AGREEMENT. R.J. CYR CO. INC. WINDSOR ONTARIO Hereinafter referred to as the Employer

Transcription

1 AGREEMENT Between R.J. CYR CO. INC. WINDSOR ONTARIO Hereinafter referred to as the Employer And INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS, BLACKSMITHS, FORGERS AND HELPERS, LOCAL LODGE #128 ONTARIO Hereinafter referred to as the Union ARTICLE 1 RECOGNITION The Employer recognizes the Union as the sole collective bargaining agent for all employees employed in its fabrication plant located in Windsor Ontario. This Agreement shall not apply to Foremen, persons above the Article 5 classifications rank, Office Staff or subcontract personnel. ARTICLE 2 MANAGEMENT RIGHTS The Employer reserves the undisputed right to operate and manage its business in all respects, to hire, call back, promote, discharge, suspend or discipline employees for just or reasonable cause. Any claim by an employee that they have been discharged or disciplined without reasonable cause may be subject to a grievance. The Employer and the Union also agree that the Employer may make and alter rules and regulations to be observed by the employees provided such rules and regulations are not inconsistent with the provisions of this Agreement. ARTICLE 3 HOURS OF WORK Eight (8) hours per day shall constitute a day s work. Forty-four (44) hours per week shall constitute a week s straight time work, Monday to Friday inclusive. The normal hours of work which include a one-half (1/2) hour unpaid lunch shall be from 7:00 a.m. to 3:30 p.m., but may be changed at any time by mutual consent. ARTICLE 4 SHIFT WORK When other than regular day shift is worked, a shift bonus of fifty cents ($0.50) per hour will be paid. Page 1 of 7

2 ARTICLE 5 RATES OF WAGES The following minimum rates of wages will be effective as shown for employees hired after signing date: * Classification Description See Appendix A Classification Rate Layout A $ Layout B $ Layout C $ Welder $ Machinist $ Operator $ Labourer/Helper Minimum Wage $ ARTICLE 6 JOB POSTINGS Persons wishing to improve their positions have the right to come forward at any time. The Company agrees to reimburse the full cost of tuition for any work related courses at an accredited institution. Prior agreement is required and the employee must pass the course. The Company agrees to consider all existing employees of equivalent competence when hiring or filling vacancies and further agrees to inform the Union of the same ARTICLE 7 OVERTIME After forty-four hours have been worked in any given week, overtime rates for work performed shall be paid for on the basis of time and one half (1 1/2x) Monday to Saturday and the first four hours worked on Sunday after which double time shall be paid. All paid holidays shall be paid at double time rates. ARTICLE 8 VACATION WITH PAY Section 1 Employees with less than one (1) year of service shall be paid vacation pay weekly by the Employer at the rate of 4% of the employee s total earnings. Section 2 Employees with one (1) year up to (5) years of service shall be entitled to two (2) weeks vacation time and 4% of the employee s earnings, paid weekly. Section 3 - Employees with over five (5) years of service shall be entitled to three (3) weeks vacation time and a maximum 6% of the employee s earnings, paid weekly. Vacation weeks are not to be taken consecutively except by mutual consent. Page 2 of 7

3 ARTICLE 9 PAID HOLIDAYS Section 1 The ten (11) paid holidays to be paid for shall be as follows: New Years Day Victoria Day August Civic Holiday Thanksgiving Day Christmas Day Day before New Years Good Friday Canada Day Labour Day Day before Christmas Boxing Day Section 2 When a holiday falls on a Saturday, the working day immediately before shall be observed, and if a holiday falls on a Sunday the following working day shall be observed (or as agreed). Section 3 The employee must work the last regularly scheduled day of work before the public holiday and the first regularly scheduled day of work after the public holiday to be paid for the holiday. If unable to be at work due to sickness, the employee is required to produce a doctor s certificate stating he was unable to be at work. ARTICLE 10 UNION SECURITY AND CHECK-OFF Section 1 The Employer and the Union agree that all employees covered by this Agreement shall be members in good standing of Local 128, International Brotherhood of Boilermakers, and must maintain their membership in said lodge in accordance with the Brotherhood Constitution during the life of this agreement. For the purposes of carrying out this Agreement the Employer concerned shall deal only with an accredited representative of the International or Local Union. Section 2 The Employer agrees that all new employees shall become members of Local 128 within one hundred and twenty (120) days worked on R. J. Cyr Co. payroll. The employer shall deduct the amount of monthly dues and initiation fees from the wages of the employees and remit the same to Local 128 each month. The initiation fees of one hundred ($100.00) may be spread out over four (4) pay periods. The employer shall also deduct one half of one percent (1/2%) Shop Dues Assessment of the gross hourly wage to be deducted weekly and submitted monthly along with the dues check-off for all employees. ARTICLE 11 PROGRESSIVE DISCIPLINE Progressive discipline consists of four (4) steps. 1. Verbal warning with the Union Representative present. 2. One (1) day suspension without pay. 3. Three (3) days suspension without pay. 4. Dismissal. Successive incidents must occur within a twelve (12) month period. Conversely, a twelve (12) month period without incidents negates the prior incident. Page 3 of 7

4 ARTICLE 12 SENIORITY Section 1 Seniority, qualification and ability to perform the work required shall govern when forces are reduced or when recalled to work per Article 2, Management Rights Section 2 New employees shall have no seniority, however, on completion of probationary period of one hundred and twenty (120) days worked, on R. J. Cyr Co. payroll, their seniority shall be established and dated their first day on R. J. Cyr Co. payroll. Section 3 Employees who are laid off shall receive 3 working days notice or pay in lieu thereof except in circumstances over which the company has no control, plus the employment standards act will apply Section 4 Employees with four (4) years of service or more that are laid off shall maintain recall rights and seniority for a period of six (6) months from date of lay off. Section 5 A request for leave of absence may be mutually agreed upon. ARTICLE 13 GRIEVANCE PROCEDURE Any employee or group of employees covered by this Agreement having a grievance shall first take the matter up with the foreman with or without the assistance of the Shop Steward within four (4) working days. Failing to reach a settlement within four working days, the grievance shall be presented, in writing, to both the Shop Steward and the Plant Manager who will discuss the matter with the employee or group involved. Failure to reach a settlement with the Plant Manager within four days, the Shop Steward shall be entitled to have the assistance of an International Representative of the union and the Company President if necessary. If the matter fails to be resolved by the International Representative and the President of the Company, the case shall go to Arbitration as provided for in the Ontario Labour Relations Act. ARTICLE 14 ARBITRATION Should any difference of opinion arise as to the proper interpretation of this Agreement, the case must go to Arbitration as is provided for in the Ontario Labour Relations Act. ARTICLE 15 CLEAN UP PERIOD There shall be one (1) paid five (5) minute wash-up period immediately prior to the completion of each shift. ARTICLE 16 COFFEE BREAKS There shall be two (2) ten (10) minute coffee breaks per shift; one (1) in the first four (4) hours and one (1) in the next four (4) hours. ARTICLE 17 HEALTH AND WELFARE Section 1 All employees hired under this Agreement that have worked a minimum of twenty-six (26) full weeks shall participate in a 30% co-insurance 70% Group Benefit. Section 2 In the event of a layoff, coverage of dental, drug and extended health care shall continue by the Employer for one month per year of service to a maximum of thirty five (35) weeks in accordance with the Employment Standards Act Seniority employees recalled after benefits have lapsed shall have benefits reinstated with no waiting period and continue for the term of the recall. Page 4 of 7

5 ARTICLE 18 BEREAVEMENT PAY Section 1 On the death of a Father, Mother, Spouse, Child, Brother, Sister or Grandparents of an employee, he or she will be granted three (3) paid working days leave of absence. Leave of absence without pay will be available by mutual consent if additional time is required. ARTICLE 19 NO STRIKE OR LOCKOUT During the terms of this Agreement, the Union agrees that the employees will not participate in any strike, slow down, sit down, or any other action which will interfere with work or production and the Employer agrees there will be no lockout of employees. ARTICLE 20 HEALTH AND SAFETY ALLOWANCE The employer will pay an allowance of up to two hundred dollars ($200.00) per year of this contract for the purchase of approved safety boots, coveralls and safety equipment as per plant rules. The company will pay for the cleaning only of coveralls with the supplier. All claims for lost or damaged coveralls shall be the responsibility of the individual employee. A new employee must work a minimum of fifty-two (52) full weeks to qualify. ARTICLE 21 DURATION OF AGREEMENT This agreement shall become effective on signing, for a period of 3 years. Dated this day of October 2011 R. J. CYR CO. INC. International Brotherhood of BOILERMAKERS, LOCAL 128 Randy Cyr, President Jim Tinney Boilermaker International _ Jim Tenbroeke, Plant Manager Edward Michael Jubenville Shop Steward Page 5 of 7

6 APPENDIX A CLASSIFICATION DESCRIPTION CLASSIFICATION LAYOUT A LAYOUT B LAYOUT C WELDER MACHINIST OPERATOR GENERAL LABOURER/HELPER DESCRIPTION Apprenticeship as layout fitter or equivalent Old timer eight (8) years experience Holds valid C.W.B ticket Apprenticeship as layout fitter or equivalent Old timer eight (8) years experience On apprenticeship adjusting pay scale as you learn All welders must be C.W.B. certified The company will cover the cost to a maximum of two (2) welding tests held on site. If a second test is not passed, the company may move the employee to a labourer position, if an opening is available, until a C.W.B. test is passed at employee s own expense. Journeyman Machinery operator Painter Truck driver Shipper / receiver Tacker Machinist helper Entry level, student, casual Page 6 of 7

7 LETTER OF UNDERSTANDING Between R. J. CYR CO. INC. And Employees of record October 1, 2011 Article 5 The company agrees to maintain current wages for work in the classification. The company agrees to add $1.40 per hour to existing wages. Article 17 The company agrees to self insure the 30% deductible amount of co-insurance. Dated this day of October, 2011 R. J. CYR CO. INC. International Brotherhood of BOILERMAKERS, LOCAL 128 Randy Cyr, President Jim Tinney Boilermaker International _ Jim Tenbroeke, Plant Manager Edward Michael Jubenville Fred Labarge Neall Hartwell Page 7 of 7