Collective Agreement. Between. United Steelworkers Local CanWel Building Materials Division Brampton. And. February 1, 2016 to January 31, 2021

Transcription

1 Collective Agreement Between CanWel Building Materials Division Brampton And United Steelworkers Local February 1, 2016 to January 31, 2021

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3 TABLE OF CONTENTS Article 1 : PREAMBLE.. 3 Article 2 : SCOPE... 4 Article 3 : RECOGNITION. 5 Article 4 : MANAGEMENT RIGHTS Article 5 : UNION SECURITY... 7 Article 6 : UNION COMMITTEES Article 7 : LEAVE OF ABSENCE Article 8 : GRIEVANCE PROCEDURE. 10 Article 9 : ARBITRATION. 12 Article 10 : HOURS OF WORK. 13 Article 11 : OVERTIME/SHIFT PREMIUM/MEALS/CONDITIONS 14 Article 12 : STATUTORY HOLIDAYS. 15 Article 13 : VACATIONS 16 Article 14 : SENIORITY Article 15 : JOB POSTING Article 16 : BULLITEN BOARDS.. 23 Article 17 : SAFETY AND HEALTH. 24 Article 18 : MINIMUM RECOMPENSE Article 19 : TEMPORARY TRANSFERS Article 20 : PROMOTIONS. 27 Article 21 : JURY AND CROWN WITNESS DUTY. 28 Article 22 : BEREAVEMENT LEAVE Article 23 : HEALTH BENEFITS Article 24 : NOTICES. 32 Article 25 : DURATION OF AGREEMENT.. 33 Article 26 : PENSION PLAN Article 27 : CLASSIFICATION AND HOURLY WAGES.. 35 Article 28 : PERMANENT CLOSURE.. 36 Article 29 : PART TIME EMPLOYEES Appendix A : RE - VACATION RESCHEDULING...39 Appendix G : RE - NEW HIRES SHIFT Appendix H : RE- SHIFT ROTATION

4 THIS AGREEMENT made the 1st day of February, BETWEEN: CanWel Building Materials Division - Brampton (hereinafter called "The Company") -and. United Steelworkers LOCAL (hereinafter called "The Union") ARTICLE 1 PREAMBLE 1:01 The purpose of this Agreement is to secure for the Company, the Union and the employees, the full benefits of orderly and legal collective bargaining, and to ensure to the fullest extent the safety and physical welfare of the employees, economy of operation, quality and quantity of output. It is recognized by this Agreement to be the duty of the Company and the Union and the employees to cooperate fully, individually and collectively, for the advancement of said conditions. 1:02 The Company and the Union agree to abide by the terms set out in this Agreement. The Union agrees that it will at all times instruct its members and the Company agrees that it will at all times instruct its supervisory staff to act in accordance with the terms contained in this Agreement

5 ARTICLE 2 SCOPE 2:01 This agreement shall apply to all employees outlined in the bargaining unit defined in the Certification issued by the Ontario Labor Relations Board on the 1st day of February, 1961: "All save and except supervisors, employees above the rank of supervisor, security guards, and office and sales staff." - 4 -

6 ARTICLE 3 RECOGNITION 3:01 The Company recognizes the Union as the sole collective bargaining agency for all employees of the Company in the bargaining unit above defined. 3:02 No employee outside the bargaining unit shall regularly perform work normally done by employees in the bargaining unit. However, an employee who is not within the bargaining unit may perform such work where an emergency arises and he/she may also perform any work for the purpose of investigation inspection experiment, information, or instruction as may be necessary in the discharge of their duties. 3:03 While this Agreement is in effect, neither the Union nor any employee shall take part in or call or encourage any strike, sit-down, slow-down or any suspension of work against the Company nor shall the Company engage in any lock-out of any of its employees

7 ARTICLE 4 MANAGEMENT RIGHTS 4:01 The Union acknowledges that it is the exclusive function of the Company to: a) Generally to manage the industrial enterprise in which the Company is engaged, and without restricting the generality of the foregoing, to determine the number and location of CSCs, the products to be manufactured, methods of manufacturing, schedule of production, kinds and locations of machines and tools to be used, processes of manufacturing and assembling, the engineering and designing of its products and the control of material and the parts to be incorporated in the products produced. b) Maintain order, discipline and efficiency. Hire, retire, classify, direct, promote, demote, transfer, discipline, suspend and discharge employees and to increase and to decrease working forces, provided that a claim that an employee with seniority has been unjustly treated in respect to any of the actions described in these paragraphs may become the subject of a grievance and be dealt with as hereinafter provided

8 ARTICLE 5 UNION SECURITY 5:01 It is agreed by the parties that employees who were members of the Union on January 31, 1974, will continue their membership as a condition of continued employment with the Company. It is further agreed that effective February 1, 1974, all newly hired employees shall join the Union as a condition of continued employment. 5:02 It is understood that no meetings of the Union or its members will be held at any time on the premises of the Company without the permission of the Company During the term of this Agreement the Company will deduct from the pay of all employees who have worked thirty (30) days for the Company an amount equivalent to initiation fee and the monthly Union Dues as set out by the local by-laws as advised in writing by the Secretary Treasurer of the Union. The total of all such monies deducted by the Company shall be remitted to the Financial Secretary of the local Union within fifteen (15) days after such deductions are made. The Company will at the time of making each remittance supply a list to the Union showing the name of each employee from whose pay such deductions have been made

9 ARTICLE 6 UNION COMMITTEES 6:01 The Company shall recognize a Union Grievance Committee which shall consist of not more than four ( 4) employees elected or appointed by the Union. Not more than one (1) employee shall be selected from any one supervisor area. The Union committee shall meet the Company at such times as are mutually agreed upon by the parties at the request of either party. 6:02 Members of the Union Grievance Committee will be permitted to leave their regular Company duties to attend a meeting of the Grievance Committee with the Company which has been mutually agreed upon and in such cases there shall be no deduction from earnings for absence from Company duties for all hours which fall within the employees' normal schedule of work. 6:03 The Company agrees to recognize three (3) stewards for the purpose of handling grievances, but whose duty may require from time to time their acting on the Union Grievance Committee The number of steward may be adjusted by mutual consent, but no more than one (1) shall be selected from any one supervisor area. 6:04 It is understood that the Union Steward have their regular work to perform on behalf of the Company. If it is necessary for a Steward to service a grievance during working hours, they shall not leave their work without first obtaining the permission of their supervisor. If requested, the employee shall give a reasonable explanation why they deem such action is necessary. When resuming their regular work, they shall again report to their supervisor. Should it be necessary for the Steward in the performance of their duties to contact the Steward or an employee in another department, he/she must also secure the permission of the supervisor of such department before doing so. It is understood that such permission will not be unreasonably withheld. 6:05 The Company will recognize a negotiating committee composed of not more than the following: president, 1 unit chair, and 2 elected employee representatives. The Company and the Union agree that it is desirable from the point of view of both parties that not more than one (1) shall be from any one supervisor area, and where feasible selection will be on that basis. Employees who are members of the Negotiating Committee shall be paid straight time for that part of their regularly scheduled working hours devoted to attendance at meetings for the purpose of negotiating new or revised collective agreements. 6:06 The Union will, within fifteen (15) days from the date of this Agreement, notify the Company in writing of the names of the Stewards and Union Committees. The Union will inform the Company in writing within ten (1 0) days when any change takes place in the Stewards and/or Union Committees. No Steward or member of a Union Committee will be recognized by the Company unless the above procedure is carried out. 6:07 Company Representative. - The Company will within 15 days from the date of this agreement, notify the Union in writing of the names of Supervisors and HR contact. The Company will inform the Union in writing, within ten (1 0) days of any change in the above

10 ARTICLE 7 LEAVE OF ABSENCE 7:01 Employees are required to report to the Company as soon as possible any injury or illness which requires their absence. 7:02 Any employee desiring a leave of absence of short duration must obtain permission from the Company as soon as possible, but not less than one day prior to such leave unless the reason for the leave cannot reasonably be foreseen. Such leave will not be considered for the purpose of taking employment elsewhere and will be without pay. Subject to efficient CSC operation the Company will undertake all possible effort to accommodate any employee requesting a leave of absence, and such leave will not be unreasonably withheld. 7:03 Any employee desiring leave of absence which is longer than one week, must obtain permission in writing from the Company, at least four (4) weeks prior to the date requested, unless the reason for the leave cannot reasonably be foreseen. Such leave will not be considered for the purpose of taking employment elsewhere, and will be without pay. Subject to efficient CSC operation the Company will undertake all possible effort to accommodate any employee requesting a leave of absence and such leave will not be unreasonably withheld. In any case, notification will be provided to the employee not later than one (1) week after receipt by the Company of such request for such leave of absence. 7:04 Leave of absence without pay will be granted to employees (normally not more than one (1) at any one time) for the purpose of attending to official Union business. Subject to efficient CSC operation, however, additional representatives may be granted leave at the same time. Such leave of absence shall not exceed two (2) weeks for any one (1) employee in a calendar year unless permission is obtained from the Company. The request for such leave of absence shall be made in writing at least two (2) weeks prior to the date requested. It is understood that such leave of absence without pay will not be unreasonably withheld from any employee selected. In any case notification will be provided to the Union not later than one (1) week after receipt by the Company of request for such leave of absence

11 ARTICLE 8 GRIEVANCE PROCEDURE 8:01 Should any difference arise between the Company and any of the employees, concerning matters for which the Union is the collective bargaining agent, an earnest effort shall be made to settle such differences without undue delay in the following manner: STEP 1 - The aggrieved employee involved and his/her Shop Steward shall first take up the matter with the supervisor directly in charge of the work and all possible efforts be made to settle the differences that may arise. STEP 2 - The aggrieved employee and his/her Shop Steward shall present the matter to their immediate supervisor in writing, on forms made out in triplicate, of which one (1) copy is presented to the Company, one (1) to the Union, and the other retained by the employee. A written decision shall be reached within two (2) working days of receiving the complaint. STEP 3 - If a satisfactory settlement is not then reached, the Shop Steward and local Union Chairman, together with the aggrieved employee shall present the matter to a senior supervisor as designated by the Company. A written decision shall be reached within two (2) working days. STEP 4 - If a satisfactory settlement is not then reached, the matter shall be referred to the Union which shall take the problem up with the General Manager or his designated representative at a meeting arranged mutually between the Union Grievance Committee and the Company. At this meeting, Regional and/or Company Representatives clay be present. A decision shall be rendered within three (3) working days. STEP 5 - If a satisfactory settlement of the grievance is not then reached, it may then be dealt with by Arbitration as set forth in Article 9 of this Agreement. Such Arbitration proceedings must be commenced by the aggrieved party within thirty (30) days after the completion of Step 3 above unless an extension is mutually agreed upon by both parties. 8:02 No grievance will be considered by the Company unless it is lodged with the Company within five (5) working days of the occurrence giving rise to the grievance. 8:03 In the event that any grievance is not advanced by the Union from Step 1 or from Step 2 or from Step 3 within five ( 5) working days, each from the date of the reply of the designated Company representative, the said grievance shall be deemed to have been settled on the basis of the reply of that designated Company representative

12 8:04 i) Any employee who has acquired seniority standing and has been the Company shall have the right, upon his request and without pay, to submit the circumstances to the local chairman for a reasonable period of time before leaving the premises permission by the Company shall not be unreasonably withheld. ii) Any employee who has acquired seniority standing, and who has been discharged unjustly and is reinstated without the matter having been dealt with by Arbitration, shall be reinstated in his former position with retroactive pay from the time of their dismissal or may be reinstated under such other conditions as may be mutually agreed upon by the Company and the Union. 8:05 It is understood that the Management may at any time request a meeting with the Union Grievance Committee or Negotiating Committee within the terms of the Collective Agreement, and that, if such complaint by the Management is not settled to the mutual satisfaction of the conferring parties, it may be treated as a grievance and referred to Arbitration in the same way and to the same extent as the grievance of an employee. 8:06 A sunset clause for similar infraction will be implemented February 1, Any discipline will be removed from the employee's file if no reoccurrence occurs within eighteen (18) months

13 ARTICLE 9 ARBITRATION 9.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting any Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to Arbitration and the notice shall contain the name of the arbitrator The costs and expenses of an arbitrator shall be borne as to one-half thereof by the Union and as to one-half thereof by the Company and any other costs and expenses of or in connection with any such Arbitration shall be borne by the party which incurs the same The Company and the Union agree that the decision of the arbitrator shall bind the Company and the Union and any employee or employees affected No Arbitrator shall alter, add to, subtract from, modify or amend any part of this Agreement. The decision of the Arbitrator may include a direction to the parties to do or abstain from doing anything necessary or appropriate to give effect to the true intent and meaning of the decision In any case arising out of any form of discipline or the loss of any remuneration, benefit or privilege the Arbitrator shall have the full power to direct that the penalty or loss complained of shall be confirmed, varied, amended, rescinded or repaid either in whole or in part but, except as foresaid, the Arbitrator shall have no power to award costs or damages to either party

14 Article 10 HOURS OF WORK 10:01 a) The Company agrees that employees can make a request to management to switch shifts. Approval will be based upon the two employees having comparable skills and ability. b) Both parties of this Agreement are committed to maintain the principles of a basic work week of forty (40) hours, but agree that additional time may be worked to permit operation maintenance, or protection of the site when paid for as per the overtime provisions of Article 11 herein. c) The guiding principles for determining the Basic Work Week in the application of alternate shifting are as follows: i. Work Week will average forty (40) hours. ii. Employees will be paid for their regular scheduled day for Statutory holidays, bereavement leave and jury duty. iii. Where the Statutory holiday falls outside of the normal work schedule, the employee will be paid eight (8) hours in addition to the normal work. iv. Statutory Holiday will not reduce the work week hours. 10:02 The Company does not guarantee to provide work for any employee for regularly assigned hours, or for any other hours. 10:03 The Company undertakes to advise the Union five (5) working days in advance of any change in the hours of work which the Company expects will apply for a period exceeding two (2) weeks, before such a change becomes effective. 10:05 Each employee shall be granted rest periods of fifteen (15) minutes duration in the first half, and fifteen (15) minutes duration in the second half of each full scheduled shift. When an employee is required to work ten (10) hours or more and the additional hours are before the regular scheduled shift he/she shall be granted an extra ten (10) minutes paid rest period. The times of such rest periods will be at the discretion of the Company and will not be permitted to interfere with the operation of the Company in any way

15 Article 11 OVERTIME/SHIFT PREMIUMS/MEALS/CONDITIONS 11:01 An employee shall be paid at the rate of time and one-half for work performed in excess of his current eight hour or 10 hour regular scheduled shifts on a daily basis, and for any work performed on a Saturday. 11:02 Any other provision notwithstanding, an employee shall not be paid at the rate of time and one-half for overtime worked if such overtime work is performed by special arrangement for, with, or between employees who may wish to change or exchange working hours. Such arrangements must be approved by the Company. 11:03 A premium of $0.40 per hours will be paid for any hours of regularly scheduled second or third shift. 11:04 The Company shall endeavor to give advance notice by the end of each shift for overtime requirements for the following day. Where a sixth shift overtime is planned the Company will endeavor to provide advance notice of requirements by the close of business on the fourth shift, but in any event will do so by 11:30 am of the fifth shift. Employees are expected to co-operate with the Company in the performance of a reasonable amount of overtime. The Company will make every effort to distribute necessary overtime work on an equitable voluntary basis. However, if the necessary volunteers cannot be found to do the work, overtime will be scheduled by the Company on as equitable basis as possible. 11:05 The seventh day of work shall be paid at double the established rate regardless of the shift configuration. 11:06 Following full application of the above procedure regarding the distribution of overtime on a voluntary basis, any employee assigned to work overtime and who has been given the required notice must do so unless he has a satisfactory reason for not working. The Company agrees that when the required advance notice has not been given, an employee will not be subject to disciplinary action for refusing to work overtime. 11:07 If overtime work in the CSC exceeds two (2) hours, and has not been scheduled by advance notice, as defined in 11:06 above, employees required to work overtime in excess of two (2) hours shall be provided a meal allowance to a value of $ Employee(s) required to work more than two (2) hours overtime beyond their regular shift will receive a fifteen (15) minute break at a time to be arranged between the employee(s) and his supervisor. 11:08 Employees will be off the clock for eleven (11) consecutive hours between shifts as per the labor standards act

16 ARTICLE 12 STATUTORY HOLIDAYS 12:01 The following holidays will be recognized: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labor Day, Thanksgiving Day, Christmas Day, one day before Christmas, Boxing Day, one day before New Year's. 12:02 Regardless of the day on which the holiday falls, the Company will pay employees for the day or in its discretion may designate another day to be observed in lieu thereof provided such employees have acquired seniority standing and have worked their last regularly scheduled shift immediately preceding and their first regularly scheduled shift immediately following the holiday. Each eligible employee will be paid at their straight time rate for the number of hours in a normal work day of the week preceding that in which the holiday falls. If an employee is absent on their first scheduled shift after a holiday or the first scheduled shift preceding the holiday, they will provide a medical certificate in order to be paid for the stat. 12:03 Regular scheduled shift for an employee who is on authorized leave of absence, sickness, accident or lay-off shall be their last scheduled shift before the holiday(s) and the first scheduled shift after the holiday(s) providing their last scheduled shift is no more than thirty (30) calendar days prior to the holiday(s) and their first scheduled shift is no more than thirty (30) calendar days after the holiday(s). 12:04 Any employee who is required to work on a day that is recognized by the Company as a holiday shall receive pay at two (2) times his/her regular straight time rate for any hours worked on such holiday in addition to any holiday pay which he/she may otherwise be entitled to receive. 12:05 a) Personal Floating Holiday Regular full-time employees will be granted one Personal Floating Holiday during each contract year of the Collective Agreement, to be arranged at a time suitable to the employee and the Company, so that there will be no loss of production. b) Qualifying Conditions When the Personal Floating Holiday is taken, an employee shall be paid for the said holiday at his/her regular straight time job rate of pay for their regular work schedule. An employee shall be paid for the said holiday at his/her regular straight time rate of pay for eight (8) hours. The above paragraphs are subject to the following conditions: 1) A new employee must have been on the payroll for not less than 90 consecutive calendar days to qualify for the Personal Floating Holiday. 2) An employee will not qualify for the Personal Floating Holiday if on Leave of Absence for more than six (6) months in the Contract Year, except in the case of sickness or injury

17 ARTICLE 13 VACATIONS 13:01 For the purpose of calculating vacation pay, the vacation year shall be from January 1 to December 31 inclusive. 13:02 Employees who have completed one (1) or more years of continuous service with the Company shall be entitled to a two (2) week vacation with pay equal to 4% of their gross earnings during the previous vacation year. When the one (1) year of service is completed after December 31, the second week of vacation for that year will not be granted until after the one (1) year is completed. 13:03 Employees who have completed four ( 4) or more years of continuous service with the Company shall be entitled to a three (3) week vacation with pay equal to 6% of their gross earnings during the previous vacation year. When the four (4) years of service is completed after December 31, the third week of vacation for that year will not be granted until after the four (4) years are completed. In no case will more than three (3) weeks be granted during the summer season. 13:04 Employees who have completed ten (10) or more years of continuous service with the Company shall be entitled to a four (4) week vacation with pay equal to 8% of their gross earnings during the previous vacation year. When the ten (10) years of service is completed after December 31st, the fourth week of vacation for that year will not be granted until after the ten (10) years are completed. 13:05 Employees who have completed seventeen (17) or more years of continuous service with the Company shall be entitled to a five (5) week vacation with pay equal to 10% of their gross earnings during the previous vacation year. When the seventeen (17) years of service is completed after December 31st, the fifth week of vacation for that year will not be granted until after the seventeen (17) years are completed Employees who have completed twenty-four (24) or more years of continuous service with the Company shall be entitled to a six (6) week vacation with pay equal to 12% of their gross earnings during the previous vacation year. When the twenty-four (24) years of service is completed after December 31st, the sixth week of vacation for that year will not be granted until after the twenty-four (24) years are completed. 13:07 Vacation pay will be issued once per year on a regular pay cheque, which is received by the employee in January

18 13:08 Employees who terminate before completing one year of service will receive 4% of their gross earnings calculated from the preceding January 1 to the date of termination. 13:09 Employees who achieve one (1), four (4), ten (10), seventeen (17) and twenty-four (24) years of service in the next calendar year will receive vacation pay for the previous year calculated at the rate applicable to that previous year. The additional 2% applicable to the anniversary year will be paid on the pay period prior to the employee's anniversary date. 2% vacation pay payable on anniversary date based on prior 1 year's gross Earnings E.g. April 2007 anniversary date= ($42,000 x 2%) = $840 January 2008 vacation pay= ($42,840 x 6%) = $ :10 a) Seniority or length of service with the Company will entitle an employee to preference for vacation from June 15th to September 15th. b) Employees who desire any definite vacation period shall so notify the Company in writing before March 31 on a form supplied by the Company. Choice of such definite vacation period shall go to the senior employee among those applying, if all those applying cannot be released at the same time. Vacation periods shall not be permitted to interfere with CSC operations. Final vacation lists will be posted by April 8th in each year. c) A tentative vacation schedule will be posted by March 31 of each year. Employees will have until April 7 to contest the posting. The Vacation will be finalized and posted April 8 after which time it cannot be contested. d) Two employees per shift (shift being defined as either days afternoons or nights regardless of start time or work week (example the 4 x10 shift at present is considered afternoons) will be able to take vacation at the same time provided there is enough part time labor to cover the absenteeism. 13:11 When the factors described in 13:10 are relatively equal between or among employees who wish to take a summer vacation, preference will be awarded to employees who applied but were unable to take a summer vacation in the prior year. 13:12 If the day of observance of a holiday falls within the period of approved vacation of an employee, he shall be paid for such holiday, and be given a day additional in lieu thereof

19 13:13 All vacations up to two (2) weeks to which employees are entitled under the terms of this Agreement shall be taken. Vacation entitlement in excess of two (2) weeks may by mutual consent of the Company and the employee be waived provided the Company pays the appropriate vacation pay for such period in addition to regular wages for time worked The Company agrees to pay all employees through direct deposit banking, on a biweekly basis. All Union members will sign the appropriate forms to authorize the Company to implement bi-weekly direct deposits

20 ARTICLE 14 SENIORITY 14:01 Notwithstanding anything to the contrary contained in this Agreement all employees are hired on probation; the probationary period to continue for ninety (90) days of actual work within any period of twelve (12) months. Upon completion of the probationary period an employee shall be entitled to seniority rights dating from the day on which they entered the Company's employ. 14:02 Seniority shall be on a CSC-wide basis. 14:03 The Company agrees to maintain a seniority list. The seniority list shall be revised quarterly and three (3) copies thereof shall be forwarded to the Union. The Company acknowledges the right of the Union to question the accuracy of seniority lists in the event that an error is suspected. 14:04 In all cases of decrease or increase of the working forces governed by this Agreement, the following factors will govern: i) Length of continuous service. ii) Qualifications such as skill, competence and ability to do the work. Where the Qualifications in factor (ii) are relatively equal, factor (i) shall govern. If employees are retained or recalled out of seniority order, the Company will discuss the matter with the Union Committee, and where there is a disagreement the matter shall be subject to the grievance procedure. 14:05 During a reduction of forces where an employee's seniority is such that he/she will not be able to keep their regular job, he/she may elect to apply their seniority to obtain a job paying a higher rate if he/she has previously held the job in the operation on a regular basis or is competent to do the job. 14:06 During a reduction of forces where an employee's seniority is such that he/she will not be able to keep their regular job, he/she may elect whether or not to apply their seniority to obtain a lower paid job or a job paying the same rate of pay or accept a layoff until their regular job becomes available. Where an employee elects a layoff and later wishes to return to work and so notifies the Company, he/she shall be called back to work as soon as their seniority entitles them to a job, however, the application of this provision shall not result in an employee, in the exercise of their rights, bumping an employee with less seniority. 14:07 In cases of short term layoffs which do not exceed three consecutive working days, the Union agrees that the Company will not be obliged to follow the seniority rules. The Company agrees that it will not be applied more than once in a six (6) month period to any employee. This clause applies to emergency situations only

21 14:08 An employee with seniority shall accumulate and maintain seniority only under the following conditions: i) During periods of continuous employment with the Company. ii) Retention during lay-off. It is agreed between the parties that seniority during lay-offs shall be retained on the following basis: a) Employees with less than six (6) month's service shall retain their seniority for a period of six (6) months. b) Employees with six (6) or more month's service but less than one (1) year's service shall retain their seniority for six (6) month plus one (1) additional month for each month's service up to an additional six (6) month (maximum 12 months). c) Employees with one (1) or more years of service shall retain their seniority for one (1) year, plus one (1) additional month for each year of service, up to an additional twelve (12) months provided such employee has not failed to report for work upon being recalled to the Company by notice to their last address on file with the Company. iii) During leave of absence granted by the Company up to a maximum of twenty-four (24) months for legitimate reasons including illness, accident or to transact personal or Union business. 14:09 Any employee shall lose their seniority standing if he/she voluntarily quits employment with the Company, if he/she is discharged for just and sufficient cause and not reinstated or if he/she is absent from work for three (3) consecutive days without notifying the Company of the reason for the absence. 14:10 Any employee who fails to report for work within five (5) working days after being notified to do so by registered mail to their last address on file with the Company, shall lose their seniority, unless he/she can prove to the Company that they were prevented from reporting by an authenticated sickness or other legitimate cause. 14: 11 In case of employees to be laid off, the Company will give five (5) working days of advance notice to the said employees and the Union whenever possible

22 14: 12 The selection of employees for supervisory positions or for any position not subject to the provisions of this Agreement shall be entirely a matter for Company decision. When any employee is so appointed and later returned to the bargaining unit, the seniority which he/she had acquired prior to such appointment shall be retained for one year from the time he/she assumed the supervisory position. Service for the time employed outside the bargaining unit shall not apply. Where a regular supervisor is on an extended leave of absence, the Company may appoint a Relief Supervisor. During this period, not to exceed six months, the appointed employee will continue to accumulate seniority within the bargaining unit. On his/her return to the bargaining unit, the employee will pay union dues for the period during which he/she was a Relief Supervisor. The Relief Supervisor will not execute discipline. 14:13 In cases of CSC layoffs, it is understood that duly elected or appointed local Union Officers and Stewards will be granted preferential seniority in the application of seniority to layoff rights provided they can satisfactorily perform the normal requirements of the available work. Such preference will be used only when the Officer or Steward is not qualified by their own seniority to avoid layoff. The local Union Officers and Stewards, in order to qualify for preferential seniority will be those who have acquired at least one (1) year's seniority standing, and whose election or appointment has been ratified at a properly constituted membership meeting - the agenda for which has been posted in advance. 14:14 Nothing contained in this Article shall in any way limit or prejudice the provisions of Article 4 of this Agreement. 14:15 When an Employee has been given prior notice of layoff and such employee requests a letter of reference (or confirmation of employment), the letter will not mention the layoff but will confirm his/her dates of employment end rates of pay

23 ARTICLE 15 JOB POSTING 15:01 In the event new jobs are created or vacancies in permanent jobs occur, the Company will post such new jobs or vacancies for a period of three (3) working days in order to allow employees with seniority to apply. Applications will not be considered if received after three (3) working days from date and time of posting. 15:02 In the event that two (2) or more employees apply, the Company in its selection will be governed by the qualifications of the applicants, such as skill, ability and physical fitness. When a new or permanent job vacancy is posted, a junior employee who performed that job on a temporary transfer basis will not have preference over the senior applicant only because he/she has previously performed the job on a temporary basis and the senior applicant has not previously performed the job. 15:03 In the event that additional vacancies arise in the same classification within a period of fifteen (15) working days from the original posting, the Company will not be required to post such additional vacancies, provided there was more than one applicant for the original posting. The Company reserves the right to fill the vacancy by selecting from applicants for the original posting. 15:04 Where the qualifications of the applicants are approximately equal, seniority shall govern. Any employee selected under this provision will be given a reasonable opportunity to demonstrate their ability on the job. If no applications are received from employees considered by the Company to be qualified, the Company reserves the right to fill the vacancy by hiring from outside. 15:05 The Company will notify all applicants, with a copy to the Chairperson in writing, of the name of the successful applicant, if any, not later than ten (10) working days following the posting period. This only applies if the successful applicant is internal. 15:06 Where a job is posted and there are no qualified applicants, subject to 15:03 above, the Company may consider the posting as a trainee posting and select a trainee from the applicants. The successful applicant shall be paid: a) At the start of the training period, the employee shall be paid a rate one- halfway between the rate of the employee's regular job and the rate of the job for which the employee is being trained b) As the trainee progresses, an interim rate shall be agreed upon by the parties. 15:07 Successful applicants to a job posting may not apply for another job posting for a period of 90 working days, unless by mutual consent of the CSC committee and the Company

24 ARTICLE 16 BULLETIN BOARDS 16:01 The Company will provide bulletin boards in mutually satisfactory location in the CSC for the conference of the Union in posting notices of Union activity. All such notices or other literature must be signed by the proper officers of the Union and submitted to an authorized Company representative for approval before being posted or distributed

25 ARTICLE 17 SAFETY AND HEALTH 17:01 The Company shall continue to make reasonable provisions for the health and safety of its employees during the hours of employment. The Union agrees to assist the Company in maintaining proper observation of all safety and health rules and shall have the right to make recommendations to the Company respecting the safety and health of employees. 17:02 The Company and the Union will cooperate in promoting a safe working environment. A Joint Health and Safety Committee will be maintained with equal employee representation from the CSC. The Committee will be comprised of four members, two from the Company and two employees to be elected by a vote supervised by the Union or appointed by the Union. The Joint Health and Safety Committee will meet once per month. Where these meetings are held during working hours with the consent of the Company, representatives will not lose pay as a result of attendance. Where meetings are held outside of working hours, representatives will be paid up to two hours at their regular straight time rate of pay for actual time spent at the meeting. 17:03 The Company will provide a subsidy of one hundred fifty dollars ($150.00) per calendar year for the purchase of one or more pairs of CSA approved safety boots that are ankle height or above. This payment will be added onto the employee's regular pay during the month of January and will be subject to withholding tax. 17:04 Employees will wear all personal protective equipment as required by the company at all times without exception or be subject to disciplinary action. All prescribed safety equipment (example: lift truck seatbelts) and other OHSA prescribed guards, protective equipment and devices will be worn/used with no exceptions

26 ARTICLE 18 MINIMUM RECOMPENSE 18:01 Any employee reporting for work at their regular time without having been previously notified not to report, and finding no work available shall be given four ( 4) hours work at their regular hourly rate or four (4) hours pay in lieu thereof provided that the lack of work was not caused by circumstances beyond the control of the Company and provided further that the employee shall perform any work to which he/she may be assigned

27 ARTICLE 19 TEMPORARY TRANSFERS 19:01 Temporary transfers shall be those of no longer than a (10) working day duration. Temporary transfers, for vacation relief only, shall be those of no longer than fifteen (15) working days duration. In regards to the above, temporary transfers may be extended by mutual agreement. 19:02 Any employee who, for the convenience of the Company, is temporarily transferred to another job for which the rate of pay is different to that in effect in such employee's regular job shall be paid while so employed as follows: a) If the rate of pay for the job to which he/she is temporarily transferred is less than the employee's regular rate of pay for the job from which he/she has been so temporarily transferred, he/she shall: during such temporary transfer, receive their own higher rate of pay. b) If the rate of pay for the job to which he/she is transferred is higher than the employee's regular rate of pay for the job from which he/she has been transferred, he/she shall receive the higher rate of pay for the job, starting with the first full shift following such temporary transfer. 19:03 The Company shall have the right to transfer an employee as the need arises to any other job at the same wage level. Whenever practical, the junior employee within the classification shall be the one transferred. 19:04 In all cases of transfer where a change of classification and rate are involved, the Company will notify the employee in writing with a copy for the Steward

28 ARTICLE 20 PROMOTIONS 20:01 Promotions to posted higher paid jobs will be based primarily on the skills, ability, and qualifications of the employee concerned, but as between two (2) employees of approximately equal standing based on the above factors, seniority shall govern. Where there is disagreement on the skills ability and qualification of applicants, the matter shall be subject to the grievance procedure. 20:02 All promotions as outlined in 20:01 will be subject to a trial or training period of thirty (30) working days. During the training period, the employee shall receive the trainee rate. At the conclusion of the trial or training period, the employee will either be returned to their former job, or if satisfactory to Management, he/she shall receive the full rate for the job to which he/she has been promoted. If not fully qualified and a further training period is required, an extension may be mutually agreed upon by the Company and the Union in which case an interim rate shall be agreed upon by the parties. 20:03 The Company recognizes the right of any employee to request a transfer or to apply for any posted job vacancy. All such requests or applications will be considered in the light of all the circumstances

29 ARTICLE 21 JURY AND CROWN WITNESS DUTY 21:01 If an employee is called upon to act on a panel of jurists or as a crown witness, the Company agrees to pay to the employee the difference between his/her pay at their regular hourly rate for the regular work schedule and the pay received for the said Jury or Witness Duty. 21:02 Where an employee attends court but is not called for service he/she shall return to complete the balance of their normally scheduled shift, where it is practical to do so

30 ARTICLE 22 BEREAVEMENT LEAVE Subject to the limiting provisions of paragraph 22:02, the Company will provide an employee, who has seniority, with up to 40 paid hours of absence from work due to a death in his/her family for the following family members: Spouse, child Father, mother, brother, sister Mother-in-law, father-in-law Grandmother, grandfather, grandchild In order to qualify for the allowances described in paragraph 22.01, an employee must be absent from their regular working hours on days the employee would otherwise have worked. The employee will be paid their regular straight time rate for those hours absent from work under the terms of these provisions and is required to provide documentation of death

31 ARTICLE 23 HEALTH BENEFITS 23:01 $65, of Life Insurance shall be provided to each employee, with the Company paying the full premium. 23:02 $65, of Accidental Death and Dismemberment Insurance shall be provided to each employee, with the Company paying the full premium Weekly Indemnity Insurance on the basis of 66 2/3% of wages, effective first day of disability due to accident, and third day due to illness, with a maximum term of fifty-two (52) weeks, shall be provided to each employee. The Company shall pay the full premium. Employee must give the Company three days notice, wherever possible, of their expected return date when the employee has been absent for two weeks or longer due to illness. For the term of this contract, the Company will maintain the benefit level of the Weekly Indemnity Plan at a level which meets the standard requirements for a full premium reduction for wage loss replacement under the Employment Insurance Act. 23:04 An Extended Health Benefit plan shall be made available to employees, with the Company paying the full premium. The plan will include a Vision Care Benefit up to a maximum of Two Hundred Fifty dollars ($250.00) per person in any twenty-four (24) consecutive month period for charges incurred relative to the purchase of lenses and frames or contact lenses when prescribe by a person legally qualified to make such prescription. 23:05 Employer and employee portions of any premium rebates from the E.I. shall be retained by the Company and be utilized to offset the costs of the described benefit plans. 23:06 A Dental Care Plan shall be made available to employees on the basis of: 100% Employer paid premium; 20% employee co-insurance. Effective first of the month following the date of ratification, amend the plan to provide for the application of the current ODA Fee Schedule. 23:07 There will be a long term disability plan which will provide a benefit of 50% of the employee's regular monthly wage up to a maximum of $2, per month. This benefit will be offset by any amount received from other sources for the same disability (eg: CPP, WSIB) and will cease at age 65 of the recipient. There will be a 52 week waiting period from onset of the disability and the employee must be disabled from own occupation for one year and from any occupation fit by reason of experience, education or training thereafter

32 23.08 Employees can access the forms directly from the benefit providers websites or request the forms from their supervisor. All the plans referred to in this Article are governed by the insurance contract and the eligibility and qualification procedures determined by the carrier. 23:09 Employees electing to work beyond age 65 will continue to receive the same level of benefit coverage as employees under age 65 with the following exceptions: 1. Life Insurance: reduces to $25,000 and will terminate at age 70 or when employee's membership in the plan terminates, if earlier. 2. Long term Disability terminates at age Waiver of Premium under Group Life terminates at age :10 The company will provide a drug card for use on prescriptions. There will continue to be 80/20 co-insurance between employee and employer. Employer will pay full premium If the employee dies while his/her dependents are covered under the Health Benefit plan, the Company will continue the Extended Health Care and Dental Care benefits with the Company paying the full premiums, until the earliest of: the date similar coverage is obtained elsewhere, the date which is 2 years from your death, or the date the health benefit plan terminates. Survivor benefits for dependent children will continue until the earliest of: the date your children reach the age of 19, the date which is 2 years from your death, or the date the health benefit plan terminates

33 ARTICLE 24 NOTICES Any notices required to be given to one party or the other shall be given in writing and sent by prepaid registered mall addressed as follows: To the Company: CanWel Building Materials Ltd. 15 West Drive Brampton, Ontario, L6T 3T5 Attention: General Manager To the Union: U.S.W Local Suite Clarence Street S Brantford, Ontario N3S 7N8 Attention: President

34 ARTICLE 25 DURATION OF AGREEMENT The parties hereto mutually agree that this Agreement shall be effective for five (5) years from and after the 1st day of February, 2016 and thereafter from year to year unless notice of desire to amend or terminate the Agreement is given by either party within Ninety (90) Days and not less than Thirty (30) Days prior to the Expiry Date of the Agreement If no Agreement is reached at the expiration of the contract, the Agreement shall remain in force up to the time a subsequent Agreement is reached, or until seventeen (17) days have elapsed following the release of a Conciliation Board Report by the Minister of Labor, or the Minister has informed the parties that he does not deem it advisable to appoint a Conciliation Board, or after any similar period which may be prescribed by the provisions in the statute in effect at the relevant time. Signed and dated in Brampton on January 15,

35 ARTICLE 26 PENSION PLAN The Company agrees to contribute during each month on and after the effective date, the first $ unit to the Pension Account of each member of the Plan who is on the Company's active payroll in the month. For any member who elects to make an optional contribution by payroll deduction at the rate of $ per month, the Company will match this with a further $ of monthly contribution. Full-time employees will join the Plan after completing one year of continuous service. After one year of continuous service, full time employees are eligible to join the Company s Defined Contribution Group Pension plan. The Company is responsible for paying for the cost of administering the Plan. The pension plan contributions are as follows: Effective Date Employer Contribution Per Month Per Employee Employee Optional Contribution Per Month Employer Maximum Match Per Month Total Contributions Per Month Per Employee Feb 1, 2016 $ $ $ $ Feb 1, 2017 $ $ $ $ Feb 1, 2018 $ $ $ $ Feb 1, 2019 $ $ $ $ Feb 1, 2020 $ $ $ $