COLLECTIVE AGREEMENT AUGUST 16, 2013 TO AUGUST 15, By and Between- UNIFOR LOCAL 525G. -and-

Transcription

1 COLLECTIVE AGREEMENT AUGUST 16, 2013 TO AUGUST 15, By and Between- UNIFOR LOCAL 525G -and- TRANSCONTINENTAL VANCOUVER (A DIVISION OF TRANSCONTINENTAL PRINTING 2005 G.P.)

2 ARTICLES OF AGREEMENT This Collective Agreement effective August 16, 2013 BETWEEN: TRANSCONTINENTAL VANCOUVER A DIVISION OF TRANSCONTINENTAL PRINTING 2005 G.P. (Hereinafter referred to as the Employer) PARTY OF THE FIRST PART AND: UNIFOR, LOCAL 525G (Hereinafter referred to as the Union) PARTY OF THE SECOND PART UNDERSTANDING The purpose of this agreement is to establish mutually satisfactory relations between the Employer and Employees, to provide a mechanism for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions, hours of work and wages for all Employees who are subject to the provisions of this agreement. It is also agreed by the parties that this agreement shall not be in conflict with the B.C. Labour Relations Code and/or other applicable labour laws and statutes, and the British Columbia Human Rights Code. Whenever the singular or masculine is used in the Collective Agreement, the plural and feminine shall be construed. That in consideration of the mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1 TERM OF AGREEMENT 1.01 This Agreement shall remain in full force and effect from August 16, 2013 up to and including August 15, 2016 and shall continue in force and effect from year to year thereafter until a new agreement is negotiated or has been terminated in accordance with the Labour Relations Code of British Columbia. ARTICLE 2 UNION RECOGNITION 2.01 The Employer recognizes Unifor, Local 525G as the exclusive representative for the purpose of collective bargaining in respect to rates of pay, wages, hours of work and other terms and conditions of employment for all Employees for whom the Union is certified in its plant The Employer agrees that no individual employment contract, written or verbal relating to any work covered under the terms of the Collective Agreement shall be entered into unless by consent of both parties hereto. 1

3 ARTICLE 3 UNION SHOP 3.01 It shall be a condition of employment that all Employees of the Employer covered by this Collective Agreement who are members of the Union in good standing on the effective date of this Collective Agreement shall remain members in good standing It shall be a condition of employment that those Employees who are not members of the Union on the execution date of the this Collective Agreement shall, on or before the thirtieth (30 th ) day following the execution date of this Collective Agreement, become and remain members in good standing in the Union It shall also be a condition of employment that all Employees covered by this Collective Agreement and hired on or after its execution date shall on or before the thirtieth (30 th ) day following the beginning of such employment become and remain members in good standing in the Union. This thirty (30) day period may be extended by the Union The Employer agrees to notify each new Employee that he or she shall be required to make application for membership in the Union within thirty (30) days from the date of employment. The Employer shall notify the Union of the new Employee s name, classification and date of employment in writing and within one (1) week of the new Employee s start date Any Employee covered under Article 3.01, 3.02 and 3.03 above who fails to become and/or remain a member of the Union in good standing as therein provided or to whom membership is denied because of his failure to tender initiation fees or dues, then within ten (10) days after written notice from the Union, the Employer shall discharge such Employee If membership of any Employee is terminated, then within ten (10) days after written notice from the Union, the Employer shall discharge such Employee after all appeals are exhausted The Union reserves the right to deny Union membership to any applicant. An Employee who fails to qualify for membership shall be discharged by the Employer within ten (10) days of written notification by the Union, provided that a justifiable explanation is given to the Employer if the applicant has been fined, suspended or expelled by the national Union or a Local of the Union, and the applicant has not complied with the terms of such fine, suspension or expulsion A person who has been discharged for failing to become or continue to be a member of the Union in good standing, for any reasons outlined above, shall not be re-hired by the Employer unless he or she shall first become a member of the Union in good standing. 2

4 ARTICLE 4 HIRING 4.01 The Employer agrees to inform the Union of all position vacancies covered by this Collective Agreement at least ten (10) days prior to advertising such vacancies outside the plant subject to the provisions of Article 38 (Apprenticeship), and Article 16 (Promotions) Any new Employee who is not already a union member shall be placed on a permit issued by the Union until such time as their application for membership is processed No employee, other than Reinhard Walter, shall be employed by the Employer in the position of journeyman Millwright or journeyman Electrician unless he has British Columbia Trades Qualification certification or Canadian Red Seal Certification. ARTICLE 5 JURISDICTION 5.01 All Employees except office and sales staff and those excluded by the B.C. Labour Relations Code employed at Transcontinental Vancouver (a division of Transcontinental Printing 2005 G.P.) located at 725 Hampstead Close, North Delta, B.C. shall constitute the bargaining unit. This article shall apply to the above noted plant of the Employer and any other plant of the Employer to which the Employer may move part or its entire operation Supervisory personnel and/or those outside the bargaining unit may perform work done by bargaining unit employees in circumstances that require immediate attention, or for instructional purposes, or to prevent injury to employees or damages to equipment. It is agreed and understood that the intent of this clause is not to facilitate the replacement of bargaining unit employees or to reduce the scope of work within the purview of the bargaining unit but rather to permit the Employer reasonable flexibility to deal with day to day issues that may arise. ARTICLE 6 DUES CHECK-OFF 6.01 The Employer agrees, upon receipt of signed authorization to deduct from the earnings of each Employee, Union dues and assessments as authorized by the individual Employee and transmit same to the Union office not later than the tenth (10 th ) day of the following month. The Employer shall at the time of making such payment to the Union, submit a typewritten statement, in the manner requested on the forms supplied by the Union (or facsimile) for this purpose. Cheques to be made payable to Unifor, Local 525G. It is agreed that the Union dues will be deducted from Employee earnings each payday The Employer will provide to the Union the Social Insurance Number of each employee on its payroll during this Agreement upon receipt of signed authorization from the employee to provide such information to the Union. 3

5 ARTICLE 7 TECHNOLOGICAL CHANGE 7.01 The Parties recognize that technological developments, if they are to further the continued growth of the Employer, place a responsibility upon the Employer to explore and promote new markets, and require the cooperation of the Employer and the Union in the development of new skills In order to ensure the orderly and most advantageous introduction of new types of equipment and new processes, the Parties agree to meet upon request of either Party, to consider and develop programs for the training or retraining of Employees in the new skills required, so as to avoid if possible layoffs resulting from the introduction of new types of equipment or new processes In the event of a technological change arising from the introduction of new equipment the employer shall select and train the employees required to operate the new equipment subject to Article If such training is done outside the Lower Mainland then employees will be paid at straight time rates based on a regular work week. Those employees who are displaced from their job due to technological change can exercise their seniority to bump within their classification or other classifications for which they have the skill and ability to perform. ARTICLE 8 NEW MACHINES AND PROCESSES 8.01 The Employer agrees that in the event of the installation of new or improved machines or processes including add-ons to existing equipment such machines or processes shall be operated by Employees under this Agreement and under a scale of wages and conditions of work agreed upon by a Joint Committee of four (4) members, each Party hereto choosing and appointing two (2) members thereof. If the Parties fail to agree on the wages and conditions of work then the matter may be referred by either Party to the grievance and arbitration procedures of this Agreement. The wages, once determined, will be retroactive to the commencement date of the operation by the affected Employee(s) of the new or improved machines or processes. (a) In the event the employer acquires new equipment or upgrades existing equipment and the Joint Committee fails to resolve the manning requirements of the new or improved equipment, it is understood that the manning of such equipment is within the discretion of the employer to set, notwithstanding the minimum manning requirement in the collective agreement. (b) In the event that the Parties determine that new equipment or upgrades to existing equipment requires a new classification then the employer will meet with the union to set the rate for the new classification. If no agreement is reached on whether a new classification is required, such proposed classification and the corresponding rate will be subject to the grievance and arbitration procedure. 4

6 8.02 The Employer shall give the Union no less than sixty (60) days notice where possible in writing prior to the installation of new equipment. The Employer agrees to meet with the Union at any time during such notice period upon request for consideration of the terms and conditions of work or any other matter relating thereto. For any equipment requiring less than a sixty (60) day purchase order, notice shall be given no later than the date of the purchase order The Employer agrees to give sixty (60) days notice to the Union of any changes to its present methods of production or processes where such change may result in any lay off or bargaining unit employees. ARTICLE 9 WAGES 9.01 During the life of this collective agreement, the minimum hourly wage rates to be paid shall be as set out in the Wage Schedules Appendix A of this Collective Agreement It is further agreed that the minimum wage schedule appended hereto as Appendix A shall continue during the life of this Collective Agreement, except as may be mutually agreed between the Parties hereto. It is understood that Employees now receiving above the wage scale herein provided shall not be reduced during the life of this Collective Agreement It is agreed that wages shall be paid in full bi-weekly and within four (4) working days of the end of the pay period. It is agreed that payday shall be Thursday. It is agreed that Sunday 7:00 a.m. shall be deemed the end of the pay period. Payment shall be made by electronic funds transfer. In each case the Employee will receive a statement of wages (a) Effective August 16, 2013, Employees with a base day rate of less than $22.75 per hour shall receive two dollars ($2.00) per hour in addition to their applicable base day rate when working on afternoon shift and three dollars ($3.00) per hour in addition to their applicable base day rate when working night shift. Employees with a base day rate of $22.75 per hour or more shall receive three dollars ($3.00) per hour in addition to their applicable base day rate when working on afternoon shift and four dollars ($4.00) per hour in addition to their applicable base day rate when working night shift. The afternoon shift premium and night shift premium shall be added after any overtime calculations are done. It is understood that for the purposes of this Agreement, such afternoon shift premium and night shift premium shall not form part of an Employee s regular hourly rate. It is understood that the base day rate of $22.75 referred to above will increase with the general wage increases as indicated below. The base day rate will be as follows: Effective: August 16, 2014: $23.09 August 16, 2015: $23.49 (b) For the purposes of determining the appropriate shift differentials, when fifty percent (50%) or more of a shift falls within an afternoon or night shift as defined in Article 13.01, the higher rate shall apply for the entire shift Rate Retention During a shift when an Employee is transferred to or from a job carrying a higher rate for four (4) hours or more, the higher rate is to apply for the entire shift. 5

7 When Employees are upgraded to a position that has an Apprenticeship as listed in Article 38.01, they shall receive the appropriate percentages listed in Article 38 to a maximum of eighty percent (80%) of the Journeyman rate. Employees will accumulate hours of experience in the higher position and the hours will be recorded. Employees shall advance up the apprentice rate progression; every one thousand and forty (1040) hours of experience shall be equivalent to a six (6) month period. Employees shall progress up the apprenticeship rates to the journeyman level. ARTICLE 10 STATUTORY HOLIDAYS (a) The following days shall be observed as statutory holidays: New Year s Day Family Day Good Friday Victoria Day Canada Day BC Day Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day and all others named under the Employment Standards Act of British Columbia or declared by the Provincial or Federal Governments. (b) Employees who have worked one hundred and twenty (120) hours or more in the thirty (30) calendar days preceding the statutory holiday shall receive full holiday entitlement. Hours worked shall include but not be limited to time-off for vacation, bereavement leave, jury duty or such other hours deemed as hours worked by this Agreement. (c) Employees who have worked less than one hundred and twenty (120) hours in the thirty (30) calendar days preceding the statutory holiday shall have their holiday pay entitlement in Article prorated by the ratio of the number of hours worked in the thirty (30) calendar days preceding the holiday divided by one hundred and twenty (120) hours. (d) Holiday schedules shall be posted at least two (2) weeks prior to the holiday (a) Full holiday pay entitlement for employees on seven (7) hour shifts shall be seven (7) hours pay, for employees on eight (8) hour shifts shall be eight (8) hours pay, for employees on ten (10) hour shifts shall be ten (10) hours pay and for employees on twelve (12) hour shifts shall be twelve (12) hours pay. (b) Holidays that fall on an Employee s regularly scheduled shift shall be observed on that day. Holiday pay will be at the hourly rate received by the Employee during the week of the holiday plus a ten percent (10%) premium (which represents an average of the shift differentials) except that the premium for Employees scheduled to steady night shifts shall be their usual night shift differential instead of the 6

8 ten percent (10%) premium. Steady night shift shall be defined as working two (2) months on night shift prior to the holiday. All work performed on a holiday shall be paid as provided for in Article Holidays that fall on an Employee s regular day off shall be paid to the Employee in the pay period in which the holiday is celebrated For purposes of overtime calculations statutory holiday hours will be considered regular hours worked when an employee works on the holiday or when the holiday is celebrated on a regular shift All Statutory Holidays shall extend from 7:00 a.m. on the day of the holiday until 7:00 a.m. the following day Shifts scheduled for either New Year s Day or Christmas Day shall be posted for voluntary overtime sign up. Employee s on shifts that would normally be scheduled as part of the regular shift schedule and rotation shall have the first right of refusal for those shifts. If there are insufficient volunteers willing to fill the required positions then the Employees from the regular scheduled crews shall work the shifts If a holiday referred to in Article is celebrated when an Employee is on vacation, the Employee shall have the option to either include the holiday within the vacation period and reduce the number of vacation days used by one (1) vacation day or take the day preceding the Employee s vacation or the day following the Employee s vacation as the holiday Religious holidays The Employer respects the religious beliefs of all Employees. Employees may be granted unpaid time off from work for the purpose of observing or celebrating religious holidays in accordance with the following: 1) Employees must request time off for the holiday in writing to their supervisor. 2) Written request must be submitted at least twelve (12) months prior to the holiday. 3) Time off will be granted in minimum periods of one (1) full day. 4) All time off is without pay unless the Employee at his or her option, elects to use accrued vacation time or banked time for the religious holiday. 5) The Employer will make every effort to accommodate requests for time off for religious holidays. No changes to approved requests are permitted. 6) The Employer will respond to the Employee in writing within three (3) weeks of receiving the request. 7) In the event a new employee cannot give twelve (12) months notice because of the date of hire then at the time of hiring the employee will provide such request for time off for the balance of the calendar year in which they were hired. ARTICLE 11 TOOL ALLOWANCE The tool allowance for maintenance Employees shall be up to three hundred and fifty dollars ($350.00) per fiscal year ending October 31 of each year. It shall be paid upon the submission of receipts. In the first year of employment it will be prorated by the length of service up to October 31. 7

9 ARTICLE 12 BOOT ALLOWANCE Regular full-time and part-time Employees shall receive a boot allowance of two hundred dollars ($200.00) every two (2) calendar years. This shall be calculated from the start date of January 1, Employees shall be reimbursed upon submission of receipts. Employees completing their probationary period shall receive a prorated amount based on the number of months remaining in that boot allowance period. ARTICLE 13 HOURS OF WORK All full-time employees will be assigned to one (1) of the following shifts and schedules unless otherwise agreed to by the Parties to this Agreement. (a) Twelve (12) Hour Shifts: On twelve (12) hour shifts, the regular scheduled two (2) week work cycle shall consist of seven (7) twelve-hour shifts in the fourteen (14) day period and seven (7) days off in the fourteen (14) day period as follows: (i) SHIFT SCHEDULE Two (2) shifts on, two (2) days off; three (3) shifts on, two (2) days off; two (2) shifts on, three (3) days off. Or in the Maintenance and Shipping Departments only: Three (3) shifts on, four (4) days off; four (4) shifts on, three (3) days off. Overtime at one and one-half (1.5) times the Employee s rate shall apply for four (4) hours during each two week work cycle, with short hours due to a shortage of work being treated as a reduction of regular hours and not overtime hours and short hours due to the Employee voluntarily leaving early excluding that which is due to a shortage of work being treated as a reduction of overtime hours and not regular hours. Day shifts shall start no earlier than 6:00 a.m. and end no later than 8:00 p.m. Afternoon shifts shall start no earlier than 10:00 a.m. and end no later than 12:00 a.m. (midnight). Night shifts shall start no earlier than 6:00 p.m. and end no later than 8:00 a.m. 8

10 (ii) Shift Rotation Employees shifts will be rotated from days to nights on a two (2) week interval. A minimum of thirty-six (36) clear hours between the end of the last shift and the beginning of the first shift in a regular shift change-over shall apply. (iii) Lunch Period Employees shall receive a paid luncheon period of not less than forty-five (45) minutes between the fifth and ninth hour after the regularly scheduled starting time of the shift. Employees shall be allowed to leave the department or press area for their lunch period. The lunch period shall be staggered, unless equipment shutdown occurs, to ensure continuity of operations. The Leadhand will rotate the crew to maintain continuity of operations. It is understood that rotating the crew for luncheon periods is without prejudice to Article 18 - Pressroom Manning; as it is understood that rotating the luncheon periods may result in manning below the minimum levels as set in Article 18. If an emergency arises that requires work during the regular lunch period, the Employee shall receive his/her lunch period immediately following such emergency. In addition to the paid lunch period there shall be two (2) ten (10) minute paid breaks on each shift b) Eight (8) Hour Shifts: (i) For employees scheduled to eight (8) hour shifts the work week shall be five (5) consecutive shifts of eight (8) hours each and the regular work week shall be forty (40) hours. Day shifts shall start no earlier than 6:00 a.m. and end no later than 4:00 p.m. Afternoon shifts shall start no earlier than 10:00 a.m. and end no later than 12:00 a.m. (midnight) Night shifts shall start no earlier than 6:00 p.m. and end no later than 8:00 a.m. (ii) Shift Rotation In the Prepress and Maintenance departments, Employees presently (at date of ratification) do not rotate between shifts. Should a majority of employees scheduled on eight (8) hour shifts in a department want to rotate between available shifts then the employees shall select the rotation pattern between bi-weekly or monthly rotations by a secret ballot vote. A minimum of forty-eight (48) clear hours between the end of the last shift and the beginning of the first shift in a regular shift change-over shall apply. (iii) Lunch Period Employees shall receive a paid luncheon period of not less than thirty (30) minutes between the fourth and sixth hour after the regularly scheduled starting time of the shift. Employees shall be allowed to leave the department or press area for their lunch period. The lunch period shall be staggered, unless 9

11 equipment shutdown occurs, to ensure continuity of operations. The Leadhand will rotate the crew to maintain continuity of operations. It is understood that rotating the crew for luncheon periods is without prejudice to Article 18 - Pressroom Manning; as it is understood that rotating the luncheon periods may result in manning below the minimum levels as set in Article 18. If an emergency arises that requires work during the regular lunch period, the Employee shall receive his/her lunch period immediately following such emergency. In addition to the paid lunch period there shall be two (2) ten (10) minute paid breaks on each shift. c) Ten (10) Hour Shifts (i) For employees scheduled to ten (10) hour shifts the work week shall consist of four (4) consecutive shifts of ten (10) hours each and the regular work week shall be forty (40) hours. Day shifts shall start no earlier than 6:00 a.m. and end no later than 6:00 p.m. Afternoon shifts shall start no earlier than 10:00 a.m. and end no later than 12:00 a.m. (midnight) Night shifts shall start no earlier than 6:00 p.m. and end no later than 8:00 a.m. (ii) Lunch Period Employees shall receive a paid luncheon period of not less than forty-five (45) minutes between the fourth and seventh hour (except that the paid luncheon shall be between the fifth and seventh hour in the Pressroom) after the regularly scheduled starting time of the shift. Employees shall be allowed to leave the department or press area for their lunch period. The lunch period shall be staggered, unless equipment shutdown occurs, to ensure continuity of operations. The Leadhand will rotate the crew to maintain continuity of operations. It is understood that rotating the crew for luncheon periods is without prejudice to Article 18 - Pressroom Manning; as it is understood that rotating the luncheon periods may result in manning below the minimum levels as set in Article 18. If an emergency arises that requires work during the regular lunch period, the Employee shall receive his/her lunch period immediately following such emergency. In addition to the paid lunch period there shall be two (2) ten (10) minute paid breaks on each shift. (iii) Shift Rotation When more than one (1) ten (10) hour shift is scheduled within a department and a majority of employees scheduled on ten (10) hour shifts in a department want to rotate between the available shifts then the employees shall select the rotation pattern between bi-weekly or monthly rotations by a secret ballot vote. A minimum of forty-eight (48) clear hours between the end of the last shift and the beginning of the first shift in a regular shift change-over shall apply. 10

12 d) Labour Management Meetings Meetings will be held to discuss and resolve any issues or problems that may arise with shift schedules. These meetings can be requested by either Party and will be attended by three (3) representatives appointed by the Employer and three (3) representatives appointed by the Union The Employer shall have the regular hours of work, including the regular starting time and regular stopping time for each department, posted on the time clock or bulletin board at all times. It is understood that the following shall be considered as departments for the purpose of this section. (i) Pre- Press (iv) Shipping/Receiving/Warehousing (ii) Press (v) Bindery (iii) Maintenance The regular work week shall commence at 7:00 a.m. Sunday morning No Employee shall suffer any loss of hours as a result of a change of shift. No Employee shall have his/her shift changed with less than two (2) weeks notice Shift schedules for the following week shall be posted no later than 5:30 p.m. on the prior Tuesday For the purpose of determining the appropriate shift differentials, when fifty percent (50%) or more of a shift falls within an afternoon or night shift as defined in Article 13.01, the higher rate shall apply for the entire shift. ARTICLE 14 CALL IN AND REPORTING PAY Any Employee reporting for work as scheduled by the Employer shall be guaranteed a full shift s pay (based on the Employee s scheduled shift) at the employee s appropriate hourly rate, except in the event of the Employee voluntarily leaving or a circumstance beyond the control of the Employer such as a power failure. In instances where an Employee arrives late or leaves early only the time actually lost by the Employee may be deducted from his pay Any Employee injured while working on the job and requiring immediate medical attention and therefore unable to complete their shift shall be paid for a full shift An Employee called back to work shall be paid at one and one-half (1½) times his/her appropriate hourly rate, and a minimum of four (4) hours shall apply. Call back for the purposes of this clause shall be defined as an Employee having completed his shift and left the plant within eight (8) hours of being called back to work. ARTICLE 15 OVERTIME Employees recognize that customers will upon occasion make overtime necessary. It is an expectation that Employees will, if at all possible, work overtime. The Employer shall attempt to give the maximum possible notice of such overtime work, except in cases of equipment breakdown. The Employer shall not discriminate against any Employee who is unable to work overtime. 11

13 Call In List - The employer shall maintain a list of employees for call in purposes. Employees may add their names and remove their names from the list at any time. When calling for overtime, the supervisor will contact employees on the Call In List beginning with those who have accumulated the least overtime in the three (3) month period immediately preceding the date of the overtime opportunity. Copies of the Call In List, excluding phone numbers but including overtime hours worked, will be made available to Shop Stewards or the Union upon request. In instances where there is insufficient volunteers to work the overtime required the Employer may use temporary help to fill the remaining vacant positions and/or run short of the minimum manning provided that every reasonable effort has been made to contact employees on the Call In List. Running short of minimum manning shall be the last option (a) For the first four (4) hours worked before or after a regular eight (8) hour shift, an Employee shall receive one and one-half (1 ½) times his/her appropriate hourly rate. (b) For the first two (2) hours worked before or after a regular ten (10) hour shift, an Employee shall receive one and one-half (1 ½) times his/her appropriate hourly rate. (c) For all hours worked before or after a regular twelve (12) hour shift, an Employee shall receive two (2) times his/her appropriate hourly rate. (d) For all hours worked in excess of the Employee s regular scheduled work week, except after twelve (12) hours in a day, an Employee shall receive one and one-half (1 ½) times his/her appropriate hourly rate. For all hours worked in excess of twelve (12) hours in a day, an Employee shall receive two (2) times his/her appropriate hourly rate. (e) In the event that an employee is absent from a regular scheduled shift and the employee is not paid by the Employer for such absence, any hours for which the employee may be entitled to overtime pay under Article (a), (b), (c) or (d) in a pay period will be reduced by the number of hours for which the employee is absent in that pay period and for which the employee is not paid by the Employer. Absences for which an employee is not paid by the Employer include, but are not limited to, voluntary early leave excluding that which is due to a shortage of work, late arrival, unpaid sick leave, family leave, suspension and unpaid leaves of absence. Days off for statutory holidays, voluntary early leave due to a shortage of work, unpaid bereavement leave and leave pursuant to Article will not be considered as unpaid absences for the purposes of this Article 15.02(e) Overtime shall be distributed as equitably as possible and shall be monitored and recorded by the Shop Stewards There shall be no duplication or compounding of premiums or any other benefits when on overtime except as specifically provided for under this Agreement All hours worked on statutory holidays shall be paid for at one and one-half (1 ½) times the Employee s appropriate hourly rate of pay, in addition to holiday pay in accordance with Article

14 15.06 Banking Overtime Overtime may be banked for time off with pay at a later date under the following conditions: (a) It shall be at the Employee s option to elect banking of overtime. Employees may elect to bank overtime hours up to a maximum period of one hundred and sixty (160) hours. (b) If banking of overtime is elected, the Employee shall execute the Employee Banked Hours Plan, attached as Appendix B. ARTICLE 16 SENIORITY, PROMOTIONS, LAYOFF AND DISCHARGE No Employee may be disciplined or discharged except for just cause. Before the discipline or discharge of a shop steward or officer of the Local, the Employer must notify the shop steward of its intention. In the event of a discharge of an Employee, the Employer shall simultaneously furnish reason for such discharge in writing. The Employer will provide written copies of all formal warnings and discipline to the Employee, the Shop Steward and the Union office (Union office by facsimile) In the event of a lay-off for less than four (4) weeks an Employee shall maintain their employment status for all purposes except payment of wages Any Employee who has been regularly employed for a period of six (6) months who is laid-off for longer than four (4) weeks because of lack of work, job obsolescence or similar reasons, shall be given two (2) weeks notice or in lieu thereof, two (2) weeks pay. Weeks with less than fifty percent (50%) of full employment shall be considered as weeks of lay off. This shall not apply in the case of dismissal for cause or in the case of temporary lay-off of less than four (4) weeks. An Employee must give at least one (1) weeks notice of termination and when he does so, shall be allowed to complete that week or be awarded a weeks pay in lieu thereof (a) Seniority: On layoff and recall, where skills and abilities are relatively equal seniority shall prevail. The last person hired is the first person laid off and the last person laid off is the first person re-hired. Seniority is defined as the Employee s length of continuous service as set out below. (i) Seniority for the purpose of lay-off and recall for those in craft positions shall be from the individual s date of employment with the Employer in a craft position (i.e. Journeyperson/Apprentice). (ii) Seniority for the purpose of lay-off and recall for those in non-craft positions shall be from the individual s date of employment with the Employer. 13

15 (iii) Any Employee affected by lay off in a craft position with greater seniority with the Employer since his date of employment than an Employee in a non-craft position may elect to use that seniority to retain employment in a non-craft position. A Seniority list shall be provided by the Employer annually or as requested by the Union. An Employee will lose seniority if: 1. They voluntarily quit. 2. They are terminated for cause. 3. When on lay-off and they fail to report for work within ten (10) calendar days unless they are unable to do so due to illness or injury or other acceptable reason(s). 4. When they are laid-off for more than six (6) consecutive months. (iv) Those Employees who, at the date of certification, have transferred from another workplace of the Employer and who have been promised that their length of service at the other location shall be considered as part of their seniority, shall retain such seniority. (b) Probationary Period: The Probationary period for Employees shall not be more than 90 calendar days. A probationary Employee is an Employee who is demonstrating their qualifications to the Employer. Once such Employee completes the probationary period their seniority will be retroactive to their date of hire It is the policy of the Employer to provide opportunities for advancement and whenever possible to promote through training present members. The Employer agrees that positions shall first be posted in the plant for ten (10) days prior to such position being posted outside the plant. Members presently employed at the time shall have the first opportunity to fill these positions before the Employer advertises outside the plant. The Employer agrees to inform the Shop Steward and the Union of all postings without delay. An employee who misses the notice due to being absent shall have an additional 10 days to apply for the posting. When there are multiple candidates applying for a position seniority shall prevail where the skills and abilities are relatively equal The award of a posted job is subject to the employee s rights under Article 25 - Grievance and Arbitration Pension contributions are to be paid by the Employer for outstanding periods of vacation and for severance payments made at termination of employment. ARTICLE 17 RATE RETENTION Each Employee shall be classified in his/her classification as defined in the Collective Agreement. No reduction shall be made to the classified rate when he/she is employed in any classification having a lower rate, unless the Employee is reclassified arising from bumping and voluntarily taking the reduction. 14

16 17.02 The Employer shall be free to utilize Employees covered by this contract anywhere in the plant for temporary periods, providing there is no reduction in their hourly rates of pay and provided there is no infringement on any other Employee s hours, and provided they are qualified to safely perform the work assigned If any Employee is working in a higher classification for three (3) consecutive months this position shall be posted and applied for in accordance with Article In cases of illness or injury this period may be extended upon mutual agreement between the Employer and the Union. ARTICLE 18 PRESSROOM MANNING The following minimum manning levels shall be maintained, except as otherwise set out in this Agreement: 400B (2 Splicers, 8 Units, 2 Folders) 1 Lead Hand Pressman 2 Pressmen, 1 of whom may be an apprentice 1 Rollman 2 Stackermen (2 Splicers, 8 Units, 1 Folder) 1 Lead Hand Pressman 2 Pressmen, 1 of whom may be an apprentice 1 Rollman 1 Stackerman (1 Splicer, 4 Units, 1 Folder) 1 Lead Hand Pressman 1 Pressman 1 Rollman 1 Stackerman MR66 (2 Splicers, 8 Units, 2 Folders) 1 Lead Hand Pressman 2 Pressmen, 1 of whom may be an apprentice 1 Rollman 1 Robotics Technician 2 Stackermen 15

17 (2 Splicers, 8 Units, 1 Folder) 1 Lead Hand Pressman 2 Pressmen, 1 of whom may be an apprentice 1 Rollman 1 Robotics Technician 1 Stackerman (1 Splicer, 4 Units, 1 Folder) 1 Lead Hand Pressman 1 Pressman 1 Rollman 1 Robotics Technician 1 Stackerman KBA (Up to 4 Splicers, 4 Towers, 1 Folder) 1 Lead Hand Pressman 2 Pressmen, 1 of whom may be an apprentice 1 Rollman 2 Stackermen (Up to 4 Splicers, 4 Towers, 2 Folders) 1 Lead Hand Pressman 3 Pressmen, 1 of whom may be an apprentice 1 Rollman 2 Stackermen (1 Splicer, 1 Tower, 1 Folder) 1 Lead Hand Pressman 1 Pressman 1 Rollman 1 Stackerman There shall be one (1) additional Pressman scheduled on each shift, who shall be assigned as determined by the Employer Additional employees as determined by the Employer may be scheduled. ARTICLE 19 VACATIONS Employees who have completed less than one (1) year of continuous service with the Employer at June 30th of the current year shall accrue and be paid vacation pay at the rate of four percent (4%) of the total wages earned during the time for which vacation credits are computed, or shall receive a prorated amount of vacation time with pay at the employee's current hourly rate of pay being earned at the time the vacation is taken based on the time between the employment commencement date and the following June 30th, whichever is greater. 16

18 Employees who have completed one (1) year of continuous service with the Employer at June 30 th of the current year shall accrue and be paid vacation pay as follows: (a) For all Employees completing one (1) year but less than three (3) years of continuous service at June 30 th of the current year; two (2) weeks of vacation with pay at the rate of four percent (4%) of the total wages earned during the time for which vacation credits are computed. (b) For all Employees completing three (3) years but less than eight (8) years of continuous service at June 30 th of the current year; three (3) weeks of vacation with pay at the rate of six percent (6%) of the total wages earned during the time for which vacation credits are computed. (c) For all Employees completing eight (8) years but less than fifteen (15) years of continuous service at June 30 th of the current year; four (4) weeks of vacation with pay at the rate of eight percent (8%) of the total wages earned during the time for which vacation credits are computed. (d) For all Employees completing fifteen (15) years but less than twenty-eight (28) years of continuous service at June 30 th of the current year; five (5) weeks of vacation with pay at the rate of ten percent (10%) of the total wages earned during the time for which vacation credits are computed Holidays and annual vacations shall be considered as earnings and regular shifts of employment for purposes of calculating vacation entitlement and pay Vacations, as far as possible, will be scheduled at times most desirable to the Employee. When returning from vacation Employees shall return to their regularly scheduled crew unless mutually agreed otherwise. The employer shall endeavour to grant all employees two (2) consecutive weeks of their vacation during prime time which shall be the period between June 15 th and September 30 th except where otherwise mutually agreed between the Employer and the Employee For purposes of calculating vacation entitlement the Employer shall recognize up to six (6) months of non-active employment. If an Employee is on Workers Compensation the Employer shall recognize up to one (1) year as though the Employee had been working for the purposes of vacation entitlement. The accrual starts again once the Employee returns to work For the purposes of this Article 19 the year in which vacation credits are to be computed shall be the twelve (12) month period beginning July 1st of each year and ending June 30th of the following year All vacations earned by June 30 th in any year must be taken and cleared off by June 30 th next following Vacation pay must not be taken in lieu of vacation (a) Selection of vacation shall be done by department and by using shop seniority. (b) The Employer shall supply vacation selection forms to Employees by January 15 th of each year. Employees shall select their vacation periods and submit their selected vacation periods by March 21 st each year. Only two (2) weeks may be selected during prime time which shall be the period between 17

19 June 15 th and September 30 th. Further time may be selected once all Employees who have selected time off during prime time have scheduled. The Employer shall approve and post selected vacation periods by April 10 th each year by using bargaining unit (shop) seniority. Vacation selections received after April 10 th shall be on a first come, first served basis. The Employer shall respond to all such requests within 14 days of their submission. The period between March 21 st and April 10 th will be used to resolve any conflicts between selections received by March 21 st Employees when leaving an establishment for any reason shall receive in addition to all other amounts due the Employee, accumulated vacation pay in the appropriate amount. This shall likewise apply in the case of death, in which event the amount shall be paid to the legally recognized beneficiary, or in the absence thereof to the estate of the deceased At the Employee s request, vacation pay shall be paid for each period(s) of vacation prior to said vacation period(s). Requests should be in writing, signed by the Employee and forwarded to the payroll department three (3) weeks prior to the vacation start date In the event of a cessation or suspension of operations, earned vacation credits shall be deemed wages earned and shall be paid forthwith. ARTICLE 20 SEVERANCE Employees who have more than one (1) year of service and are terminated for any reason except for just and reasonable cause or who are not recalled from lay off to full employment within twenty-six (26) weeks of the date of lay off shall be entitled to severance pay in the amount of one weeks pay for each year of service to a maximum of twenty (20) weeks pay. Employees on lay off for more than four (4) weeks but less than twenty-six (26) weeks may elect at any time during the lay off to receive their severance pay and give up their right to recall. ARTICLE 21 HEALTH AND WELFARE The Employer undertakes to maintain in force the Group Insurance Plan for the Employees for the duration of this Agreement. Employees shall be covered on the first (1 st ) day of the month next following the month in which they complete their probationary period. The Employer also undertakes to inform the Union of any amendment to the plan prior to its taking effect The Employer shall pay the cost of basic coverage of the Group Insurance Plan, excluding basic and optional long-term disability coverage. The Employee is responsible for the cost associated with basic and optional long-term disability coverage and for optional coverage related to any of the remaining Group Insurance Plan benefits the Employee elects to receive While an Employee is on lay-off, the Employer shall continue to pay the cost of the basic coverage of the Group Insurance Plan, excluding short and long term disability coverage, up to a maximum of 18

20 three (3) months from the date of lay-off provided that the Employee submits post-dated cheques for the premiums for which the Employee is responsible. All disability insurance coverage is suspended for the duration of a lay-off Employees shall be covered by the Group Insurance Plan while off on Maternity and Parental Leaves and while off on Short Term Disability. The Employee must continue to pay his/her portion of the premiums throughout the Maternity/Parental leave or Short Term disability. Employees on long-term disability receive Health and Dental coverage under the group insurance plan paid for by the Employer at the Enriched level and all other group insurance coverage remains in effect at no cost to the employee It is agreed and understood that Employees may, at their discretion, use vacation time to cover the five (5) scheduled working day Short Term Disability waiting period when no sick leave or banked time are available. The Short Term Disability waiting period shall be based on eight (8) hour shifts The cost of the B.C. Medical Services Plan (MSP) shall be paid by the Employer. The Employer further agrees to pay the cost of the B.C. Medical Services Plan (MSP) for retiring employees (minimum ten (10) years of service with the Employer) for one (1) full year as of the official date of retirement. ARTICLE 22 SICK LEAVE Sick leave shall be considered as hours worked and paid at the rate the Employee is working at when such sick time is used (a) All full time Employees shall be entitled to forty-eight (48) hours of paid sick leave, to be used in the event that they require time off due to bona fide illness or injury. After completion of the probationary period, the forty-eight (48) hours will be prorated on the number of months left in the calendar year. (b) All part-time Employees working twenty (20) hours per week (averaged over a ninety (90) day period) shall be entitled to twenty-four (24) hours of paid sick leave, to be used in the event that they require time off due to bona fide illness or injury. After completion of the probationary period, the twenty-four (24) hours will be prorated on the number of months left in the calendar year. Part-time employees shall lose their entitlement if their average goes below 20 hours per week. (c) Sick leave shall be calculated from January 1 st of each year and shall not be cumulative. (d) A doctor s certificate may be required in order to qualify for sick pay claimed after the first day of absence. Failure to provide the necessary certificate within the pay period or within seven (7) days of the first day of absence will result in loss of pay for the period(s) claimed. (e) Unused hours shall be calculated at calendar year end and paid to the Employee. Payment will be made by the first full pay period of the immediately following February. To be eligible the Employee must be with the Employer at the end of the calendar year. (f) Should an Employee receive both sick pay as well as compensation in the form of extended health benefits, insurance payment or compensation from the courts for the same day or days, such sick leave pay shall be repaid to the Employer through a payroll deduction within the following pay period after such double compensation is discovered. 19

21 ARTICLE 23 PENSIONS The Employer undertakes to maintain in force the pension plan for the Employees for the duration of this Agreement. The Employer also undertakes to inform the Union of any amendment to the plan prior to its taking effect. ARTILCE 24 PICKET LINES Notwithstanding any other provisions of this Collective Agreement, the failure or refusal of any Employee to pass through or work behind any picket line lawfully established shall not be deemed a breach of this Collective Agreement, and the Employer shall not discharge, discipline or otherwise discriminate against any such Employee. ARTICLE 25 GREIVANCE AND ARBITRATION Should differences arise as to the interpretation or application of the provisions of this Collective Agreement or should a grievance occur within a department covered by this Collective Agreement, this to include discharge or termination without cause, there shall be no strike, stoppage of work or suspension of work by the Union or Employees or lockout by the Employer on account of such differences or grievance (a) Grievances are to be submitted within one (1) month of occurrence except in the case of a grievance arising from an Employee s discharge or termination, in which case the grievance must be submitted within fourteen (14) days of occurrence. Time runs from the date that the grieving party knew, or should have reasonably known of the incident giving rise to the grievance. The Employee or Employees, or the Employer shall report the grievance to the shop foreman or shop steward, the latter shall take the matter up with a representative of management or report the matter to the Union representative who shall then take the grievance up with management. (b) If no settlement is then arrived at within forty-five (45) days, either Party may notify the other in writing by registered mail of the question or questions to be arbitrated and the name and address of its choice of an arbitrator. After receiving such notice and a statement, the other Party shall, within five (5) days agree to the proposed single arbitrator or suggest alternate arbitrator(s). If the two Parties fail to agree on a single arbitrator within three (3) days, they shall forthwith request the Labour Relations Board to appoint an arbitrator. (c) The arbitrator shall have the power in allowing a grievance to rectify the matter complained of, including the awarding of lost pay, if any, and reinstatement in employment. The decision of the arbitrator shall be final and binding upon both Parties. However in no event shall the arbitrator have the power to alter or amend this Collective Agreement in any respect All time limits stated above may be extended by mutual agreement of the Parties. 20