COLLECTIVE AGREEMENT UNITED STEELWORKERS, LOCAL 1937 WESTVIEW FORD SALES L TO. BETWEEN AND

Transcription

1 COLLECTIVE AGREEMENT BETWEEN UNITED STEELWORKERS, LOCAL 1937 AND WESTVIEW FORD SALES L TO.

2 TABLE OF CONTENTS PREAMBLE... 1 ARTICLE 1- BARGAINING AGENCY Recognition Meetings Bargaining Authority Access to Operation ARTICLE 2 - EMPLOYER'S RIGHTS Management and Direction Hiring and Discipline ARTICLE 3- UNION SECURITY Co-operation Union Shop Maintenance of Membership Discharge of Non-members Union Membership Check-Off Social Insurance Number ARTICLE 4- SHOP COMMITTEE Definition Composition Notification Exceptions ARTICLE 5- HOURS OF WORK Hours and Overtime Casual Work Tuesday to Saturday Work Rest Period Work Time Guarantee ARTICLE 6- TECHNOLOGICAL CHANGE & SEVERANCE Advance Notification Retraining Severance Pay Job Evaluation and Red Circle Rates ARTICLE 7- WAGES Rates Rate Revision ARTICLE 8- PAY DAYS ARTICLE 9- STATUTORY HOLIDAYS Recognized Holidays Qualifying Conditions Sunday Holiday Saturday Holiday Holiday Shift Arrangement for Change Westview Ford Sales Ltd. Collective Agreement

3 TABLE OF CONTENTS ARTICLE 10- VACATIONS WITH PAY Years' SeNice Vacation Time Leave of Absence Employment Standards Act ARTICLE 11 - CALL TIME Where No Work Commences Where Work Commences Required Certification ARTICLE 12- HEALTH & WELFARE Premiums Insurance Coverage Medical Coverage Dental Coverage General Principles Employee and Family Assistance Program ARTICLE 13- SENIORITY Principle Reduction of Forces Retention During Lay-off Job Posting Departments Probationary Period Hiring Preference Absence Without Leave Seniority List Reinstatement ARTICLE 14- CONTRACTING AND MOONLIGHTING ARTICLE 15 - LEAVE OF ABSENCE Injury or Illness Written Permission Compassionate Leave Union Business Bereavement Leave Jury Duty Extended Vacation ARTICLE 16- ACCIDENT PREVENTION COMMITTEE Composition Duties Meetings Meetings During Work Investigations Cessation of Work Forklifts Westview Ford Sales Ltd. Collective Agreement ii

4 TABLE OF CONTENTS ARTICLE 17- EDUCATION AND TRAINING Apprentice Training Program Technician Training Distribution of Training Education Fund ARTICLE 18- TOOL & INSURANCE Insurance Coverage List Replacement & Repair Computers Proper Tools ARTICLE 19- COVERALLS AND UNIFORMS ARTICLE 20- ADJUSTMENT OF GRIEVANCES Procedure Time Limit ARTICLE 21- ARBITRATIONS Interpretation Grievances Cost Sharing Place of Hearing ARTICLE 22- STRIKES AND LOCKOUTS ARTICLE 23- DURATION OF AGREEMENT SUPPLEMENT NO.1 -WAGES SUPPLEMENT NO. 2- BONUSES LETTERS OF UNDERSTANDING - RIK KARDERA- SENIOR PARTS PERSON MIKE NASO- MASTER TECHNICIAN RETIREMENT SAVINGS PLAN NOTES TO THE COLLECTIVE AGREEMENT Westview Ford Sales Ltd. Collective Agreement iii

5 COLLECTIVE AGREEMENT THIS AGREEMENT entered into this day of, BETWEEN: WESTVIEW FORD SALES LTD. (hereinafter known as the "COMPANY") OF THE FIRST PART AND: UNITED STEELWORKERS, LOCAL (hereinafter known as the "UNION") OF THE SECOND PART PREAMBLE: The purpose of this Agreement is to secure for the Company, the Union and the Employees the full benefits of orderly and legal collective bargaining, and to ensure to the utmost extent possible the safety and physical welfare of the Employees, economy of operation, quantity of output, and protection of property and public safety. It is recognized by this Agreement to be the duty of the Company and the Union and the Employees to co-operate fully, individually and collectively for the advancement of said conditions. The Company and the Union agree to abide by the terms set out in this Agreement. The Union further agrees that it will at all times instruct its members to act in accordance with the terms contained in this Agreement. The Company agrees, in the exercise of the functions of Management, that the provisions of the Agreement will be carried out Recognition (c) The Company recognizes the Union as the sole collective bargaining agency of the employees of the Company within the jurisdiction of the Union, except excluded Employees, Office Employees, and those with the authority to hire or discharge. It is agreed that when a dispute arises as to whether or not a person is an employee within the bargaining unit, it shall be subject to grievance procedure as provided in Article 20.01, Step 4 and in the event of failure to reach a satisfactory settlement it shall be dealt with by arbitration as set forth in Article The Union agrees to issue a withdrawal card to employees transferred from the bargaining unit to a job outside the bargaining unit providing that no dispute arises within the meaning of Clause herein Westview Ford Sales Ltd. Collective Agreement Page 1

6 1.02 Meetings The Company and the Union will meet at such time and place as may be mutually agreed upon for the purpose of discussing wages and working conditions and adjusting any matters within the confines of this Agreement, which come within the scope of collective bargaining between employer and employee. All meetings that require the attendance of a Shop Committee Member(s) shall be on paid time for the Shop Committee Member(s) Bargaining Authority The Party of the First Part agrees that the bargaining authority of the Party of Second Part shall not be impaired during the term of this Collective Agreement. The Party of the First Part agrees that the only certification that they will recognize during the term of this Agreement is that of the Party of the Second Part, unless ordered by due process of law to recognize some other bargaining authority Access to Operation Official Union representatives shall have access to the Union employees at the Company's operations for the purpose of this Agreement Management and Direction The management and the operation of, and the direction and promotion of the working forces is vested exclusively in the management; provided, however, that this will not be used for purposes of discrimination against employees. (Note: Promotions will go to senior qualified person with competency) Hiring and Discipline The Company shall have the right to select its employees and to discipline or discharge them for proper cause Co-operation ARTICLE 3 - UNION SECURITY The Company will co-operate with the Union in obtaining and retaining as members the employees as defined in the Agreement, and to this end will present to new employees and to all Supervisors and Foremen the policy herein expressed. Management will assure that new employees covered by this agreement are provided a copy of the Collective Agreement and are introduced to the Shop Committee upon hiring Union Shop All Union position employees shall immediately after entering employment become members of the Union and maintain membership therein throughout the term of this Agreement, as a condition of continued employment Westview Ford Sales Ltd. Collective Agreement Page 2

7 3.03 Maintenance of Membership Any employee who is a member in good standing, or is reinstated as a member of the Union shall, as a condition of continued employment, maintain such membership in good standing throughout the term of this Agreement Discharge of Non-members Any employee who fails to maintain their membership in the Union as prescribed herein by reason of refusal to pay dues and assessments shall be subject to discharge after seven (7) days' written notice to the Company of the said employee's refusal to maintain their membership Union Membership 3.06 Check-Off No employee shall be subject to any penalties against their application or membership or reinstatement, except as may be provided for in the current United Steelworkers Constitution, and in accordance with the By-Laws of the Local Union. Any employee who applies to join the Union pursuant to the provisions herein, whose application is rejected by the Union shall not be subject to discharge from employment. The Company shall require all new hires to union positions at the time of hiring to execute an assignment of wages (Check-Off) in duplicate, the forms to be supplied by the Union. Check-Off assignment forms shall be completed and signed at the date of hiring, and such forms shall be forwarded within three (3) days after the effective hiring date. This assignment in the case of all union employee positions shall be effective immediately. The Local Union shall notify the Company by letter of the amount of back dues owed by employees. Dues increases and assessments levied by the Union shall be deducted in accordance with and upon receipt of official notice from the Union. The Company shall remit the dues deducted pursuant to such assignment (until and unless said assignment is revoked by the employee) to the Local Union, not less often than once each month, with a written statement of names of the employees, job position, rate of pay, and seniority date, for whom the deductions were made and the amount of each deduction Social Insurance Number The Company shall furnish the Union with the Social Insurance Number of each employee on its payroll on the first occasion when dues are forwarded to the Union after the execution of this Agreement or after the employee enters the employment of the Company, whichever date last occurs Westview Ford Sales Ltd. Collective Agreement Page3

8 4.01 Definition ARTICLE 4 - SHOP COMMITTEE For the purpose of this Agreement, when the term "Shop Committee" is used, it shall mean Shop, Camp, Mill or Plant Committee, members of which are appointed by the Union Composition The Shop Committee shall consist of not less than three (3) employees and not more than seven (7) employees with completed probationary period of employment with the Company who are members of the Union and, wherever possible, they shall be selected on a departmental basis Notification The Union will, within sixty (60) days from the date of this Agreement, notify the Company in writing of the members of the Shop Committee. The Union or Shop Committee will inform the Company in writing when a member change takes place on the said Committee. No member of the Shop Committee will be recognized by the Company unless the above procedure is carried out Exceptions The provisions of Sections 4.01, 4.02 and 4.03 will not apply in reference to: Article 16 - Accident Prevention Committee, where the members are designated according to the provisions of the Worker's Compensation Act Hours and Overtime (c) (d) (e) The regular hours of work shall be eight (8) hours per day and forty (40) hours per week with rate and one-half for any hours over eight (8) hours per day and forty (40) per week and double-time for all hours over eleven (11) hours per day. Wherever possible management shall give sufficient prior notice of required overtime so that employees can deal with life/work balance requirements. Salaried Employees may be expected to remain on site for more than eight (8) hours per day. In such cases the salaried employee shall be entitled to compensating time off at the applicable overtime rate. Management shall approve overtime in advance, whenever possible. The Company shall provide an overtime approval form to be filled out by the employee and the manager involved prior to overtime commencing when possible. The Company shall track the accumulated overtime and report on the employees pay statement. Where prior approval is not able to be provided due to management not being available the employee shall seek approval at the first available opportunity. Approval shall be granted if overtime is for bona fide business reasons Westview Ford Sales Ltd. Collective Agreement Page4

9 (f) The above provisions do not apply to work on the sixth day of a five (5) day schedule when an employee shall be paid out at the appropriate overtime rates Casual Work Regular laid off employees shall not be classified as Casual Employees and shall have preference for available work over the said Casual Employee Tuesday to Saturday Work It is agreed that maintenance and repair employees can be employed on a Tuesday to Saturday work week for which they will be paid straight- time for hours worked within the regular shift. In such event, Sunday and Monday will be recognized as their rest days and any work performed on their rest days will be paid for at rate and one-half. It is further agreed that the rest day, Monday, may be changed by mutual consent between the employee and the company. In such event, work performed on Monday will be paid for at straight time. If the employee works on Monday at the request of the Company, the rate of pay will be rate and one-half. However, if the employee requests a temporary change from their rest day on Monday, worked performed on Monday will be paid for at straight time. When a Statutory Holiday falls on a regular rest day, the work day immediately succeeding the day which employees are observing as the Statutory Holiday, shall be recognized as the day of rest Rest Period All employees shall be entitled to two (2) ten minute rest periods during each regular shift, provided always that the Company shall have the right to use relief employees in implementing this provision Work Time Guarantee When work is available, senior technicians will be guaranteed 80 hours work time per pay period with pay based on flat rate system. Technician must be up to date on FORD Certified training to qualify provided that any required training is offered Meetings Employees required to meet with the Company during lunch shall be given a minimum of two (2) weeks' notice and shall be provided lunch at the cost of the Company Advance Notification The Company shall notify the Shop Committee and the Union six (6) months in advance of intent to institute changes in working methods, or facilities which would involve the discharge of employees Westview Ford Sales Ltd. Collective Agreement Page 5

10 6.02 Retraining The Company shall co-operate with the Union and the Government of British Columbia and participate in every way possible in training or retraining of employees so affected Severance Pay Employees discharged shall be entitled to severance pay of five (5) working days pay for each year of service with the Company. Severance shall not exceed a maximum of 26 weeks' pay. No Severance Pay is required when an employee quits, retires or is terminated for proper cause. It is up to the Company to prove termination was for proper cause Job Evaluation and Red Circle Rates Incumbents in job categories for which the wage rate is reduced as a result of job evaluation shall continue at the original rate until such time as job openings become available to them at equal or higher rates. This practice shall be referred to as "Red Circle Rates" Rates As per Wage Supplement No. 1. Any employee required to do more than one job in one shift for which they are qualified shall be paid the rate of pay for the each job performed for the time on each job Rate Revision The wage scale attached hereto, Supplement No. 1, is approved by both Parties and may be revised, by negotiations between the Parties and commencing thirty (30) days after serving of notice by either Party. The Company shall give one (1) weeks' notice to the Union prior to negotiating any changes to any job description or duties. A Committee, equally representative of the Company and the Union shall be established for the purpose of determining rates to be paid on new or revised jobs that are referred to it. The said Committee will analyze each job in accordance with and subject to the following: i. The job analysis will be based on knowledge and skill, responsibility, ii. Effort and job conditions. iii. Existing maximum rates will not be used as a ceiling The Company shall provide for pay days every second week and each employee shall be furnished with an itemized statement of earnings and monthly deductions once a month. The Company shall institute and maintain a direct deposit pay system Westview Ford Sales Ltd. Collective Agreement Page 6

11 9.01 Recognized Holidays New Year's Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, Family Day and B.C. Day shall be recognized as Statutory Holidays for all employees. An hourly rated or piece-work employee who qualifies for any of the holidays named herein shall be paid for the said holiday at their regular job rate of pay for their regular work schedule, in accordance with the conditions set out in Qualifying Conditions (c) An Employee, to qualify for Statutory Holiday Pay, must comply with each one of the following three conditions: i. Have been on the payroll thirty (30) calendar days immediately preceding the holiday. ii. Have worked their last regularly scheduled work day before and their first regularly scheduled work day after the holiday, unless their absence is due to illness (supported by a note from a doctor), compensable occupational injury or is otherwise authorized by the Company. iii. Notwithstanding (ii) above, the employee must have worked one day before and one day after the holiday, both of which must fall within a period of sixty (60) calendar days. In case of injury or illness in (ii) above, the Company shall have the right to request a medical certificate. Employees while on leave of absence under Article shall not qualify for paid Statutory Holidays Sunday Holiday In the event that one of the within named Statutory Holidays falls on Sunday, it shall be observed the following Monday Saturday Holidays In the event that one of the within named Statutory Holidays falls on Saturday, it shall be observed on the preceding Friday or the succeeding Monday, or partly on one day or the other, as agreed upon between the Company and the Shop Committee Holiday Shift An employee required to work on a paid holiday shall be paid, in addition to their Statutory Holiday Pay, rate and one-half (1-1/2) for any hours worked on a shift designated as the "holiday shift" Westview Ford Sales Ltd. Collective Agreement Page 7

12 9.06 Arrangement for Change In the event of a Statutory Holiday falling on a Tuesday, Wednesday, or Thursday and where the Company and the Union mutually agree, the said holiday may be observed the preceding Monday or the following Friday respectively The annual vacation for employees covered by this agreement shall be based on the percentage of the total gross wages or salary earned by the employee in the year of entitlement. The chart below lays out the entitlement for the application years of service. LESS THAN ONE (1) YEAR 0 4% At the completion of 14 years, f t years and 25 years an employee shall receive one ONE (1) YEARS SERVICE COMPLETED (1) additional weeks' vacation BUT LESS THAN FIVE (5) YEARS 2 4% COMPLETED with pay to be used in the following five (5) year period. f f ~ FIVE (5) YEARS SERVICE COMPLETED BUT LESS THAN THIRTEEN (13) YEARS COMPLETED 3 6% f t THIRTEEN (13) YEARS SERVICE COMPLETED OR GREATER 4 8% A weeks pay for employees under this clause shall be the equivalent of 2% of their previous years' gross earnings from anniversary date to anniversary date Vacation Time Vacations for employees shall be taken as per holiday scheduling agreement. The employee shall have the right to schedule a maximum of two weeks holidays at the time of their choosing. The Company recognizes their obligation to have staffing levels to allow the employees to take their holidays as per below. (c) All earned vacations must be taken. Scheduling Agreement: Employees scheduling their holidays from between January 1st and April 30th for the calendar year will be granted holidays based on Seniority and the job the applicant is currently doing. The senior person in the job category shall be given preference if or when quantity and regularity of productions is an issue for holidays booked up to or prior to April 30th. Holidays Scheduled after April 30th for the calendar year shall be based on a first come first serve basis Westview Ford Sales Ltd. Collective Agreement Page 8

13 Leave of Absence The Company shall give written approval or denial within seven days of application by employee. Nothing in this agreement shall preclude any employee taking all their holidays at one time provided it does not interfere with productivity and regularity of production. It will be up to the Company to prove that the employee taking their holidays would create an unusual case of irregular productivity or production. The Company must bear in mind paragraph of this Section. The following shall be considered as days actually worked for determining vacations with pay for an employee after one (1) continuous year of employment. (c) Absence on Workers' Compensation up to a period of one (1) one year, provided the employee returns to their employment. Absence due to illness up to a period of one (1) year, provided the employee returns to their employment. The Company shall have the right to require a certificate from a qualified medical practitioner. Any other absence duly approved by the Company in writing shall be credited towards entitlement for annual vacation in computing vacation pay Employment Standards Act Part 7 - Annual Vacation of the Employment Standards Act, R.S.B.C., 1996, c. 113, and amendments thereto, except where varied or modified by the provisions herein, shall become a part of this Agreement Where No Work Commences Any employee who is called for work and on reporting finds no work available due to reasons beyond their control, shall be entitled to two (2) hours at the usual rate Where Work Commences Non Flat Rate Employees i. In the event that an employee commences work on their shift and work ceases prior to the completion of four (4) hours work, the employee shall receive four (4) hours pay, at the regular job rate. ii. Employee is required to remain at work site to receive four (4) hours call time. Flat Rate Employees i. In the morning, when a flat rate employee commences work on their shift and work ceases or is completed in less than four (4) hours the employee shall receive four (4) hours pay or the flat rate amount the job(s) pay if more than four (4) hours Westview Ford Sales Ltd. Collective Agreement Page 9

14 ii. If flat rate pay earned is over four (4) hours pay, no morning guarantee will apply. iii. Employees will be required to remain on site and be willing and ready to take on jobs as assigned to be eligible for the morning guarantee If an employee is required to stay beyond the four (4) hours, by the Company, said employee shall be paid for time required to remain on site. Otherwise, flat rate shall apply for work done after four (4) hours Required Certification In the case of employees on the flat rate pay schedule; Sections and above shall only apply to those employees that are up-to-date with Ford Certification requirements. Any required training shall be provided at the Company's expense Premiums It is agreed that a Health and Welfare Plan Premiums be paid 50% by the Company and 50% by the employee (including M.S.P., if employee elects to exclude Long Term Disability premiums from calculations.) Insurance Coverage Life Insurance- Total Annual Earnings times one (1 ). AD&D- Total Annual Earning times one (1 ). Dependents- Spouse $10,000, each child $10,000. Weekly Indemnity Coverage: accident - from 1st day sickness - from 8th day 17 weeks of benefits. Weekly Indemnity benefits shall be 85% of the employee's wages subject to the policies of the Insurance Carrier. (c) Long Term Disability- from 121 st day of disability up to age 65. Long Term Disability benefits shall be 85% of the employee's wages subject to the policies of the Insurance Carrier. (d) The Company agrees to work with lower income employees to apply for a reduced BC Medical Services Plan rate where applicable Medical Coverage Extended Health Benefits- 80% Drugs, 100% all Other Benefits. (No deductible) Vision Care- $200 per member or dependent per 24 month period Westview Ford Sales Ltd. Collective Agreement Page 10

15 12.04 Dental Coverage (c) 80% Basic Dental Services. (No deductible) 50% Major Dental Services. (No deductible) 80% Endodontics & Periodontics. (No deductible) General Principles (c) (d) Participation in the plan is to be a condition of employment. Any new employees who have not had previous coverage will be eligible for benefits after three (3) calendar months of employment. Coverage during lay-off will be provided as follows based on a 50/50 sharing of the cost. i. Employees with one (1) or more years' seniority- six (6) months. ii. Employees with more than four (4) months but less than one (1) years' seniority- three (3) months. The Company may change the plan carrier with the approval of the membership and the Local Union Employee and Family Assistance Program The Company will enroll and pay the premiums for an Employee and Family Assistance Program Principle The Company recognizes the principle of seniority, competency considered. In the application of seniority, it shall be determined by the plant seniority. The selection and promotion of supervisory officials shall be entirely a matter for the Company's decision, but in making such selection or promotion, length of continuous service shall be given consideration Reduction of Forces In the event of a reduction of the forces, the last person hired shall be the first released subject to the competency of the person involved. During the reduction of forces an employee can elect whether or not to apply their seniority to obtain a lower paid job or accept a lay-off until their regular job becomes available, provided however, i. If, during the layoff period, the employee wishes to return to work and so notifies the Company, they shall be called back to work as soon as their seniority entitles them to a job. ii. Details of the application of this provision shall be worked out by the Local Union and the Company Westview Ford Sales Ltd. Collective Agreement Page 11

16 13.03 Retention During Layoff It is agreed between the Parties that seniority during layoffs shall be retained on the following basis: Employees with less than one (1) years' service shall retain their seniority for a period of three (3) months. Employees with one (1) or more years' service shall retain their seniority for six (6) months, plus one additional month for each year's service, up to an additional six (6) months. It shall be the Company's responsibility to maintain an address file of their employees and it shall be the employee's responsibility to notify the Company in writing of any change in address Job Posting Departments Vacancies shall be posted in advance for a period of not less than two (2) working days. This Section shall not apply to temporary replacements of two weeks or less necessitated by illness or injury, but in filling these vacancies, senior employees will be given preference in accordance with Article The Shop Committee and the Company shall meet immediately after the conclusion of the Agreement and outline the basis of departments for seniority purposes. It is agreed that the number of departments will be kept as low as possible, compatible with efficient and economic operation Probationary Period Notwithstanding anything to the contrary contained in this agreement, it shall be mutually agreed that all employees are hired on probation, the probationary period to continue for ninety (90) calendar days, during which time they are to be considered temporary workers only, and during this same period no seniority rights shall be recognized. Upon completion of ninety {90) calendar days, they shall be regarded as regular employees, and shall then be entitled to seniority dating from the day on which they entered the Company's employ. Notwithstanding the foregoing, probationary employees are entitled to grievance procedure Hiring Preference It is mutually agreed, that when hiring new employees, consideration for preference shall, subject to the same conditions as in Section 13.01, be given to those employees of the Company having previous seniority and who have applications on file. Notwithstanding the foregoing, returning workers with suitable qualifications shall have preference over all applicants, competency considered Absence Without Leave Any employee who is absent without leave for a period of more than three (3) consecutive working days shall be subject to discipline. This shall not interfere with the Company's right to discharge for proper cause Westview Ford Sales Ltd. Collective Agreement Page 12

17 13.09 Seniority List It is agreed that upon request of the Union, a list will be supplied by the Company, setting out the name and starting date with the Company and the starting date for department seniority of each regular employee. However, such request shall not be granted more than twice each year. The Company will advise the Union once each month of changes to the said list Reinstatement In any case where an employee has been transferred by the Company to a supervisory position and at a later date ceases to be a supervisory worker and the Company desires to retain their services, it is hereby agreed that reinstatement can be made within the bargaining unit provided however that supervisory workers reinstated in the bargaining unit must return to the job held at the time of their promotion to a supervisory position, unless mutually agreed between union, management, and the employee The Company will not contract work regularly performed by bargaining unit employees if it means a reduction in hours worked by regular employees. Regular employees will not perform for pay work regularly performed at the Company's site during their off hours and off site unless it is charged through the Company's business Injury or Illness The Company will grant leave of absence to employees suffering injury or illness for the term of this Agreement, subject to a medical certificate if requested by the Company. The employee shall report or cause to have reported the injury or illness which requires their absence to the Company as soon as may be reasonably possible Written Permission Any employee granted leave of absence shall receive permission in writing form the Company for such leave. The Company shall provide a form to be completed in duplicate by the employee applying for leave. The employee shall apply a minimum of fourteen (14) days prior to the requested leave. The Company shall respond in writing within seven (7) days of such application. Once the leave is granted it shall not be cancelled except by the employee's request. In the case of emergency Management may waive the fourteen (14) days notice requirement Compassionate Leave The Company shall grant leave of absence up to a maximum of six (6) months without pay to employees for compassionate reasons acceptable to the Company, conditional on the following terms: Westview Ford Sales Ltd. Collective Agreement Page 13

18 (c) That the employee apply at least one month in advance unless the grounds for such application could not reasonably be foreseen. That the employee shall disclose the ground for application. That the Company shall be required to notify the Union in respect of any application for leave under this Section Union Business (c) The Company will grant leave of absence to employees who are appointed or elected to Union office for a period up to and including one (1) year. Further leave of absence may be granted. The employee who obtains this leave of absence shall return to their Company within thirty (30) calendar days after the completion of their term of employment with the Union. The Company will grant leave of absence to employees who are elected representatives to attend Union meetings and Union conventions or as members of any negotiating committee of the United Steelworkers in order that they may carry out their duties on behalf of the Union. In order for the Company to replace the employee with a competent substitute, it is agreed that before the employee receives this leave of absence, as set forth in Clauses and above, the Company will be given due notice in writing; in the case of, thirty (30) calendar days; and in the case of, five (5) calendar days Bereavement Leave (c) Jury Duty When death occurs to a member of a regular full-time employee's immediate family, the employee will be granted an appropriate leave of absence for which he shall be compensated at their regular straight time hourly rate of pay for their regular work schedule for a maximum of three (3) days. Members of the employee's immediate family are defined as the employee's spouse, mother, father, brothers, sisters, sons, daughters, step-children, step-parents and grandchildren, mother in-law, father in law. Compensable hours under the terms of this Section will be counted as hours worked for the purpose of qualifying for vacations and for recognized paid holidays, but will not be counted as hours worked for the purpose of computing overtime. Employees with one (1) or more year's seniority will receive regular hourly rate of pay for actual time lost serving on Jury or as Crown Witness, up to a maximum of one (1) month. The Company will withhold equivalent of Jury pay pending receipt of certification confirming actual jury pay received by the Employee ($ per day) Extended Vacation The Company may grant an employee leave of absence without pay for the purpose of extended vacation over their regular vacation entitlement. Such leave is at the discretion of management Westview Ford Sales Ltd. Collective Agreement Page 14

19 16.01 Composition As per WCB Regulations Duties The general duties of the Accident Prevention Committee shall be as directed by the regulations made pursuant to the Workers' Compensation Act Meetings There shall be a safety meeting once a month at lunch time with lunch provided by the Company Meetings During Work Where Accident Prevention Committee meetings are held during working hours, with the consent of the Company, employee's time will not be deducted for attending such meetings or investigations into accidents. Employees required to meet after regular hours of work shall be paid by the Company Investigations In the case of a fatal accident, the Accident Prevention Committee in the operation shall, within forty-eight (48) hours, conduct an investigation into such fatal accident Cessation of Work Any one or all employees working in the immediate proximity when a fatal accident occurs may without discrimination refrain from working the balance of the shift Forklifts Only trained employees are to operate the forklift. The Company shall provide training to employees as determined necessary by the Company for the acquisition of Forklift Certification at the cost of the Company. Such training shall be on Company paid time Apprentice Training Program Apprentice pay structure shall be as per the chart below. Starting Wage 50% Session 1 60% Session 2 70% Sess 3 Sess Westview Ford Sales Ltd. Collective Agreement Page 15

20 (c) (d) (e) (f) (g) Apprentices shall be entitled to a $700 books and material allowance for the first session attended at an approved trade school Apprentices shall be entitled to an $850 books and material allowance for each of the second and third session attended to an approved trade school. Apprentices shall be entitled to a $1000 books and materials allowance for the fourth session attended at an approved trade school. There is to be no more than one (1) apprentice per three (3) 'A' Technicians. In the event that apprentice requires funding in order to attend the approved trade school the Company will loan the apprentice an amount agreed to which is to be repaid over a mutually agreed period of time. Such agreement will be in writing and will set out the details of the loan and the repayment schedule. The Company shall not hold back or hinder the apprentice's progress or ability to attend apprentice training at the approved trade schools at the appropriate time of the apprentice Technician Training The cost of training, retraining, or upgrading required by the Company shall be borne by the Company including lost time wages. Web based courses put on by Ford to be paid at $20.00 for each course completed and passed. Course must be relevant to department or field of work employee is employed in. Each course taken must be approved by management and completed on your own time. Technicians that maintain their certification throughout the year will be paid a yearly bonus of.05 cents per hour for every hour worked during the calendar year. Calculation date for said bonus will be December 31st of each year. Bonus will be paid in the month of January for the previous year Distribution of Training Training for technicians will be fairly distributed. discretion. Specific allocations will be management Education Fund The Company shall contribute one and one-half (1.5) cents per hour for every hour worked by the employee covered by this agreement to the United Steelworkers, Local Education Fund. The purpose of this fund is for the education of the members in the carrying out of their duties as members and representatives of their Union Insurance Coverage Tool Insurance to $250,000 for the group. The Company will bear the cost, and provide tool insurance to cover fire, flood and/or theft on the basis of replacement cost. There will be a $ deductible coverage for theft, subject to evidence of forcible breaking and entry Westview Ford Sales Ltd. Collective Agreement Page 16

21 A video tape or pictures to record Mechanics tools will be acceptable List Each employee must provide the Company with a list of tools the employee has on Company property Replacement and Repair The Company will repair or replace broken, damaged or worn out tools to a maximum of $300 per employee per year. Repair or replacement of tools will only be paid for by the Company with prior approval Computers (c) (d) Proper Tools Technicians may provide the required diagnostic computers. i. The Company shall provide a computer loan of $700 every three years to be repaid by the technician over a thirty-six (36) month period. ii. After the computer is fully paid for it shall become the property of the technician. iii. In the event a technician leaves the company prior to the computer being fully paid for the technician shall have the option of paying the computer loan in full or turning the computer over to the Company. iv. The computer loan shall be applied on the birth date of the technician v. The technician shall be responsible for repairs and maintenance of their own computers. The Company shall provide a one-time training session on Company time for each of the technicians. The Company shall supply and pay for the required VCM's and any applicable computer program licensing that is required for the technicians to perform their job duties. The computers must be compatible with the required programing. The Company shall maintain a minimum of two spare computers in the facility in the event a technician's computer is not working properly or for those non-technicians that may require the use of a computer for work purposes. The Company shall endeavour to have special tools required by Ford at the facility so technicians can complete their work in a timely manner. The Company shall devise a program to identify when tools are not available in order that service advisors can properly book appointments for technicians Coveralls to be supplied by the Company and laundered free Westview Ford Sales Ltd. Collective Agreement Page 17

22 Garments will be supplied at the discretion of Management. Where garments are provided, the Company will provide the employees new garments when they hand in a worn out garment. Employees will be responsible for laundering of their own garments Procedure The Company and the Union mutually agree that, when a grievance arises in the shop coming under the terms of this Agreement, it shall be taken up in the manner set out below: Step One The employee involved shall first take up the matter with the foreman directly in charge of the work within fourteen (14) days of the date of the said grievance. Step Two If the question is not satisfactorily settled in this way, the employee, with the Shop Committee, shall take up the problem with the personnel manager and the foreman. The Local Union representative may participate if so desired by the Local Union. Step Three If the problem is not then satisfactorily solved, it shall be referred to the Local Union and the management. Step Four If a satisfactory settlement is not then reached, it shall be dealt with by arbitration as set forth in Article Time Limit If a grievance has not advanced to the next stage under Step Two, Three or Four within fourteen (14) days after completion of the preceding stage, then the grievance shall be deemed to be abandoned in the case of the Union missing the timeline. Where the Company misses the timeline the Company will be deemed to have accepted the grievance and shall remedy as per requested by the Union's grievance and all rights of recourse to the grievance procedure shall be at an end. Where the Parties are not able to observe time limits for reasons beyond their control, the said time limit may be extended by written agreement between the Parties. The Parties shall be bound to proceed in such a case as quickly as may be reasonably possible Interpretation In the case of any dispute arising regarding the interpretation of this Agreement or the application of Article 1.01 thereof, which the Parties hereto are unable to settle between themselves, the matter shall be determined by arbitration in the following manner: Westview Ford Sales Ltd. Collective Agreement Page 18

23 Either Party may notify the other Party and the Arbitrator in writing, by registered mail, of the question or questions to be interpreted All decisions will be final and binding upon the Parties of the First and Second Parts Grievances (c) (d) (e) In the case of a dispute arising under this Agreement, which the Parties are unable to settle between themselves as set out in Article 20, the matter shall be determined by arbitration in the following manner: Either Party may notify the other Party _and the Arbitrator in writing, by registered mail, of the question or questions to be arbitrated. After receiving such notice and statement the Arbitrator and the other Party shall within three (3) days acknowledge receipt of the questions to be arbitrated. No one shall serve as an Arbitrator who; i. either directly or indirectly has any interest in the subject of the arbitration; ii. has participated in the grievance procedure preceding the arbitration; iii. is, or has been, within a period of six (6) months, preceding the initiation of arbitration proceedings, employed by any Local Union, United Steelworkers or a company directly engaged in the industry. The decision of the Arbitrator shall be final and binding upon the Parties of the First and Second Part. If the Arbitrator finds that an employee has been unjustly suspended or discharged, that employee shall be reinstated by the Company without loss of pay and with all their rights and privileges preserved under the terms of this Agreement, provided always that if it is shown to the Arbitrator that the employee has been in receipt of wages during the period between discharge (or suspension) and reinstatement, or date of failure to rehire and rehiring, the amount so received shall be deducted from wages payable by the Company pursuant to this Section, further provided that the wages so deducted shall be first reduced by the amount required for the payment of fare from the original place of employment and to the place where employed during the period of discharge (or suspension) and return. The Arbitrator shall be required to hand down their decision within fourteen (14) days following completion of the hearing. (f) If the Parties fail to agree on an arbitrator they shall forthwith request the Honourable Minister of Labour of the Province of British Columbia to appoint an arbitrator Cost Sharing The Parties of the First and Second Parts shall bear in equal proportions the expenses and allowances of the Arbitrator, and stenographic and secretarial expense, and rent connected with their duties as arbitrator Westview Ford Sales Ltd. Collective Agreement Page 19

24 21.04 Place of Hearing Any arbitration to be held hereunder shal! be held at the City of Courtenay or at such place as may be agreed to by the Parties There shall be no strikes or lockouts by the Parties to this Agreement with respect to any matter arising out of the Agreement for which arbitration is provided under the terms of this Agreement The Parties hereto mutually agree that this Agreement shall be effective from and after the 1st day of November 2013 to midnight the 31st day of October 2016 and thereafter from year to year unless thirty (30) days written notice of contrary intent is given by either Party to the other Party. The notice required hereunder shall be validly and sufficiently served at the Head Office of the Party of the First Part, or at the Local Office upon the Local Officers of the Union, Party of the Second Part, at least ninety (90) days prior to the expiry of the Agreement. If no agreement is reached at the expiration of this contract and negotiations are continued, the Agreement shall remain in force up to the time an agreement is reached or until negotiations are discontinued, by either Party The Parties hereto agree that the operation of Subsections 2 and 3 of Section 50 of the Labour Relations Code of British Columbia are excluded from the Agreement herein. UNITED STEELWORKERS LOCAL WESTVIEW FORD SALES LTD. Dated at Courtenay, BC, this l<-( day of ~~,;'{, Westview Ford Sales Ltd. Collective Agreement Page 20

25 SUPPLEMENT NO. 1 -WAGES Shipper Receiver (*Rate Adjustment Nov 1, 2013} starting wage $10.27/hr $10.42/hr $10.68/hr after 6 months $11.19/hr $11.35/hr $11.63/hr after 12 months $12.59/hr $12.77/hr $13.08/hr Lube Tech- General Service (*Rate Adjustment Nov 1, 2013} Start wage $11.25/hr $11.41/hr $11.69/hr after 6 months $12.40/hr $12.58/hr $12.89/hr after 12 months (*Base Rate) $13.44/hr $13.64/hr $13.98/hr Service Advisor 1 (after completion of 3 years) $2, /mth $2, /mth $2,924.03/mth +bonus +bonus +bonus Service Advisor 2 (after completion of 2 years) $2,670.04/mth $2,710.09/mth $2,777.84/mth (*Rate Adjustment Nov 1, +bonus +bonus +bonus Service Advisor 3 (after completion of 1 year) Service Advisor 4 (starting wage) Appointment Coordinator (*2% increase Nov 1/13} $2,529.51/mth $2,567.45/mth $2,631.63/mth +bonus +bonus +bonus $2,388.98/mth $2424'.81/mth $2,485.43/mth +bonus +bonus +bonus $1,911.18/mth $1,939.84/mth $ /mth +bonus +bonus +bonus Parts Person year 6 (*Rate Adjustment Nov 1, 2013} Parts Person year 5 Parts Person year 4 Parts Person year 3 Parts Person year 2 Parts Person year 1 (starting wage) $3, /mth $ /mth $ /mth + 100% bonus +bonus +bonus $3,290.18/mth $3,339.53/mth $3,423.01/mth + 90% bonus +bonus +bonus $2,924.60/mth $2,968.46/mth $3, /mth + 80% bonus +bonus +bonus $2,559.03/mth $2,597.41/mth $2,662.34/mth + 70% bonus +bonus +bonus $2,193.45/mth $2,226.35/mth $2,282.00/mth + 60% bonus +bonus +bonus $2,193.45/mth $2,226.35/mth $2,282.00/mth + 60% bonus +bonus +bonus Westview Ford Sales Ltd. Collective Agreement Page 21

26 SUPPLEMENT NO. 1 -WAGES (can't} $0.75 per hour for minimum 3 Specialties $1.00 per hour for minimum of 4 Specialties $1.25 per hour for minimum of 8 Specialties * In order to receive credit for 4 or more specialties the employee must have either a Diesel Technician or Automatic Transmission Specialist designation. Automatic and Diesel Technician designation each count as 1 Specialty. Each Flat Rate Employee shall be paid one-half hour per day at their regular rate to compensate for miscellaneous unapplied time. Such time shall be for waiting for parts, looking for vehicles, etc. The Employee must remain on the job site until all of their assigned jobs are completed in order to be eligible for the one-half hours pay. The clause shall not apply when the four hour call in as per Article 11.02{b){i} is applied. *Road tests shall be charged to an open repair order in the customer name. Additional repair orders to be opened for "Shop Repairs". Additional repair orders to be opened for "Building Maintenance". Technicians will be advised of warranty write backs within ten (10) working days, fifteen {15} working days for incorrect time. Any write backs not reported to technicians within ten {10} working days of completion of work will not be deducted from pay until reported to the employee (Shop Committee Chair in the absence of employee). MT time rejected by warranty will not be charged back to the technician if properly documented. Designated First Aid Person - $0.50 per hour worked O.H.S. Chair Person- $0.50 per hour worked Westview Ford Sales Ltd. Collective Agreement Page 22