AIR LIQUIDE CANADA INC. SUDBURY AND UNITED STEELWORKERS LOCAL2020

Transcription

1 AIR LIQUIDE CANADA INC. SUDBURY AND UNITED STEELWORKERS LOCAL2020 COLLECTIVE AGREEMENT

2 SUDBURY INDEX PREAMBLE ART. I - RECOGNITION... 4 ART. II - MANAGEMENT FUNCTION... 5 ART. Ill - BARGAINING UNIT WORK... 6 ART. IV - STRIKES AND LOCKOUTS... 6 ART. V - UNION REPRESENTATION... 7 ART. VI - GRIEVANCE PROCEDURE... 7 ART. VII - ARBITRATION... 9 ART. VIII - DISCHARGE ART. IX - SENIORITY ART. X - LEAVE OF ABSENCE ART. XI - CLASSIFICATIONS AND HOURLY WAGE RATES ART. XII - HOURS OF WORK AND OVERTIME ART. XIII - PLANT HOLIDAYS ART. XIV - VACATIONS ART. XV - PAY ON DAY OF INJURY ART. XVI - SAFETY ART. XVII - REPORTING ALLOWANCE ART. XVIII - CALL-IN PAYMENT ART. XIX - BEREAVEMENT PAY ART. XX - JURY DUTY... 26

3 INDEX (continued) ART. XXI - WELFARE BENEFITS ART. XXII - CHECK-OFF ART. XXIII - GENERAL ART. XXIV - DURATION SCHEDULE A- Classifications and Hour1y Wage Rates SCHEDULE B - Hours of Work COST OF LIVING ALLOWANCE PENSION BENEFITS FOR MEMBERS LETTER OF AGREEMENT- Re: Ten Hour Shifts APPENDIX "A"- Clothing Policy LETTER OF AGREEMENT - Re: Adjustment Plan LETTERS OF UNDERSTANDING AGREEMENT: FILLING... 42

4 4 THIS AGREEMENT entered into this 1 51 day of October 2016 BY AND BETWEEN: PREAMBLE AND: AIR LIQUIDE CANADA INC. (Herein called the "Company"), UNITED STEELWORKERS LOCAL2020 (Herein called the "Union"), Of the First Part; Of the Second Part. 1. The term "employee" or "employees", whenever used herein, shall mean employee or employees coming within the scope of the bargaining unit. 2. The term "Company", whenever used herein, shall mean Air Liquide Canada Inc. as it affects the Sudbury and Sault Ste Marie, Ontario locations 3. The term "Union", whenever used herein, shall mean the United Steelworkers. 4. The term "Parties", whenever used herein, shall mean the Company and the Union. 5. The term "Collective Agreement" is synonymous to the meanings of "the contract", "the Agreement". 6. Working days are from Monday to Friday. ARTICLE I - RECOGNITION 1.01 The Company recognizes the Union as the exclusive collective bargaining agency with respect to matters arising under this Agreement for all of the Company's employee's at Sudbury, Sault Ste Marie and North Bay, Ontario, save and except Foremen and Supervisors, persons above the rank of Foreman and Supervisor and Sales staff The Company and the Union agree that any employee may become a member of the Union if he wishes to do so, and may refrain from becoming a member of the Union if he so desires The Company and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or their representatives or members because of an employee's membership or non-membership in the Union, or because of his activity or lack of activity in the Union.

5 The Union further agrees that there will be no solicitation for membership, collection of dues, or other Union activities on the premises of the Company except as specifically permitted by this Agreement or in writing by the Company The Company and the Union agree that every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, color, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of criminal offenses for which a pardon has been granted and has not been revoked, marital status, family status or handicap. ARTICLE II - MANAGEMENT FUNCTION 2.01 The Union recognizes that the management of the plant and direction of the working forces are fixed exclusively in the Company, and without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Company to: a} Maintain order and efficiency; b) Hire, discharge, direct, classify, transfer, lay-off, recall and suspend or otherwise discipline employees, provided that if an employee has been discharged or disciplined without just cause, a grievance may be filed and dealt with in accordance with the Grievance Procedure. c) Determine the nature and kind of business conducted by the Company, the kinds and locations of equipment and materials to be used, the control of materials to be used, the control of materials and parts, the methods and techniques of work, the schedules of work, number of personnel to be employed, the extension, limitation, curtailment or cessation of operations, and to determine all other functions and prerogatives herebefore vested in and exercised by the Company which shall remain solely with the Company, except as specifically limited by the express provisions of this Agreement The Company agrees that these functions will be exercised in a manner not inconsistent with the provisions of this Agreement.

6 6 ARTICLE Ill - BARGAINING UNIT WORK 3.01 a) Supervisory personnel shall not assume such duties as are normally performed by employees in the bargaining unit, except for purposes of instruction, experimenting, the installation and start-up of equipment, assisting an employee with work outside of the Company's premises, or in emergencies when qualified employees performing that work are not immediately available. If it is proven that a supervisor has done work in violation of the foregoing, the Company will pay into the USW Humanity Fund the equivalent of the wages for the time actually worked, but no less than the equivalent of two (2) hours at regular rate. b) The Company reiterates that it intends to use its own employees to perform bargaining unit work when qualified employees are available, where it is practicable, and when it is economically efficient. Contracting out to outside companies shall not cause the lay-off of employees whose names appear on the seniority list as of the date of signing of the Collective Agreement. For the purpose of this clause, a lay-off shall mean a person laid-off and out of the plant after complying with Article ARTICLE IV - STRIKES AND LOCKOUTS 4.01 It is the intent and purpose of the Parties hereto to set forth herein the Collective Agreement covering wages, hours of work and conditions of employment to be observed and to provide a procedure for the prompt and equitable adjustment of alleged grievances, to the end that there will be no interruption or impeding of work, work stoppage, strikes, or other interference with production during the life of this Agreement In view of the orderly procedure for settling grievances, during the term of this Agreement, the Company agrees that there will be no lockout of employees, and the Union agrees that there will be no strike, picketing, slowdown, sitdown or any other action which will interfere with work or production. If any such action takes place, the Union agrees to instruct the employees to carry out the provisions of this Agreement and to return to work and perform their regular duties.

7 7 ARTICLE V - UNION REPRESENTATION 5.01 The Company acknowledges the right of the Union to appoint one steward in each location for the purpose of assisting the employees in presenting their grievances as herein provided and such steward shall be an employee of the Company who has at least completed his probationary period The steward's functions, as above, shall in no way conflict with his duties to the Company. It is agreed that the steward shall not leave his regular duties without receiving permission from his immediate supervisor The Union will inform the Company in writing of the name of the stewards, and of any subsequent change in the name of the stewards. The Company shall not be obliged to recognize any steward until such notification has been received. ARTICLE VI - GRIEVANCE PROCEDURE 6.01 The purpose of this Article is to establish a procedure for the discussion, processing and disposition of grievances arising under this agreement No grievance shall be considered where the circumstances occurred or originated more than seven working days before the filing of the grievance If an employee, who may request the assistance of his Committeeman, has a complaint, he shall discuss it with his immediate supervisor within seven (7) working days after the circumstances giving rise to the complaint having occurred. The immediate supervisor's decision will be given within five (5) working days, and failing settlement, it may be taken up, provided that action as required above has been taken within five (5) working days following receipt of his immediate supervisor's decision in the following manner and sequence. Step No.1 The employee, who may request the assistance of his Committeeman, may present his grievance to his immediate supervisor. The grievance shall be in writing, signed by the aggrieved employee and shall state the nature of the grievance and the remedy sought. His immediate supervisor will deliver a decision in writing within five (5) working days following the date on which the grievance is submitted to him. Failing settlement, then,

8 8 Step No.2 a) Within five (5) working days after the decision is given under Step No. 1, the grievance committee will send the written grievance to the Company's General Manager or his representative, and the nature of the grievance and the remedies sought will be set out in the grievance. The General Manager, or his representative, will convene a meeting with the grievance committee, which shall not be more than two (2) employees, within five (5) working days following receipt of the grievance, or at a date mutually agreed on between the Company and the Union. b) The Local Union President or an authorized international representative of the Union may be present if requested by either Party. It is understood the Company's General Manager, or his representative, may have such counsel or assistance as he may desire. c) Should the Parties be unable to reach agreement at such meeting, the Company's decision will be delivered in writing within five (5) working days after the date of the meeting or at a date mutually agreed on between the Company and the Union Failing settlement under the foregoing procedure of a grievance between the Parties, arising from the interpretation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as set forth in Article VII, and if no written request for arbitration is received within ten ( 1 0) working days after the decision under Step no. 2 is given, it shall be deemed to have been settled All decisions reached under the Grievance Procedure between the representatives of the Company and the representatives of the Union shall be final and binding upon the Company, the Union and the employee or employees concerned Where no written decision has been given or where no meeting has been convened within the time limits specified above, the grievance may be submitted to the next step of the foregoing procedure, including arbitration a) A grievance arising directly between the Company and the Union involving the interpretation or alleged violation of this Agreement may be submitted, in writing, within seven (7) working days after the circumstances giving rise to the grievance having occurred, and dealt through the respective representatives of the Parties.

9 9 b) A Union grievance shall commence with Step No.2 under the Grievance Procedure. In the case of the Company, the matter will be submitted to the President of the Union and a meeting between the Parties shall be convened within five (5) working days following receipt of such grievance or at a date mutually agreed on between the Company and the Union. c) Should the Parties be unable to reach agreement at such meeting, the Union's decision will be delivered in writing within five (5) working days after the date of a meeting or a date mutually agreed on between the Company and the Union. Failing settlement under the foregoing procedure, the matter may be submitted to arbitration under Clause 6.03 of the Grievance Procedure. ARTICLE VII - ARBITRATION 7.01 a) Pursuant to Article 6.03, the Party requesting arbitration must, at the time the written request is made, identify two (2) arbitrators from the following list from which the other Party will, within the following five (5) working days, select the one who will hear the grievance: Louisa Davie Joseph Carrier John McNamee Barry Fisher b) Should the selected arbitrator not be able to hold the hearing within ninety (90) days following his selection, the Parties will repeat the above procedure with the remaining arbitrators on the list No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance a) The arbitrator shall not have jurisdiction to amend or to 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. b) No matter may be submitted to arbitration, which has not been properly carried through all previous steps of the grievance procedure Each of the Parties hereto will jointly bear the fees and the expenses of the appointed arbitrator The proceedings of the arbitrator will be expedited by the Parties hereto, and the decision will be final and binding upon the Parties.

10 At any stage of the Grievance Procedure, including arbitration, the Parties may, by mutual agreement, have the assistance of the employee or employees concerned and of all necessary witnesses Either Party may invoke the Expedited Arbitration Section under the Ontario Labour Relations Act at the time a grievance is submitted to arbitration under Article 6.03 of this Agreement. ARTICLE VIII- DISCHARGE 8.01 A claim by an employee who has completed his probationary period that he has been suspended or discharged without just cause, shall be treated as a grievance if a written statement of such grievance is lodged with the Company under Step No. 2 of the Grievance Procedure within four ( 4) working days after the employee is suspended or ceases to work for the Company. The Union shall be notified, as soon as is practical, whenever an employee is suspended or discharged Such special grievance may be settled under the Grievance and Arbitration Procedures by: a) Confirming the Company's action in dismissing the employee; or b) Reinstating the employee with full compensation for time lost; or c) Any other arrangement which is reasonable in the opinion of the Parties or the appointed arbitrator Any offense will be removed from an employee's record after twenty-four (24) months have elapsed (thirty (30) months in the case of similar serious safety violations). ARTICLE IX - SENIORITY 9.01 a) An employee will be considered on probation and will not be subject to the seniority provisions of this Agreement until he has completed seventy-five (75) calendar days of employment with the Company in the six month period immediately following the commencement date of his employment. Upon completion of such probationary period, the employee's name will be placed on the seniority list with seniority dating from the date seventy-five (75) calendar days prior to the date on which he completed the probationary period. It is understood that the release of a probationary employee shall not be the subject of a grievance.

11 11 Where two or more employees commence employment on the same date, the affected employees will be placed on the seniority list in alphabetical order, with the employee ranked highest deemed to be the senior employee. Employees, hired after October 1, 1990, commencing employment on the same date will be placed on the seniority list according to the time of hiring, with the employee hired first deemed to be the senior employee. b) The Union agrees that the Company has the right to engage students, during the vacation period April 1st to October 1st annually. It is understood that the students so engaged shall be paid 75% of applicable rate for newly hired employees. It is understood that such students will not acquire seniority rights and that bargaining unit employees will be given preference for the filling of temporary higher rated job vacancies before any summer students are hired. c) The Company will advise the Union immediately when a summer student becomes a probationary employee and the seniority of such person will be acquired as of the date the probationary period starts. d) The Company agrees to post on the bulletin boards, by March 15th each year, a letter stating the summer jobs it expects to have open a) In the event of a lay-off in one location, the employee or employees in that location with the least bargaining unit seniority, who are in the classification(s) affected by the lay-off, will be the first to be displaced. Each such displaced employee may then exercise his seniority by displacing a less senior employee in any classification at his location, provided that he has the qualifications, skill, efficiency and physical fitness to perform the work available. Such employee will be given a reasonable period of orientation of up to four (4) days as determined by the Company. An employee with 5 years or more seniority who has exhausted all possibilities under the above paragraph will receive training on a job in his location that may require up to six (6) weeks training (up to 4 weeks for employees with less than 5 years seniority), provided he possesses the necessary licenses or other required certificates and has the seniority to displace an employee in that job. If the employee fails to qualify within the 4 or 6 weeks training period, he is immediately laid-off.

12 12 Each employee will be limited to only one 4 or 6 weeks training period under 9.02 a). The training period is up to 4 or 6 weeks, meaning an employee can be taken off during that period if there are indications he will not succeed at the end of the period. Unless an employee can show to the Company's satisfaction that his qualifications and abilities have substantially improved, he should not be given another training period on the same job should another lay-off occur. b) i) In the event of a recall to work of those who have been laid off, the employee having the greatest bargaining unit seniority will be given preference by the Company to assume a position, provided the senior employee has the qualifications, physical fitness and he possesses the necessary licenses or other required certificates. ii) iii) A recalled employee who had five (5) years or more seniority at the time of lay off will be given an opportunity to train on a job that may require up to six (6) weeks' training. A recalled employee who had less than five (5) years' seniority at the time of lay off will be given an opportunity to train on a job that may require up to four (4) weeks' training The existing seniority list will be brought up to date every four (4) months and a copy will be given to the President of the Local Union, and a copy posted on the bulletin boards. A copy of the seniority list including current addresses, phone numbers and job classes will be given to the President of the Local Union and sent to the Union Staff Representative every four ( 4) months As a result of lack of work caused by circumstances beyond the direct control of the Company, the Company may lay off employees up to a total of twentyfour (24) working hours each, during each calendar year, without regard to other clauses and provisions in this Agreement A person shall lose all seniority if he: a) Voluntarily quits the Company; or b) Is discharged and the discharge is not reversed through the Grievance Procedure; or

13 13 c) Following a layoff, fails to report within five (5) working days after being notified by the Company, by registered mail, at the last address recorded with the Company; or fails to advise the Company within two (2) calendar days, of his intention to report for work following receipt of such registered mail; or d) Is absent for three (3) consecutive working days without notification to the Company; or e) Is absent due to layoff for more than twenty-four (24) consecutive months, if he has accumulated less than five (5) years of seniority as of the date of the layoff; or f) Is absent due to layoff for more than thirty-six (36) consecutive months if he has accumulated five (5) years of seniority, or more, as of the date of the layoff; or g) Fails to return to work upon the termination of authorized leave of absence. This provision will not apply if the lateness has a cause deemed reasonable by the Company and the employee has notified his immediate supervisor of his anticipated lateness as soon as possible It shall be the duty of employees to notify the Company of any change in address. If an employee fails to do this, the Company will not be responsible for failure to reach such employee a) When making promotions and demotions for job vacancies, seniority by location shall prevail where the employee's qualifications, skills, efficiency and physical fitness are relatively equal. b) It is agreed that an employee may be changed to a more desirable vacant permanent position in accordance with clause 9.07 a) of the Collective Agreement, subject to the following conditions: 1) The application of this provision is limited to employees having a minimum of 4 years' service with the Company. 2) In the case where an employee would otherwise be accepted for a more desirable position, the Company, taking into account the special training, safety and replacement requirements occasioned by such a change, may delay the change, for a reasonable period of time, until such requirements can be fulfilled. 3) Changes to desirable positions will be limited to four (4) in the career of an employee.

14 14 4) Desirable positions are any position where the classification is equal to or lower than the employee's current classification. 5) Moves to more desirable positions will be limited to a total of two (2) during the life of the Agreement In the event of a layoff of more than seven (7) calendar days, the Company will give individual or general notice (as the case may require), in writing, not less than two (2) working days, or pay at the regular hourly rate in lieu thereof, in advance of the effective date of such layoff to such employee or employees, provided, however, that no such notice or such pay shall be required in the event of a layoff arising from circumstances beyond the control of the Company a) An employee temporarily assigned to another job classification to replace an employee who is absent for a period in excess of two (2) hours in a shift, will receive the regular hourly rate of the job to which he is assigned, or the regular hourly rate of the job he previously held, whichever is the higher. b) In a case where a temporary assignment caused by the absence of an employee exceeds thirty (30) calendar days, the Company and the Union will, at the request of one of the Parties, discuss the means of filling such temporary assignment until its completion. c) If an employee receives a notice of lay off and bumps into a temporary job, at the completion of said temporary job he will be allowed to exercise his bumping rights again. d) At the completion of a temporary job or an assignment, the employee will return to his original job classification. A temporary job or assignment will cease when the employee starts his first shift on his regular job. e) Training gained while on temporary assignment will not be an asset for job posted vacancies a) The Company shall post notice of all permanent job vacancies and all temporary jobs expected by the Company to last more than thirty (30) calendar days, coming within the scope of this Agreement, on the Company bulletin boards for a period of five (5) working days before it is filled.

15 15 b) Employees, or a Committeeman on behalf of an employee who is temporarily away from work or who is on layoff, may make written application for such job vacancy within such five (5) day period, it being understood that the Company shall not be confined to the applicants in filling the vacancies unless they are qualified in respect of skill and efficiency for the job concerned, in accordance with Clause 9.07 a). c) The Company will post the name of the successful applicant, if any, within ten (10) calendar days from the expiry of the five (5) days posting period. d) The Union will be given copies of both notices referred to above. On request from the Union's President or his designated representative, the Company will give him the name of all applicants. e) When an employee is promoted to a higher paid job, he will receive the applicable higher rate of pay when he starts on the new job or after 30 calendar days following the awarding of such a job, whichever occurs first a) If an employee becomes handicapped due to an industrial accident or an industrial illness, or if continuing to work on his present job may aggravate his health condition, as qualified by a medical opinion, the Company will make every reasonable attempt to offer this employee another bargaining unit job. In the event of a dispute, a second medical opinion, rendered by a mutually agreed upon specialist, shall be final and binding on all Parties. b) An employee with more than three (3) year's Company service, affected as above, shall be entitled to exercise his Company seniority, in the manner outlined in Clause 9.02, in order to displace a junior service employee. ARTICLE X- LEAVE OF ABSENCE A request for a leave of absence for serious personal or compassionate reasons will not be unreasonably denied and will be considered without undue delay by the Company and once granted, will not be revoked. The question of the reasonableness of the request will be at the discretion of the Company, which will not be exercised in a discriminatory fashion. Such request shall be made in writing.

16 Leave of absence without pay to attend Union conventions will be granted by the Company to one {1) employee elected or appointed by the Union, provided that: a) At least seven {7) calendar days written notice in advance is given to the Company; b) Such leave of absence will not exceed forty (40) working days in any year; and c) If such leave of absence is to be taken during the months of July or August, it will be at the discretion of the Company. However, such leave will not be unreasonably denied On written request by the Union, the Company will grant a leave of absence without pay up to twelve { 12) months within a calendar year to one ( 1) employee selected by the Union to work on a full-time basis for the Union. ARTICLE XI- CLASSIFICATIONS AND HOURLY WAGE RATES The Company agrees to pay and the Union agrees to accept for the term of this Agreement, the classifications and hourly wage rates therefore as set forth in Schedule A attached hereto, and forming part of this Agreement. Effective October 1, 2016, all hourly wage rates in Schedule A are increased by twenty-five cents (25 ) per hour; Effective October 1, 2017, all hourly wage rates in Schedule A will be increased by twenty-five cents (25 ) per hour; Effective October 1, 2018, all hourly wage rates in Schedule A will be increased by twenty-five cents {25 ) per hour Any change in an employee's hourly rate will commence from the beginning of the nearest pay period Shift employees working regularly scheduled shifts will receive an off-shift premium of 70 per hour for the afternoon shift and 80 per hour for the night shift. Such off-shift premiums will not be paid for any hour in which an employee receives an overtime rate except as provided in Article b) and such off-shift premiums will not form part of an employee's regular hourly rate a) In the event that a new job classification is introduced, the Company will establish the wage rate for such new classification and shall advise the Union.

17 17 b) In the event that the work done in any job classification changes enough to warrant a change in the wage rate, the Company shall make such change and advise the Union. c) In either case, the Parties will meet and discuss the wage rate for such new classification or such change in wage rate. If following such discussion there is disagreement between the Parties, a trial period shall be instituted which shall not exceed fifteen (15) working days or such further time as may be agreed upon as necessary to give a fair trial to the change. d) At the end of such trial period, if the wage rate for the new classification is unsatisfactory or such change in wage rate is unsatisfactory, a grievance may be lodged within seven (7) working days following the end of the trial period. e) The new or changed rate in effect during the trial period shall remain in force unless changed by mutual agreement of the Parties or by decision of an Arbitrator. f) In establishing any new rate, the Arbitrator shall be guided by the existing rate structure, existing reference points, the relationship of the job under review to other job classifications and rates provided under this Agreement. ARTICLE XII - HOURS OF WORK AND OVERTIME a) The normal workweek will be composed of forty (40) hours, and the normal shift will be eight (8) hours, provided however, that the provisions of this Clause are intended only to provide a basis for calculating time worked and shall not be guarantee as to hours of work per days nor as to days of work per week, nor as a guarantee of working schedules. b) The Company and the Union may enter into agreement to give effect to shift schedules which alter or exceed the daily and/or weekly hours of work contained in this agreement if the majority of the employees involved are in favor. c) Shift scheduling of employees will not be done arbitrarily, but where necessary, will be made with one month's notice whenever possible a) Authorized work performed in excess of an employee's normal workweek, or his normal shift, will be paid at the rate of time and one half (1 %) of the employee's regular hourly rate. Overtime work performed on a Sunday will be paid at the rate of twice (2) the employee's regular hourly rate.

18 18 b) When an employee works three (3) or more overtime hours into an off shift, he will receive the applicable shift premium for all hours worked during that shift. This premium also applies for any statutory holiday work. c) An employee requested to work a second shift or a part of a shift thereof within a twenty-four (24) hour period shall be paid at time and one half (1~) of the employee's regular rate for that second shift or part of that shift. d) Banking overtime An employee who has worked overtime can request the equivalent of time off in lieu of the overtime payment, provided he notifies his supervisor in advance of his intention to bank overtime of up to a maximum of forty (40) hours between June 1st and May 31st of the following year. The time taken in lieu of must be mutually agreed upon and the replacement would be at regular time and not on overtime. Time not taken in lieu will be payable as of May 31st of each year. e) Overtime rates shall not apply for hours worked as a result of a shift change made for an employee's convenience There will be no duplication or pyramiding of premiums on overtime payments, except that shift premiums will be pyramided over Sunday premiums when these two premiums are jointly payable a) As far as possible, the Company will endeavor to distribute opportunities for overtime work among those employees normally performing the work, as equitably as practicable, consistent with efficiency of operations. b) The Company agrees to adopt a uniform system of recording overtime distribution. This system will be determined in discussions between management and employee representatives a) When an employee is advised during his present eight (8) hour shift to work overtime following completion of such shift, he will receive a meal allowance of $10.00, provided such overtime exceeds two (2) hours. For each additional uninterrupted four (4) hour period, the Company will provide another $10.00 meal allowance. b) When an employee is advised during his present ten (10) hour shift to work overtime following completion of such shift, he will receive the meal allowance stipulated above, provided such overtime exceeds two (2) hours. For each additional uninterrupted four (4) hour period, the Company will provide another meal allowance.

19 19 c) When a Driver lays over, he will be entitled to a sum of $34.50 per night and this sum will be considered the equivalent of 3 meal allowances, including the breakfast the following morning. A meal allowance will be payable to a Driver who is instructed to report to work four (4) hours or more before his regular shift. d) In the event an employee has cause to operate in the USA on Company business, all allowable expenses incurred, excluding meal allowances and layovers, shall be reimbursed to the employee in US funds or the equivalent in Canadian funds at the prevailing rate of exchange in effect on the day the expenses were incurred. e) When called-in, meal allowances will be paid after 6 hours and every additional 4 hours thereafter while the employee remains on overtime If a change of shift is agreed upon between employees within a specific department, and a request is made for such a change, it shall not be denied unless such a change would obviously hamper the safe and efficient operation of the department. ARTICLE XIII - PLANT HOLIDAYS An employee who has completed his probationary period will receive the following plant holidays with pay: New Year's Day Family Day Good Friday Victoria Day Canada Day Civic Day Labour Day Thanksgiving Day Christmas Day Boxing Day One half-day the day before Christmas Day and One half-day the day before New Year's Day. Two {2) floating holidays (as per conditions below). The floating holidays with pay are to be observed on a day of the employee's choosing within the calendar year earned, provided: 1) Its date is made known to the immediate supervisor at least one week in advance. 2) That it not hamper the Company's operations in any unreasonable fashion; otherwise, the holiday will be observed at another day of the employee's choosing, filling the above provisions.

20 Plant holiday pay will be computed at the regular hourly rate on the basis of the number of hours an employee would otherwise have worked had there been no holiday. In order to qualify for plant holiday pay, the employee must work his full scheduled shift of each of his working days immediately preceding and immediately following the plant holiday concerned unless the employee has a reason satisfactory to the Company. For the application of the sections of this Article, the plant holidays as listed above will be observed on the day on which they occur, except that if such a holiday occurs on a Sunday, it will be observed on the following Monday, or if such holiday occurs on a Saturday, it will be observed on the preceding Friday. The Parties reserve the right to substitute any other day in place of a statutory holiday, after mutual agreement, in consideration of local prevailing conditions and operations requirements. Overtime work performed on a statutory holiday will be paid at the rate of twice the employee's regular hourly rate. In the event that a plant holiday falls within an employee's vacation period, he will be granted an extra day's holiday with pay as determined under this section above. ARTICLE XIV- VACATIONS An employee in the active employment of the Company with less than one year's continuous service as of May 31st will be entitled to one (1) day of vacation with pay for each calendar month worked up to May 31st, up to a maximum of ten (10) working days. An employee in the active employment of the Company with one ( 1) year's continuous service as of May 31st will be entitled to two (2) weeks' vacation with pay. An employee in the active employment of the Company with five (5) years' continuous service as of May 31st will be entitled to three (3) weeks' vacation with pay. An employee in the active employment of the Company with ten (10) years' continuous service as of May 31st, will be entitled to four (4) weeks' vacation with pay. An employee in the active employment of the Company with eighteen (18) years' continuous service as of May 31st will be entitled to five (5) weeks' vacation with pay.

21 An employee in the active employment of the Company with twenty-five (25) years' continuous service as of May 31st will be entitled to six (6) weeks' vacation with pay a) Other than employees who are referred to in Clause 14.01, an employee who is not in the active employment of the Company as of May 31st but who has been credited with less than a full year of work in the year ending with May 31st, will be entitled to a vacation period with pay, reduced in the proportion which his regular hours worked bears to a full year of work (2080 hours). As an exception to this Clause, however, i) an employee who has worked 1600 hours or more in the year ending May 31st, including overtime hours worked, will be credited with a full year of work during the year; ii) iii) hours not worked due to presence in negotiation meetings with the Company or due to the application of Clauses 10.02, 10.03, Articles 13, 14 and 19 and Clause will be credited to an employee to determine the number of hours worked in the year; hours not worked while an employee is in receipt of Worker's Compensation benefits up to one year, or until such benefits cease, whichever occurs first, will be credited to determine the number of hours worked in the year. The term "active employment" refers to a situation wherein an employee holds an active, working position with the Company and is normally working in that position for pay, except for the occasional absence as outlined in Clause a) ii) and iii) and for the period of time outlined in that Clause. b) Pay for each week of vacation, or portion thereof as determined in Clause a), will be computed by multiplying the employee's regular straight time hourly rate by the number of hours in the employee's normal workweek, or computed on the basis of 2% of the total pay of the employee in the period of June 1st to May 31st immediately preceding the year in which the vacation is taken, whichever is the greater Vacations shall not be accumulated or waived but must be taken within twelve (12) months of the date of entitlement In cases of disability where an employee has been prevented from working for extended periods, vacation may be waived at the employee's discretion based upon the following: a) For each four (4) consecutive weeks of disability, forty (40) hours of vacation.

22 22 b) For extended absence due to disability of sixteen (16) weeks or more, an employee may waive all or a portion of his vacation. Vacation requiring re-scheduling of vacation dates will be in accordance with existing vacation practices Vacation pay will be paid at the time vacation is taken Where an employee is temporarily transferred (without posting) and the employee in question has properly booked his vacation time, he shall not suffer Joss of that allotted time due to a conflict with the vacation time already booked by individual in the department or job to which he is being temporarily transferred. The Company shall cover the vacation time in question by use of a second temporary transfer compatible with the situation. The current year's entitled vacation time will have preference over the past year's vacation time that remains to be taken This confirms the understanding which exists concerning vacation postings. The procedure is: Prior to March 1st of each year: a list will be posted for each department, indicating the eligibility of each employee. The employees will then indicate their preferred times on the list. April 1st of each year: based on the employees' indicated preferences, the relative seniority of each employee and the operating requirements of the plant, the Company will determine a vacation schedule for each department. May 1st of each year: the Company will post the schedule. Vacations which have not been scheduled as above, due to an employee not having indicated a preference, will be assigned in order of request, taking into account the operating requirements of the Company. The Company reserves the right to assign any unscheduled vacation as of January 1st. During the months of July and August, vacation must be taken in minimum of one (1) week's blocks. ARTICLE XV PAY ON DAY OF INJURY An employee injured at work will be paid on the basis of his regular hourly rate for the time lost in having such injury attended to, provided he returns to work on the same shift. If the injury is such that the employee cannot return to work on the same shift, he will be paid on the basis of his regular hourly rate for the remainder of such shift.

23 23 ARTICLE XVI - SAFETY The Company will continue to make reasonable provisions for the safety and health of its employees during their working hours, subject to such improvements or changes deemed advisable by the Company from time to time. Employees will observe all reasonable safety rules and regulations which may be prescribed by the Company and will wear all protective wearing apparel and devices supplied by the Company, and will work in a safe manner at all times. The Company and the Union agree to appoint a Safety and Health Committee in each location consisting of one { 1) individual appointed by the Company and one (1) individual appointed by the Union. The function of this Committee shall be to advise Management on the promotion of safety, health and hygiene in the Plant. This Committee shall hold a meeting not less than once every three {3) months, or more often if requested on the basis of a jointly prepared agenda submitted at least one week in advance of such meeting. The Safety Committee shall be informed of lost time accidents and a member from both sides will carry out investigations on the nature and cause of these accidents. On the request of the Union President and/or Local 2020 Workers Compensation representative, the Company will provide copies of Workers' Compensation Board accident reports a) Employees will not be permitted to work unless they are wearing CSA approved safety footwear where required. b) Employees regularly classified in the following positions, must wear the Company approved safety boot with metatarsal guard: Customer Installation Technician and P&D Truck Driver/Shipper-Receiver. Other employees have the choice of wearing the Company approved safety boot with or without metatarsal guard. c) The Company will reimburse employees for actual receipted cost of safety shoes or boots to be worn at work. When it has been shown that a pair of safety shoes or boots have been made unsafe or unwearable, they will be replaced by the Company. e) New employees and temporary employees must also wear safety footwear when working; however, in order to qualify for the reimbursement, the employees must first complete their probationary period.

24 24 f) Each Customer Installation Technician and P&D Truck Driver/Shipper Receiver will be provided with a pair of Company approved winterized safety boots for use in the fulfilling of their functions. Those boots will be replaced as required a) The Company will pay for the full cost of workwear rental and cleaning for those employees required to wear Nomex clothing. b) The Company will pay the full cost of those uniforms that are made mandatory as per Company policy. c) The Company will supply clothing as per Appendix A. d) The Company will supply, at no cost to the employees, rainwear for those employees who are exposed to the elements Prescription Safety Glasses The first pair of prescription safety glasses will be reimbursed to the employee, and replacement prescription safety lenses only, not more than once every two calendar years, will be reimbursed to the employee. The Company will replace broken safety glasses, or parts of safety glasses, provided they were broken on the job and the employee can demonstrate this was not the result of his carelessness or negligence Hearing Tests The Company will provide the employees with hearing tests at no cost to the employees, as follows: a) All new employees will be tested as a condition of employment; b) All existing employees will be tested once every three (3) years or in accordance with the Ontario regulations, whichever is less The Company shall provide each employee upon request with up to two (2) pairs of non prescription safety sunglasses per each calendar year.

25 25 ARTICLE XVII - REPORTING ALLOWANCE If an employee reports for work at the commencement of his regular shift without notification not to do so, he shall be paid for the equivalent of four (4) hours' work at his regular rate, provided, if requested by the Company, the employee shall perform such work to which he may be assigned, and further provided that this obligation on the part of the Company shall not apply if failure to supply work is due to conditions beyond the control of the Company or if the employee is returning to work following an absence without notifying the Company in advance If an employee is scheduled to work an overtime shift, or part of an overtime shift, and is advised of cancellation of such shift on that day without at least twelve (12) hours' notice, he shall be paid the equivalent of four (4) hours' at the regular straight time rate, provided that this obligation on the part of the Company shall not apply if failure to supply the work is due to conditions beyond the control of the Company. ARTICLE XVIII- CALL-IN-PAYMENT a) When an employee is called in to work at times other than his regular hours of work, a minimum of four ( 4) hours' pay at his regular hourly rate shall be paid. This provision shall not apply if an employee's work on an assigned call-in commences one (1) hour or less before the start of his regular scheduled shift. Instead, he will receive the applicable overtime rate for the time worked before the commencement of his regular shift. This provision shall not apply to scheduled overtime that has been scheduled at least twenty-four (24) hours before the time worked. Consecutive call-ins within a four (4) hour period will be considered a single call-in and paid only once. b) When an employee receives a call at home requesting work related information and the information provided prevents an actual call-in, he shall receive one ( 1 ) hour's pay at his regular rate providing he received prior approval from a supervisor. ARTICLE XIX- BEREAVEMENT PAY a) An employee will be granted up to five (5) days' leave of absence at his regular hourly rate to attend the funeral or cremation of the employee's spouse or child.

26 26 b) Three (3) days' leave under the above conditions will be granted to attend the funeral or cremation of the employee's mother, father, stepmother, stepfather, sister, brother, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, grandmother or grandfather and grandchild. c) One ( 1 ) day leave under the above conditions will be granted to attend the funeral or cremation of the employee's aunt, uncle, grandchild. d) The employee shall not be entitled to receive any pay hereunder for any day upon which he would not otherwise have been scheduled to work for the Company. Payment will be based on the employee's regular hourly rate exclusive of premiums. e) Should a night shift worker, in line with Clause be attending a funeral of a relative on the day his night shift is scheduled to begin, the paid leave of absence referred to in Claude will be extended to include that night shift. ARTICLE XX - JURY DUTY An employee acting as a Crown witness or as a juror will receive the difference between pay for regular hours lost at the hourly rate applicable to the time lost, and the fee received, provided he furnishes the Company with a detailed certificate of service signed by the Clerk of the Court. An employee who is excused by the Court for the remainder of the day is expected to report to the plant to complete his shift, if it is possible to do so. ARTICLE XXI - WELFARE BENEFITS a) The Company agrees to pay the full premiums for the life of this Agreement for the Ontario Health Insurance Plan with respect to participating employees who have completed their waiting period and while such employees remain in the active employ of the Company. The Union agrees that, for the duration of the collective agreement, the above paragraph is not applicable to the Ontario Health Premium (OHP). b) The Company agrees to pay, for the life of this Agreement, the full premiums towards the Prescription Drug Plan on the basis of a deductible of $5.00 per year for single coverage and family coverage, with respect to participating employees who have completed their waiting period and while such employees remain in the active employ of the Company.

27 27 An employee who receives treatment at a hospital as an outpatient and is subsequently unable to return to work on that day due to the seriousness of the illness or injury, will be considered as being hospitalized for purposes of determining entitlement to weekly indemnity benefits. c) The Company will agree to pay 85% of the premiums and the employees will agree to pay 15% of such premiums through payroll deductions during the life of this Agreement towards the Dental Plan no deductible or co-insurance with periodontal and endodontal benefits added) and will be based on the current ODA schedule of fees, with respect to participating employees who have completed their waiting period and while such employees remain in the active employ of the Company. d) The Company agrees to pay, for the life of this Agreement, the full premium towards a Vision Care Plan for employees and their eligible dependents, which provides a benefit of $ every 24 months, not subject to any deductible or shared risk factor. The Company agrees to pay the premiums towards a maximum of one ( 1) eye examination for employees and their dependents every twentyfour (24) months when performed by an optometrist. e) The term "waiting period", whenever used in article 21, shall mean the period from the date of employment up to and including the last day of the same month. Those who are employed on the first day of any month are deemed to have completed the waiting period by that date The Company agrees to continue, for employees in the active employ of the Company, the present Group Life Insurance, in the amount equal to the employee basic annual wage rate as per Schedule "A" (minimum of $46,000) with AD. & D. at no cost to the employee in accordance with the terms of the insurance policy. The Company agrees to pay the full cost of the Weekly Indemnity program providing payment of a benefit equal to 60% of an employee's base weekly earnings up to a maximum of fifty-two (52} weeks from the first {1 5 t) day of hospitalization resulting from a non-occupational accident or sickness, or from the eight (8th) day of sickness, for employees who have completed the waiting period, and while such employees remain in the active employ of the Company. Services of practitioners licensed as Chiropractors up to a maximum of $ per person per benefit year are reimbursed.

28 Services of a licensed physiotherapist, who is not a close relative, up to a maximum of $ per person per benefit year are reimbursed. The Company will pay for the cost of the medical examination required for the renewal of a Driver's "A" license for those employees who require an "A" license in the performance of their job, provided the employee uses the Company doctor. The cost of a medical examination will also be paid to acquire the I.C.C. medical certificate if requested by the Company and provided the employee uses the Company doctor. ARTICLE XXII - CHECK-OFF The Company shall deduct Union dues including, where applicable, initiation fees and assessments, on a bi-weekly basis, from the wages of each employee covered by this Agreement. The amount of dues shall be calculated in accordance with the Union's Constitution. Each employee in the bargaining unit shall be required as a condition of employment to have an amount equivalent to the regular weekly Union dues deducted from his pay biweekly. All employees shall become and remain members of the Union as a condition of employment All dues, initiation fees and assessments shall be remitted to the Union forthwith and in any event no later than fifteen (15) days following the last day of the month in which the remittance was deducted. The remittance shall be sent to the International Secretary Treasurer of the United Steelworkers, AFL CIO-CLC, P.O. Box 9083, Commerce Court Postal Station Toronto, Ontario, M5L 1 K1 in such form as shall be directed by the Union to the Company along with a completed Dues Remittance Form R115. A copy of the Dues Remittance Form R115 will also be sent to the Union office designated by the Area Coordinator The remittance and the R115 Form shall be accompanied by a statement containing the following information: (i) A list of the names of all employees from whom dues were deducted and the amount of dues deducted; (ii) A list of the names of all employees from whom no deductions have been made and the reasons why; (iii) This information shall be sent to both the Union address identified in Article above, in such form as shall be directed by the Union to the Company.

29 The Union shall indemnify and save the Company harmless against all claims or other forms of liability that may arise out of any actions taken by the Company in compliance with this Article The Company, when preparing T-4 slips for the employees, will enter the amount of Union dues paid by the employee during the previous year. ARTICLE XXIII - GENERAL The Company will arrange for space on the current number of bulletin boards which may be used by the Union for posting notices which shall be subject to the approval of the Company before posting. There shall be no general distribution of notices of any kind or literature upon Company property other than as herein provided. Should any part of the agreement or any prov1s1on herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any judgment of order of a court tribunal or Board of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof, and such remaining portions shall continue in full force and effect. The Company will pay up to the equivalent of three (3) days' pay for employees to attend recognized Union courses each contract year and the Union will allow the Company representatives to attend same. The Company agrees to deduct from each pay the amount of $0.02 per hour from the wages of all employees in the bargaining unit for all hours worked and, prior to the 15th day of the month following, to pay the amount so deducted to the "Humanity Fund" and to forward such payment to United Steelworkers National Office, 234 Eglinton Avenue East, Toronto, Ontario M4P 1K7, and to advise in writing both the Humanity Fund at the aforementioned address and the Local Union that such payment has been made, the amount of such payment and the names of all employees in the bargaining unit on whose behalf such payment has been made. The first "Humanity Fund" deduction as aforesaid shall be effective with the 1st pay period of It is understood and agreed that participation by any employee in the bargaining unit in the program of deductions set forth above may be discontinued by any employee in the bargaining unit after the receipt by the Company and the Local Union of the employee's written statement of his/her desire to discontinue such deductions from his/her pay.