Collective Agreement between Imperial Oil, Products and Chemicals Division Nanticoke Refinery and Unifor Union of Canada, Local 900
Collective Agreement between Imperial Oil, Products and Chemicals Division Nanticoke Refinery (hereinafter referred to as Company ) and Unifor Union of Canada, Local 900 (hereinafter referred to as Union ) Effective: February 1, 2013 Expiry: January 31, 2016
INDEX TO ARTICLES Article Number Title Page 1 Purpose 1 2 Management Rights 1 3 Union Recognition 2 4 Strikes and Lockouts 6 5 Definitions 7 6 Grievance Procedure 8 7 Arbitration 12 8 Seniority 13 9 Job Postings and 16 Special Assignments 10 Technological Change, 21 Plant Closure, Severance and Lay Off 11 Recognized Holidays 24 12 Vacations 28 13 Wage Progression Programs 32 14 Hours of Work 33 15 Wages and Shift Differential 38 16 Overtime 39 17 Call-Out 41 18 Change of Schedule 43 19 Health, Safety and 45 Protective Equipment 20 Leaves of Absence 48 21 Duration of Agreement 48 Appendices A Base Hourly Rates of Pay 52 B Shift Differentials 55 C Shift Schedule 56
Attachments Page Letters of Understanding 61 Important Phone Numbers 67 2013-2016 Calendars 68 Notes 72
Article 1 Purpose 1.01 The general purpose of this agreement is to define the relationship between the Company and its employees represented by the Union with respect to wages, hours of work and conditions of employment, and to provide a procedure for the prompt and equitable resolution of complaints and grievances. 1.02 Recognizing the common dependence of the Company and of its employees upon the success of the business, the parties to this agreement support the mutual objective of a safe operation, productivity and efficiency, and to jointly promote the goodwill between the parties to achieve this objective through Union / Company discussions on matters mutually agreed upon. ARTICLE 2 Management Rights 2.01 The Company maintains the exclusive rights to manage and direct all aspects of the refinery operation and the work force. These rights, subject to the terms and conditions of this collective agreement, include: (a) manage operations in an efficient, profitable manner to maintain our competitive capability; (b) hire, promote, demote, classify and transfer employees; 1
(c) discipline, suspend or terminate the employment of any employee for just cause; (d) make, enforce and alter, from time to time, rules and regulations to be observed by the employees with a copy of such rules and regulations furnished to the Union; (e) assign and direct the working forces; (f) determine the products to be refined, produced or handled at the Refinery, the schedules of production, and the methods, processes and means of refining, producing or handling products; (g) determine methods and techniques of work, requirements or qualifications for jobs, and the content of jobs; (h) determine the number of employees to be employed, and the expansion, limitation or cessation of operations at the Refinery or any part of it; (i) maintain order and efficiency ARTICLE 3 Union ReCOGNITION 3.01 The Company recognizes the Union as the sole collective bargaining agent for employees of Nanticoke Refinery except supervisors, persons above the rank of supervisors, office, sales and clerical staff and students employed during the summer vacation period as described by the Ontario Labour Relations Board in the certificate dated January 19, 1996, file number 2852-95-R. Students employed during the summer 2
vacation period who temporarily work in bargaining unit positions as set out in the wage appendix will be covered as probationary employees under the terms of this agreement. (a) Employees who are assigned to a temporary position outside the bargaining unit will not be eligible for overtime associated with normal bargaining unit work. Employees so assigned temporarily will continue to pay Union dues. 3.02 The Company and the Union jointly agree that there will be no discrimination, intimidation, interference, restraint, coercion or attempted coercion by or on behalf of the Company or the Union, because of membership or nonmembership in the Union or because of activity or lack of activity in any labour organization. The Union and the Company are committed to a work place environment that is free of harassment and where individuals are treated with respect and dignity. 3.03 (a) The Union agrees that it will not engage in any Union activities on the Company's premises during work hours except as specifically permitted in this agreement. (b) The Company agrees to provide a reasonable opportunity for the Union to conduct a Union orientation session with all new bargaining unit employees. These sessions will be part of the orientation process and will be scheduled to minimize disruption of operations and will not create additional costs to the Company. 3
3.04 Union Business It is understood that the Union Executive members and Shop Stewards may, from time to time, require time away from their jobs to attend to Union business. (a) For on site Union business, the Steward or Union Executive member will first obtain permission from their Supervisor to be away from their job for a reasonable length of time. (b) Permission for off site union business leave will be based on the Company's ability to furnish qualified replacements provided that written application is made at least seven (7) calendar days in advance of the leave. (i) Local union executive officers will be limited to a maximum of thirty (30) calendar days per leave. (ii) Other union members will be limited to a maximum of eight (8) working days per calendar year. If approval in writing is given, the employee's pay will be kept whole while on this union business. The employee's pay associated with this requested time off will be invoiced to and paid by the Union on a monthly basis. 3.05 Shop Stewards (a) The Company agrees to recognize two (2) Shop Stewards per operating shift and three (3) Shop Stewards on day work. 4
(b) With permission from the Shop Steward's immediate supervisor, during working hours and without loss of pay, the Shop Steward may leave regular duties, for a reasonable period of time, to investigate and settle, if possible, any grievance. 3.06 Union Committees The Company agrees to keep the employee's pay whole while attending meetings with the Company. No employee will be compensated for attending meetings which extend beyond their regular work day or on an employee's regular day off except as otherwise provided for in this agreement. (a) Union Executive (i) The Company recognizes a Union Executive of up to five (5) employees. (ii) The Union will notify the Company in writing of the names of the executive members and of any changes as they occur. (iii) Union / Management meetings will be held bi-monthly (six times per year) or as otherwise mutually agreed, between the Union Executive and the Company, at mutually agreed times, place, attendees and agenda. (b) Negotiating Committee (i) The Company recognizes a Negotiating Committee of up to four (4) employees plus the UNIFOR Union National Representative. (ii) Meetings will be scheduled during regular business hours at mutually agreed times. 5
3.07 Union Dues The Company agrees to deduct Union dues as authorized by the Union in writing from the wages that are due and payable to each employee as covered in Article 3.01. The amount will be determined from time to time by the Union and will be deducted by the Company each pay period. The total amount of such dues deductions shall be remitted by the Company, not later than fifteen (15) calendar days after the last deduction of the month was made, to the Treasurer of the National Union. 3.08 Bulletin Boards The Company will provide up to six (6) bulletin boards in agreed to locations which will be used for posting Union notices, provided that such notices have been individually reviewed by the Company before being posted. The internal distribution system will be utilized to post such notices. 3.09 Ballot Box The Union may place a ballot box at mutually agreed locations when voting is taking place. 3.10 Mailing List The Company will provide the Union, upon request, with an updated mailing list including telephone numbers of the bargaining unit members. Article 4 Strikes and Lockouts 4.01 In view of the procedure established by this Agreement for the settlement of disputes, there will be no lockout by the 6
Company, or strike, slowdown, picketing or other suspension of work by the Union or employees during the collective bargaining process or the term of this Agreement. It is agreed by the Union that it shall not authorize, instigate, condone, engage in, encourage or support any such actions. Article 5 Definitions 5.01 In this agreement: Company means "Imperial Oil, Products And Chemicals Division, Nanticoke Refinery, a partnership between Imperial Oil Limited and McColl-Frontenac Petroleum Inc." Union means Unifor Union of Canada, Local Union No. 900". Nanticoke Refinery means the Imperial Oil Nanticoke Refinery located in the City of Nanticoke near Jarvis, Ontario. Employee means an employee in the bargaining unit. Probationary employee means any newly hired individual in their first twelve (12) months of continuous employment. Regular employee means an employee who has completed the probationary period. Business day means: the hours between 8:00 a.m. and 4:30 p.m., Monday to Friday, excluding corporate recognized statutory holidays and earned days off. Shift turnover means: the process whereby the employee transfers the responsibilities for an operating post to the employee assigned to that same post on the succeeding shift. Company seniority means length of service as an employee of the Company. 7
Earned Time Off or Earned Days Off means time off required to meet the average hours per week scheduled as per the collective agreement. Base Hourly Rate of Pay means the regular hourly rate of pay as provided in Appendix A to which an employee is entitled based on their progression level and valid steam ticket held. Article 6 Grievance Procedure 6.01 A grievance is defined as a difference concerning the interpretation, application, administration or alleged violation of the terms of this agreement including any question as to whether any such difference is arbitrable. Grievances must be submitted in writing, stating the occurrence, article(s) of this agreement claimed to have been violated and the relief sought. 6.02 Both the Company and the Union recognize that it is mutually beneficial to settle as many complaints and grievances as possible promptly and at the work level where they occur. 6.03 Complaints (a) Where an employee has a complaint regarding an alleged violation with any clause in this agreement, they shall first discuss the problem with their immediate Supervisor. (b) If the employee desires, a shop steward may accompany them for this discussion. 8
(c) If, after consideration of all the facts, a settlement satisfactory to the employee is not reached and they wish to file a grievance, then they shall follow the procedure outlined below. 6.04 Employee Grievances (a) All grievances must be submitted on the Union grievance form, as agreed between the parties. (b) Where an employee is absent as a result of sickness, approved absence or approved leave, not including regular days off, then the time limits described in the grievance procedure will be from the date on which the employee first had an opportunity to present their grievance. 6.05 Step 1 (a) Grievances shall be submitted to the Department Manager or designate within twenty one (21) calendar days following the occurrence, or becoming aware of the occurrence, of the alleged circumstances. The employee accompanied by a steward and management representative will meet within fifteen (15) calendar days of the grievance being submitted, or a mutually agreed time, to consider the grievance. The Union will receive in writing the decision of the management representative within fifteen (15) calendar days following the day on which the meeting was held. (b) If the decision is unsatisfactory and the grievance is to be pursued further, Step 2 shall be followed within ten (10) calendar days of receipt of the response in Step 1. 9
6.06 Step 2 (a) The Union may submit the grievance, along with a request for a conference, to the Refinery Manager or designate. (b) Within fifteen (15) calendar days following such a request, or such longer time as may mutually be agreed upon, a conference will be arranged between the Company and two members of the Union executive plus the involved steward. (c) The Company will recognize the Union National Representative as an additional participant at this conference. (d) The grievor(s) involved shall, at the request of either party, attend such a conference. (e) The Company's decision will be given to the President or designate of the Union in writing within fifteen (15) calendar days following the day on which the conference referred to is completed. (f) Within a period of thirty (30) calendar days following the date of the Company's reply, the Union may refer the grievance to Arbitration as provided in Article 7.00. 6.07 The time limits in this Article may be extended by the mutual agreement of the parties in writing. 6.08 (a) The Company has the right to suspend or dismiss an employee for just cause. 10
(b) In the event of a disciplinary meeting involving a written notice of discipline, suspension or dismissal, the Company will advise the employee of their right to have a steward present. (c) Any written notice of discipline, suspension or dismissal will be given to the employee, with a copy to the Union. (d) Employees shall have access to their personnel file upon request. 6.09 Union Grievance (a) Any grievance initiated by the Union, will be presented to the Refinery Manager or designate, within twenty one (21) calendar days of the occurrence or of becoming aware of the occurrence. (b) The Union executive and Refinery Manager will meet within fifteen (15) calendar days of the grievance being submitted, or at a mutually agreed time, to consider the grievance. (c) The Company's decision will be given to the President or designate of the Union in writing within fifteen (15) calendar days following the day on which the conference referred to is completed. (d) Within a period of thirty (30) calendar days following the date of the Company's reply, the Union may refer the grievance to Arbitration as provided in Article 7.00. 11
ARTICLE 7 Arbitration 7.01 (a) A difference concerning the interpretation, application, administration or alleged violation of the terms of this agreement, including any question as to whether any such difference is arbitrable, may be referred to Arbitration at the written request of either party. (b) Before any matter is referred to Arbitration, it must have been processed under the terms of the grievance procedure as set out in Article 6.00. 7.02 The Board of Arbitration will consist of one person appointed by the Company, one person appointed by the Union, and a third person selected by the two appointees to act as a Chair. Alternatively, the parties may agree to a single arbitrator. 7.03 Should the two appointees fail to agree upon a chair or the two parties fail to agree on a single arbitrator within thirty (30) calendar days, then the Minister of Labour for Ontario will be asked to nominate a chair or a single arbitrator. 7.04 The decision of a majority of the Board of Arbitration shall be binding on both parties. 12
7.05 The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute new provisions for existing provisions, nor to give any decision inconsistent with the provisions of this Agreement. 7.06 Each of the parties will bear the expenses of the Board Member appointed by it and the parties will jointly bear the expenses of the chair. 7.07 The time limits in this article may be extended by mutual agreement in writing. ARTICLE 8 Seniority 8.01 (a) Plant seniority is time spent as an employee of Nanticoke Refinery in a position covered by Article 3.01. Departmental seniority accumulates from the date an employee starts to work in the department concerned. (b) Departmental seniority shall apply in the following three (3) departments: - Operations - Maintenance - Laboratory (c) In the event of hiring two (2) or more employees on the same date, they will be placed on the seniority list in alphabetical order. 13
8.02 Seniority List The Company will post a seniority list on an annual basis. This list will be verified with the Union prior to posting. The list will be posted for thirty (30) calendar days for review by employees after which it will be deemed to be final. 8.03 Probationary Employee (a) An employee shall be considered probationary during the first twelve (12) months of continuous employment and shall not have seniority rights during that period. If during the probationary period the employee is absent for any reason, the probationary period will be extended by a number of days equivalent to those missed. (b) Following completion of the probationary period, an employee's seniority will be dated from the day their employment began with the Company. (c) This probationary period may be extended with the consent of the Union. (d) During the probationary period, the Company may terminate the employment of a probationary employee with or without cause. The Company, when exercising this right, will not act in an arbitrary manner. 8.04 Seniority shall be retained and shall accumulate during: (a) Absence from work due to injury or sickness. (b) Absence from work due to a Company approved leave of absence for compassionate reasons, parental leave or leave for service for the community. 14
(c) During a transfer or promotion of not greater than twelve (12) months from the bargaining unit to a position not covered by this agreement. (d) A Company approved Union business leave. 8.05 Seniority will be retained but shall not accumulate during: (a) the first twelve (12) months of lay-off. (b) Absence from work due to a Company approved leave of absence other than those leaves provided in 8.04. 8.06 An employee transferred on loan outside this refinery for a period not exceeding twenty-six (26) months, shall be allowed to accumulate seniority at Nanticoke Refinery for the period of the loan. For a further period of twelve (12) months, the employee shall be allowed to maintain but not accumulate seniority. The employee shall pay regular Union dues based on their classification when they left Nanticoke Refinery for the first twenty-six (26) months. 8.07 Seniority will be lost when: (a) An employee is terminated due to resignation or discharge. (b) An employee is laid-off for a period of more than twelve (12) months. 15
ARTICLE 9 Job Postings and Special Assignments 9.01 Within the Operations Department, when the Company determines it is necessary to fill a vacancy or a new position by posting outside the department, the Company will post an opportunity for transfer within the department. The number of such moves will be limited to one per complex in each calendar year. For the purpose of this article, tank car loading will be considered as a separate complex within the Operations Department. Opportunities will be posted for a period of 10 business days or for such other period of time as the parties shall mutually agree upon. Bidding for postings within the department is limited to those employees who have achieved technician level one in their current complex or technician level three for tank car loaders. The company will allow employees one posting move during their career prior to achieving technician level one providing they have achieved a minimum of technician level three in their current complex. Employees who are being considered for the posting will be advised of the level that they qualify for in the new progression system and the requirements to progress in the new progression system. A vacancy created as a result of a successful bid will be filled as per 9.03. The employee will assume the rate of pay corresponding to their level of qualification for the new position. 16
9.02 In the event the company needs to transfer an employee within a department the company will either 1) reassign an employee under the following circumstances a) the employee is willing to be reassigned or b) the company needs to manage either a surplus in a complex and / or shortage in another complex; or 2) post the opportunity. In the event of a posting, employees who are being considered for the posting will be advised of the level that they qualify for in the new progression system and the requirements to progress in the new progression system. If no employee successfully bids, and the Company wishes to proceed with a reassignment, the company will reassign the most junior employee who meets the criteria of the job posting. Employees reassigned by the company shall be advised of the requirements to progress in the new progression system. Employees transferred under Article 9.02 shall have their future pay maintained as if they had not transferred. Such employees have an obligation to progress in their new line of progression. 9.03 When the Company determines it is necessary to fill a vacancy or a new position in a department, after posting as per Article 9.01 if applicable, and before hiring a new employee, a posting open to employees outside the department will be prepared for a period of ten (10) business days or for such other period of time as the parties shall mutually agree upon. 17
Preference will be given to a bargaining unit employee from another department if one is available for the job and is prepared to train and become qualified within a reasonable time. Employees who are being considered for the position will be advised of the level that they qualify in the new progression system and the requirements to progress in the new progression system. The employee will assume the rate of pay corresponding to their level of qualification for the new position. 9.04 Employees who are being considered for a posting under articles 9.01, 9.02, or 9.03 will have their entry level into the new progression plan determined by an evaluation of their past experience and their qualifications for new progression at the time of entry. Qualifications will be determined by standardized testing taken during the period after the posting has closed and prior to entry in to the new progression. The successful applicants will be allowed to progress at an accelerated pace up to their previous progression level. Once they have certified at that level by successful completion of standardized testing, any further progression will be subject to the normal conditions for that progression. An employee being reassigned under article 9.02 who has been in their current progression level for a minimum of six (6) months will be permitted to attempt the certification 18
requirements for progression to the next level in their current complex, prior to their transfer date to their new complex. 9.05 Special assignments are temporary assignments within the bargaining unit that involve work that is different and involves a higher level of responsibility than the employee's normal job but does not include the direct supervision of other employees. When the Company determines it necessary to fill a special assignment position, a posting will be prepared for a period of ten (10) business days or for such other period of time as the parties shall mutually agree upon. Urgent situations, such as significant mechanical failure, vapour release, fire, or unscheduled absence by any employee filling a special assignment position on a turnaround, shall waive the above posting provisions. 9.06 Job postings in accordance with 9.01, 9.02, 9.03 will specify a), b), c) and d) below. Job postings in accordance with 9.05 will specify a), b), c) and d) below. (a) The job description, hours of work (b) The required skill, ability and qualifications, (c) Any limitations on eligibility to bid (d) Application deadline 19
9.07 Selection for filling the position will be based on: (a) skill, ability and qualifications (b) seniority Where factors under (a) above are relatively equal between two (2) or more employees, the employee with the most seniority will be selected to fill the position. 9.08 The Company will notify the successful applicant no later than thirty (30) calendar days after the closing of the posting. The successful applicant will be moved to their new position within a maximum of six (6) months of acceptance or such other time as the parties shall mutually agree upon. 9.09 Employees who are absent due to vacation during the entire time a job is posted, will be forwarded a copy of the posting provided the employee has registered a request for notification, including where the posting is to be sent, with the Human Resources Department. Requests for notification will expire at the end of each calendar year. 9.10 Job posting in Article 9.01 and 9.03 will not apply in certain unusual circumstances, for example staffing of a new large unit or piece of equipment. Under these circumstances staffing process will be reviewed with the Union Executive prior to implementation. Even in these circumstances, whenever possible the Company will follow Article 9.07. 20
ARTICLE 10 Technological Change, Plant Closure, Severance and Lay Off 10.01 Technological Change The Company shall notify the Union six (6) months in advance of its intent to implement technological change in working methods or facilities which: (a) will involve the layoff of any full-time regular employee having one year or more of Company service, or (b) will result in a change in an employee's regular job assignment which adversely affects the employee's rate of pay. 10.02 Plant Closure The Company shall notify the Union six (6) months in advance of the permanent closure of all or part of Nanticoke Refinery which will result in a permanent work force reduction. 10.03 Rate retention shall be provided for retained employees affected by plant closure, partial plant closure or technological change as per Article 15.06. 10.04 The Company will meet with representatives of the Union to discuss the impact on the work force of technological change or permanent closure of all or part of the operation. Among the topics for discussion will be the consideration of alternatives to minimize the negative impacts on affected employees. 21
10.05 Employees terminated as a result of technological change or permanent closure of all or part of the operation will be eligible for severance pay provided the employee remains available for work until the date designated by the Company. At the request of the employee, the Company may, at its discretion, release the employee prior to the designated date of termination without loss of severance eligibility. If the employee is terminated for just cause during the notice period, severance pay is forfeited. 10.06 Severance Pay Severance pay will be a minimum of two (2) weeks pay plus two (2) weeks pay per year of actual Company service. For the purpose of this calculation, pay is defined as the employee's regular rate of pay for their normal work week exclusive of any premiums, shift differentials or overtime calculations at the time of termination. The amount of money determined by this calculation will be multiplied by 1.15. Partial years of service will be prorated for the calculation of severance payments. 10.07 Severance pay shall apply if: (a) a technological change results in a work force reduction as per clause 10.01, or (b) an operational closure or partial closure results in a reduction of work force as per clause 10.02, or (c) a laid-off employee is not recalled within twelve (12) months, or 22
(d) an employee elects to receive severance pay immediately upon layoff and waives the right to be recalled or elects to take their severance prior to the expiration of the twelve (12) months and waives the right to be recalled. 10.08 Layoff Probationary employees will be laid off first before permanent employees. In selecting employees for layoff, the following factors will be considered, given that the employees have demonstrated a minimum acceptable performance: (a) skills, ability and qualifications (b) seniority Where factors under (a) above are relatively equal between two (2) or more employees, the employee with the least plant seniority will be selected for lay-off. The Company agrees that in the event that they do not lay off by seniority, the Company will have the burden of proof in any subsequent arbitration related to that lay off. 10.09 Recall The Company will recall employees in the reverse order of layoff, providing skills, ability and qualification are met. 10.10 Employees on layoff must supply the Company with a current address and phone number. Upon recall, the Company will contact the employee at the last address on file with the Company. The right to recall will be forfeited if the employee: (a) cannot be contacted by registered mail within seven (7) calendar days, or 23
(b) declines the offer of employment, or (c) fails to notify the Company of intention to return to work within seven (7) calendar days of contact. Article 11 Recognized Holidays 11.01 (a) The following holidays will be recognized by the Company: New Year's Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day (b) For Day employees, there will be an additional two (2) floating holidays. (c) For shift employees, in lieu of floaters, two (2) days will be recognized: February 1 and June 15. 11.02 For Day employees, where any one of the holidays listed in clause 11.01 falls on a Saturday, Sunday or scheduled Friday off and there has been no government proclamation requiring its observance on another day, the Company will recognize 24
the holiday on an alternate working day, normally the following Monday. This schedule will be posted by the Company at the start of the year. Shift employees shall observe the Company recognized holidays on the scheduled calendar date. Weekend Day workers in the lab who have an actual holiday fall on their scheduled day off will have the holiday moved to their closest scheduled working day. Weekend Day workers in the lab who have an actual holiday fall on their regular scheduled work day will have a lieu day on the first or last day of that set of five days as determined by their supervisors. When a lab weekend day worker is required to work on an actual holiday, they will be paid at two (2) times the base hourly rate of pay for all hours worked on that holiday in addition to the holiday pay listed in 11.03. 11.03 For each of the holidays listed in clause 11.01, employees will be paid holiday pay at the rate they were earning immediately prior to their holiday, equivalent to eight (8) hours at the base hourly rate, except under the following circumstances: (a) an employee who is absent without permission when scheduled to work on a Company recognized holiday; (b) if a recognized holiday occurs during an employee's unpaid leave of absence, suspension or lay off; 25
(c) when a sickness absence has extended beyond 30 calendar days, the employee will not receive the holiday pay for any company recognized holidays which occurs during the remainder of the absence. 11.04 An employee who fails to report for work on a Company recognized holiday as a result of sickness or accident will receive all sickness benefits for which they are eligible, but will receive no additional compensation for the holiday except as provided in Article 11.03. 11.05 Recognized Holiday Worked When an employee is required to work on a Company observed holiday, they will be paid at two times their base hourly rate of pay for all hours worked in addition to the holiday pay listed in Article 11.03. 11.06 Overtime Worked on a Holiday When a Company observed holiday falls on a technician's regular scheduled day off and the employee is required to work, they will be paid at the overtime rate for all hours worked in addition to the holiday pay listed in Article 11.03 plus an additional premium of straight time pay for actual hours worked on the holiday. 26
11.07 If a holiday occurs during a Day Worker's vacation, the employee is entitled to an additional day of vacation to be scheduled per the vacation guidelines (Article 12.00). 11.08 Banking of Statutory Holiday Pay Employees working twelve (12) hour shifts (as defined in Article 14.03) will be permitted to bank one day's holiday pay (eight hours) per week of vacation entitlement with the following conditions: (a) Banked time must be taken off as full twelve (12) hour shifts by combining the eight (8) hours of holiday pay with four (4) hours of vacation time. No partial shifts can be taken off through the banking process. (b) If the time taken is less than the time banked, the employee will receive the balance of the banked time as holiday pay in lieu of time off. (c) During the vacation scheduling process every effort will be made to minimize overtime resulting from the scheduling of this banked time. (d) If the banked time is not taken within the calendar year, then the banked time will be paid to the employee at their base hourly rate of pay. 27
ARTICLE 12 Vacations 12.01 Eligibility and Length of Vacations (a) Employees will be granted a vacation with pay each calendar year, depending on length of Company service as follows: Service Vacation One year but less than 10 years three (3) weeks; 10 years but less than 18 years four (4) weeks; 18 years but less than 25 years five (5) weeks; 25 years or more six (6) weeks (b) For 12 Hour Day and/or Rotating Shift workers, a week of vacation is defined as forty (40) hours. (c) For Day workers (excluding 12 Hour Day workers), a week of vacation is defined as seven (7) consecutive calendar days. If a scheduled Friday off occurs during this vacation period, the employee is entitled to an alternate day of vacation. (d) A new employee will have the option of taking one (1) week of vacation after six (6) months service, with the remaining vacation being taken after the completion of one (1) year's service and within the calendar year in which one (1) year's service is attained. Thereafter, employees are eligible for their annual vacation effective January 1 of each year for the entitlement that will become due that year. 28
12.02 Scheduling Vacations (a) It will be necessary to schedule vacations in keeping with the requirements of the business. Such vacation schedules will be subject to approval by the Company. (b) Vacations shall be taken each calendar year and it will not be permissible for employees to waive vacations and draw pay in lieu of vacation. (c) Vacations may be postponed subject to the following: (i) a maximum of two (2) weeks of carry over is permitted; (ii) carryover may occur no more than once every three years; (iii) vacation carryover is to be taken during the following year; (iv) advance written approval by the Refinery Manager is required. (d) The vacation schedule for Technicians will be coordinated by technician representatives as selected by the Union and will be subject to the approval of the Department Manager or designate. (e) Consistent with business requirements, reasonable efforts will be made to accommodate the preferences of individual employees when scheduling prime time vacation periods. 29
12.03 Definition of Service, for the Purpose of Vacation Service, for the purpose of vacation, shall mean all time during which the employee has been employed by the Company as defined by Company seniority, less any period of absence of more than thirty (30) consecutive calendar days duration except absences resulting from sickness or accident. 12.04 Vacation Pay An employee will receive vacation pay at their base hourly rate of pay plus any shift differential normally earned. 12.05 Vacation Pay on Termination A vacation allowance will be paid to employees upon termination to compensate for vacation entitlement earned but not taken prior to termination. Vacation allowance payable is based on a percentage of regular earning and shift differential as listed below: Vacation Entitlement in weeks Vacation Allowance Payable (during calendar year of termination) less than one (1) year of service 4% 3 6% 4 8% 5 10% 6 12% Vacation anniversary date is the other factor in the calculation of vacation allowance. It determines the vacation entitlement period. 30
12.06 Sickness or Accident (a) Where an employee becomes disabled as a result of sickness or accident prior to or during the employee's scheduled vacation period, the vacation may be postponed or considered as an absence due to sickness and excluded from the vacation, provided: (i) the employee notifies their supervisor and the Medical Department if they become disabled prior to or during vacation and provides notification when this disability terminates; (ii) any disability during vacation must be verified by a medical certificate. The employee will be granted an equivalent vacation entitlement as an extension of their regular vacation, or at a later date consistent with business needs. (b) Where an employee becomes disabled as a result of sickness or accident before their vacation and continues to be disabled through the end of the year, vacation may be carried into the following year and taken during that year. 12.07 Technicians on vacation will not be called for overtime except in the case of emergency. 31
Article 13 Wage Progression Programs 13.01 The following progression programs are in place for Nanticoke Refinery: (a) Operations Technician (b) Maintenance Technician (c) Laboratory Technician (d) Tank Car Loader 13.02 Operations, Maintenance, and Laboratory technicians will have the opportunity to advance to the top of their progression (Technician Level 1). Participation and successful completion of the progression training program to Technician Level 2 is mandatory and shall be a condition of ongoing employment. Mandatory progression level for Tank Car Loaders is Loader 1. Each technician is required to pass standardized written, practical and oral examinations. Failure to pass the tests to qualify for the mandatory progression level in the required time is cause for termination. Technicians must be fully qualified at each level before advancing to train at the next level. 13.03 The word "certified" in the following progression program charts means "confirmed ability and qualifications" to perform the required tasks in the progression area. The 32
progression program charts are meant to provide a general overview of the progression program. The detailed requirements will be documented in the Technician Progression Plan and job specific training manuals. 13.04 Procession Review Panel The Progression Review Panel has the authority to recommend an employee's progression. The Panel has the responsibility to ensure that the appropriate accreditation process is followed. The Refinery Manager has the authority to approve this progression recommendation. The Progression Review Panel membership will include a steward of the employee's choice when reviewing that employee's Technician Level 1 progression. The progression candidate will be notified of the decision in writing or by electronic mail as soon as possible with a copy to a progression review panel. In the event that progression is denied, reasons will be provided in the same communication. Article 14 - Hours of Work 14.01 This article defines the normal hours of work and provides the basis for calculating overtime. For the purpose of this agreement, a work day is a twenty four (24) hour period commencing at the start of an employee's work day and a work week is seven (7) days starting on the first day of an employee's work week. Based on the calendar year, a schedule will be established for each employee's Earned Time Off, Vacation and Banked 33
Holidays. The Company may reconcile Earned Time Off, Earned Days Off, Banked Holidays and Vacation in each calendar year. From time to time, it may be necessary for the Company to temporarily alter the work schedules, depending on work requirements and business needs. The Company will advise the Union of any changes at the appropriate time. 14.02 Day Employee - Hours of Work for Maintenance Technicians and Operations General Mechanics/ Millwrights The hours of work shall be 37.3 hours per week, when averaged over the calendar year. (a) Normal hours of work shall be 07:30-16:00 hours (Monday to Friday, inclusive). This includes a one-half hour unpaid lunch period. (b) There shall be one ten (10) minute work break in the first half of each day and one ten (10) minute work break in the second half of each day to be granted at a time or times selected by the Company. (c) The annual schedule of Earned Days Off will be established by the Company and posted during the last quarter of the previous year plus three (3) additional floating earned days to be scheduled with the approval of their supervisor. 14.03 Twelve Hour Shift - Hours of Work The hours of work shall be thirty-eight point four (38.4) hours per week on average over the thirteen 28 day cycles as provided in Appendix "C". 34
(a) Normal hours of work for employees working a rotating shift schedule (see Appendix C), incorporating twentyfour (24) hour coverage are: 06:30-18:30 hours 18:30-06:30 hours This will include a one-half hour paid lunch. The 28 day cycle as provided in Appendix C will commence the first day of the shift set preceding the full set of days off prior to the shift change. (b) Normal hours of work for employees working a twelve (12) hour day schedule will be: 06:30-18:30 hours This will include a one-half hour paid lunch. (c) Each year, the Company may reconcile hours worked with hours scheduled over thirteen 28 day cycles. 14.04 Day Employee - Hours of Work for Operations and Laboratory Technicians The paid hours of work shall be 38.4 hours per week, when averaged over the calendar year. (a) Normal hours of work shall be 07:00-15:30 hours (Monday to Friday, inclusive). This includes a one-half hour unpaid lunch period. Employees asked to work through their lunch break on occasion will have a paid lunch period. (b) There shall be one ten (10) minute work break in the first half of each day and one ten (10) minute work 35
break in the second half of each day to be granted at a time or times selected by the Company. (c) The annual schedule of Earned Days Off will be followed while on day assignment for shift employees assigned to day work. The two (2) designated company recognized holidays for shift employees, February 1 and June 15, will become floating holidays when included in a day assignment. The annual schedule of Earned Days Off will be established by the Company and posted during the last quarter of the previous year. 14.05 Temporary Ten Hour Schedules - Hours of Work Temporary ten hour schedules may be established at the Company's discretion depending on business requirements. The hours of work shall be consistent with those hours normally worked by the employee when averaged over the cycle of the schedule. Normal hours of work for employees working a ten (10) hour day schedule will be: 06:30-16:30 hours 14.06 Laboratory Schedule - Hours of Work Normally Laboratory employees will follow either the Twelve Hour Schedule (Article 14.03) or the Day Employee Schedule (Article 14.04) with the following exceptions: (a) Laboratory technicians assigned to day work may be scheduled to provide coverage during weekends and earned days off. A Weekend Day Schedule will be defined as any combination of five (5) consecutive days including Saturdays and Sundays. 36
(b) The hours of work for the Weekend Day Schedule shall be the same as those defined in Article 14.04. (c) The annual schedule of Earned Days Off may be modified to accommodate employees on Weekend Day Schedules. 14.07 Mutuals Subject to the following guidelines, a shift employee may exchange scheduled work days with another employee: (a) these arrangements are not considered a change of schedule and time worked in excess of scheduled hours due to a mutual change will not be paid at overtime rates; (b) mutual changes will only be considered when shift team strength and emergency response requirements are sufficient to minimize risk to the operation; (c) mutual change will not result in additional cost to the Company; (d) mutual changes must be documented (day off and reciprocal day specified) in advance and approved by the Supervisors of both employees involved; (e) consecutive mutual changes will be limited to one set of shifts at one time. The Company reserves the right to cancel the use of mutuals for any employee if it feels that operations have been disrupted. 37
Article 15 - Wages and Shift Differential 15.01 Base hourly rates of pays are set out in Appendix A. These wages will be deposited into the employee's bank account twice a month. Employees will receive associated pay statements for these deposits. 15.02 Shift differentials compensate employees for the inconvenience of working a rotating shift schedule. Shift differentials will be paid in addition to the published rates where: (a) employees work on a regular scheduled rotating shift basis, or (b) employees are assigned to straight non-rotating shifts between the hours of 17:30 and 06:30 hours, or (c) employees covered under Article 14.06 (a) for hours worked on a Saturday or Sunday. 15.03 Shift differential will not be paid where employees are assigned to "Day" work as defined in clause 14.02. 15.04 Shift differentials as noted in Appendix B will apply. 15.05 Shift differential will be applied to overtime hours where applicable and to vacation calculations, but will not be included with the base hourly rate of pay when computing overtime. 38
15.06 Rate Protection/Red Circling If an employee is re-assigned by the Company to a lower pay classification within the bargaining unit, rate protection will be provided. Rate protection is defined as an employee's rate is frozen (red circled) from the date of the change which provides a rate of pay lower than the previous rate. 15.07 Rate protection will apply to IOL employees transferring from other sites who are declared surplus due to downsizing and/or plant closure. 15.08 Special Assignment Rate Employees placed on special assignments as per Article 9.05 will receive a premium of ten (10) percent of the employee's base hourly rate of pay for the duration of the assignment. ARTICLE 16 OVERTIMe 16.01 Premium pay and overtime pay is based on an employee's base hourly rate of pay, as noted in Appendix A. 16.02 Overtime pay will be paid at two (2) times the base hourly rate of pay: (a) For work performed in excess of normally scheduled working hours. (b) For work performed on scheduled days off. (c) For all hours worked in excess of a shift employee's normal work cycle due to a change of schedule initiated by the Company. 39
(d) For all hours worked in excess of a day employee's normal work week due to a temporary assignment to shift work. (For the purpose of determining overtime for day employees, normal hours worked includes Company observed holiday). (e) All hours worked on a Company Recognized Holiday. (f) Hours paid but not worked will be included as normal hours for the purpose of calculating overtime. 16.03 Overtime is managed on a voluntary basis. Employees are expected to work overtime from time to time. Overtime will be distributed as equitably as possible amongst employees qualified in the department concerned. 16.04 Training, Meeting and Course Attendance (a) When an employee is required to attend a course or meeting approved by the Company, they will be paid as follows: (i) For attendance during normally scheduled work days, the employee's pay will be kept whole. (ii) For attendance on scheduled days off, the employee will be paid overtime pay for the actual training, meeting or course hours. (b) Pay for an employee's travel to an off site course or meeting outside the normally scheduled work hours as approved by the Company will be at their base hourly rate of pay. 40
16.05 Overtime Meal Guidelines (a) The Company will furnish a hot meal to employees required to work more than two hours beyond their regular leaving time. Should the overtime extend a further four hours, a second hot meal will be provided to the employees. (b) If an employee is called in with less than four (4) hours notice, there will be hot meals supplied after the first two (2) hours of work and for every four (4) hours thereafter. (c) If an employee is entitled to a meal and chooses not to order, they shall receive a $11.00 meal allowance for each meal entitlement. 16.06 Overtime Transportation Allowance A transportation allowance of $0.29 per kilometer to a maximum of 100 kilometers (round trip) will be paid for all overtime except for work performed in excess of the normally scheduled work day. This provision shall only apply to individuals who were "regular employees", as defined in Article 5.01, prior to June 2, 2004. ARTICLE 17 Call-OUt 17.01 (a) If an employee is called out to work overtime or notified in advance to return to the plant for overtime work, the minimum payment for call out work will be equivalent to payment for five (5) hours work at the base hourly rate of pay when the employee is required to work less than two (2) hours. 41
(b) When the employee starts to work two (2) hours or less before their regular work starting time, the overtime pay will be paid for the actual hours worked. (c) Overtime pay will not apply to regular work hours that merge with overtime hours. (d) Employees who begin their normally scheduled hours of work may be asked to go home and come back later that day to cover another shift. The employee sent home shall be paid the balance of that day as if they had worked. The hours worked on the first shift of the new assignment will be paid at the overtime rate. If an employee ends up working less straight time hours than they were originally scheduled the company will pay those lost straight time hours as if they had been worked. Employees going to or coming back to their original schedule will be given a minimum of nine (9) hours off. 17.02 Premium pay at the base hourly rate of pay for two (2) hours will be paid when an employee's call out overtime is canceled with less than four (4) hours notice. If the overtime is canceled after the employee's arrival on site, the minimum call out will apply. 17.03 Day employees who perform overtime work between the hours of 23:30 and 3:30 a.m. are entitled to nine (9) consecutive hours off before returning to work. Pay will be kept whole for all hours missed as a result of the overtime call out. 42