, chartered by the United Food and Commercial Workers International Union of the second part (hereinafter referred to as the "Agreement and Declaration of Trust") to administer a trust fund for the purposes of providing dental benefits for members of the United Food and Commercial Workers Trusteed Denta! Plan- Ontario (hereinafter referred to as the "Plan~>) and their families and dependents, created pursuant to the said Agreement and Declaration of Trust;

AND WHEREAS the Employer and United Food and Commercial Workers Local 1 OOOA have entared into a Collective Agreement effective from date of ratification

until March 14, 20191 subject to a renewal provision stated therein, as amended, (hereinafter referred to as the 11Collective Agreement") which Collective Agreement provides for the payment of contributions to the Fund for certain employees of the Employer;

AND WHEREAS the Employer and United Food and Commercial Workers Local i OOOA both deem it expedient for those employees of the Employer who are covered

by the Collective Agreement to participate in the Plan;

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AND WHEREAS Section 19 (1) (b) of the Agreement and Declaration of Trust allows employees covered by any collective agreement between an employer and the Union to participate in the Fund if there is a separate participation agreement in effect between the employer and the Trustees;

AND WHEREAS the Trustees have prepared the Participation Agreement.

NOW THEREFORE the parties hereto covenant and agree as follows AND THIS AGREEMENT WITHNESSETH THAT:

1. The Employer agrees to observe, be bound by and comply with both the Trust Agreement dated September 251

h, 1975 establishing the United Food and Commercial Workers Trusteed Dental Fund- Ontario as the same rnay be amended from time to time and such rules and regulations as may be estabfished from time to time by the trustees of the United Food and Commercia.! Workers Trusteed Dental Fund·· Ontario.

2. The Employer agrees to fulfill the duties and obligations of an Employer insofar as they may be applicable under and pursuant to the Agreement and Declaration of Trust with respect to those employees who are covered by the Collective Agreement.

3. The Trustees agree that the participation of the Employer in the Plan shall become effective on _________ _

4. The Trustees agree that employees covered by the Collective Agreement shall first become eligible for benefits on December 1, ·1 992.

5. The Employer agrees that employees of the Employer who are covered by the Collective Agreement shall be eligible for benefits in accordance with such requirements which the Trustees may, from time to time, decide is appropriate.

6. The Employer hereby authorizes the Trustees on its behalf to make all decisions and sign all documents which may be necessary in the establishment and administration of the Plan.

7. This Agreement may be cancelled by the Trustees if the Employer fails to make contributions or fails to fulfill the terms and conditions of this Agreement.

8. The Trustees agree that this Participation Agreement shall apply to employees affected by any enlargement in the scope of the Collective Agreement.

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IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized respective officers.

Witness:

President

Secretary

G. BRA.NDT MEAT PACKERS LIMITED

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LETTER OF UNDERSTANDING

Re: Cross-training

The Company recognizes the benefits of cross-training its workforce and as such, employees who indicate their desire to receive training on other jobs within the facility will, by seniority, be given the opportunity to be trained, as is reasonably possible.

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LETTER OF UNDERSTANDING

Re: Statutory Holiday Pay, ESA 2000

The parties agree that if at the end of the calendar year or at the time of termination of employment, an employee has received less holiday pay (and premium pay for vvorking on a holiday) under the Collective Agreement than the employee would have received under Part X of the Employment Standards Act, 2000, the employee is entitled to be paid the shortfall.

For the Union

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LETTER OF UNDERSTANDING

The company commits to work with employees on an individual basis for a poiential accommodation to those employees who may have medical precautions, temporary in nature, which result from other than work related incidents.

For the Union

off~ . ~/CJE> -

Fo;z;;; D

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LEITER OF UNDERSTANDING

RE: JOB ROTATION

The Company agrees to rotate all employees on all lines 1Nithin the packaging department subject to accommodation as per the Human Rights Code.

~· For the Union

·~~ ~ t/i1C?'1 I~

For the Company

~

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LETTER OF UNDERSTANDING

RE: Sausag~ Maker

This letter is to confirm our discussion and understanding that the Sausage Maker classification rate under schedule "A" will not be adjusted during the term of the collective agreement.

The current sausage maker Nelson Sebastiao will receive all increases listed in Article 9 of this memorandum of agreement.

Ms. Brigitte Brandt-Welzel Vice President

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Letter of Understanding

Re: Ontario Pension Plan

In the event that the proposed Ontario Pension Plan comes into law and is in full force and effect during the term of this collective agreement, the parties agree that any Company Contribl!tions to the Group RRSP may be replaced by the new legislated payment, or alternatively, redirected into a different pension program that would qualify as an exception from the provincial plan. The decis!on to participate in the provincial plan or replace the Group RRSP would be at the Company's sole discretion provided that the Company contribution 's the same or greater than the Company contribution in the current plan.

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