February 1, January 31, 2017 C O L L E C T I V E A G R E E M E N T BETWEEN CONAGRA DMAT ULC A SUBSIDIARY OF CONAGRA FOODS CANADA INC.

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1 February 1, January 31, 2017 C O L L E C T I V E A G R E E M E N T BETWEEN CONAGRA DMAT ULC A SUBSIDIARY OF CONAGRA FOODS CANADA INC. Wellington Street, Dresden, Ontario AND UNIFOR and its LOCAL 580 hereinafter called "The Union" and its Local

2 I N D E X ARTICLE PAGE 1. Recognition Management Function Discrimination and Anti-Harassment Grievance Procedure Discharge and Discipline Arbitration Seniority Job Posting Bulletin Boards Strikes and Lockouts Leave of Absence General (Statutory) Holidays Vacations Hours of Work Reporting and Call-in Allowance Jury Duty Bereavement Pay Health and Safety General Union Security and Check-Off Plant Committee Technological Change Wages Health and Welfare Education Leave Shift Differential Duration of Agreement Appendix "A" Appendix "B" Appendix "C" Appendix "D" Appendix E Letters of Understanding : Re : Cost of Living Allowance Agreement Freeze Re : Substance Abuse... 38

3 Re : Pension Plan Document Re : Apprenticeship Program Re : Distinction between Skilled Trades Duties and Production Duties Re : Job Posting Re : Severance Re : Women s Advocate Re : Harassment Discrimination Workplace Violence. 47 Re : Pension Plan Matters Re : Employee Assistance Program Re : Health and Welfare Article 24.5 Clarification Pension Benefits... 53

4 BETWEEN: CONAGRA DMAT ULC A SUBSIDIARY OF CONAGRA FOODS CANADA INC. DRESDEN PLANT Wellington Street DRESDEN, Ontario (hereinafter referred to as "The Company") AND UNIFOR AND ITS LOCAL 580 (hereinafter referred to as "The Union") PURPOSE The purpose of this Agreement is to provide and maintain a harmonious relationship between the Company and the Union. To provide a procedure for the prompt and equitable disposition of alleged grievances; to establish mutually satisfactory working conditions; hours of work and rates of pay for all employees who are subject to the provisions of this Agreement. ARTICLE 1 - RECOGNITION 1.1 The Company recognizes that it is the right of the Union to act as sole and exclusive bargaining agent for all hourly rated employees of the Company in its Dresden plant, save and except supervisor, office and sales staff, non-seniority employees, security staff, nurses, and persons excluded from the unit by the terms of the Labour Relations Act, 1995, as amended from time to time. 1.2 It is agreed however, that where a member of the bargaining unit is temporarily assigned to the security function, the provisions of this agreement shall apply. ARTICLE 2 - MANAGEMENT FUNCTION 2.1 The management of the plant and the direction of the working forces, including the right to direct, plan and control plant operations, and to schedule working hours and the right to hire, promote, demote, transfer, suspend, discharge, release or lay off employees, or the right to introduce new and improved methods or 1

5 facilities, and to manage the plant in the traditional manner, is vested exclusively in the Company. The exercise by the Company of any of the foregoing rights shall not alter any of the specific provisions of this Agreement, including the right of the employee to grieve as hereinafter provided. ARTICLE 3 - DISCRIMINATION AND ANTI-HARASSMENT 3.1 The Employer, the Union and the employees agree that every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status, or handicap as these terms are defined by the Human Rights Code, as amended from time to time. 3.2 The Company and the Union are aware of the provisions of the Human Rights Code, as amended from time to time, and that the working environment should be free from discrimination and harassment. Both parties agree to deal effectively with any incidents or situations that come to their attention in which such treatment is alleged. ARTICLE 4 - GRIEVANCE PROCEDURE 4.1 Should any dispute arise out of the interpretation, application, administration, or alleged violation of this Agreement between any bargaining unit employee and the Company, it shall be settled in accordance with the following procedure: 4.2 The Company will provide a suitable place, as specified to the Union Plant Committee, for the discussion of grievances between an employee and his/her Committeeperson. It is understood that both the Committeeperson and the employee must first obtain permission from his/her respective supervisor before meeting to discuss a grievance. 4.3 Step 1: The aggrieved employee, with his/her Committeeperson shall within five (5) working days after the occurrence of the incident which gave rise to the complaint, discuss his/her complaint with his/her supervisor and they shall make every effort to settle it. If it appears that no settlement can be reached the employee shall through his/her Committeepersonn and within two (2) working days of the meeting with the supervisor, submit to the supervisor, in triplicate on forms adopted by the Union and the Company, a written statement of the grievance, including a statement of the facts upon which the grievance is based and the remedy of correction requested. The supervisor will write his/her answer on all three copies within two (2) working days. 4.4 Step 2: Failing settlement at Step 1, the employee and the Committeeperson shall within three (3) working days submit the grievance, duly signed and dated, 2

6 to the Plant Superintendent. The employee, the Committeeperson and the Chairperson of the Plant Committee, shall within five (5) working days meet with the Superintendent, and if available the Plant Manager to discuss the grievance and make every reasonable effort to settle it. The Company will write its answer on all copies of the grievance form within two (2) working days. Failing settlement at Step 2 the grievance shall be submitted to the next step. 4.5 It is understood that after Step 2 and within three (3) working days of such failure to settle either party may request an additional meeting with the Plant Manager, Plant Superintendent, the Committeeperson, and the Chairperson of the Plant Committee to try to resolve the grievance. The Company will write its answer on all copies of the grievance form within one (1) working day. If this additional meeting fails to settle the grievance, the Union will submit the grievance to Step Step 3: Failing settlement at Step 2 or 4.5, the full and circumstantial account of the difference shall be discussed at a meeting between the Plant Committee, the National Representative, and if either party should so require, the Union Regional Director and the Company representatives, within five (5) working days or such time as may be mutually agreed and they shall make every reasonable effort to settle it, and the Company representatives shall give their answer in writing within five (5) working days. 4.7 The grievances which have not been settled by the procedure outlined above, may be submitted to Arbitration for settlement, but not later than ten (10) working days after Step 3 above. 4.8 In case of failure of the Company to answer a written grievance within the specified time limit, in any of the steps listed above, the Union shall then carry the grievance to the next step of the grievance procedure. When an agreement has been reached at any stage of the grievance procedure, it shall be final and binding. If no further action is taken by the party submitting the grievance within the time limits set out in the above procedure, the grievance shall be deemed to have been withdrawn without prejudice to any other grievance that may be submitted in the future on the same or similar subject matter. The time limits referred to in the grievance procedure may be extended by mutual agreement. 4.9 When the Company has a grievance which it wishes to take up with the Union, it shall be presented in a meeting with the Plant Committee, and such a meeting shall be equivalent to the second step (Article 4.4) of the grievance procedure outlined above When the Union feels it has a general or policy grievance affecting two (2) or more employees, it shall be presented by the Plant Committee in a meeting with the Company Representatives, as noted in Article 4.4 and such a meeting shall be equivalent to the second step (Article 4.4) of the grievance procedure outlined above. 3

7 4.11 The Union or employee may submit a grievance on behalf of a laid off employee in matters dealing solely with lay-off or recall providing the affected employee is on a lay-off of longer than five (5) working days. Such a grievance shall be equivalent to the first step of the grievance procedure. ARTICLE 5 - DISCHARGE AND DISCIPLINE 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either 4

8 uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline. ARTICLE 6 - ARBITRATION 6.1 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this Agreement, notify the other party, in writing, of its desire to submit the difference or allegation to arbitration, and the notice shall contain a statement of the section(s) of the Agreement claimed to have been violated. The notice of intent to Arbitrate, shall contain a list of five (5) Arbitrators for consideration. Within five (5) working days from the receipt of the list of recommended Arbitrators, the other party will either accept one (1) Arbitrator from the list, or submit a list of five (5) Arbitrators to the aggrieved party for consideration. If no single Arbitrator can be agreed on from this list, within ten (10) working days, either party may request the Ontario Minister of Labour to appoint an Arbitrator. 6.2 Each of the parties hereto will bear the expense of the Arbitrator appointed by it. 6.3 The Arbitrator shall not be authorized to alter, modify, or amend any part of this Agreement, nor to make any decision inconsistent with the provisions thereof, or to deal with any matter not covered by this Agreement, or any matter which does not involve the interpretation, application, administration, or violation of this Agreement, and shall be bound by the provisions of the Agreement. ARTICLE 7 - SENIORITY 7.1 Upon completion of 90 consecutive working days; or 90 cumulative working days within a twelve (12) month period the employee's surname will be placed upon the seniority list in order of first date of hire during the period in which 5

9 seniority was attained. Where two or more employees attaining seniority were hired on the same day, their seniority shall be governed alphabetically according to the original surname under which they were hired. 7.2 For the purpose of this Article, "regular employee" shall refer solely to those employees in the Bargaining Unit whose employment: (a) is considered or expected to be on a 52 weeks-a-year basis; or (b) is such that an employee completes 39 weeks, which must amount to 195 full days' service with the Company in a 12 month period. 7.3 The seniority of any employee shall be considered broken, all rights forfeited, and there shall be no obligation to rehire, when he/she: (a) Voluntarily terminates his/her employment with the Company. (An employee who is absent for five (5) consecutive working days without legitimate reason, or without first receiving permission from the Company, may be considered to have left the Company's service of his/her own accord). (b) (c) Is discharged, and the discharge is not reversed through the Grievance Procedure. Fails to return to work when recalled or cannot be located after reasonable effort on the part of the Company. The present method of contact by telephone, or, if unable to contact by telephone, notice (a copy of which shall be given to the Plant Chairperson), mailed to the last known address of the employee, shall constitute a reasonable effort on the part of the Company. If within five (5) working days of notice having been mailed to him/her by certified post to his/her last known address shown on the Personnel Office records, the employee fails to report for duty or to make arrangements with the Company to report within seven (7) working days, the Company shall be entitled to assume that the said employee has voluntarily forfeited his/her right to return to the Company's employ. In urgent cases, however, where it is necessary to secure workers, the Company, if unable to contact the seniority eligible employee by telephone, after reasonable effort, may recall the next seniority employee and so on down the list until the vacancy is filled. Employees recalled under such circumstances shall retain the positions to which they are appointed until the senior eligible employee is available. Provided the employee with whom the Company was unable to communicate in time and to whom a notice has been mailed to his/her last known address (a copy shall be given to the Plant Chairperson), advises the Company within five (5) working days of the mailing of such notice of his desire to return to the Company's employ, he/she shall retain his/her seniority. 6

10 The Company agrees to allow a Stationary Engineer who is on lay-off and who is working as a Stationary Engineer with another employer, a maximum of ten (10) days to return to work from the date such notification to return to work is given. (d) Has not been called back for work within twenty-four (24) months of his/her last lay-off. Thirty-six (36) months for those employees with service of more than five (5) years. Eligibility for Employee Benefits while not actively working is defined under the collective agreement, pension eligibility is defined in the plan document. Credited service for vacation purposes is not given should the lay-off exceed twelve (12) months. 7.4 An employee transferred to Dresden factory payroll from another factory shall do so as a non-seniority employee. 7.5 Employees who presently hold or are hereafter promoted to positions in the Company outside the Bargaining Unit will be given recognition of the seniority that they had in the Unit at time of transfer to such position. The exercise of such seniority shall not be used to permit the annual return of such employees to the Bargaining Unit, nor shall it be used to cause the demotion or lay-off of a seniority employee. 7.6 In cases of lay-offs, recalls, promotions, demotions (except where a demotion is the result of disciplinary action), the following factors shall be considered by the Company: (a) Seniority (subject to Article 7.7). (b) Basic qualifications and ability to perform the work. When factor (b) is relatively equal, factor (a) shall govern. 7.7 When it is necessary to reduce the working force, employees will be laid off in the following sequence: 1. Non-seniority employees who have worked less than ninety (90) working days in a twelve month period. 2. Non regular status seniority employees. 3. Regular status employees excluding those holding positions on the Classified Job List. 4. Regular status employees holding positions on the Classified Job List. Employees with less service will be laid off first provided always that the most senior people can do the work available. Recall shall work in reverse order. It is understood that seniority employees may be required to carry out any function of the operation as directed. 7

11 When a seniority employee is temporarily transferred to a higher paying job for the convenience of the Company for a period of at least seven and one half (7 ½ ) hours of work within two (2) consecutive work days, he/she shall receive the higher rate for all such hours worked. When an employee performs the work of a classified job for two (2) hours, or greater, he/she will be paid the classified job rate for the duration of the shift. 7.8 After completion of the final fresh pack of the season, seniority employees occupying positions on the Classified Job List will be entitled to a minimum of fourteen (14) days' notice of lay-off. All other seniority employees will be entitled to two (2) days' notice. During the intermittent schedule, seniority employees will be provided with one (1) days' notice of lay-off. In case the stipulated notice is not given, the employee will receive pay in lieu of notice. It is understood that those employees who are classified in the position of Warehouse Attendant will be eligible for one (1) days notice of lay-off at all times. 7.9 The Company will post a revised seniority list on November 30, February 28, May 31, August 31 each year, a copy of which will be furnished to the Plant Chairperson When, during an employee's regular shift, his/her job is shut down prior to the completion of their full shift, the Company will assign the employee with the highest seniority to the remaining jobs within the plant providing he/she can do the work available The Plant Chairperson will be notified in advance, in writing, of recalls and layoffs at the start and finish of each fresh pack Where a temporary shortage of work within a department results in the temporary transfer of a seniority employee in a classified job to another department, such temporary transfers will be divided as equally as possible between employees within each classification, provided always that they are able to perform the work to which they will be assigned Whenever there is a shortage of fresh produce arriving at the plant for any reason, then any resulting lay-off/recall of employees will be determined in accordance with seniority of employees on their scheduled shift. This provision shall not apply to employees who hold classified positions At the conclusion of the pack season employees performing the work of Control Room Operator, Evaporator Operator, Bag Filler Operator, Washer Attendant 8

12 and Lift Truck Operator in the Evaporator Area shall continue to perform such work, irrespective of seniority, when the Evaporator continues to operate Any periods of time in which duties associated with the set up and operation of the field irrigation system are required, the employee assigned to carry out such duties shall maintain his/her position, irrespective of seniority, provided this employee has seniority. ARTICLE 8 - JOB POSTING 8.1 When it is necessary to fill a position on the Classified Job List, it shall be posted for five (5) working days to give seniority employees an opportunity, during those days, to apply for such position. The job posting will include a brief description of the principle duties. The successful applicant shall be notified within ten (10) working days of the removal of the posting and shall receive the appropriate rate for the new position, whether performing the functions of the new position or not from date of notification. In considering applicants for the posted position, the Company agrees to the following: A. Skilled Classifications, Trainees, Group Leaders: I. Where two or more applicants are equally qualified, seniority shall be the governing factor. Applies to Classes 4 in production and Class 1, 2 and 3 in Skilled Trades. II. In attempting to fill a skilled position from outside the Bargaining Unit, the Company agrees not to hire below the fourth (4th) stage of the training programme. In all other trainee postings, the Company will make selections on qualifications and seniority. B. All other Classifications (1, 2 and 3): The successful bidder will be selected on the basis of seniority, basic qualifications and the ability to perform the job. The vacancy resulting from filling the position first posted, if to be filled, shall also be posted. If a subsequent vacancy, if to be filled, occurs from the filling of the second vacancy, it shall also be posted. Any subsequent vacancy caused by the filling of the first three (3) shall not be a vacancy for the purpose of this clause. An employee who applies for a posted job, and is accepted may not apply to fill a posted position within six (6) months unless the position is within the direct line of promotion within his department. A classified job that is temporarily vacant, due to sickness, injury, or leave of absence, may be filled at the Company's discretion, without job posting, for a period of up to thirty (30) days. After thirty (30) days the company will temporarily fill the vacancy, providing there is work available in that classified job, and the employee will be paid the rate as specified 9

13 under Article 8.3, providing a qualified individual is available. (Preference will be given to the most qualified senior person). 8.2 The optimum number of employees in each job on the Classified Job List is shown under 8.4. The Company agrees that no employee will be employed in a similar seasonal job unless the job on the Classified List has been posted in order to reach the optimum number. If a posted position remains vacant, and at a later date the Company decides to fill that position, it will be re-posted if more than sixty (60) days have elapsed since the position was last posted. 8.3 Whenever the Company establishes a new job within the classified job structure, the Company and the Union will meet for the purpose of negotiating a classification for the new job. Any employee temporarily placed on a new job classification prior to a rate being established shall receive his/her present rate of pay for all hours worked within the new classification. In the event that a higher rate of pay is established for such job, the employee shall be reimbursed for the difference in the rates. The new classification shall be placed in the Classified Job List and the position shall be posted in accordance with Article 8 hereof. When the Company increases the optimum number of any classification, Article 8.1 shall apply. 8.4 CLASSIFIED JOB TITLES Optimum Number Class Title Required 4 Can Room Group Leader 1 Shipping Group Leader 1 Preparation Group Leader 1 Label Line Group Leader 1 Cookroom Group Leader 1 QC Group Leader 1 3 Cook Room Attendant 0 Receiver 1 Preparation Attendant 5 Label Line Operator 3 10

14 2 Lift Truck Operator 7 Truck Driver/Skilled Trade Assistant 1 1 Label Machine Attendant 3 Janitor 1 Warehouse Attendant 6 ARTICLE 9 - BULLETIN BOARDS 9.1 The Company agrees to furnish four (4) bulletin boards upon which notices of official Union business may be posted. Notices posted on these boards must be signed by the Chairperson of the Plant Committee and approved and initialed by the Plant Manager before posting. The Union agrees to keep these Bulletin Boards clean, tidy and up-to-date. 9.2 Company will provide a bulletin board for general notices. Notices posted on this board must be approved by the Company. ARTICLE 10 - STRIKES AND LOCKOUTS 10.1 The Company agrees that there will be no lockouts and the Union agrees that no official of the Union, nor any employee, will call, sanction, encourage or participate in any strike, sit-down, slow-down, employee demonstration, or any other organized or concerted interference with work during the term of this Agreement. Any individual causing, or taking part in any action contrary to the provisions of this Section, shall be subject to disciplinary action, up to and including discharge. ARTICLE 11 - LEAVE OF ABSENCE 11.1 In all cases of absence, an employee must secure a leave of absence from the Company The Company will authorize all reasonable requests for leave of absence. All applications for leave of absence of more than seven (7) days, must be made in writing, at least two weeks prior to such requested leave unless the circumstances or emergency requiring such leave would not allow for such a notice period, and in no case will a leave of absence be granted for an initial period of more than one (1) month. The Company reserves the right to limit such authorization to emergencies only, during the period July 1st to October 15th Employees selected or appointed to do business for the Union shall be granted the necessary leave of absence to attend such business, provided the employee gives at least one week's written notice to the Company and provided that this leave of absence if not requested during the period between August 1st to 11

15 October 15th. The Company may, however, during this period, grant a leave of absence to one member of the Plant Committee for such purposes. The Company reserves the right to limit leaves of absence to one (1) person in any particular work area in order to maintain an efficient work force. An employee shall continue to accumulate seniority during his/her absence and shall be reinstated in the job he/she held before his/her absence or its equivalent at the same rate of pay, providing always that his/her seniority standing entitles him/her to one of the jobs available. Special meetings and conferences, etc., shall not require notice in writing, but it is understood that the Union will give as much notice as is reasonable and will not request leaves of absence for such purpose during the period August 1st to October 15th. An authorized leave of absence may also be granted for an initial period of one (1) year to an employee accepting a permanent position with the Union, subject to renewal upon proper application. Upon return the employee will be eligible for reinstatement subject to the conditions as stated above. The Company agrees to pay employees on behalf of Unifor for lost time earnings while absent on approved Union Business. Unifor will reimburse the Company for all costs incurred An employee with seniority who is unable to work because of an accident or sickness requiring a doctor's care will automatically be granted leave of absence. If required by the Company, an employee must support his/her leave of absence by proper medical evidence. In cases where the employee has been absent in excess of one (1) month on account of illness or where the employee expresses a desire to return to work, the Company may require the employee to be examined by an independent medical doctor. An employee shall continue to accumulate seniority during his/her absence and upon given the Company five (5) days' notice of his/her desire to return to work, shall be reinstated in the job he/she held before his/her absence (or its equivalent) providing always that he/she is medically fit to perform the work required of him/her and that his/her seniority and ability entitles him/her to one of the jobs available Any employee who has received a leave of absence and accepts other employment during such leave of absence without the consent of the Company shall be subject to discharge. Any employee requesting a leave of absence to take employment elsewhere must first receive permission from the Company. It is agreed that leaves of absence shall not be granted where they conflict with the scheduled vacation of other employees Employees submitting written requests for leave of absence shall receive a response from the Company prior to the start of the leave. In the event the 12

16 Company does not respond to a written request for a leave of absence it shall be deemed approved Pregnancy leave, adoption leave, and parental leave will be granted in accordance with the provisions of the Employment Standards Act, 2000, as amended from time to time. In the case of pregnancy leave, a request for an extension of such leave will be granted for a period of up to six (6) months if prescribed by the attending physician, and in such case she will be subject to the provisions of 11.4 of this Article. ARTICLE 12 - GENERAL (STATUTORY) HOLIDAYS 12.1 Employees, with seniority, shall be paid for the following Statutory Holidays: Year Year Year Good Friday Apr 18 Apr 03 Mar 25 Victoria Day May 19 May 18 May 23 Canada Day June 30 (Mon) June 29 (Mon) July 01 (Friday) Civic Holiday Aug 04 Aug 03 Aug 01 Labour Day Sept 01 Sept 07 Sept 05 Thanksgiving Day Oct 13 Oct 12 Oct 10 Remembrance Day Nov 11 (Tues) Nov 11 (Wed) Nov 11 (Friday) Christmas Day Dec 25 (Thur) Dec 25 (Fri) Dec 26 (Mon) Day after Christmas Dec 26 (Fri) Dec 28 (Mon) Dec 27 (Tues) Day before New Years Day Dec 31 (Wed) Dec 31 (Thur) Dec 30 (Fri) New Years Day Jan 01 (Thur) Jan 01 (Fri) Jan 02 (Mon) Day after New Years Day Jan 02 (Fri) Jan 04 (Mon) Jan 03 (Tues) In addition to the above Statutory Holidays, employees with seniority will be entitled to one further Statutory Holiday to be taken at a time other than the pack period and before the end of the current calendar year. The date of this Holiday will be an individual option and each eligible employee will make his/her own arrangements with the Company. Employees must meet the following eligibility requirements: (a) The employee must have attained seniority in accordance with Article 7. (b) The employee must have worked his/her last scheduled day before the holiday and this day must fall within seven (7) working days of the holiday. In the event that the employee is laid off more than seven (7) working days before the holiday, he/she must have been recalled to work and have worked his/her first scheduled day following recall and this day must have been within seven (7) working days following the holiday. OR 13

17 The employee must have been absent due to illness or injury and be receiving benefits under the Disability Wage Plan (or have exhausted such benefits not more than one month prior to the observance of the Holiday) or on approved leave of absence or bereavement leave as defined in Article 17. (c) During the months of December and January change the above seven (7) days to read three (3) days for all non-classified seniority employees An employee who qualifies for Statutory Holiday pay shall receive eight (8) hours pay at his/her regular hourly rate for each holiday or the equivalent hours worked, whichever is the greater An employee who works on one of the holidays listed in Section 12.1 shall receive holiday pay in accordance with Section 12.2 in addition to pay at time and one half his/her regular hourly rate for all hours actually worked Stationary Engineers working a twelve (12) hour shift on a statutory holiday will be paid 1 ½ their normal hourly rate of pay for all hours worked on the statutory holiday. Should an employee elect to take a day in lieu for working the statutory holiday, they will be paid at their regular rate of pay when working the statutory holiday and not 1 1/2 as noted above. Requests for the day off in lieu must be made in writing and must have a minimum of fourteen (14) day advance notice and must be taken within six (6) months of the statutory holiday worked. Such requests must not unreasonably be withheld. No requests for days off in lieu will be allowed during tomato pack season. When working a twelve (12) hour shift schedule and one of the following eight (8) Public Holiday's (New Years Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day) falls on an employees normal day off, the employee will be paid twelve (12) hours pay at their regular hourly rate as compensation for the Public Holiday. AlI other recognized holidays will be compensated at eight (8) hours regular rate of pay. ARTICLE 13 - VACATIONS 13.1 Regular status employees shall be entitled to an annual vacation with pay as follows: 2 weeks after 1 year - 4% 3 weeks after 5 years - 6% 4 weeks after 11 years - 8% 5 weeks after 18 years - 10% 6 weeks after 24 years - 12% The above percentages are paid on the total yearly earnings of the previous calendar year. 14

18 13.2 Regular employees must complete consecutive and full years of service and the above vacation schedule is paid yearly on or after their anniversary date of employment So as not to interfere with essential work or production, the Company agrees to allocate vacation times with seniority as a guiding factor. Employees requesting consecutive weeks of vacation during the months of June, July and August shall not be unreasonably denied. Employees requesting vacations during the period June, July and August shall receive the Company's approval or disapproval six (6) weeks prior to the requested start of the vacation providing this request is made in writing at least eight (8) weeks prior to the requested start of the vacation. ARTICLE 14 - HOURS OF WORK 14.1 This Article provides the basis for the calculation of payment for overtime. Overtime shall be paid to regular status employees and to seniority employees after the following scheduled hours have been worked (a) Time and one-half (1½) the regular hourly rate shall be paid for: 1. All hours worked over eight (8) hours in any one day. 2. All hours worked over forty (40) in any one week. 3. All hours worked on shifts commencing on Saturdays. (b) Two times (2) the regular hourly rate shall be paid for: 1. All hours worked on shifts commencing on Sunday. 2. All hours worked over eight (8) hours on a Saturday. (c) The Company will commence the work week as of 11:00 p.m. Sunday night with the understanding that for overtime purposes that shift will be considered Monday, and the provision of Article 14.2 (b) (1) shall not apply. The shift commencing 11:00 p.m. on Friday night will be considered Saturday and Article 14.2 (a) (3) will apply. It is, of course, understood that it is the sole right of the Company to determine the starting time of the work week and all work schedules it requires 14.3 Notwithstanding sub-section 14.2 above, and owing to the seasonal nature of the Company's operations during the period when the Company is engaged in the processing packing of Tomato products, time and one-half (1½) the regular hourly rate shall be paid for all hours worked on shifts commencing on Sunday and double (2) time for all hours worked over eight (8). 15

19 14.4 An employee may be excused working overtime provided there is a less senior qualified employee available The Company shall give all seniority employees notice of Saturday and/or Sunday overtime work, by posting a notice of such overtime work at 12:00 noon on the preceding Thursday The Company agrees that no employee shall be laid off during his/her regular working hours to equalize any overtime the employee has worked the same week Operating Engineer 12 hours shift The Company agrees to maintain the current four (4) man schedule twelve hour shift in accordance with the Technical Standard and Safety Authority of Ontario. Either party may cancel this agreement upon thirty (30) days written notice. The work week for Stationary Engineers will be Monday 7:00am to Monday 7:00am. During the period of scheduled vacation and/or any other absence such as sickness, holidays, accident or authorized leave, the Company, at its discretion, may suspend the twelve (12) hour shift schedule in favour of the former eight (8) hour shift schedule in accordance with the provisions of the collective agreement. For the purpose of determining hours of work and entitlement to overtime payment under this agreement, it is understood that while operating on a twelve (12) hour shift basis, overtime will be paid after twelve (12) hours per day or after 168 hours per four (4) week cycle. Other than for emergency situations, Stationary Engineers will not be required to work more than sixty (60) hours in a seven (7) day period. ARTICLE 15 - REPORTING AND CALL-IN ALLOWANCE 15.1 A seniority employee reporting for work as scheduled, unless given notice eight (8) hours prior to reporting, but for whom no work is available will be offered at least four (4) hours' work in any available job at his/her regular job rate, or at the Company's option, will be paid a minimum of four (4) hours at his/her regular rate of pay. Any training session offered by the Company will result in four (4) hours pay or an offer of four (4) hours of work. Stationary Engineers Reporting Allowance: If an employee reports for a regular shift and no work is available, he shall be paid a minimum of four (4) hours at 16

20 straight time rates except where the work is not available for reasons outside the control of the company It is understood that Article 15.1 shall not apply if: (a) Work is not available because of conditions over which the Company has no control such as fire, storm, flood, failure or insufficiency of electrical or other power. OR (b) Weather conditions which prevent the mechanical harvesting of fresh product. During the Tomato Pack Season, when the operation is shutdown as per Article 15.2, the first 24 hours the Plant will be staffed using departmental seniority by shift. Shutdowns exceeding 24 hours shall be crewed by plant wide seniority by shift. The exceptions to the above include employees working in the evaporator area and employees performing associated duties and activities Seniority employee(s) reporting for work as scheduled, unless given notice not to report, and who commence work will be offered employment in any work available at their regular hourly rate until the first major shift break. In no event will this be less than the provisions of For the purposes of recall, 2:00 p.m. will be the deadline for contacting the appropriate seniority personnel for the next day's schedule. Prior to Plant personnel making their last attempt to notify the required people, a committeeperson (Plant or Office) or in their absence a Classified employee will be asked to be present for that call. For the purpose of recall, the appropriate seniority personnel will be initially contacted for the next week schedule by 3:00pm Thursday. The list of seniority personnel called will be verified by a secondary person When an employee with seniority is required to report for emergency work at a time other than his/her regular working hours he/she shall be paid at his/her straight time rate or the appropriate overtime rate covered in Article 14 and will not receive less than the equivalent of four (4) hours pay at time and one-half (1½) their normal straight time rate. It is understood that the employee will be required to perform only the emergency work for which he/she was called in When an employee is called in after 2:00 am and the employee works eight (8) hours, the employee will receive eight (8) hours pay at his/her normal straight time hourly rate and four (4) hours pay at time and one half (1 ½) his/her normal straight time hourly rate. 17

21 15.7 Whenever an employee fails to show up for work on midnight, the Supervisor will attempt to call in a qualified employee who is on lay-off from the annual emergency call in list. The Supervisor will call a maximum of three (3) employees from the list and if he/she is unable to get a qualified employee, the Supervisor may assign the work to a qualified employee currently working on the shift in question if deemed necessary. A Union Steward or alternatively a classified employee shall be present when phone calls are made. ARTICLE 16 - JURY DUTY 16.1 In the event of an employee, with seniority, being called for jury duty, or subpoenaed as a witness (exclude if requested by the union), the Company agrees to pay the employee earnings calculated at eight (8) hours (or 12 hours, if applicable) pay at his/her regular hourly rate for each working day involved minus any amount that may be paid by the Crown as a fee. ARTICLE 17 - BEREAVEMENT PAY 17.1 All employees with seniority shall be entitled to up to three (3) consecutive working days off with pay in the event of death in the immediate family. Immediate family shall mean: Mother, Father, Mother-in-law, Father-in-law, Husband, Wife, Same Sex Partner, Brother, Sister, Sons and Daughters, Grandparents, Step-parents, Step-sons and Step-daughters, Spouses grandparents, Brother-in-law, Sister-in-law and Grandchildren, son-in-law and daughter-in-law. For the purposes of this article Brother in Law and Sister in Law includes siblings of the spouse or spouses of the sibling. These days are to be taken within the period commencing with the date of death and ending the second working day following the funeral An employee on vacation when a bereavement occurs shall be entitled to take any lost vacation days up to a maximum of three (3) days at a later date as mutually agreed upon between the Company and the employee. ARTICLE 18 - HEALTH AND SAFETY 18.1 The Union and the Company shall form a Joint Health and Safety Committee. There shall be three (3) members from each group and each group shall have equal representation The joint Company/Union Health and Safety Committee shall: 1. Meet at least once per month at a mutually agreeable time and place to review health and safety conditions within the plant. 2. Obtain information from the employer and other persons respecting: 18

22 (a) (b) (c) the identification of potential or existing hazards of materials, processes or equipment, and health and safety experience and work practices and standards in the same or similar industries, and the lost time accidents which occur in the work place. 3. Review local safety education and information programs. 4. Review health and safety complaints referred to the committee. 5. Review and make recommendations to specific housekeeping problems that arise from time to time in the plant. 6. Identify situations that may be a source of danger or hazard to employees. 7. Make recommendations to the employer and employees for the improvement of the health and safety of employees. 8. Recommend the establishment, maintenance and monitoring of programs, measures and procedures respecting the health and safety of employees. 9. Maintain and keep minutes and records of its proceedings One member of the Union group and one member of the Management group of the Health and Safety Committee shall: 1. Make inspections once each month to assure that there is a safe, healthful and sanitary working environment in the plant and make recommendations. 2. Accompany Provincial Government Health and Safety Inspectors and Union Health and Safety Professionals on plant inspection tours In the event an employee believes that a hazardous condition exists in his working area, he/she will: 1. Contact his/her supervisor. 2. If the supervisor fails to satisfactorily resolve the problem the employee will ask his/her superisor to call his/her Committeeperson to discuss the problem further. 3. If the problem is still unresolved the supervisor will call the Plant Superintendent or in his/her absence the Plant Manager, who, after discussing the matter with a member of the Health and Safety Committee from the Union, will make a decision on the problem. 19

23 4. If there is a refusal to work then the employer or the worker or a person on behalf of the employer or worker shall cause an inspector to be notified The Company and Union agree to abide by the procedures and guidelines of The Occupational Health and Safety Act, as amended from time to time, and without limitation Bill Discharge or disciplinary cases relating to Health and Safety shall be subject to the grievance and arbitration procedures All employees share equally the responsibility of reporting unhealthy or unsafe conditions Seniority employees shall be entitled to an allowance of one hundred and five dollars ($105.00) per calendar year ($ as of Feb 1 st, 2012) to be used for the repayment of the cost of their safety shoes or boots. Seamer Mechanics and Preparation Attendants (including the Group Leaders) shall be entitled to double the annual allowance in each year of the contract. Shoe allowance to be paid to all employees by February 1 st of each calendar year. Seniority employees who have not worked in the previous calendar year will not be eligible for the safety shoe allowance in the following calendar year Health and Safety Certification Training: 1. The company will pay the full cost of the training including lost time, course fees and materials, travel, accommodation and expenses. 2. The certification training will be consistent with the terms and conditions as required by the Act. 3. Safety Committee to decide on where the training will be conducted. ARTICLE 19 - GENERAL 19.1 Supervisors and other supervisory personnel shall not perform work normally done by members of the Bargaining Unit except for purposes of: 1. Training 2. Research and Development 3. Relief of Breaks, Lunches, Washroom Breaks or unforeseen circumstances beyond the control of the Company. In no case will the performance of such necessary work result in the displacement of any seniority employee with resulting loss in wages This Agreement shall supersede all other Agreements, written or verbal, between the Company and the Union (or any employee or group of employees) with the 20

24 exception of supplementary Agreements on interpretation of clauses that have in no way changed the content and meaning since the date of the supplementary Agreement The Company will prepare and supply the Union with a list of its local Management, and Supervisors upon the signing of this Agreement and will supply the names of changes or additions as they occur Throughout the Agreement, wherever the masculine gender or singular number is used, it shall be construed as including the feminine gender or plural, where the context so requires, except where reference is made to provisions covering males and which specifically do not include females An employee injured on the job shall be paid for the balance of the shift on which the injury occurred if, as a result of such injury, the employee is sent home, to a doctor, or to an outside hospital. It is further agreed that when it is necessary for an employee to make return visits to a doctor, as a result of such injury and if such visits are made during working hours, he/she will be paid for the time lost as a result Employees will be permitted to be absent from their work stations for fifteen (15) minutes every half shift for the purposes of a scheduled paid rest period. During these periods the employee shall not leave the Company's premises Employees will be entitled to a five (5) minute wash-up period at each major shift break Employees will be granted, in addition to the rest periods outlined in 19.7 above, permission to be absent from their work stations for fifteen (15) minutes for purposes of paid rest period, if required to work more than one hour beyond the end of his or her scheduled shift The Company will provide the following classifications of seniority employees with either four (4) sets of perma press shirts and pants or three (3) sets of shirts and pants and one pair of coveralls per year to be issued in December each year. Maintenance Classifications Preparation Attendant Can Room Group Leader Preparation Group Leader Cook Room Group Leader Label Line Operator Cook Room Attendant Lab Group Leader The Company will provide four (4) shirts and two (2) pants or two (2) sets of coveralls per year to the remaining employees on the Classified Job List. The Company will supply four (4) shirts, of choice, per year to all seniority employees, and two (2) pair of trousers if requested by the Company. At the discretion of Management, the Company will provide coveralls for what is to be considered excessively dirty jobs. 21