I!JPf/1 Canada Company

Transcription

1 OFFICIAL SIG ED COPY COLLECTIVE AGREEMENT BETWEEN COCA-COLA REFRESHMENTS CANADA COMPANY (SUDBURY & SAULT STE. MARIE, ONTARIO) ~~/!"'Refreshments I!JPf/1 Canada Company AND UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 TERM: March 1, 2016 to January 31, 2021

2 \.. f. ARTICLE INDEX PAGE 1. OBJECT OF AGREEMENT SCOPE MANAGEMENT RIGHTS UNION SECURITY NO STRIKES, NO LOCKOUTS UNION STEWARDS & BARGAINING COMMITTEE TO SUFFER NO LOSS OF PAY ADJUSTMENT OF GRIEVANCES ARBITRATION SENIORITY APPLICATION OF SENIORITY LAY-OFFS & REHIRING AFTER LAY-OFFS CANCELLATION OF SENIORITY RIGHTS TRANSFERS OUT OF BARGAINING UNIT STUDENTS- PART-TIME & TEMPORARY EMPLOYEES JOB POSTING PROCEDURE VACATIONS WITH PAY LEAVE OF ABSENCE, PERSONAL REASONS LEAVE OF ABSENCE, UNION BUSINESS LOSS OF DRIVERS LICENSE NO DISCRIMINATION UNION REPRESENTATIVE, VISITS TO BRANCH PAID HOLIDAYS JURY DUTY SICK PAY COMPENSATION FOR ACCIDENTS ATWORK BONDING OF EMPLOYEES LOSS OR DAMAGE TO CARGO OR EQUIPMENT BULLETIN BOARDS SAFETY BEREAVEMENT LEAVE CALL-OUT PAY REPORTING PAY CLOTHING & SAFETY SHOE ALLOWANCE REST PERIODS LUNCH PERIODS REST PERIODS ON OVER-TIME HEALTH INSURANCE PLANS HOURS OF WORK AND OVERTIME WAGES... 26

3 \ t '. 40. WORK OF BARGAINING UNIT SEVERANCE PAY TERMINATION AND RENEWAL LETTER OF AGREEMENT #1, Re: Sales Equipment Service... 3D LETTER OF AGREEMENT #2, Re: Retirement Plan LETTER OF AGREEMENT #3, Re: Long Service Leave LETTER OF AGREEMENT #4, Re: 12 Hour Shifts LETTER OF AGREEMENT #5, Re: Stand-by Pay LETTER OF AGREEMENT #6, Re: Signing Page Concerning Letters of Agreement Jt

4 l r Jl f COLLECTIVE AGREEMENT SUDBURY & SAULT STE. MARIE BETWEEN: COCA-COLA REFRESHMENTS CANADA COMPANY (hereinafter called "the Company") AND: UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 (hereinafter called "the Union") ARTICLE 1 - OBJECT OF AGREEMENT: 1.01 The purpose and intent of this agreement is to provide co-operation and harmony, and to provide a channel through which information and problems may be transmitted from one to another, as well as to cover hours, wages and working conditions. Wherever the masculine reference is used in this Collective Agreement, it shall also include the feminine and vice versa. ARTICLE 2 - SCOPE: 2.01 The Company recognizes the Union as the sole and exclusive bargaining agent of all their employees working at and out of Sudbury and Sault Ste. Marie, Ontario, save and except Plant Supervisors, Sales Supervisors, persons above the rank of Supervisor, Sales Representatives, Office Staff, persons regularly employed for not more than twenty four (24) hours per week and students employed during the school vacation periods. ARTICLE 3 - MANAGEMENT RIGHTS: 3.01 Subject to this Agreement, it is the right of the Company: (a) (b) To operate and manage its business in all respects in accordance with its obligations; To direct the working force, to maintain order, discipline, and efficiency and to establish and enforce reasonable rules and regulations to be observed by the employees; SUDBURY & SAULT STE. MARIE 1

5 , \ f. (c) The Union acknowledges further that it is the function of the Company to hire, promote, demote, transfer and layoff employees and to suspend, discipline and discharge employees for just and sufficient cause. Any exercise of these rights in conflict with the provisions of this Agreement shall be subject to the provisions of the Grievance Procedure as set out in this Agreement. ARTICLE 4 - UNION SECURITY: 4.01 The Parties agree that all employees covered hereunder shall, as a condition of their employment, become and remain members of the Local Union in good standing Any new employee hired after the signing of this agreement shall, prior to the completion of his probationary period, make application for membership in the Union and shall become and remain, a member of the Union in good standing as a condition of their continued employment with the Company Every employee shall, as a condition of his continued employment, authorize the Company in writing, to deduct from each pay payable to him thereafter during the life of this Agreement, and during the life of any subsequent collective agreement containing similar provisions, such amount as may from time to time be certified in writing by the Union to the Company as being the amount of Union Dues currently payable. Every permanent employee shall complete and sign an application for membership in the Union and an authorization for deduction from his pay of such amount as may at that time be certified by the Union to the Company as being the amount of the Union's standard initiation fee. Authorization for deduction of the Union Initiation Fee and regular Union Dues shall be on forms supplied by the Union. Initiation Fees and Union Dues deducted by the Company shall be remitted to the Financial Secretary of the Union prior to the 15 1 h day of the month following the month in which such deductions were made, together with such detail and explanations as may be reasonably required. The dues and initiation report will be provided in the form of e mail (remit@ufcw175.com) or on a computer disk as well as a hard copy of the dues report being attached to the remittance cheque. SUDBURY & SAULT STE. MARIE 2

6 & J ',, In the event that any employee who is required to obtain and maintain membership in good standing in the Union is denied membership or is suspended or expelled from the Union so that under the terms of this agreement such employee may not continue to be employed, the Union shall send to the Company, a statement of the reasons for the action taken in refusing membership or suspending or expelling that person from the Union The Union agrees that, in taking such action against any employee it shall not act in a discriminatory manner The Company agrees to provide the Union at the end of each month a list of bargaining unit employees which shall include the bargaining unit employees' addresses, full name, date of hire, classification, employee status, and telephone numbers The Employer shall remit to the Union, within fifteen (15) calendar days following the date of hire, the United Food and Commercial Workers International Union Membership Application Form signed by the new employee. ARTICLE 5 NO STRIKES. NO LOCKOUTS: 5.01 During the term of this Agreement, the Union agrees that there will be no strike and the Company agrees that there will be no lockout It shall not be a violation of this agreement for the employees covered hereunder to refuse to cross a picket line where the picket line has been authorized by the Union picketing, provided the employee concerned has followed the instructions issued by the Company. Further, the Company shall not instruct any employee to go through a picket line where the crossing of such picket line could be injurious to health or property. ARTICLE 6 UNION STEWARDS AND BARGAINING COMMITTEE TO SUFFER NO LOSS OF PAY: 6.01 The Company will recognize two (2) stewards from Sudbury and one (1) steward from Sault Ste. Marie for the purpose of investigating and processing grievances and attending meetings with management in the administration of this Agreement on behalf of the employees covered hereunder. Stewards so appointed shall be employees of the Company who have completed their probationary period. SUDBURY & SAULT STE. MARIE 3

7 e ' 6.02 Union Stewards and officials who are employees and every employee shall be allowed such time off as may be necessary to attend meetings with management at which their presence is required under Article 7 and 8. This provision shall also apply to every employee who is a necessary witness. The allowing of such time off shall, however, be subject to the employee obtaining permission to leave his work from his immediate supervisor, such permission shall not be unreasonably withheld. All such time off during an employee's regular working hours shall be without loss of pay A grievor shall be paid in the manner set out above, except in the case where the grievor has been discharged (a) Members of the Union Bargaining Committee shall suffer no loss in pay for regularly scheduled time as a result of attending negotiations for the renewal of this Collective Agreement or while negotiating any amendments thereto. This shall also apply to the Union Bargaining Committee while in negotiations when the Parties are being assisted by a Conciliation Officer, Mediator or Conciliation Board. (b) Union Bargaining Committee members working on a shift other than the day shift will be allowed one shift off without loss of pay for each day that the Parties meet in negotiations. Such shift shall be either their regular shift immediately prior to or after the actual day on which the Parties meet in negotiations. The Local Union concerned will advise the Company as to the shift off that will be taken The Union Bargaining Committee shall consist of a total of four (4) employees consistlng of three (3) from Sudbury and one (1) from Sault Ste. Marie No individual member or group of members shall undertake to represent the Local Union at a meeting with management without proper authorization by the Union The Company shall be required to recognize Stewards only after having been informed by the Union, in writing, of their names A Union representative will be given an opportunity to meet, within regular working hours, each new employee, without loss of pay, at a mutually agreed upon time. The purpose of this meeting is to acquaint the new employee with the employee's responsibilities and obligations to the Company. SUDBURY & SAULT STE. MARIE 4

8 .. t ARTICLE 7 - ADJUSTMENT OF GRIEVANCES: 7.01 Should any dispute arise between the Company and the Employees or between the Company and the Union as to the interpretation, application or alleged violation of any of the provisions of this Agreement, an earnest effort shall be made to settle such difference without undue delay in the following manner: 7.02 STAGE ONE: The Employee and a Union Steward or the chief steward shall within fourteen (14) calendar days after the date on which the incident giving rise to the grievance occurs present the grievance to the immediate supervisor in writing on a form supplied by the Union. The supervisor shall acknowledge the grievance form by initialing it. The Company may refuse to consider any grievance, the circumstances of which arose more than ten (1 0) calendar days prior to the occurrence of the alleged grievance or when the circumstances first became known to the grievor. The employee and/or Union Steward or the Chief Steward shall present the grievance in writing to the Distribution Supervisor or his designate. They shall discuss the grievance and the Supervisor or his designate shall send a written reply with an explanation of resolution or denial of the grievance not later than seven (7) calendar days after such discussion. If the Employee feels that his grievance has not been satisfactorily settled, he may proceed to Stage Two STAGE TWO: The Chief Steward or Steward concerned and/or a Business Representative of the Union shall on behalf of the Employee present the grievance in writing on a form supplied by the Union to the Distribution Supervisor or his designate within seven (7) calendar days after a decision has been reached at Stage One. They shall discuss the grievance and the Distribution Supervisor or his designate shall send a written reply to the District Office of the Union, and the Chief Steward not later than seven (7) calendar days after such discussion. The grievor shall be entitled to be present at such discussion. If a satisfactory settlement of the grievance is not reached at Stage Two then the grievance may be referred to Arbitration within thirty (30) working days following receipt by the Union of the Distribution Centre Manager's written reply. SUDBURY & SAULT STE. MARIE 5

9 7.05 Any difference arising directly between the Company and the Union as to the interpretation, application or alleged violation of any of the provisions of this Agreement shall be dealt with by the Distribution Centre Manager of the Company and the Business Representative of the Union and may be submitted to arbitration as provided herein, if not settled within thirty (30) days The Company will not discipline or discharge any employee without just and sufficient cause If a discharged employee believes that his discharge was without just and sufficient cause he may file a grievance which shall be immediately taken up at Stage Two of the Grievance Procedure, provided the grievance is filed within seven (7) calendar days from the date of discharge. The Company will give notice in writing of the reasons for discharge and the Company shall within such time mail a copy of such notice to the Union office If an employee is disciplined in any manner and he believes that such discipline is without just and sufficient cause, he may file a grievance. The Company will give notice in writing of the reasons for such discipline to an employee within seven (7) calendar days of the date of the discipline. The Company shall within such time mail a copy of such notice to the Union office All written notices of discipline, other than suspensions, more than one year old shall not hereafter form a part of an employee's record and shall not be admissible in evidence at arbitration, provided a similar offense has not occurred for one (1) clear year When an employee is called into a meeting with management to investigate the employees alleged misconduct, he may request a union steward to be present at such meeting. Should the employee be disciplined for any reason, he shall have a union steward present. ARTICLE 8.. ARBITRATION: 8.01 If the Company or the Union requests that a grievance as above provided be submitted to arbitration, it shall make such request in writing, addressed to the other party to this agreement, and at the same time nominate a sole arbitrator. The Party receiving the request shall accept the Arbitrator, or suggest an alternative within fifteen (15) calendar days after receipt. If they are unable to agree on an Arbitrator, they may then request the Ontario Ministry of Labour to appoint an arbitrator. In the event of default by either party in suggesting its representative as Arbitrator, the other party may apply to the Ontario Ministry of Labour who shall have the power to effect such appointment. SUDBURY & SAULT STE. MARIE 6

10 l 8.02 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance The Arbitrator shall not have jurisdiction to amend, modify, ignore or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement No matter may be submitted to arbitration which has not been properly carried through all stages of the grievance procedure, except that the parties may agree, in writing, to extend the time limits fixed in both the Grievance and Arbitration procedures. The parties agree that section 44(6) of the Labour Relations Act R.S.O. chapter 228, August 1981 shall apply to this Collective Agreement Notwithstanding anything contained in Article 8.01, either party may request the Minister of Labour for Ontario for expedited arbitration in accordance with the Ontario Labour Relations Act If the Arbitrator decides that a discharge was without just and sufficient cause, the Arbitrator may reinstate the employee and may reimburse him for all time lost from the date of discharge up to the date of reinstatement, less any amounts earned by the employee in the interval or by any other arrangement which is just and equitable The decision of the Arbitrator will be final and binding upon the parties hereto, and the employee Each of the parties hereto will jointly bear the fees and expenses of the Arbitrator. ARTICLE 9 SENIORITY: 9.01 Unit seniority is the principle of granting preference to employees for promotion, demotion, lay-offs and rehiring after lay-offs and all other matters in accordance with the length of service, but only if an employee has the qualifications necessary to fill the normal requirements of the job Unit seniority means the ranking of employees in accordance with their most recent hiring date. Where two or more employees are initially hired on the same day, their seniority will be determined by the date and time of their applications for employment. SUDBURY & SAULT STE. MARIE 7

11 .; 9.03 An employee shall be on probation during his first ninety (90) days worked within a 12 month period. During this time, the employee will not have seniority rights. Upon completion of his probationary period his name shall be added to the Seniority list and his unit seniority shall be computed from the day he last commenced to work for the Company Notwithstanding any other provision of this Agreement, the employment of a probationary employee may be terminated for any reason at the sole discretion of management, and no arbitrator or arbitration board shall have jurisdiction to entertain any grievance filed as a result of such termination. ARTICLE 10.. APPLICATION OF SENIORITY: In all cases of promotions, demotions, transfers, lay-offs and recalls after layoffs, unit seniority shall determine which employees are to be promoted, demoted, transferred, laid off or recalled, subject to the qualifications referred to in Article 9.01 above Seniority lists will be established for three units: (1) the "inside II employees' unit, (2) the "outside" employee's unit, and (3) the "Sault Ste. Marie" employees. Seniority shall only be exercised within the unit in which an employee is employed A seniority list will be placed on the bulletin board and will be revised by the Company at least every six (6) months. Copies of these lists will be forwarded to the Local Union. Such lists shall contain the employee's name, his job classification and his starting date If an employee applies to and is awarded a job posting in a different seniority unit, for the purposes of shift and vacation scheduling, the employee's seniority date shall be considered their first day worked in the new seniority unit. ARTICLE 11- LAY-OFFS AND REHIRING AFTER LAY-OFFS: If an employee is laid off because of lack of work, he shall have the right to be recalled in accordance with his seniority standing up to eighteen (18) consecutive months following his layoff, provided he reports to work within five (5) days following the receipt by him of a recall issued by telephone, or if he cannot be reached by telephone, then by registered mail. If the employee fails to report to work or cannot be reached within such five (5) days, the Company may notify the next employee on the seniority list. SUDBURY & SAULT STE. MARIE 8

12 11.02 Notwithstanding the above, full-time employees on Jay-off shall be given the first opportunity to perform part-time or temporary work provided that they are willing to be available when required, and further, provided that the employee has the qualifications necessary to perform the required work It shall be the duty of each employee to notify the Company promptly of any change of address or telephone number. If an employee does not do so, the Company will not be responsible for failure of a notice or message to reach him An employee who is absent due to illness or accident shall give the Company as much notice as possible of the date he expects to return to work, but at least prior to the completion of his previous day's regular shift. ARTICLE 12- CANCELLATION OF SENIORITY RIGHTS: Seniority rights of an employee shall cease and his name shall be stricken from the seniority list and his employment shall be automatically terminated for any of the following reasons: (a) (b) (c) (d) (e) (f) if the employee voluntarily quits; if the employee is discharged and the discharge is not reversed through the grievance procedure; if an employee is laid off for eighteen (18) consecutive months; if the employee fails to return to work in compliance with the terms of a leave of absence granted to him; if an employee is absent from work for more than three (3) consecutive working days unless the employee has a bona fide reason satisfactory to the Company; if an employee fails to report to work following a recall, except as provided in Article ARTICLE 13 - TRANSFERS OUT OF BARGAINING UNIT: If an employee is transferred out of his bargaining unit Into a permanent fulltime job, he shall retain his seniority in that bargaining unit for six (6) months. Such employee shall lose his seniority standing in his bargaining unit if he does not return to his former position within the said six (6) month period. If the Company or the employee concerned requests a retransfer back to his SUDBURY & SAULT STE. MARIE 9

13 bargaining unit before the end of the six (6) month period, the employee shall be returned to his previous job classification in his bargaining unit as will any other employee whose job classification was changed as a result of such transfer. Employees shall only be allowed one (1) such six (6) month period during their employment with the Company If an employee chooses to and is awarded a transfer out of the bargaining unit on a temporary basis of 60 days worked or less, he shall return to his previous bargaining unit job upon completion of the temporary job. The employee shall retain his seniority in the bargaining unit. ARTICLE 14- STUDENTS, PART-TIME AND TEMPORARY EMPLOYEES: Students, part-time and/or temporary employees shall not be hired to replace regular employees, or if their employment would result in reduced hours for regular employees who would otherwise have done the required work. However, none of the above provisions shall prevent the Company from employing such temporary or part time help or students as is required to fill vacancies due to illness, vacations or leave of absence among regular employees, emergencies, season ability of the business and school vacation periods. ARTICLE 15 - JOB POSTING PROCEDURE: In the event that a full-time vacancy or a newly created position comes open in a seniority unit, notice of such vacancy or newly created position shall be posted for seven (7) calendar days on bulletin board or boards provided on the premises for such purpose. All such notices shall designate the job classification title, the shift, the rate of pay of such job, and the date such notice was posted. Any employee who is in that seniority unit may apply for such job within the time limit specified above. A copy of such notice shall be forwarded to the Union Office upon posting All such completed notices shall be in duplicate and signed by the Manager Those employees, wishing to apply for such vacancy or newly created position shall do so by affixing their signature to the job posting notice. Such signature shall be witnessed by a Company Supervisor and dated After such notice has been posted for seven (7) calendar days, it shall be removed from the bulletin board or boards, and a copy of such notice shall be forwarded to the Union. SUDBURY & SAULT STE. MARIE 10

14 ,, If an employee is absent from work and during such absence a job posting is made, such employee will be considered an applicant provided he or a Union Steward acting as his agent and upon his request affixes the employee's name to the posting within the stipulated seven (7) calendar day period The Company shall, within seven (7) calendar days after the notice has been removed, post on the same bulletin board or boards for at least seven (7) calendar days the name and length of service of the successful applicant, a copy of which shall be forwarded to the Union. The Company shall re-assign the successful candidate as soon as may be reasonable under the circumstances. In the event that there is no successful applicant, the Company will then be free to choose an employee who did not apply for such job and who is willing to accept such job, or hire an outside employee to fill such job Notwithstanding clauses to 15.06, if a temporary vacancy occurs which is of thirty (30) days duration or more, or if it is reasonable to assume that the vacancy will be of a duration of thirty (30) days or more, the Company will, Insofar as the requirements and efficiencies of operation will permit, make such temporary vacancy available to all employees in the appropriate seniority group on the basis of seniority and qualifications as set out in clauses (a) and (b) of this collective agreement by posting such vacancy for a period of three (3) days on the bulletin board provided on the premises for such purposes. All such notices shall designate the job classification title, the shift, the rate of pay of such job and the date such notice was posted. Any employee who is in that seniority group may apply for such job within the time limit specified above. The Company will endeavor to complete the re-assignment within ninety (90) days or less. Those employees wishing to apply for such vacancy shall do so by affixing their signature to the job posting notice. Such signature shall be witnessed by a Company supervisor and dated. The Company shall, within two (2) working days after the notice has been removed, post on the same bulletin board the name and length of service of the successful applicant, a copy of which shall be forwarded to the Union. The Company shall re-assign the successful candidate as soon as may be reasonable under the circumstances. In the event that there is no successful applicant, the Company will then be free to choose an employee who did not apply for such job and who is willing to accept such job, or hire a new employee to fill such job. SUDBURY & SAULT STE. MARIE 1 1

15 On completion of such a temporary assignment, the affected employee(s) will revert back to their regular job and/or shift provided such work is available for them. If the employee's former job is not available he shall be re-assigned in accordance with his seniority standing and other provisions of the collective agreement. It shall in all cases remain at the Company' discretion whether or not a temporary vacancy will be filled The following factors shall determine which employees shall fill all vacancies: (a) (b) the seniority ranking of the employee affected in the Sudbury unit; the ability of the individual to fulfill the normal requirements of the job. It is agreed that in circumstances where the factors in (b) above are relatively equal, seniority shall govern. ARTICLE 16- VACATIONS WITH PAY: The Company shall grant annual vacations with pay to employees on the following basis: (a) (b) (c) (d) (e) (f) less than one (1) year of continuous service - in accordance with the Ontario Employment Standards Act; one ( 1 ) year of continuous service - two (2) weeks; five (5) years of continuous service- three (3) weeks; ten (1 0) years of continuous service -four (4) weeks; twenty (20) years of continuous service- five (5} weeks; thirty (30) years of continuous service- six (6) weeks Vacation pay shall be calculated and paid for each week of vacation at the rate of 2% of gross earnings and/or salary earnings received in the year previous to the year in which the vacation entitled to is taken. Vacation pay shall be paid during employee's regular payroll sequence The vacation planner shall be posted by January 1st of each year. All employees shall have until April 1st to select their vacation. By April 15th, finalized vacation scheduled will be posted. It is agreed that the exact dates of the exception weeks will be to the discretion of the Company. SUDBURY & SAULT STE. MARIE 12

16 (a) (b) (c) Employees shall have the option to take vacation entitlement of individual days, however, such days will only be requested after full week vacation requests have been completed in accordance with Article After posting the finalized vacation schedule, requests for weeks or individual days will be permitted until April 30th; preference will be given to full week's vacation over individual days by seniority. After April 3Qth, all requests for vacation weeks or individual days will be considered on a first come, first serve basis Choice of vacation periods shall be based upon the employee's unit seniority The vacation period shall be from January 1st of each year to December 31st If a Statutory Holiday falls within an employee's vacation period, he will be granted another day in lieu thereof, or the holiday pay at the employee's option If an additional day's holiday is granted to an employee in lieu of holiday pay, such day will be taken by mutual agreement between the employee and Company Employees shall be entitled to take all of their vacation weeks of entitlement consecutively at one time provided that the Company is able to maintain a proper and efficient operation Two (2) employees from the inside seniority group shall be allowed to be absent on vacation at the same time One (1) employee from the outside seniority unit shall be allowed to be absent on vacation at any time. One (1) additional employee from the outside seniority unit shall be allowed to be absent on vacation throughout the calendar year with the following exceptions: Week leading up to Victoria Day Last full week leading up to Canada Day The 2 weeks leading up to Civic Holiday The 2 weeks leading up to Labour Day The period of December 1 to December 31 This shall be applicable to Delivery Drivers only and shall exclude Sales Equipment SeiVicemen. SUDBURY & SAULT STE. MARIE 13

17 One (1) employee from the Servicemen Classification shall be allowed to be absent on vacation at any time An employee must be actively at work to qualify for vacation entitlement. In the event that an employee has been absent from work in the previous year on Workplace Safety and Insurance Act benefits, his vacation entitlement for such year of service will be paid at his regular hourly rate of pay on the basis of forty (40) hours per week of vacation entitlement. ARTICLE 17 - LEAVE OF ABSENCE. PERSONAL REASONS: The Company may grant leave of absence without pay to any employee for legitimate personal reasons, including military leave. When granting such leave of absence, it shall be in writing, and seniority shall continue to accumulate as though the employee were actually at work The Union Steward shall be advised of all such leaves of absence. ARTICLE 18- LEAVE OF ABSENCE. UNION BUSINESS: The Company shall, upon request by the Union, grant a leave of absence not to exceed five (5) working days, or ten (1 0) calendar days in the case of the Union's International Convention, to a Union Steward or any employee who is an officer of UFCW 175/633 who may be selected by the Union to attend Union Seminars or Conventions, according to the following provisions: (a) (b) (c) (d) (e) (f) The request must be made to the Manager not less than one month prior to the date that the leave is to commence; Only one (1) employee may be granted a leave at any one time; No more than two such leaves may be granted in the bargaining unit in any calendar year; All such leaves shall be without pay; All applications by the Union for leave of absence and replies by the Company shall be in writing; An employee's seniority date shall not be affected by a leave of absence under this Article. SUDBURY & SAULT STE. MARIE 14

18 (g) In the event an employee requires more time off to attend a union convention or seminar, requests for additional time off will not be unreasonably denied The Company shall grant a leave of absence to any one employee who is selected to fill a full-time office in the Union, provided that application for such leave is made at least sixty (60) days in advance. Any such leave shall be without pay and without the other benefits in this Agreement, and seniority will be retained for one (1) year. Thereafter the leave will be reviewed annually. ARTICLE 19 - LOSS OF DRIVER'S LICENSE: In the event that a truck driver loses his license, he shall, if a vacancy is available, be transferred to that vacancy, provided he has the ability and qualifications to perform the required work. In the event that there is no vacancy available, he shall be considered to be on leave of absence without pay until such time as he is again eligible to drive resulting from the return of his drive~s license, and shall at such time be returned to his former position with his full seniority standing. In the event that additional insurance premiums are required due to suspension or driving violations, such additional cost shall be paid by the employee concerned. This clause shall apply only in the following circumstances: (a) (b) (c) The drive~s license is suspended for the first time during his period of employment with the Company (unless such suspension is due to medical reasons and does not exceed eighteen (18) months); The license suspension is not due to a conviction resulting from an offense committed while operating a Company vehicle; The license suspension does not exceed eighteen (18) months. ARTICLE 20- NO DISCRIMINATION: The Company and the Union agree that there will be no intimidation, harassment, discrimination, interference, restraint or coercion exercised or practiced by either of them or their representatives or members with respect to any employee of the Company by reason of membership or nonmembership in the Union, union activity or by reason of age, race, creed, colour, national origin, disability, religious affiliation, sex, sexual orientation, marital or family status. SUDBURY & SAULT STE. MARIE 15

19 " ARTICLE 21- UNION REPRESENTATIVE, VISITS TO BRANCH: The Company agrees that a full-time representative of the Union, after contacting the Operations Supervisor, or his designate, to receive prior permission, may enter the premises during hours of employment to interview employees and deal with the administration of this Collective Agreement. It is agreed that such visits will be timed to cause as little disruption as possible to the normal conduct of the Company business. ARTICLE 22- PAID HOLIDAYS: The Company agrees to recognize the paid holidays listed below. For the purposes of this agreement, the Company shall decide the day to be designated as any one of the holidays listed below. However, such designated holiday shall be observed within three (3) weeks of its occurrence. Regardless of the day designated to be observed as one of the listed holidays, all employees not working on any of these days, but who worked the last required work day prior to the holiday and the first required work day after the holiday, shall receive one (1) full day s pay at the regular rate of pay. All employees working on these days shall receive time and one half for all the hours worked plus one (1) full day s pay for the holiday. Such holiday pay, however, shall not be payable if the employee is eligible for full or partial payment for the day on which the holiday is observed under any other clause of this agreement (except as set out in article 16) or from any plan or fund to which the Company contributes (e.g. Groups Insurance Plan, Workplace Safety and Insurance Board, Employment Insurance, etc.). New Years Day Day after New Year's Day Family Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Day after Christmas Day In addition to the foregoing holidays, employees shall be entitled to two (2) "Float Days" per calendar year to be taken at a time that is mutually agreed to between the employee and his supervisor. If the supervisor and employee cannot mutually agree on the time to use Float Days, the Float Days shall be paid out to the employee by February 1st of the following year. An employee shall not be denied payment under this article if he was absent on a qualifying day, due to verified personal sickness or accident, personal leave of absence, bereavement leave, jury duty or witness leave as set out in SUDBURY & SAULT STE. MARIE 16

20 this agreement, provided that such absence does not exceed thirty-one (31) days. ARTICLE 23- JURY DUTY: An employee who is called for jury duty or who is required to attend at Court in any matter arising out of his employment, or who is subpoenaed by the Crown to appear in Court as a witness, will receive for each day of necessary absence on that account, the difference between his regular earnings for that day and the amount of the fee received from the Court, provided the employee furnishes the Company with evidence that his attendance is required and satisfactory evidence as to the amount of fee received. ARTICLE 24- SICK PAY: (a) Every regular employee who has completed one or more years of continuous employment with the Company shall be entitled, in each year of the life of this Agreement, to payment for up to six (6) days of absence due to bona-fide illness, (in the event that an employee commences work but becomes ill during the course of the day and does not complete his scheduled shift, such part day of absence will, for the purpose of this clause be counted as one-half (%) day of absence due to illness). Such payments shall be in an amount equal to 100% of the employees regular rate of pay as of the first day of the contract year and any unused credits shall be paid to the employee within thirty (30) days of the end of that contract year. (b) (c) (d) The sick pay credit of a regular employee who has not completed a full year of continuous employment with the Company shall be computed on the basis of a one-half (Y2) day credit for each completed month of continuous employment. No payment shall be made under this clause for any day of absence in respect of which the employee is eligible for full or partial payment under any other clause of this Agreement or from any plan or fund to which the Company contributes (e.g. the Group Insurance Plan, Workplace Safety and Insurance Board, Employment Insurance, Government Pension Plan, etc.). An employee who achieves perfect attendance (i.e. does not call in sick during the course of the year) shall receive a payout of 125% of his/her accrued sick time in accordance with article (a). Perfect attendance excludes days lost due to Workers Compensation and any SUDBURY & SAULT STE. MARIE 17

21 other approved leaves for bereavement, jury duty or other approved time off (e.g. vacation or statutory holiday pay.) ARTICLE 25 COMPENSATION FOR ACCIDENTS AT WORK: In the case of an accident at work as a result of which the employee is disabled for the balance of the day's shift from earning full wages at work at which he is employed, the Company agrees to give the employee the loss of earning compensation covering the day the disability occurred up to one (1) day's pay on the basis of the amount he would have earned at his regular rate of pay had he not been absent, provided the employee checks with his supervisor immediately following receipt of medical attention. ARTICLE 26 - BONDING OF EMPLOYEES: In the event that it is required for employees to be bonded, the Company shall pay one hundred percent (100%) of the total cost of same. ARTICLE 27 LOSS OR DAMAGE TO CARGO OR EQUIPMENT: Employees shall not be charged for loss or damage to merchandise or equipment, except in the case of theft, negligence or willful damage. ARTICLE 28 - BULLETIN BOARDS: The Union shall have the right to use bulletin boards, the type to be approved by the Company, and located in the Employees lunch room and cash-in-room for the posting of Union Notices. All notices shall be approved by the Company before posting. All such notices shall be signed by one of the following persons; the President of UFCW 175/633, a Joint Council Representative, or a Representative of the International Union. ARTICLE 29 SAFETY: The Company shall maintain its plant and equipment in a safe and orderly condition, and the Union shall co-operate with the Company in obtaining proper observances of rules governing safe (and efficient) working practices, safety and fire hazards It is to the mutual advantage of both the Company and the employees that employees should not operate vehicles which are not in a safe operating SUDBURY & SAULT STE. MARIE 18

22 condition and not equipped with the safety appliances required by law. It shall be the duty of employees to report promptly, in writing to the Company, all defects in vehicles in unsafe operating condition in accordance with Department of Highways Regulations. The maintenance of equipment in sound operating condition is not only a function, but a responsibility of management. The determination of, as well as the responsibility for all decisions in regard to the condition of equipment shall rest with the senior qualified representative of the Company on the premises It is agreed between the parties hereto, having regard for safety and drivers' health factor, that all power units shall have adequate heaters, windshield wipers and defrosters installed The Company agrees to pay drivers fines for overweight Company vehicles The parties agree to establish a Safety & Health Committee consisting of a maximum of four (4) persons, two (2) such persons to be appointed by the Union and two (2) by the Company. This Committee shall meet as required but at least every three (3) months. The Committee shall make regular reports to the Company along with recommendations. They shall assist in the enforcement of all safety regulations. ARTICLE 30- BEREAVEMENT LEAVE: In the event of the death of the spouse, child, parent, sister, brother, motherin-law or father-in-law of an employee, that employee will be allowed such time off, with pay, as may be reasonably required in the circumstances. The extent of such leave shall be in the sole discretion of the Company, but the minimum standard will be three (3) days during the seven (7) days following the date of death on which the employee would have been scheduled to be at work were it not for the bereavement. In the event of the death of an employee's sister-in-law, brother-in-law (of the employee's current spouse), daughter-in-law, son-in-law and grandparents, that employee will be allowed one (1) day off, with pay, to attend the funeral. It is further agreed that these provisions shall be interpreted to include steprelations and common-law spouses. It is also agreed that the bereavement leave as referred to herein may be increased by up to two (2) days travel time, provided that such additional time off is necessary in the particular circumstances and that approval is obtained in advance of departure. In the event of a delayed interment or ceremony, an employee may save one of the days identified above without loss of pay to attend the interment or ceremony. SUDBURY & SAULT STE. MARIE 19

23 .. " All bereavement leave must be approved prior to the employee's absence. ARTICLE 31 - CALL-OUT PAY: If an employee has completed his day's work and left the Company' premises and is subsequently called into work by the Company he will be paid a minimum of four (4) hours pay at his regular straight time hourly rate, but this provision shall not apply when an employee is requested to work overtime at the commencement of his shift. ARTICLE 32- REPORTING PAY: If an employee reports for work at the commencement of his regular shift without having previously been told not to report, and there is no work available at his regular job, he shall be paid a minimum of four (4) hours pay at his regular straight time hourly rate, provided he performs whatever available work which is assigned to him. However, any such employee who has been absent from work must assume the responsibility for checking with the Company to determine if work is available before returning. ARTICLE 33- CLOTHING & SAFETY SHOE ALLOWANCE: The Company will supply to each employee without cost as reasonably required by him during every second year of this agreement, the total amounts specified in the following schedule: OUTSIDE AND SAULT STE. MARIE UNIT SENIORITY Five (5) trousers Five (5) shirts Five (5) T -shirts One (1) windbreaker One (1) cap or toque One (1) vest or rain jacket One (1) winter jacket NOTE: Should an employee in the Outside Unit or Sault Ste. Marie Unit Seniority so desire, he may: receive an extra pair of trousers in lieu of one (1) windbreaker or vice-versa receive an extra shirt in lieu of two (2) T -shirts SUDBURY & SAULT STE. MARIE 20

24 receive one (1) (or more) pair of shorts in exchange for one (1) (or more) pair of trousers INSIDE UNIT SENIORITY One (1) cap or toque Five (5) trousers Five (5) shirts Five (5) T-shirts One (1) winter jacket NOTE: Should an employee in the Inside Unit Seniority so desire, he may: receive an extra pair of trousers in lieu of two (2) shirts, or vice-versa receive an extra shirt in lieu of two (2) T-shirts receive one (1) (or more) pair of shorts in exchange for one (1) (or more) pair of trousers Uniforms shall remain the property of the Company and shall be returned to the Company when employment is terminated. Every employee to whom uniforms are provided, in accordance with Company Policy, shall be required to wear such complete uniform during working hours. Uniforms, in whole, or part, are not to be worn outside of working hours or in conjunction with any items of personal clothing except in transit to and from work. Following completion of the probationary period, new regular full-time employees will be issued work clothing as soon as practical When a regular employee qualifies for issue of safety boots, such employee may purchase such footwear from a supplier approved by the Company and the Company shall bear the cost up to a maximum of one hundred and seventy-five ($175.00) dollars per employee per year. The safety footwear reimbursement rate shall increase to a maximum of one hundred and eighty-five ($185.00) dollars in All safety footwear must meet Company guidelines and any additional safety footwear purchased for at-work wear must meet Company guidelines as well. Any cost in excess of the allowance shall be paid by the employee. The required safety standards, all such footwear must have steel toe caps and puncture resistant soles (green patch) and any additional safety footwear purchased must meet the same specifications. SUDBURY & SAULT STE. MARJE 21

25 ..... Probationary employees are required to provide their own approved footwear. However, they will on completion of their probationary period be paid the safety footwear allowance. ARTICLE 34 - REST PERIODS: The Company shall grant to all employees a rest period of fifteen (15) minutes' duration during each half of the shift with pay. Such rest periods shall be taken as close as possible to the mid-way point of each half shift. ARTICLE 35 - LUNCH PERIODS: The Company shall grant all employees a daily lunch break of one-half hou... s duration (unpaid). Such lunch period shall be taken between the 3rd and 5th hour of their regular shift. ARTICLE 36- REST PERIODS ON OVER-TIME: If an employee is to work more than two hours over-time, or if it is anticipated that an employee will be required to work two (2) or more hours over-time at the end of his regular shift, he will be allowed to take a ten (10) minute break without loss of pay before he commences his over-time, and further he shall be paid a meal allowance of ten dollars ($10.00). Such employee shall be entitled to further fifteen (15) minute paid rest periods upon completion of each further two hours work. ARTICLE 37 - HEALTH INSURANCE PLANS: Subject to eligibility requirements, employees in the bargaining unit are entitled to participate in the flexible prevailing benefits plan(s) maintained by the Company for hourly employees (currently "Benefits Plus"). The terms and conditions of participation and benefits entitlements shall be governed by the official text of the plan(s) (as from time to time amended). For clarity, the Company's obligation in respect to such plans is limited to the payment of premiums only and the Company reserves its right to amend, modify or alter these plan(s) in the future at its discretion. The benefit plans are not incorporated into the collective agreement and will not be the subject matter of arbitration. SUDBURY & SAULT STE. MARIE 22

26 37.02 WEEKL V INCOME BENEFITS L. T.D. The Weekly Income Benefits will be sixty-six and two-thirds {66 2/3%) percent of regular straight time earnings to a maximum of five hundred and fifty ($550.00) dollars per week. 1. All regular full-time employees shall be covered by a long-term disability insurance program which will include the regular features: (a) The benefit will be based on sixty-six and two-thirds (66 2/3%) percent of regular straight time earnings in effect at the time disability commences, up to a maximum monthly benefit of two thousand ($2000) dollars; {b) (c) (d) (e) Benefits will be payable monthly, after a qualifying W.I.B. period of twenty-six (26) weeks of continuous absence due to "disability", and will continue as long as "total disability" lasts, up to age 65; "Disability" will mean an incapacity which prevents the employee from performing his/her regular duties during the qualifying W.I.B. period of twenty-six (26) weeks, and the following L.T.D. benefit period of one hundred and four (104) weeks. If still disabled after a combined period of one hundred and thirty (130) weeks, disability is then considered total if it prevents the employee from performing any work for which he/she is reasonably qualified by education, training or experience; Benefits payable under the L.T.D. plan will be reduced by the amount of disability income benefit, if any, payable by the Canada/Quebec Pension Plan (primary benefit only) or by Workplace Safety and Insurance Board. The policy shall include such limitations and restrictions as are usually found in L.T.D. policies; Participation in the L.T.D. plan will be mandatory for all eligible employees on completion of the probationary period. Coverage is effective on the date the employee becomes eligible, provided he/she is at work on such date. If the employee is absent from work on the date of eligibility, L.T.D. coverage will not become effective until he/she returns to active employment. SUDBURY & SAULT STE. MARIE 23

27 (f) (g) Pre-existing conditions are not covered unless the employee, after becoming insured, has been actively working for three (3) consecutive months with no absence related to the pre-existing condition; The Company shall pay one hundred (1 00%) percent of the L.T.D. premium. 2. During the one hundred and thirty (130) week benefit period referred to in point 1 (c) above, the Company will continue in force the benefits referred to in Article of the Collective Agreement. ARTICLE 38 - HOURS OF WORK AND OVERTIME: DAY SHIFT- (SHIFT SCHEDULE): For purposes of this Agreement, time worked shall be calculated in units of fifteen (15) minutes and periods of work of less than fifteen (15) minutes per day shall be disregarded (a) The basic work week of employees shall consist of forty (40) hours worked (exclusive of a one-half (Y2) hour unpaid lunch period) to be worked in either four (4) ten (1 0) hour shifts or five (5) eight (8) hours shifts or three (3) twelve (12) hour shifts Monday through Saturday. The hours of work on a twelve (12) hour shift shall average forty (40) hours per week over a three (3) week period, comprising ten (1 0) shifts. Where twelve (12) hour shifts may be added by the Company, please refer to Letter of Agreement #5 (page 32). (b) Work schedules shall be posted for the Outside seniority unit in accordance with Article Any schedule changes, including all call-ins, shall be marked on the appropriate schedules and initialled by supervisors Every employee shall be paid a night shift premium of One ($1.00) dollar per hour for work performed by him and required by the Company after four-thirty (4:30) p.m. in a day and before seven (7:00) a.m. in the following day, provided, however, that such premiums shall not be paid for any time worked in respect of which overtime premium is payable. For the purposes of this Agreement, such night shift premium shall not be considered as forming part of employee's hourly rate. Employees hired after April 1, 1996 shall not be entitled to the above noted night shift premium. SUDBURY & SAULT STE. MARIE 24

28 , An employee who works in excess of forty (40) hours in a week shall be paid overtime at time and one-half (1 Y2) his basic hourly rate for all such overtime hours and for all hours in excess of eight (8) hours per day worked by the employee working five (5) eight (8) hour shifts, in excess of ten (1 0) hours per day for the employee working four (4) ten (10) hour shifts and in excess of twelve (12) hours per day for the employee working three (3) twelve (12) hour shifts. It is understood and agreed that nothing herein shall constitute a guarantee of hours worked per day or week or guarantee of working schedule Drivers may be required to work up to a maximum of two (2) hours overtime per day to finish their routes. Out of town drivers are expected to lawfully finish their routes Every employee who is scheduled to work on a Saturday as part of his forty (40) hour work week shall, while so scheduled, be paid a premium of One Dollar and Twenty-Five ($1.25) cents per hour for work performed by him and required by the Company, unless he is entitled under the other provisions of this article to be paid at the rate of one and one-half (1 Y2) or two (2) times his hourly rate, as the case may be, for work so performed by him and required by the Company. For the purposes of this agreement, such premiums shall not be considered as forming part of an employee's hourly rate. Employees hired after April 1, 1996 will not be eligible for the above noted weekend premium (a) Every employee shall be paid at the rate of one and one-half (1 Y2) times his hourly rate for all work performed by him and required by the Company on any of his weekly scheduled days off unless he is entitled under clause (b) to be paid the rate of two (2) times his hourly rate. (b) Every employee shall be paid at the rate of two (2) times his hourly rate for all work performed by him and required by the Company on a Sunday REGULAR WORK WEEK- AND - DAILY WORK SCHEDULE OF PERSONS CLASSIFIED AS SALES EQUIPMENT SERVICEMAN: (a) (b) The regular work week of the above named persons may be TUESDAY through SATURDAY one week and MONDAY through FRIDAY the following week. the above weekly rotation may be altered by those employees affected upon mutual agreement by all concerned. The regular daily work schedule of such persons shall be in accordance with Article SUDBURY & SAULT STE. MARIE 25