AGREEMENT NO.5. Between. TOURAM LIMITED PARTNERSHIP (Air Canada Vacations) - and -

Transcription

1 AGREEMENT NO.5 Between TOURAM LIMITED PARTNERSHIP (Air Canada Vacations) - and - NATIONAL AUTOMOBILE, AEROSPACE AND TRANSPORT AND GENERAL WORKERS UNION OF CANADA (CAW CANADA) AND ITS LOCAL 2002 Effective: September 1, 2005 August 31, 2008

2 This coective agreement is the property of: NAME: ADDRESS: PHONE: i

3 TABLE OF CONTENTS ARTICLE 1 - PURPOSE OF AGREEMENT AND DEFINITIONS DEFINITIONS: Agreement Cassification Company Empoyee Hoiday Immediate Supervisor Location Region Shift Spouse Supervisory Personne Union Work Schedue Vertica Lines... 2 ARTICLE 2 - UNION RECOGNITION... 2 ARTICLE 3 - MANAGEMENT RIGHTS... 3 ARTICLE 4 - SCOPE OF AGREEMENT... 3 ARTICLE 5 - PAY RATES... 4 ARTICLE 6 - HOURS OF WORK WORK SCHEDULES REVISED WORK SCHEDULES SHIFT ALTERATIONS MEAL PERIODS REST PERIODS SHIFT TRADES... 5 ARTICLE 7 - JOB POSTING... 5 ARTICLE 8 - TEMPORARY EMPLOYEES... 7 ARTICLE 9 - OVERTIME RECALL, TIME CLEARANCE, TIME BANK, TIME OFF, TIME RECORD AUTHORIZATION OVERTIME Reca TIME CLEARANCE TIME BANK TIME OFF TIME RECORD...9 ARTICLE 10 - PROBATION... 9 ARTICLE 11 - SENIORITY, STAFF REDUCTION, RECALL SENIORITY LIST RETENTION AND ACCRUAL OF SENIORITY RETENTION AND NON-ACCRUAL OF SENIORITY LOSS OF SENIORITY STAFF REDUCTIONS RECALL i

4 ARTICLE 12 - LEAVE OF ABSENCE AND SICK LEAVE LEAVE OF ABSENCE - GENERAL PERSONAL LEAVES OF ABSENCE Short-Term Long-Term PREGNANCY AND PARENTAL LEAVE JURY DUTY OR WITNESS BEREAVEMENT LEAVE SICK LEAVE FAMILIY CARE LEAVE UNION LEAVE ARTICLE 13 - STATUTORY HOLIDAYS FLOATING HOLIDAY ARTICLE 14 - VACATIONS GENERAL VACATION SCHEDULING SPLIT VACATION Entitement ARTICLE 15 - GRIEVANCE PROCEDURE STEP STEP ARTICLE 16 -DISCIPLINARY AND DISCHARGE ACTION AND APPEAL PROCEDURES STEP STEP CORRESPONDENCE ARTICLE 17 - ARBITRATION ARTICLE 18 - UNION - MANAGEMENT RELATIONS COMMUNICATIONS IN WRITING UNION-MANAGEMENT COMMITTEE TIME OFF - UNION BUSINESS Buetin boards PAID EDUCATION LEAVE AND SOCIAL JUSTICE FUND ARTICLE 19 - HEALTH AND SAFETY ARTICLE 20 - GENERAL PROVISIONS HUMAN RIGHTS IDENTITY CARD UNIFORMS COPIES OF AGREEMENT TRAINING / STAFF MEETINGS DOMESTIC VIOLENCE ARTICLE 21 - GROUP BENEFITS BENEFIT AND INSURANCE PLANS GROUP LIFE INSURANCE ACCIDENTAL DEATH AND DISMEMBERMENT GROUP INSURANCE DISABILITY INSURANCE PLAN EXTENDED HEALTH INSURANCE DENTAL INSURANCE PENSION PLAN ii

5 ARTICLE 22 - DUES AND CHECK-OFF ARTICLE 23 - DURATION AMENDEMENTS TO THE COLLECTIVE AGREEMENT INDEX iii

6 ARTICLE 1 - PURPOSE OF AGREEMENT AND DEFINITIONS 1.01 It is in the mutua interest of the Company and the empoyees to provide for the operation of the services of the Company under methods which wi further, to the fuest extent possibe, the efficiency and economy of operation, and the continuation of empoyment under conditions of reasonabe hours, compensation and working conditions. It is recognized by this Agreement to be the duty of the Company and the empoyees to co-operate fuy both individuay and coectivey for the advancement of that purpose The Company and the Union agree to abide by a the procedures provided by this agreement and the Ontario Labour Reations Act for the purpose of peacefu settement of disputes In view of the ordery procedure estabished by this Agreement as required by the Act for the setting of disputes, the Union agrees that, during the ife of this Agreement, there sha be no strike or stoppage of work, either compete or partia, and the Company agrees that there sha be no ockout, either compete or partia DEFINITIONS: The foowing words, as used throughout the Agreement, sha convey the meaning appended to them Agreement Means the Agreement in effect incuding amendments or interpretations thereto agreed upon and covered by etters signed/confirmed by responsibe Company and accredited Union Officers/Representatives Cassification Means a cassification as defined in Artice Company Means Touram Inc. as represented throughout Officers and Management at various eves or their deegated representatives Empoyee Means any person in the empoy of the Company who is in the bargaining unit covered by this Agreement Hoiday Means both paid genera hoidays, as provided for in the Empoyment Standards Act, and any additiona negotiated paid hoidays as isted in Artice Immediate Supervisor Means the first eve supervisor responsibe for the empoyee(s) Location Means an office or pace of business within a region where empoyees are empoyed, i.e. airport, downtown office Region Means geographica area served by the Company where empoyees are empoyed. A region may contain more than one ocation. 1

7 Shift Means a schedued period of time within work day for which an empoyee is required to be present Spouse Means a "spouse" as defined in Part III of the Ontario Famiy Law Act Supervisory Personne Means any Company personne whose duties incude the administrative supervision of others, and who are not covered by the Agreement Union Means Nationa Automobie, Aerospace, Transportation and Genera Workers Union of Canada (CAW - Canada) and it s Loca Work Schedue Means a projection of a schedued shifts at a ocation with regard to schedued days on and days off, incuding shift starting and terminating times Vertica Lines Denotes that a negotiated or editoria revision was made to an artice effective with the current agreement. ARTICLE 2 - UNION RECOGNITION 2.01 The Company recognizes the Union as the soe and excusive coective bargaining agent for a empoyees of the Company empoyed in Ontario save and except: Lead Agents, Trainers, Saes Representatives, Inventory Agents, Office and Cerica staff, Supervisors and persons above the rank of Supervisor Persons excuded from the bargaining unit described in Artice 2.01 may perform work on any job normay performed by an empoyee provided that the performance of such work does not resut in oss of reguar pay, seniority or ayoff of an empoyee When Lead Agents, Trainers, Saes Representatives, Inventory Agents, Office and Cerica staff, Supervisors and persons above the rank of Supervisor perform work normay performed by the bargaining unit, the Union wi be provided with the expected duration of the arrangements. 2

8 ARTICLE 3 - MANAGEMENT RIGHTS 3.01 The Company reserves to itsef any and a of its rights which have not been modified, imited, restricted or reeased by this Agreement incuding, without imiting the generaity of the foregoing, the right to: A. to maintain order, discipine, efficiency and in connection therewith to estabish and enforce reasonabe rues and reguations; B. to hire, transfer, ayoff, reca, promote, demote, retire, cassify, assign and prioritize duties, discharge, suspend or otherwise discipine empoyees, provided that a caim by an empoyee that she has been discharged or otherwise discipined without just cause may be the subject of an appea or grievance under Artice 16 of the Agreement; C. to determine the method of operation; the amount of supervision; the schedues of work; the hours and days of work, incuding the scheduing and authorization of overtime; and the number of empoyees required at any time and the duties to be performed It is understood and agreed that management rights as set out in Artice 3.01 hereof are subject to the provisions of this Agreement and sha not be exercised in a manner inconsistent herewith, and that none of the foregoing sha detract from the right of the Union to odge a grievance or appea in the manner and to the extent provided herein. ARTICLE 4 - SCOPE OF AGREEMENT 4.01 This Agreement sha be appicabe to empoyees working in the foowing cassifications: Reservations Saes Agent, Ticketing Agent, Accounts Receivabe Agent and Airport Representative in Ontario The cassifications set out in Artice 4.01 comprise empoyees who perform duties incuding making reservations, computing rates, schedue changes, issuing tickets and reated trave documents, refunds, invoices, accounts receivabe, bank deposit, assist with customer reated matters at the airport and act as a iaison with the airines as we as a duties reated to the foregoing It is recognized and agreed that at the present time the work of Reservations Saes Agents is divided into the foowing groupings which sha be departments for purposes of the job posting procedure and the staff reduction procedure: Groups; Cruises; Genera Reservations; Other(s). These groupings may be modified, added to or deeted by the Company from time to time. 3

9 ARTICLE 5 - PAY RATES 5.01 Empoyees sha be paid in accordance with the foowing wage scae: Reguar Houry Wage Rate Effective Effective September 1, 2005 September 1, Months of Service Effective September 1, 2007 ARTICLE 6 - HOURS OF WORK 6.01 The standard working week sha be forty (40) hours. The standard working day sha be eight (8) consecutive hours, incuding mea and rest periods WORK SCHEDULES In the event it becomes necessary to estabish Work Schedues, the Company sha initiate a meeting with the Union Representative at the oca eve, for the purpose of reviewing with him/her staff requirements and shift start and terminating times. This meeting wi normay take pace four (4) weeks prior to the impementation of the Schedue(s). The Schedue)s) wi then be posted and pubished no ater than two (2) weeks prior to impementation Where a schedue covering Genera Reservation Agent performing the same work at different start/stop times (e.g. day shifts, afternoon shifts), the schedue wi provide for a rotation through a shifts for the empoyees on the schedue REVISED WORK SCHEDULES In the event it becomes necessary to revise an estabished Work Schedue(s), the Company sha initiate a meeting with the Union representative at the oca eve, for the purpose of reviewing with him/her the revised staff requirement eves. This meeting wi normay take pace no ater than ten (10) caendar days prior to impementation of the revised Work Schedue(s). The revised Work Schedue(s) wi then be posted and pubished no ater than five (5) working days prior to impementation SHIFT ALTERATIONS Occasiona changes to an empoyee's shift may occur as a resut of changes to fight schedues, training, increases or reductions of staff, absences of empoyees on vacation, time off for union business, eaves of absence and sick eave Empoyees wi be provided with at east twenty-four (24) hours notice in writing for a change of the start time of a schedued shift and at east two (2) caendar days notice for a change in schedued days off. These time imits may be reduced by mutua agreement between the Company and the affected empoyee. 4

10 6.05 MEAL PERIODS Empoyees sha be entited to a thirty (30) minute unpaid mea period which sha be schedued in each shift during the third or fourth or fifth hour uness otherwise mutuay arranged ocay between the Company and the empoyee requesting the change REST PERIODS Empoyees sha be entited to two (2) paid rest periods of fifteen (15) minutes each in each fuy schedued day. Rest periods sha be schedued in each haf of the work day at the Company's soe discretion, but not in conjunction with the mea period uness mutuay agreed between the Company and the Union. No rest periods sha be schedued in conjunction with the start or termination of a shift. Empoyees working overtime in excess of two (2) hours in conjunction with their reguar schedued shift wi be provided with a paid rest period of (15) minutes Empoyees who report to work a reca wi be granted a paid rest period of fifteen (15) minutes after three (3) hours of work SHIFT TRADES Empoyees may arrange for another empoyee to work their shift subject to the supervisor's approva, consistent with the foowing: Advice of the trade wi be provided to the supervisor in writing twenty-four (24) hours in advance and wi be signed by the empoyees invoved A time credits for the schedued shift wi be credited to the empoyee who works the shift Overtime worked prior to or foowing a traded shift and premium credits on a hoiday, wi be credited to the empoyee who worked the shift as though the shift had been the empoyee's schedued shift Shift trades wi ony be approved if the empoyees invoved are quaified to perform each other's work Company sick eave provisions wi appy to the empoyee who agreed to work the shift and ony to the amount provided for in such reguations. ARTICLE 7 - JOB POSTING 7.01 Permanent vacancies within the bargaining unit wi be posted by the Company for a period of five (5) caendar days. The notice posted by the Company wi set out the cassification and department (where appicabe) and genera description and requirements of the permanent vacancy, and the date the empoyee must be avaiabe to commence work An empoyee must satisfy the foowing conditions to be eigibe to appy for a permanent vacancy; (a) (b) the empoyee must have competed his/her probationary period; the empoyee must be avaiabe to commence work in the permanent vacancy on the date required by the Company; and 5

11 (c) the permanent vacancy must be in a cassification other than the empoyee's current cassification or, for incumbent Reservation Saes Agents, must be in a Department other than the empoyee's current department (see Artice ) or in a cassification other than the empoyee's current cassification The Company sha consider the foowing factors for the purpose of fiing a permanent vacancy; (a) (b) the quaifications, training, experience, ski, and abiity of the empoyee; and the seniority of the empoyee. When factor (a) is to a intents and purposes equa as between two (2) or more empoyees, then seniority sha be the determining factor Written requests must be received by the Company within five (5) caendar days of the ast day of posting as set out in Artice 7.01 and wi be considered in accordance with Artice 7.03 before the permanent vacancy is fied. The Company wi make the seection, if any, not ater than fifteen (15) caendar days foowing the end of the job posting. The empoyee seected by the Company for the permanent vacancy wi be subject to a four (4) month tria period during which time the Company may return the empoyee to his/her former cassification if the empoyee is not abe to do the work in the judgement of the Company The successfu appicant sha not be entited to bid for another permanent vacancy for a period of tweve (12) months from the date of the successfu appication, uness waived by the Company The fiing of a permanent vacancy resuting from the assignment of an empoyee to the posted position sha aso be subject to the job posting procedure set out in Artice 7.01 through 7.05 but further resuting vacancies need not be posted The Company specificay reserves the right to: (a) (b) (c) fi the permanent vacancy with a temporary empoyee during the job posting procedure; fi the position previousy hed by the successfu appicant with a temporary empoyee during the tria period set out in Artice 7.04; hire a new empoyee, transfer other personne to the permanent vacancy is in a Reservations Saes Agent Department, may assign, in inverse order of seniority, an empoyee from another Reservations Saes Agent department to the permanent vacancy, subject to the provisions of Artice 7.03 (i) (ii) if no appications are received within five (5) caendar days as set out in Artice 7.04; or if the empoyees who submitted an appication within the five (5) caendar days as set out in Artice 7.04 are not quaified to perform the work. 6

12 ARTICLE 8 - TEMPORARY EMPLOYEES 8.01 Nothing in the Agreement prohibits the Company, in its soe discretion, from hiring temporary empoyees. The term "temporary" empoyee sha incude: (a) (b) (c) any person who is hired in accordance with Artices 7.07(a) or (b); any person who is temporariy repacing, directy or indirecty, an empoyee who is on vacation or a eave of absence provided for under this Agreement; and any person who is hired to perform a temporary work assignment of not more than one hundred and twenty (120) caendar days (a) Where it is known or anticipated that a temporary vacancy wi exist for a period of over one hundred and twenty (120) caendar days, the Company sha reca aid off empoyees in accordance with Artice before hiring temporary empoyees. (b) Where it is known or anticipated that a temporary vacancy wi exist for a period of over thirty (30) caendar days but not more than one hundred and twenty (120) caendar days, the Company sha offer such temporary work to aid off empoyees in the cassification in which the work arises, in order of seniority, provided that the empoyee has the necessary ski, abiity, quaifications, training and experience to immediatey be abe to perform the required work. Artice sha not appy to such offers. Any aid off empoyee offered such a temporary work assignment must be immediatey avaiabe when required, faiing which the Company sha be entited to offer the assignment to the next most senior aid off empoyee in the cassification who fufis the requirements described herein (a) Ony the foowing provisions of this Coective Agreement sha appy to temporary empoyees: Artice 1 - Purpose and Definition Artice 2 - Union Recognition Artice 3 - Management Rights Artice 4 - Scope of Agreement Artice 5 Pay Rates Artices Hours of Work, Work Schedues, Mea Periods, Rest Periods, and Shift Trades Artices Temporary Empoyees Artice 9 (except 9.03 time bank reference and 9.04) Artice and Artice 13 Statutory Hoidays (except 13.05) Artice 15 - Grievance Procedure Artice 17 Arbitration Artice Communication in writing Artice Heath and safety Artice Human Rights Artice Uniforms Artice Training and Staff Meetings Artice 22 - Dues and Checkoff (b) Temporary empoyees sha have access to the procedures described in Artice 16 for matters of discipine other than discharge. 7

13 ARTICLE 9 - OVERTIME RECALL, TIME CLEARANCE, TIME BANK, TIME OFF, TIME RECORD 9.01 AUTHORIZATION No overtime or reca sha be worked except on prior authorization of proper management personne. Such authorization sha be approved on an overtime authorization form. In cases where prior authority cannot be obtained, or an empoyee is unabe to compete a transaction with a customer, the time worked in excess of the estabished shift sha be reported to management and paid as overtime OVERTIME A overtime worked by an empoyee who is outside and consecutive with their schedued shift wi be considered as overtime. A overtime wi be paid at one and one-haf times the reguar rate of the empoyee Reca If an empoyee is requested to work any time not consecutive with their schedued shift, incuding days off, the Company sha estabish the time to be worked. A recas wi be paid at one and one-haf (1 ½) times the reguar rate of the empoyee with a minimum credit of four (4) hours TIME CLEARANCE A time credits (incuding credits accumuated in accordance with Artice 13) sha be ceared on the pay cheque for each pay period; aternativey, at the request of the empoyee, the credits may be recorded in a time bank as provided for in Artice TIME BANK Empoyees may enro in a time bank for the purposes of recording time credits accrued as a resut of working overtime, by advising the Company in writing On December 15 th of each year empoyees wi be required to advise the Company whether they wish to be paid any overtime hours worked or to enro in the time bank, starting January 1 st of the foowing year. Once having eected to enro in the time bank, an empoyee may opt out at any time provided there is ony one (1) change per caendar year. The empoyee must advise the Company in writing of his/her decision Time Bank sha be imited to pus seventy-five (75) hours. A maximum of thirty-seven and one-haf (37.5) hours may be carried over into the foowing caendar year. On December 1 of each year, any hours exceeding thirty-seven and one-haf (37.5) in the time bank sha be paid out on the fina pay check of the year Accrued time credits may be withdrawn from the time bank in the form of time off, at some ater date in accordance with Artice TIME OFF When requested by an empoyee, time off may be granted at the soe discretion of the Company subject to the requirements of the service For each fu shift that an empoyee wishes to take off, he/she sha make his/her request in writing as far in advance as possibe prior to the date required. Approva sha be in writing, stating the period of time off granted. When approva is granted, requests for identica time off sha be granted subject to the requirements of the service and seniority in the 8

14 cassification Procedures for time off of ess than one (1) fu shift wi be on the basis of first come first served TIME RECORD The Company wi post a isting on appropriate buetin boards showing the foowing information on a semi-annua basis for each empoyee in the ocation: -Location -Empoyee's Name -Empoyee's Number -Hoiday credits -Time Bank baance ARTICLE 10 - PROBATION An empoyee sha be considered a probationary empoyee during the first six (6) months since their ast date of hire and sha have no seniority rights. It is expressy understood by both parties that during the probationary period, an empoyee sha be considered on a tria basis and may be discharged at any time at the soe discretion of the Company, whether or not just cause exists, provided that such discharge was not effected arbitrariy, in bad faith, or for discriminatory reasons. Time worked as a temporary empoyee sha not be credited for purpose of competion of the probationary period. 9

15 ARTICLE 11 - SENIORITY, STAFF REDUCTION, RECALL Seniority, which wi ony be credited foowing the satisfactory competion of the probationary period, sha be determined, for the purposes of this Agreement, from the most recent date of empoyment with the Company. In the event two (2) or more empoyees have the same seniority date, the order of seniority of those empoyees sha be determined by ot SENIORITY LIST (a) The Company wi post a seniority ist for the empoyees in the bargaining unit twice a year during the month of February, no ater than the 28 th and the month of August, no ater than the 31 st. A copy of such ist wi aso be suppied to the Union. (b) (c) (d) An empoyee sha have thirty (30) days from the date of posting to chaenge in writing the seniority ist posted pursuant to (a), with respect to any adjustments to the previous posted seniority ist. A requests for correction sha be actioned by the Company in consutation with the Union District Chairperson within seven (7) caendar days of receipt. Foowing expiry of the said thirty (30) day time period for such chaenges and any adjustments made from the date of posting to chaenge in writing the seniority ist posted pursuant to (c), the seniority date of each empoyees sha be deemed to be concusive RETENTION AND ACCRUAL OF SENIORITY Seniority sha be retained and accrued during absence due to ayoff, strike or ock-out, sickness or accident, suspension without pay and authorized eaves of absence (except a ong-term persona eave of absence as defined in Artice (02) RETENTION AND NON-ACCRUAL OF SENIORITY Seniority sha be retained but not accrued when an empoyee is appointed to a job not covered by this Coective Agreement and during a ong-term eave of absence. Such empoyees wi have their seniority date adjusted and their position on the seniority ist atered to account for time during which seniority was not accrued. This adjustment and ateration wi occur at the time the empoyee resumes the accrua of seniority, or prior to the Company taking action which woud be affected had the adjustment or ateration aready occurred, whichever is the earier LOSS OF SENIORITY Seniority sha be ost, the empoyee's name removed from the ist and the empoyee considered terminated, if the empoyee: (a) (b) (c) vountariy resigns from the empoy of the Company; retires; is discharged and such discharge is not reversed through the grievance 10

16 procedure; (d) (e) (f) (g) (h) is absent from work for three consecutive working days during which the empoyee has not notified the empoyer without justifiabe reason; without justifiabe reason fais to return to work after being recaed from ay-off within the time imits prescribed under this Agreement; has been aid off for a period of more than eighteen (18) consecutive months; fais to return from an authorized eave of absence on the schedued working day next foowing the expiry of the eave or having stated the reason for a request for a eave of absence, utiizes the eave for a different reason; or engages in other empoyment during a eave of absence without permission being granted under the provisions of Artice STAFF REDUCTIONS Staff reductions sha be made within the Region by cassification, in accordance with the foowing procedure: (a) (b) within the Reservations Saes Agent cassification, in the event of a net reduction in the cassification, the most junior empoyee within the affected department sha dispace the most junior empoyee within the cassification, provided that the remaining empoyees have the necessary ski, abiity, quaifications, training and experience to perform the norma required work; staff reduction within any cassification sha be in inverse order of seniority, and the most junior empoyee within a cassification may dispace the most junior empoyee in the bargaining unit, provided the remaining empoyees have the necessary ski, abiity, quaifications, training and experience to perform the norma required work Empoyees wi be given written notice at east fourteen (14) caendar days in advance of ayoff RECALL Reca from ayoff within the region sha be according to the order of seniority within the cassification, provided the empoyee to be recaed has the necessary ski, abiity, quaifications, training and experience to perform the norma required work in a job to which he/she is being recaed When empoyees are recaed from ayoff they wi be notified by registered mai, copies to the Union The empoyee must advise the Company within forty-eight (48) hours of receipt of the notice, whether they wish to accept or decine the reca offer. Faiure to respond within the time imit wi resut in the empoyee being considered to have resigned Empoyees accepting reca wi report for duty on the date specified on the reca notice, which sha not be ess than seven (7) caendar days from the date of notice uness otherwise mutuay agreed. 11

17 Empoyees wi be considered as having terminated their service with the Company shoud they refuse a reca in excess of one hundred and twenty (120) caendar days. ARTICLE 12 - LEAVE OF ABSENCE AND SICK LEAVE LEAVE OF ABSENCE - GENERAL Any eave of absence granted in accordance with Company reguations and which is not provided for in this Coective Agreement sha be subject to the conditions of Artice The approva of a eave of absence wi not resut in any changes to approved vacation dates An empoyee returning from a eave of absence sha return to the ocation hed immediatey prior to the commencement of the eave, subject to Artice An empoyee who engages in other empoyment whie on eave of absence sha be terminated uness the empoyee has received specific permission for such from the Company and the Union Headquarters in writing. Requests for permission to engage in other empoyment whie on eave of absence sha be made in writing to the Company and to Union Headquarters PERSONAL LEAVES OF ABSENCE When the requirements of the Company permit, an empoyee, upon written request through the empoyee's immediate supervisor, may be granted a vountary eave of absence without pay. Requests for eaves of absence wi not be refused unreasonaby A persona eave of absence wi fa into one of the foowing categories: Short-Term More than thirty (30) caendar days but not exceeding one hundred and eighty (180) caendar days. Long-Term More than one hundred and eighty (180) caendar days When two (2) or more requests for eaves of absence cover a or part of the same period, they sha be considered in the order of short-term first in order of seniority among those on hand at the time of the request and then ong-term in order of seniority among those on hand at the time of the request If the empoyee wishes to return to work prior to the approved termination of the eave, the empoyee sha make the request to their immediate supervisor. The Company may authorize a return to work on the date requested or another day mutuay acceptabe to both Company and empoyee, or the Company may deny the request. When a eave of absence is terminated prior to the originay approved date, no other empoyee wi be dispaced. The Company wi advise the empoyee in writing of its decision on the request to terminate the eave During a short-term eave of absence an empoyee wi retain and accrue seniority and company service and wi retain a seniority rights. 12

18 During a ong term eave of absence, the empoyee wi retain but not accrue seniority and wi retain a seniority rights. Adjustment of the empoyee's seniority date wi be in accordance with Artice 11. Company service wi not continue to accrue during a ong term eave of absence Once approved, a eave may not be canceed PREGNANCY AND PARENTAL LEAVE Sha be granted and taken in accordance with the reevant provisions of the Ontario Empoyment Standards Act JURY DUTY OR WITNESS An empoyee wi be granted time off due to jury duty or in order to act as a witness in any inquest or court proceedings. If said empoyee receives any payment for such duties, he/she sha reimburse the Company with any equivaent amount up to the maximum amount received by him/her in this capacity for any day or fraction of day served and this, in compensation for the saary advanced to him/her notwithstanding his/her absence from work. The above mentioned conditions do not appy to an empoyee invoved personay in his/her own tria or court proceedings BEREAVEMENT LEAVE Each empoyee sha be granted bereavement eave with pay in the event of the death of a member of his/her immediate famiy on any of his/her norma working days that woud normay be taken during the four(4) working days immediatey foowing the death. One (1) additiona day with pay wi be provided if the empoyee is required to trave more than 500 km or when the empoyee attends the funera, handes estate matters, or is invoved in some other way. The company may request proof of death. Immediate famiy means: spouse and chidren, parents, sister, brother, grandparents and grandchidren of both the empoyee and spouse, and sha incude any reative permanenty residing in the empoyee's househod or with whom the empoyee resides An empoyee wi not be eigibe to receive bereavement pay under Artice if he/she is: - on an authorized eave of absence or - in receipt of hoiday, vacation, sick eave, short term disabiity or ong term disabiity payments In unusua circumstances where the deceased is not a member of the immediate famiy (e.g. guardian), time off with pay may be granted to a maximum of four (4) day subject to the approva of the Company Additiona eave without pay of seven (7) caendar days may be granted without reference to Artice SICK LEAVE Empoyees who have competed the probationary period sha be entited to one (1) day of sick eave credit for each fu month of active empoyment to a maximum of eight (8) days per fisca year. After the empoyee's first year, such sick eave credits sha be awarded at 13

19 the beginning of each subsequent fisca year. A day of sick eave credit sha be the equivaent of the empoyee's reguary schedued daiy hours Sick eave is ony to be used in the event that the empoyee is unabe to work as a resut of iness or injury. There wi be a no carry-over of sick eave credits from one year to the next The Company sha have the right to require a medica certificate where an empoyee is absent for three (3) consecutive days or onger and/or where patterned absences are present FAMILIY CARE LEAVE Empoyees wi be aowed four (4) days in each fisca year for the care of their sick or injured spouse, parents or chid. The empoyee s earned sick eave wi be reduced when he/she is absent up to a maximum of four (4) days eave per year. Misuse of famiy care eave wi be subject to discipinary action UNION LEAVE Empoyees who have been eected or appointed to carry out business authorized by the Union on a fu-time basis sha be granted a eave of absence for this purpose. The Union wi advise the Company of the name of such empoyee, the term of such eave and the specific purpose. Not more than one (1) empoyee sha be granted such a eave at any one time. The Union sha repay the Company for the Company s cost incurred in the Empoyee Benefit Pan and the empoyee wi continue to pay their contributions directy to the Company. Such empoyee sha continue to accrue service and seniority whie on union eave. ARTICLE 13 - STATUTORY HOLIDAYS The foowing hoidays, equivaent time off, or time credit wi be granted to a empoyees who have competed thirty (30) days empoyment: New Year's Day Good Friday Victoria Day Canada Day August Civic Hoiday Labour Day Thanksgiving Day Christmas Day Boxing Day Empoyees who work on any the hoidays sha be paid time and one-haf (1 ½) for a hours worked in addition to payment for hoidays isted in paragraph In addition, empoyees who work on the statutory hoiday wi be given a day in ieu on a day mutuay acceptabe to both parties and subject to operationa requirements. Working statutory hoidays sha be on a vountary basis. If there are no vounteers, empoyees sha be seected from those who woud normay be schedued in inverse order of seniority Hoidays which fa within an empoyee's vacation wi be handed in accordance with Artice An empoyee who has been on ay-off for two (2) weeks or more prior to a hoiday wi not be entited to hoiday benefits. 14

20 13.05 FLOATING HOLIDAY Empoyees who have been at the service of the Company for at east six (6) months of continuous service wi, in ieu of Remembrance Day, be aowed a foater hoiday as a paid vacation day. This foater wi be bid as a vacation day at the same time as the empoyee bids their reguar vacation but is not part of any form of payment upon departure of the empoyee from the Company. ARTICLE 14 - VACATIONS GENERAL Empoyees covered by this Agreement wi be granted vacation entitements as provided for in this Artice. Such vacation must be taken during the vacation year in which it is earned and may not be accumuated year over year or be paid in cash Vacation payment wi be made to empoyees in accordance with Artice If an empoyee's empoyment is terminated for any reason whatsoever, he/she wi be paid unused vacation pay accrued to his/her credit in accordance with the Ontario Empoyment Standards Act VACATION SCHEDULING The Company wi post, before October 1st of each year and unti October 15th, a ist on which an empoyee can designate their vacation preference. In designating their preference, the empoyee may indicate their first, second or third choices Empoyees who expect to be absent during the posting period may advise the Company, in advance and in writing, of their vacation preference(s). The Company wi note such empoyees and their indicated preferences on the ist when it is posted Empoyees who fai to indicate their vacation preference by October 15th wi be assigned dates after a other empoyees in that ocation who have compied have been assigned their dates The Company wi schedue vacations and wi consider an empoyee's wishes based on his/her seniority, however, the efficient operation of the Company's business wi be the controing factor No ater than November 1st the Company wi post the approved vacation schedue on appropriate buetin boards It is recognized by the parties to this Agreement that restrictions on the seection of vacation times may be necessary. Any restrictions on vacation dates must be decared by the Company prior to the empoyees seecting their dates The schedued days off of empoyees wi not be considered in the appication of restrictions SPLIT VACATION Empoyees may spit any/a of their vacation entitement. Empoyees who eect to spit their vacation wi indicate their intent to spit, together with the number of bocks and ength and seniority preference for each bock, at the time they seect their dates Vacation dates may be exchanged between empoyees providing at east seven (7) 15

21 caendar days notice and subject to approva of the company. In addition, shoud a vacation sot become avaiabe, at the company s discretion, the vacant vacation sot wi be posted and awarded based on seniority When an empoyee's vacation fas whie they are on sick eave, pregnancy eave, parenta eave or receiving disabiity benefits, or away due to jury duty or witness eave, the empoyee may eect to discontinue sick eave, pregnancy eave, parenta eave, disabiity benefits or time off for jury duty or witness eave and take the vacation as schedued. Aternativey, the empoyee may take vacation with pay, or any part thereof which is dispaced, at the concusion of sick eave, pregnancy eave, parenta eave, disabiity or jury duty or witness eave and prior to return to work or at such other time as may be mutuay agreed between the empoyee and the Company Notwithstanding the provisions of Artice 14.06, when an empoyee's dispaced vacation has not been taken as of December 31st of each year, the empoyee may eect to receive pay in ieu of that vacation upon return to work The empoyee sha advise the Company of their option prior to the commencement of the schedued vacation Entitement Empoyees sha be entited to vacation eave with pay. Such time away from work sha be granted in working days, excusive of hoidays, as provided in Artice 13, which may occur during the vacation period in accordance with the foowing and subject to Artice : Years of Entitement (as of January 1 st in every year) Less than one (1) year Entitement 1 caendar day for each fu month of continuous service up to a maximum of ten (10) working days % of Pay One (1) year but ess than five (5) 10 working days 4% Five (5) years but ess than ten (10) 15 working days 6% Ten (10) years but ess than twenty 20 working days 8% (20) Twenty (20) years and over 25 working days 10% When an empoyee reaches the required ength of service for additiona vacation entitement during the period January 1 December 31, the empoyee wi be granted the additiona entitement effective in their anniversary year. 4% For each hoiday isted in Artice 13 which fas within an empoyee's vacation period, the empoyee wi receive a day off with pay added to that vacation bock uness the empoyee eects for a credit of seven and one haf (7.5) hours for such day Empoyees on pregnancy eave or parenta eave sha not have their vacation entitement reduced for the foowing year providing such eave is in accordance with Artice Vacation pay wi be the appicabe percentage of reguar pay cacuated as though the empoyee had not been on eave. Any extension to pregnancy eave sha be subject to a prorated vacation entitement in accordance with Company reguations. 16

22 Empoyees who are recaed from ayoff wi have their vacation entitement prorated for the fisca year foowing reca in accordance with Company reguations. 17

23 ARTICLE 15 - GRIEVANCE PROCEDURE It is the desire of the parties to this Agreement that compaints or grievances be setted as prompty as possibe. This Artice is to provide for the prompt handing of such differences or disputes between the Company and any empoyee(s) coming specificay under this coective agreement concerning interpretation, appication or aeged vioation of this Agreement. Appeas from discipinary or discharge action wi be handed under the provisions of Artice If an empoyee has a compaint or if they beieve they have the basis of a grievance, they may have an informa discussion with their immediate supervisor at their ocation with a view to resoving the matter. If the empoyee fais to resove the matter, they may ask the Union to initiate a written grievance STEP 1 The Union sha have seven (7) caendar days after the aeged grievance has arisen, to fie a written grievance to the empoyee's Manager/Representative. Within seven (7) caendar days the Company and Union wi fuy discuss the grievance foowing which the Company sha have seven (7) caendar days to render a written decision. Faiing a satisfactory resoution, the grievance may be fied to Step STEP 2 Within fourteen (14) caendar days foowing the receipt of the written decision from Step 1, the Union may fie a written grievance to the Empoyee Reations Manager. The Empoyee Reations Manager sha schedue a meeting within fourteen (14) caendar days from the time the written grievance was received. The Company sha have fourteen (14) caendar days to render a written decision from the date of the meeting. Faiing a satisfactory resoution, the grievance may be fied to arbitration Notice to arbitrate sha be given within thirty (30) caendar days foowing receipt of the Step 2 decision Time imits may be extended by mutua agreement. ARTICLE 16 -DISCIPLINARY AND DISCHARGE ACTION AND APPEAL PROCEDURES This Artice is to provide for the procedures reating to discipinary and discharge action and the prompt handing of appeas No empoyee sha be discipined or discharged except for just cause Discipinary or discharge action wi not be initiated without prior discussion with the empoyee(s) regarding the facts reated to the case. At the commencement for the discussion, the empoyee(s) wi be advised of their right to have a union representative present When discipinary action is taken the empoyee sha be advised in writing. The advice sha inform the empoyee of the factua basis for such action, together with the empoyee's right to appea. 18

24 16.05 STEP 1 The Union sha have seven (7) caendar days after the grievance has arisen, to fie a grievance to Step 1. The Company sha have seven (7) caendar days to render a written decision. Faiing a satisfactory resoution, the grievance may be fied to Step STEP 2 Within fourteen (14) caendar days foowing the receipt of the written decision from Step 1, the Union may fie a written grievance to the Empoyee Reations Manager. The Empoyee Reations manager sha schedue a meeting within fourteen (14) caendar days from the time the written grievance was received. The Company sha have fourteen (14) caendar days to render a written decision from the date of the meeting. Faiing a satisfactory resoution, the grievance may be fied to arbitration If a decision rendered at the Step 2 eve is not satisfactory, the matter may be taken to arbitration in accordance with the provisions of Artice Notice to arbitrate sha be given within thirty (30) caendar days foowing receipt of the Step 2 decision CORRESPONDENCE A correspondence under this Artice sha be copied to the District Chairperson and the Union Headquarters A correspondence to an empoyee(s) concerning discipine sha remain on the empoyee's(s) personne fie for a period of two (2) years. ARTICLE 17 - ARBITRATION Any dispute not setted in Artice 15 or 16 may be submitted to arbitration and a hearing sha be hed and decisions rendered under the provisions herein set forth. The party requesting arbitration wi serve notice of intent to arbitrate to the other party in accordance with the disposition of Artice 15 or Any grievance not submitted within the time imits nor advanced by the grieving party within any of the time imits provided in the grievance procedure sha be deemed to have been abandoned. No matter may be submitted to arbitration which has not been carried through a the requisite steps of the grievance procedure. Where no answer is given within the time imit specified in the grievance procedure, the griever sha be entited to submit the grievance to the next stage of the grievance procedure A pane of arbitrators wi be mutuay agreed to by the parties An arbitrator sha be seected from the mutuay agreed-to pane. Each arbitrator wi be caed upon to act on a rotation basis The arbitration sha be hed in the city of Mississauga, Ontario or in another mutuay agreed ocation The arbitrator sha not have jurisdiction to amend nor add to any of the provisions of this Agreement, nor to substitute any new provisions in ieu thereof, nor give any decision inconsistent with the terms and conditions of this Agreement. 19

25 In the event that a grievance is submitted to arbitration in which the arbitrator has no power to rue, it sha be referred back to the parties without decision or recommendation on its merits The parties sha each pay one-haf of the remuneration and expenses of the arbitrator The time imits fixed in both the grievance and arbitration procedures may ony be extended by mutua written consent of the parties to this Agreement In the case of discharge grievance, an empoyee sha be requested to mitigate damages as fuy as possibe The arbitration award sha be binding on the parties to this Agreement and any empoyees invoved. ARTICLE 18 - UNION - MANAGEMENT RELATIONS COMMUNICATIONS IN WRITING A communications to an empoyee invoving any of the foowing sha be in writing and copied to the Union District Chairperson: ay-off and reca: ong term eaves of absence; and termination; additionay, a correspondence under Artice 15 and 16 sha be copied to the Union District Chairperson UNION-MANAGEMENT COMMITTEE It is recognized that meetings between the Company and the Union are essentia to the maintenance of good empoyee-empoyer reations and the estabishment of mutua confidence and trust A Union-Management Committee wi be estabished to promote better communications, mutua respect and understanding between the Company and its empoyees, to discuss ways and means of improving working conditions, methods, operating efficiency, maintenance of good morae and to provide for advance discussion of other changes affecting the work or working conditions of empoyees The Union-Management Committee wi be comprised of the Union District Chairperson and not more than two (2) other representatives of the Union, and those members of management designated by the Company Committee meetings wi be hed at east semi-annuay on the second Tuesday in May and October uness mutuay agreed otherwise. The committee sha ensure that minutes of each meeting are kept and approved TIME OFF - UNION BUSINESS It is agreed that Union representatives wi be granted reasonabe time off to carry out their functions. This time wi be aowed as prompty as possibe consistent with the requirements of the service. In order to faciitate this process it wi be the obigation of the Union representatives to afford as much notice as possibe of such needs and to cear their activities both with their own supervisors and with the supervisors of the empoyees invoved in any probem situation. 20

26 Where Union Headquarters requests time off for empoyees to attend pre-schedued educationa training, the Company sha, subject to the requirements of the service, ensure those empoyees so designated wi be reeased from duty. Union Headquarters sha request such time off at east one (1) week prior to the time being requested from the Company at the Headquarters eve The Union sha be bied for the time off except in those cases where the Company has agreed to absorb certain costs. In either case, the empoyees invoved in this activity are not debited or removed from the payro. The biing to the Union sha be the houry rate of pay for the empoyee invoved times the number of hours taken as time off, and the benefit premium costs for the empoyees invoved on a pro rata basis The Company sha pay the cost of time off for one (1) Bargaining Committee member for time spent in direct negotiations. In addition, the Company sha pay the cost of time off for a second Bargaining Committee member up to a maximum of five (5) days A time spent at grievance meetings with management, hed during reguar schedued working hours, sha be paid for by the Company The Company wi provide for a one (1) hour orientation period for addressing new empoyees at training sessions Once every year, the Company agrees to give the Union Chairperson five (5) days guaranteed time off with pay for the purpose of attending CAW meetings Buetin boards The Company wi provide the Union with one (1) buetin board at each ocation for the posting of officia Union notices. Ony notices that are signed by a Union officia wi be posted on the buetin board PAID EDUCATION LEAVE AND SOCIAL JUSTICE FUND The Company agrees to pay into a specia fund, estabished by the Union two thousand doars ($ ) per year for the purpose of providing paid education eave. Such paid education eave wi be for the purpose of upgrading the empoyees skis in a aspects of Trade Union functions. Such monies wi be paid into a trust fund estabished by the Nationa Union, CAW and sent on September 1 st of year by the Company to the foowing address with cheques made payabe to the CAW Leadership. Training Fund: CAW-Canada PEL Fund, 205 Pacer Court, Wiowdae, Ontario M2H 3H9 Socia Justice Fund The company agrees to contribute one thousand ($ ) to the CAW Socia Justice Fund. The fund is a registered non-profit charity which contributes to Canadian and internationa non-partisan, non-governmenta reief and deveopment organizations. Such monies are to be paid on a yeary basis, September 1 st of each year, into the fund estabished by its Board of Directors and sent by the Company to the foowing address: C.A.W. Socia Justice Fund 205 Pacer Court Wiowdae, Ontario M2H 3H9 21