COLLECTIVE AGREEMENT. -between- D & H CUSTOM WOODWORKING LTD. (herein called the "Employer") -and-

Transcription

1 COLLECTIVE AGREEMENT CERT.DATE. TOTAl EIVlPS D & H CUSTOM WOODWORKING LTD. (herein called the "Employer") -between- -and- UNITED BROTHERHOOD OF CARPENTERS AND JOINE~R~S~':j~~~~L.::::.::..:.::.:...:...: CENTRAL ONTARIO REGIONAL COUNCIL of (hereinafter known as the "Union") ARTICLE 1- PURPOSE On Behalf of Lo.cal 1072 OFFICE OF SEP COLLECTIVE BARGAINING INFORMATION 1.01 It is agreed that this agreement is for the exclusive joint use and benefit of the contracting parties, as heretofore defined. It shall be construed as binding and effective in determining only the relations with each of those represented by the parties signatory hereto. It is the intent and purpose of both parties that this agreement will promote and maintain a spirit of good will between employer and employees. ARTICLE 2 -RECOGNITION 2.01' The employer recognizes the Union as the sole and exclusive bargaining agent of all it's employees at it's plant(s) in Kitchener, Ontario save and except foreman, supervisors and office sales staff In the event that the present manufacturing relocated to a new location, the Employer agrees to recognize the employees and this agreement at the new location The Employer agrees that there will be no contracting out of bargaining unit work to the extent that it would cause a lay-off or delay a recall of employees.

2 .. _.. ARTICLE 3 -HOURS OF WORK 3.01 The regular work week shall consist of forty ( 40) hours of work, Monday through Friday inclusive and eight (8) hours per day, to be worked between the hours of 7:30 a.m. to 4:00 p.m. with one half ('l'2) hour for lunch at noon and from the last weekend of June to Labour Day the eight (8) hours per day, to be worked between 6:00A.M. to 2:30P.M. with one half (1/2) hour for lunch at eleven 11:00 A.M In a week in which there is a paid holiday, the regular work week shall consist of one (1) full shift less than stated in Article 3.01 above The Employer agrees that there will be a ten (1 0) minutes paid rest period during the middle of each half shift. The Employer further agrees to provide a ten (1 0) minutes paid rest period at the end of one (1) hour overtime OVERTIME An employee who performs any work after eight hours per day, shall be deemed to be performing overtime work and the following conditions shall apply: a) The first three (3) hours worked outside of the hours of work as provided in Article 3.01 of this agreement shall be paid at the rate of time and one-half (1 'l'2) of the employees basic hourly rate. b) After three (3) hours of overtime has been worked, all further hours of overtime shall be paid at the rate of double time, double the employees basic hourly rate. c) No overtime shall be worked after (12) midnight on any day as set out in Article 3.01 of this agreement. d) All overtime shall be on a voluntary basis. The Employer shall have the right to select the employees according to job qualifications. e) Overtime worked on Saturday shall be paid at the rate of time and one-half (1 'l'2) the employees regular rate of pay for the first four hours and one-half (4Vz) hours, thereafter, all time worked shall be paid at two times (2) the employees regular hourly rate of pay. t) All time worked on Sundays shall be paid at the rate of two (2) times the employees regular rate of pay. g) When overtime period exceeds three (3) hours a twenty (20) minute paid rest period shall be provided. 2

3 h) It is agreed that no employee shall return to work or be requested to return to work until at least eight (8) hours has elapsed since his last shift of work ended. ARTICLE 4- WAGE RATES AND CLASSIFICATIONS 4.01 Wage rates and Classifications shall be as set forth in Appendix "A" of this Agreement and forming part of this Agreement for in plant employees and as per Appendix "B" of this Agreement and forming part of this Agreement for installers and out of plant work Laborers and Helpers shall not perform production work on any machine within the plant All new employees shall be classified as per Appendix "A" of this Agreement after serving a probationary period of three (3) months Employees appointed to act as a first aid attendant shall receive an additional ten cents (0.1 04") per hour above their job classification rate The Employer agrees to grant to all employees a wage increase of: Effective May 15, % per hour increase. Effective May 15, % per hour increase. Such wage increases shall be reflected in like amount on the wage rates set forth in Appendix "A" attached It is agreed and understood that the wage rates as set forth in Appendix "A" attached are considered as minimum, and if the skill and ability of the employee warrants, the employer can speed up the employees progressive wage rate accordingly. It is also agreed that if the skill and ability of the employee warrants, the Employer may increase the employees wage rate above and beyond the maximum of his classification. ARTICLE 5 -PAID HOLIDAYS 5.01 Paid holidays shall be in accordance with the Employment Standards Act The employer agrees to pay all employees after having served a probationary period ofthree (3) months, eleven (11) paid holidays as follows: New Years Day Christmas Day 3

4 Good Friday Victoria Day Dominion Day Civic Holiday Thanksgiving Day Boxing Day *Floater between Christmas & New Years *Two Half Day Floaters Labour Day 5.03 If any of the paid holidays fall on a Saturday or Sunday, the following Monday shall be the recognized holiday Any employee required to work on any of the above named holidays shall be paid at the rate of double the regular straight time hourly rate, in addition to the holiday pay In order to qualify for payment for the holidays, the employee must: a) Have completed their probationary period of three#) months; b) Have worked at least the working day prior to the holiday and the working day following the holiday In addition to the foregoing, the employee shall be eligible for paid holidays when absent from work due to: a) Being on vacation; b) Death in the immediate family; c) Non-compensable injury ofthe employee for a period of no longer than six (6) months; d) Serving jury duty, crown witness or coroner's inquest. e) On Employer sanctioned leave of absence; f) On lay-off not exceeding fifteen (15) working days immediately prior to the paid holiday In the event that one (1) or more of the paid holidays occurs during the employees vacation period, said employee shall receive the holiday immediately prior to or immediately following such vacation period The Employer agrees to grant a full day off work with pay for those employees who are war veterans and who may desire to attend November 11th Remembrance Day Services. All other employees desiring to attend Remembrance Day Services 4

5 shall receive two (2) hours off work with pay from 10:00 a.m. to 12:00 noon, provided however they report back to work by 12:30 p.m. of the same day The Employer agrees that no work shall be performed on Labour Day by any employee. ARTICLE 6- VACATIONS AND PAY 6.01 a) Up to twelve (12) months of service one (l) week vacation at 4% of gross earnings. b) Twelve (12) months of service but less than five (5) years, two (2) weeks vacation at 4% of gross earnings. c) Five (5) years of service but less than ten (10) years, three (3) weeks vacation at 6% of gross earnings. d) Ten (10) years of service but less than fifteen (15) years, four (4) weeks vacation at 8% of gross earnings. e) Fifteen (15) years of service but less than twenty (20) years, five (5) weeks vacation at 10% of gross earnings. f) Twenty (20) years of service or more, six (6) weeks vacation at 12% of gross earnings a) Employees with twelve (12) or more months of service with the Employer shall not receive less than a normal weeks wage for vacation pay, when loss of earnings have been brought about due to illness of the employee and such illness does not exceed eight (8) weeks' pay. b) Employees with twelve (12) or more months of service with the Employers and suffered loss of gross pay due to illness exceeding eight (8) working weeks, the employees vacation pay shall be calculated on the basis of four ( 4%) of gross earnings inclusive of an additional normal eight (8) weeks' pay The length of service requirement for vacation and pay shall mean continuous and non-continuous service with the Employer a) Entitlement for vacation pay shall commence on the anniversary date the employee reached the required length of service as set forth in 6.01 above. b) Entitlement for vacation period as per 6.01 above, shall be determined by the length of service of the employer as of July 1st of each vacation year. 5

6 6.05 Employees who voluntary perform work for the Employer at the request of the Employer during the plant shut down for vacation, shall take their vacation(s) at such time or times as may be mutually agrees upon the Employer and the employee concerned All vacations shall be granted and taken prior to December 31st of each vacation year The Employer agrees to establish the date of the annual vacation period not later than May 1st of vacation year and within the period of July 1 51 and August After such date no changes shall be made in the vacation period unless by mutual consent of the Employer and the Union Vacation pay entitlement shall be paid to all employees no later than the next fay period immediately following the vacation pay calculation on or near June 30 1 of each vacation year. ARTICLE 7 -SENIORITY 7.01 The Employer recognizes that job opportunity and security in the bargaining unit shall increase in proportion to length of service It is therefore agreed that in all such cases of promotion, transfer, layoff and recall shall be based on seniority provided that the employees affected have the ability and physical fitness to perform the work at an acceptable level 7.03 Seniority of each employee in the bargaining unit covered by this Agreement shall be established after a probationary period of three (3) months and shall count from the date of employment Probationary employees do not acquire seniority until the completion of the probationary period. Probationary employees may not have access to the grievance and arbitration provisions in the event of a discharge The Employer agrees that when an employee passes the probationary period of three (3) months or is promoted to any other classification by way of job posting, the Employer shall classify the employee and such notice will be given to the shop steward without delay Seniority shall be maintained and accumulated during: 6

7 a) Absence due to lay off, not exceeding twenty-four (24) consecutive months; b) Sickness or accident, not exceeding his seniority; c) Compensable illness or injury of the employee; d) Authorized leave of absence; e) Absence while serving in the Canada's Armed Forces; f) Maternity leave An employee shall lose his seniority, his employment terminated and his name shall be removed from all seniority lists for any of the following reasons: a) If the employee quits voluntarily; b) If the employee is discharged for just cause and not reinstated in accordance with the provisions of this agreement. c) If he is laid off and fails to comply with the time limits set out in the recall provisions; d) If the employee is absent from his duties without a good reason for more than three (3) consecutive working days without securing a written leave of absence or notifying the Employer of the absence; e) If the employee is or has been transferred to a position outside of the bargaining unit as defined herein, said employee shall retain his seniority and continue to accumulate seniority for a period of six (6) months; if during this six (6) months period the employee is transferred back to the bargaining unit, the said employee shall retain all accumulated seniority The Employer shall maintain a seniority list for the plant, and a copy of such list shall be posted for employee's inspection. The list shall be posted in January and July of each year. The Union shall receive a copy of such seniority listings with the additional information of, classification of employee, employees department and the employee's hourly rate being received. 7

8 7.09 JOB POSTING All vacancies for positions and newly created positions shall be posted on the bulletin board(s) for a period of three (3) working days. Applications shall be supplied by the Employer The Employer agrees that before a job posting is posted, the shop steward shall receive a copy of such posting. The Employer further agrees to supply the shop steward with all names of applicants who applied for the job posting and the name of the successful applicant before it is placed on the bulletin board(s) An employee may be ruled ineligible if he has bid for and filled another position within the last six ( 6) months Successful applicants posting for vacancies and newly created jobs shall be based on seniority, provided the employee affected have the ability and physical fitness to perform the work at an acceptable level. In such cases employees shall receive a trial period of up to thirty (30) working days. In the event that an employee wishes to return to the position he previously held prior to the posting, he may do so within twenty (20) working days In the event that an employee does return to his previous position, other applicants that applied for the job shall be given the same opportunity to perform the job as stated above LAY-OFF, RECALL, BUMPING a) The Employer agrees to give notice of lay offs to employees affected five (5) working days prior to scheduled lay off. b) In all cases of lay offs, probationary, temporary and students shall be laid off first. c) When lay offs occur an employee may exercise his seniority to bump a less senior employee in his classification provided the employee is able to perform the work. If a job can not be obtained in his own classification, he shall exercise his plant wide seniority and displace a less senior employee in the plant provided the employee is able to perform the work. Any employee who exercises his plant wide seniority and fails to perform the work will be laid off. d) Bumping into a higher job classification will be permitted, provided said employee(s) seniority is greater than the employee being bumped and he can perform the work. (ALL BUMPING PROCEDURES SHALL TAKE PLACE WITH THE SHOP STEWARD PRESENT.) 8

9 e) Recall to work shall be in reverse order in which the employees were laid off, provided that the employee being recalled has the ability and physical fitness to perform the work that is available. f) An employee having been laid off from his classification for lack of work and who has bumped to another classification as a result of such lay off, shall return to the classification from which he was laid off when there is work again available. g) Recall to work shall be by PRIORITY POST sent by the Employer to the last recorded address of the employee. It is the responsibility of the employee to keep the Employer informed of any change of address and their current telephone number. h) Employees who do not return to work as requested in the letter of recall within five (5) working days following the date on which the letter was received shall be considered to have terminated employment and their names will be stricken from the seniority list If an employee substitutes in any classification on any job for more than one (1) or more days, he shall receive the job rate retroactively for the one (I) day and for any additional days worked while continuing in the job, or he shall receive his regular rate, whichever is greater For the purpose of promoting employees to a higher classification, the Employer agrees to meet with the Shop Committed in December of each year for reviewing all classifications when requested by any employee. Employees wishing to have their classifications reviewed, must give their name to the shop steward during the month of November of each year. ARTICLE 8 - SHOP STEWARDS 8.01 The Employer recognizes that the right of the Union to appoint a reasonable number of shop stewards from employees in the bargaining unit for the purpose of assisting employees in processing grievances. In order to be eligible, an employee must have completed his probationary period. The Union shall keep the Employer informed in writing of the names of stewards and the effective dates of their appointments The Union acknowledges that the steward(s) has his regular duties to perform on behalf of the Employer and that he will not leave such duties without receiving permission from his foreman or supervisor, such permission shall not be unreasonably withheld. He shall state his destination to his foreman or supervisor and report when he returns to his regular duties. With this understanding, the 9

10 Employer will compensate the steward for time spent during regular working hours by him in handling grievances and any in plant Union business in accordance with the provisions of the Collective Agreement The Employer agrees to direct all newly engaged employees to report to the shop steward before commencing work In the event of lay-offs, shop steward(s) shall be retained irrespective of his seniority standing, provided that the said shop steward is willing and able to perform the work If an authorized Union representative employed by the union, wishes to talk in person during regular business hours about official Union business with a Local Union representative who is an employee of the Employer, he shall advise the Employer's office which shall release the Local Union representative from work without loss of regular pay and permit the representative to confer privately on the Employer's premises It is understood and agreed that from time to time employees may be directed to meet with the Employer's representative for the purpose of discussing work related matters. However, if during such a meeting a warning or discipline, either written or verbal is given, then it shall only be given after the employee has had sufficient time to have the shop steward present if he so wishes. If following such a meeting a written warning or some form of discipline is given, a copy of the same shall be given to the shop steward immediately. Either party may request to be afforded a further meeting to discuss the warning or discipline notice and the shop steward shall be present It is agreed and understood that a copy of all employee warning and discipline notices be given to the shop steward immediately following the receiving of the same by the employee. ARTICLE 9- UNION SECURITY AND CHECK-OFF 9.01 All present employees who are Union members shall maintain their membership and every new employee upon completion of the probationary period, shall join the Union and remain a member of the Union in good standing as a condition of continued employment with the Employer The Employer agrees, during the term of this Agreement to deduct from the wages of each employee in the bargaining unit, an amount equal to the regularly authorized Union dues and assessments and to remit to the Financial Secretary of the Union the monies deducted, along with a list of names of the employees, their S.I.N., current address and phone number from whom deductions were made and 10

11 the amount so deducted. Deductions shall be made from the last earned pay in each month and remitted to the Financial Secretary of the union not later than the fifteenth (15 1 h) ofthe month following The Employer further agrees that it will deduct from the wages of new employees upon completion of the probationary period, an amount equal to the regularly authorized Union initiation fee. The amount so deducted shall be remitted to the Financial Secretary of the Union along with the Union dues for that month Upon written notification from the Union, the Employer agrees to deduct back dues from the employees. ARTICLE 10 ~ GRIEVANCE PROCEDURE The employee/steward is to write out the grievance on a form provided by the Union. The form is to be completed in triplicate, one copy to be handed to his foreman, one copy to be given to the shop steward and one copy to be retained by the griever The employee is to receive a written reply from his foreman within (3) working days. If the employee is not satisfied with the foreman's answer, he will then submit the grievance to the General Manager the Employer representative in charge of personal The General Manager will respond to the grievance in writing within five (5) working days from the day he receives the grievance. If the employee is not satisfied with the answer given by the General Manager, a meeting will be scheduled to try to resolve the grievance. The Union representative of the Local will attend such meeting. After such meeting has taken place, the Employer shall respond to the union representative within three (3) working days It is agreed that upon the failing of an agreeable solution to the grievance, said grievance shall be submitted to arbitration in accordance with the Ontario Labour Relations Act The Union or Employer shall have the right to initiate a grievance of a policy nature or a matter of interpretation of this agreement, commencing at the General Manager stage of the grievance procedure in accordance with Article of the Collective Agreement Time limits in accordance with the grievance procedure may be extended upon written agreement by both parties. II

12 ARTICLE 11 -DISCHARGE & DISCIPLINARY PROCEDURE The employer shall not take disciplinary action without first warning the employee, unless the circumstances justify immediate discharge or suspension. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be dealt with commencing at the General Manager level or grievance procedure section of this agreement Such grievance must be undertaken with three (3) working days of it's occurrence. Warning notices shall be given in writing in the presence of a shop steward. The Employer and Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly If it is determined or agreed at any step in the grievance procedure or decided by a Board of Arbitration and/or a single arbitrator that any employee has been disciplined or discharged unjustly or unreasonably, the Employer shall reinstate the employee on his previous job with no loss of seniority and pay that the employee would have earned had he been working, or by any other arrangements as to compensation which is just and equitable in the opinion of the parties or in the opinion of a single arbitrator and/or a Board of Arbitration if the matter is referred to such. ARTICLE 12- REPORTING ALLOWANCE If the work for which the employee was scheduled to report to is not available or if there is no substitute work which is within the employee's reasonable capacity to perform and which is not of such nature as to involve material change in the employee's working conditions, he shall be paid nevertheless for four (4) hours pay. The rate of pay will be the straight time hourly rate for the job he was scheduled to report to. If the employee refuses to accept the substitute work, he will not be entitled to reporting pay as above provided. The provisions of this section shall not apply when such lack of work is brought about due to labour dispute or conditions beyond the control of the Employer. Lack of work or machine breakdown or shortage of material shall not be considered beyond the control of the Employer. ARTICLE 13 -BEREAVEMENT PAY AND LEAVE When it is necessary for an employee, other than a probationary employee to be absent from work for a period of up to three (3) working days due to the death in the employees immediate family, which shall include: wife, husband, father, mother, sister, brother, son, daughter, father-in-law and mother-in-law, the employer will pay for such time that otherwise would have been worked at the employees straight time hourly rate. When it is necessary for an employee, other 12

13 than a probationary employee to be absent for one (1) working day due to the death of grandmother or grandfather, the Employer will pay for such time that would otherwise would have been worked at the employees straight time hourly rate. Eligibility for such payment will require submission of reasonable proof. The Employer may request such reasonable proof in writing. Under no circumstances will a duplication of payment occur when payment is provided under other sections of this Agreement. In any case, payment will end on the day of the funeral. ARTICLE 14- CO-OPERATION The Employer and the Union shall co-operate to establish and observe rules concerning safety, sanitation, shop practices and conduct. The Employer shall supply all employees with copies of plant rules and regulations. Such rules and regulations shall not conflict with any of the terms of this Agreement. ARTICLE 15- PAY PERIOD It is agreed that the pay periods will be on a weekly basis, paid by direct deposit to the employee's accounts. The Employer shall set-up the direct deposit to the employee's accounts by year-end. ARTICLE 16 -PAY ON DAY OF COMPENSABLE INJURY An employee hurt in an industrial accident shall be paid for the time lost on the day he was injured at his regular basic straight time hourly rate The Employer shall pay for the time spent by employees during working shift hours for medical treatment required as a result of an industrial accident or disease incurred while in employment with the Employer The Employer shall not be responsible for the payment of such time and transportation which is compensated by the Workers Compensation Board. ARTICLE 17- HEALTH AND WELFARE a) The Company Agrees to sign a Participation Agreement authorizing participation in the Carpenters' Union (Industrial Division) Employee Benefit trust; 13

14 b) The Company also agrees to contribute to the Carpenters' Union (Industrial Division) Benefit Trust for each employee in the bargaining unit from May 15, 2003 to May 14, 2004, two hundred and eighty eight dollars ($ ) plus O.S.T. for Family coverage and one hundred and twenty-nine dollars and sixty cents($ ) plus O.S.T. for Single coverage, per month. Effective April 15, 2004, the Company and the Union shall open negotiations only to discuss a proposed fifteen (1 5%) increase to the Benefit Trust Fund. Premium for Long Term Disability (L.T.D.), shall be paid by each member of the bargaining unit. When an employee is laid off, Long Term Disability (L.T.D.) coverage will terminate after a period of three (3) months. The moneys shall be remitted to the administrator of the Fund designed by the Board of Trustees, not later than the fifteenth (15th) business day of each month, it will result in a penalty of two per cent (2%) interest per month or portion thereof The Employer shall continue to pay the premium cost of the Health and Welfare program for each employee who is absent from work due to: a) Compensable injury or illness, or, b) Illness or injury of the employee The Employer shall continue to pay the premium cost of the Health and Welfare program for a maximum period of three (3) months when an employee is absent from work due to lay off The Employer agrees to notify the employee when they are no longer eligible for premium payment by the Employer, and the employee shall be permitted to go on a pay direct of premium cost to the Employer until they return to work Sick Days Effective from May 15, 2001, employees with seniority will be eligible for a maximum of two (2) sick days. Effective from May 15, 2004, employees with seniority will be eligible for a maximum of three (3) sick days. 14

15 These sick days cannot be accumulated, carried over or cashed out if they are not used in the specified year by the employee Short Term Disability 17 week maximum benefit period Integrated with EI Disability benefits, ie. STD pays during EI 14 day waiting period; EI then pays the next 15 weeks. Member is not eligible for STD unless they apply for EI- if they get denied by EI, then the member is eligible for STD for up to 17 weeks but must provide proof of EI denial. Covers non-occupational disabilities only Ceases at retirement Coverage is from 1 51 day of accident; 8 1 h day of sickness; 1 51 day of hospital Benefit is $ per week. ARTICLE 18 -LEAVE OF ABSENCE The Employer shall grant a leave of absence to an employee for valid reasons and granting of such leave shall not be reason for invalidation of seniority accumulation, provided such leave of absence does not extend beyond one (1) year. ARTICLE 19- INSTALLERS Where the word installers is used herein, it shall mean: a workman who prepares, erects walls, partitions, floor panelling, mouldings, wall decor, ect., who places floor and wall type fittings, shelves, counters and display counters The terms and conditions for installers shall be as set forth in Appendix "B" of this agreement and forming part of this agreement Installers while performing work within the plant shall be governed by the rates of wages and classifications as set forth in Appendix "A" of this agreement All daily overtime including driving time shall be accumulated and at the appropriate times all benefits (vacation pay etc.) shall be calculated as if the overtime had been paid to the employee. The rate for driving and in shop time shall be paid at the highest rate of a Cabinetmaker in the Collective Agreement. ARTICLE 20- BULLETIN BOARDS 15

16 20.01 The Union shall have the right to use the employee's bulletin board for the purpose of notice of meetings. Notice of other nature must first have approval of the Employer before posting. Such bulletin boards are to be placed in a suitable location for the observance of all employees. ARTICLE 21 -SPECIFIC UNION RIGHT The Employer shall allow members of the Union, leave of absence without pay to attend Union Conventions and Conferences, up to a maximum of one ( 1) employee at a time. ARTICLE 22- MANAGEMENT OF THE COMPANY Subject to the agreement, the Union acknowledges that nothing in this agreement shall limit the Employer in the exercise of its functions of management under which it shall have the right to: a) Maintain order, discipline, efficiency and quality; b) Hire, retire, discharge, transfer, classify, promote, demote or discipline employees provided a claim of discriminatory classification, promotion, transfer, or a claim that an employee has been discharge, disciplined or retire without just cause, may be the subject of a grievance and dealt with as hereinafter provided; c) Generally to manage the industrial enterprise in which the Employer is engaged and without restricting the generality of the foregoing, to determine the number of plants, the products to be manufactured, the method of manufacturing, the schedules of production, kinds and locations of machines and equipment to be used, processes of manufacturing, the formulating of its products produced and the established standards of quality for all equipment and operations, and products manufactured. ARTICLE 23- HEALTH AND SAFETY The Employer agrees that it shall be mandatory for all employees to wear government approved safety shoes, and the Employer shall make such shoes available. at least once every twelve (12) months, with the Employer paying one hundred and twenty-five ($125.00) dollars towards the cost of such shoes. 16

17 23.02 New employees shall be required to pay full cost of such safety shoes and after serving their probationary period, the Employer shall refund the new employee the amount of share cost set forth in above, pro rated to May of each year The Employer agrees to pay one-hundred per cent (1 00%) of the cost providing protective clothing for the finishing department and the maintenance of same It is agreed that all employees be given a wash and clean up period as follows: a) Finishing Room - seven (7) minutes prior to noon lunch break and a further seven (7) minutes prior to quitting time. b) All other employees- two (2) minutes prior to noon lunch break and a further three (3) minutes prior to quitting time. ARTICLE 24 -OCCUPATIONAL HEALTH AND SAFETY Each party to this agreement, regardless of the number of employees, shall establish a committee in accordance with the Occupational Health and Safety Act. The composition of the committee, its powers and function shall be as prescribed under the Act Any matter in dispute arising from the functioning of the committee shall be resolved in accordance with the remedies provided under the Act The Employer agrees to abide by the Federal, Provincial and Municipal Laws, By Laws and Legislation. ARTICLE 25- JURY DUTY AND CROWN WITNESS OR CORONERS INQUEST An employee who has completed his probationary period and who is required to serve as a juror or crown witness or at a coroner's inquest as result of which he is unable to perform his regular days work shall be entitled to receive for each day of absence, the difference between his regular straight time hourly rate for all hours lost and the amount of fee received provided he furnishes the Employer with a certificate signed by the clerk of the court showing the amount of fee received. 17

18 ARTICLE 26- UNION LABEL It is hereby understood and agreed by the Employer and the Union that an application shall be made for the Union Label to the First General Vice-President of the United Brotherhood of Carpenters and Joiners of America. If the application is approved and the Union Label is issued by the United Brotherhood of Carpenters and Joiners of America to be placed upon the Employer's products, it is understood and agreed that the Label shall remain the property of the United Brotherhood of Carpenters and Joiners of America and shall be at all times in the possession of a member of the United Brotherhood of Carpenters and Joiners of America; and that said Union Label shall at no time be used in a manner that will be detrimental to the interest and welfare of the members of the United Brotherhood of Carpenters and Joiners of America, then the use of said Label shall be immediately withdrawn from the mill, shop, factory, or manufacturing establishment ofthe Employer Said Union Label shall be provided free of charge to the Employer in the form of a rubber stamp. ARTICLE 27- NO STRIKES- NO LOCKOUTS During the term of this agreement, there shall be no lockout on the part of the Employer and no strike on the part of the Union. ARTICLE 28 - APPRENTICESHIP In recognition of the need to develop skilled tradesmen in the industry, the Employer agrees that any apprentices hired during the term of this agreement, shall be hired under the terms and conditions of this agreement and also the provisions and regulations of the Apprenticeship and Tradesmen's Qualification Act Wages for apprentices shall be based on the following schedule: 1st six months- 55% of the Cabinet Makers Top Rate. 2nd six months - 60% of the Cabinet Makers Top Rate. 3rd six months- 65% of the Cabinet Makers Top Rate. 4t 11 six months- 70% of the Cabinet Makers Top Rate. 5th six months- 75% of the Cabinet Makers Top Rate. 6th six months - 80% of the Cabinet Makers Top Rate six months- 85% of the Cabinet Makers Top Rate six months - 90% of the Cabinet Makers Top Rate. 18

19 Upon successful completion of the foregoing apprenticeship term, top rate of the cabinetmakers rate shall apply. ARTICLE 29- DURATION OF AGREEMENT The terms and conditions ofthis agreement shall become effective on the l5 1 h day of May, 2003 and shall remain in full force and effect until the l4 1 h day of May, 2005 and beyond such date until all negotiations procedures has been exhausted This agreement will automatically renew itself from year to year unless notice of desire to negotiate changes and amendments are given by either party to the other party of this agreement at least sixty ( 60) calendar days prior to the anniversary date of this agreement. ARTICLE 30- NEGOTIATING COMMITTEE For the purpose of meeting with the company representatives to negotiate a collective agreement, the Union will appoint negotiating committee of not more than the number of stewards. Employee number of the negotiating committee will not lose pay for time spent during such negotiations. 19

20 SIGNED AT, ONTARIO THIS DAYOF ON BEHALF OF: D & H CUSTOM WOODWORKING L TO. UNITED BROTHERHOOD OF CARPENTERS ANDJOINERSOFAMEruCA CENTRAL ONTAruO REGIONAL COUNCIL of CARPENTERS OnBehalfOf LOCAL UNION

21 APPENDIX "A" CLASSIFICATIONS AND WAGE PROGRESSION MAY 15/2003 MAY 15/2004 MACHINIST AND FINISHER- START $17.34 $17.77 After 3 months worked After 120 calendar days After 12 months After 18 months After 24 months After 36 months CABINET MAKER -START $17.34 $17.77 After 3 months worked After 120 calendar days After 12 months After 18 months After 24 months After 36 months ASSEMBLERS- START $16.82 $17.24 After 3 months worked After 120 calendar days Al\er 9 months After 12 months After 18 months After 24 months TRUCK DRIVERS- START $14.45 $14.81 After 3 months worked After 3 months After 6 months After 9 months After 12 months LABOURERS AND HELPERS- START $13.65 $13.99 After 3 months worked After 60 calendar days After 90 calendar days LEAD HANDS AND WORKING FOREMAN - Shall receive forty cents (0.40 ) per hour above the maximum rate for the classification in which they are performing work in. 21

22 ... R.R.S.P. Effective May 15, 1997 the Employer agrees to contribute forty cents (0.40 ) per hour and the employee agrees to contribute forty cents (0.40 ) per hour towards an R.R.S.P. for each hour worked, excluding sick days and unpaid leave of absence. The Employer further agrees that they will administer such plan with the institution of their choice. Monies will be remitted into individual R.R.S.P. accounts on a monthly basis. Covering period May 15, 1997 to May 14, 1999 and each such period henceforth. 22