COLLECTIVE AGREEMENT BETWEEN THE PEPSI BOTTLING GROUP, (Canada), Co. LONDON (Hereinafter referred to as the "Company") -and- THE UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 (Hereinafter referred to as the "Union") Effective: March 1, 2008 - February 28, 2011
TABLE OF CONTENTS Page # Article 1 Purpose and Recognition... 3 Article 2 Interpretation... 3 Article 3 Definitions & Classifications... 3 Article 4 Management Functions... 4 Article 5 No Strikes or Lockouts... 5 Article 6 Union Relationship and Checkoff... 5 Article 7 Union Representation... 8 Article 8 Grievance Procedure... 11 Article 9 Arbitration... 12 Article 10 Management or Union Policy Grievances... 13 Article 11 Discharge Cases... 14 Article 12 Safety... 14 Article 13 Seniority... 15 Article 14 Hours of Work and Overtime... 18 Article 15 Rates of Pay... 23 Article 16 Pay Day... 23 Article 17 Employee Benefits... 24 Article 18 Vacations... 26 Article 19 Paid Holidays... 28 Article 20 Uniforms, Protective Clothing and Equipment... 29 Article 21 Technological Change... 30 Article 22 Work of the Bargaining Unit... 30 Article 23 Leave of Absence... 31 Article 24 Loss of License... 32 Article 25 Duration... 32 Appendix A Wages... 33 Appendix B Authorization for Deduction of Initiation Fee... 37 Irrevocable Authorization for Deduction of Union Dues... 38 Letter of Understandings Bidding of Delivery Routes, Interplant Shippers and Selection of Sales Representatives... 39 Grandfathered Sales Representatives... 42 Skill Development Training... 43 Lunch breaks... 44 Royce Hyatt Arbitration Award - 11/21/95... 45
Practice of Rout Picking... 47 Saturday and Sunday Work... 48 Pension... 49 WSIB Wage Continuation... 50 Banked Overtime... 48 2
3 COLLECTIVE AGREEMENT BETWEEN THE PEPSI BOTTLING GROUP, (Canada), Co. LONDON (Hereinafter referred to as the "Company") -and- THE UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 (Hereinafter referred to as the "Union") ARTICLE 1 PURPOSE AND RECOGNITION 1.01 It is the purpose of this Agreement to promote harmonious relations between the Company and its employees and to provide an amicable method for the settlement of differences. 1.02 The Company recognizes the Union as the exclusive bargaining agent for all employees of the Company working at and out of London, Ontario save and except foremen, sales supervisors, those above the rank of foreman and sales supervisor, office staff, pre-sell customer representatives, merchandisers, persons regularly employed for not more than twenty-four (24) hours per week, and students employed during the school vacation period. ARTICLE 2 INTERPRETATION 2.01 The provisions of the present Agreement shall be read and construed together. ARTICLE 3 DEFINITIONS & CLASSIFICATIONS 3.01 The expression "outside employee" wherever used in this Agreement shall
mean an employee in the category of Sales Representative (Grandfathered), Tel-sell Representative, Interplant Shipper, Delivery Merchandiser, Delivery Helper, Equipment Serviceperson A & B and Merchandiser (Grandfathered). 3.02 The expression "inside employee" wherever used in this Agreement shall mean an employee in the category of Machine Operator, Bottle Sorter and Mechanic. 3.03 A "probationary employee" shall mean an employee who has completed less than seventy-five (75) days of work within any six (6) consecutive months, and who has no seniority rights under the terms of this Agreement. 3.04 A "temporary employee" shall mean an employee who is hired during the period of April 1 through September 30 or through December 1 through December 31. It is understood that the summer period (April through September) will be twenty-four (24) consecutive weeks long with a start and/or end date that can be determined by the Company within the above defined period. Any temporary employee starting on or after April 1 will trigger the opening of the summer period. Temporary employees shall be subject to the deduction of union dues but shall not be employees within the bargaining unit nor shall any provisions of this agreement apply to them. Should a temporary employee remain in employment after the twenty-four (24) weeks window or December 31 as the case may be, they shall cease to be temporary and become probationary. In the case of an emergency, upon mutual agreement between the Company and the Union, the use of temporary employees will be allowed outside of the above periods. 4 ARTICLE 4 MANAGEMENT FUNCTIONS 4.01 The Union recognizes and acknowledges that the management of the operation and direction of the working force are fixed exclusively in the Company and, without restricting the generality of the foregoing, and subject to restrictions elsewhere in the Agreement the Union acknowledges that it is the exclusive function of the Company to: (a) maintain order, discipline, efficiency and quality;
5 (b) (c) (d) hire, promote, demote, classify, transfer, suspend, layoff and retire employees and to discipline or discharge any employee for just cause; make, enforce and alter, from time to time, any reasonable rules and regulations to be observed by the employees; generally manage the industrial enterprise in which the Company is engaged and without restricting the foregoing to determine the products to be manufactured, processed, packaged, shipped and distributed, the methods of manufacturing, processing packaging, shipping and distribution, the sources, quantities and kinds of ingredients, supplies and other materials used in the manufacturing, processing and packaging of the Company's products, the schedules of manufacturing, processing, packaging, shipping and distribution, the kinds and the locations of machinery, equipment and tools used throughout the Company's operations, the scheduling of the employees, including the scheduling of shifts, the scheduling of overtime and to determine the use of employees to be employed. ARTICLE 5 NO STRIKES OR LOCKOUTS 5.01 There will be no strikes or lockouts so long as this Agreement continues to operate. The terms "strikes" and "lockouts" shall be defined in accordance with the definitions set out in the Labour Relations Act. ARTICLE 6 UNION RELATIONSHIP & CHECKOFF 6.01 (a) Every employee covered by this Agreement shall, as a condition of his continued employment become and remain, a member, in good standing of the Union. For new employees this requirement shall prevail once they have completed the probationary period. (b) The Union agrees that it will not refuse membership to any employee without just cause. Whenever an employee is suspended or expelled from membership the Union will give the Company, in writing, the reasons for such action.
6 (c) The employer and the Union agrees that there shall be no discrimination, with respect to any employee in the matter of hiring, wage rates, training, upgrading, promotion, transfer, layoff, recall, discipline, discharge, membership or activity in the Union, political or religious affiliation, age, race, creed, colour, handicap, sexual orientation, or marital status. The Employer and the Union also agree to abide by the Human Rights Legislation and any other applicable legislation governing any employee in the Province of Ontario. The Employer and the Union agree that everyone has the right to work in an environment free of all sexual harassment. The parties agree that if such a situation exists, a meeting will be held within the shortest possible time limits. 6.02 Every new employee shall, at the time of hiring, complete and sign an application for membership in the Union, an authorization for deduction from his pay of such amount as may be, at that time, certified by the Union to the Company as being the amount of the Union's standard initiation fee. The application for membership and authorization for deduction of initiation fee shall have no application until the employee completes his probationary period. 6.03 It is agreed that the Union and the employees will not engage in Union activities during working hours or hold meetings at any time on the premises of the Company without the permission of the Company. 6.04 (a) The employer agrees to deduct from the wages of each employee in the bargaining unit and from each temporary employee the amount of the regular union dues and to remit the amount to the Union. The Company shall, at the time of making each remittance to the Union, specify the employees from whose pay such deductions were made. (b) The Company agrees that all deductions made on behalf of the Union
shall be indicated on statements of income required for purposes of taxation as required by the Federal Government. 7 (c) All employees in the Bargaining Unit shall be required, after having served their probationary period, to authorize the Company in writing by way of the forms entitled, "Irrevocable Authorization For Deduction of Union Dues", and the authorization for deduction of initiation fee shall be "Authorization for Deduction of Initiation Fee" hereto annexed and marked "Appendix B". The above mentioned forms shall be provided by the Company and shall be signed by all employees whom are required to do so. (d) (e) (f) All deductions shall be made on the weekly pay of all employees covered by this Agreement. All sums deducted, together with a record of those for whom the deductions have been made and the amount, shall be forwarded to the United Food and Commercial Workers Canada Local 175, 2200 Argentia Road, Mississauga, Ontario, L5N 2K7. The regular weekly Union dues and such fees shall be remitted to the Union prior to the fifteenth (15 th ) of the month following the month in which such deduction is made. The Union will notify the Company by letter, signed by the duly authorized officers of the Union and bearing the Local Union Seal of the amount of the Union Dues to be deducted weekly and will give the Company thirty (30) days notice of any change in the amount of Dues. The remittance statement shall be documented by location containing a dues and initiation report for which an electronic copy will be provided to the Union. The Company will provide the following information, as known to the Company. 1. S.I.N. 2. Employee number if applicable 3. Full name (Last/First/Initials) 4. Rate of pay 5. Union dues deducted 6. Initiation fees deducted
6.05 The Union agrees to save the Company harmless from any and all claims which may be against the Company by employees for amounts deducted in accordance with Article 3.04, 6.04 above and Articles 7.07 and 7.08. 8 6.06 A seniority list containing names, addresses, telephone number, date of hire, classification and full time or part time designation of employees as contained in the records of the Company will be prepared and forwarded to the local Union office annually during September of each year. 6.07 Privacy Act: Any personal/confidential information to be provided by the Company to the Union or any Union Representative according to the terms and conditions of this collective agreement will continue to be provided as long as it is legally permitted under the Privacy Act. ARTICLE 7 UNION REPRESENTATION 7.01 The Company acknowledges the right of the Union to appoint or otherwise select a committee which shall be composed of not more than five (5) stewards - one for outside employees, one for warehouse employees, one for service, one at large from the bargaining unit and one chief steward. The name and area of each of the stewards from time to time selected shall be given to the Company in writing and the Company shall not be required to recognize any such steward until it has been so notified. The Union may, if it wishes appoint alternate stewards who will only act in the case of absence from work of the regular stewards. 7.02 The Company undertakes to instruct all members of its supervisory staff to cooperate with the stewards in the carrying out of the terms and requirements of this Agreement. 7.03 The Union undertakes to secure from its officers, stewards and members, their co-operation with the Company and with all persons representing the Company in a supervisory capacity.
7.04 The privileges of stewards to leave their work to attend to Union business is granted and shall be paid their appropriate rate of pay on the following conditions: 1. Such business must be between the Union and the Management. Employees having grievances cannot discuss these with the stewards in working hours, except in the case of a discharged employee. 2. The time shall be devoted to the prompt handling of necessary Union business. 3. The steward concerned shall obtain the permission of the supervisor concerned before leaving his work. Such permission shall not be unreasonably withheld. 4. The time away from production work shall be reported in accordance with the timekeeping methods of the department in which the steward is employed, if applicable. 5. The Company reserves the right to limit such time if it deems the time so taken to be excessive. 7.05 At the request of the Union the Company will grant time off without loss of pay, during the employee's regular working hours, up to four (4) employees, with one (1) being the Chief Steward, allowing them to be members of the Union negotiating committee and to enable them to attend arranged meetings with Company representatives, for the purpose of negotiating a renewal of the Collective Agreement: but not including Conciliation or Mediation. When deemed necessary, and when agreed to by the Company and the Union, a representative from the Service Department or a sales representative may also attend certain meetings. The allowance of such time off, however, shall be subject to the employee having obtained permission to leave his work from his immediate supervisor. 7.06 The Company agrees to grant upon the written request of the Union, an unpaid leave of absence for a period of not more than twelve (12) months to any employee who has been elected or appointed as an Official of the Canada or of the Local Union, if such duties require him to have leave of absence from his 9
Company duties. The Company will consider an extension of such leave for up to an additional twelve (12) months or the duration of the Collective Agreement whichever is longer, if requested by the Union. 7.07 Employees on such leaves of absence shall upon the written request of the Union be continued as active members of the Group Insurance Plan, Retirement Income Plan and Ontario Health Insurance Plan (O.H.I.P.) upon payment of the total contributions whether from the Union or the employee concerned. During such periods of leave of absence the employee's seniority shall continue to accumulate as if he were employed at his regular post by the Company. 7.08 Employees granted leave of absence under clause 7.06 shall upon the written request of the Union, continue to be paid their regular wages, less deductions. The Union shall reimburse the Company for all such wages, plus the amount of any benefits normally paid by the Company on behalf of such an employee. 7.09 A glassed-in, locked Bulletin Board will be provided for the Union by the Company. A board will be provided for the employees in each of the two seniority groups. The location of the boards will be mutually agreed upon for the Union Notices. Any and all notices shall be signed by an Officer of the Union, and shall be submitted to a representative of the Company's Management for approval prior to posting. Such approval will not be unreasonably withheld. 7.10 Any employee who so desires it shall have the right to review his/her personnel record in the presence of the Union Steward and a member of Management upon making a request for same in advance. Such review is to take place at such time and place within the unit as may be designated by Management. If any employee so affected objects to the material contained in such record, such objection may be made the subject matter of a grievance and be processed in accordance with the provisions of Article 8 herein. Time designated by Management will be reasonable. No additional pay beyond their regular work hours will be paid to the employee or Steward for reviewing the employees personnel file. 7.11 All written disciplinary action that is to become part of an employee s personnel record, upon request of the employee, shall be given in the presence 10
11 of a steward. ARTICLE 8 GRIEVANCE PROCEDURE 8.01 The parties to this Agreement are agreed that it is of the utmost importance to address grievances concerning the interpretation or alleged violation of the Agreement as quickly as possible. 8.02 An employee shall endeavour to resolve his complaint through informal discussion with his supervisor who shall respond forthwith. If no resolution is achieved, the employee may file a written grievance stipulating the facts of the alleged violation. No grievance shall be considered unless it is presented in writing in accordance with this Article within ten (10) working days of the incident which is the subject of the grievance. 8.03 Grievances shall be dealt with as follows: Step No. 1 - the aggrieved employee and his steward shall present his grievance in writing to his supervisor. The supervisor shall give his decision within three (3) working days following the presentation of the grievance to him. If the supervisor's decision is not satisfactory to the employee concerned, then the grievance may be presented as follows. Step No. 2 - Within three (3) working days after the decision is given at Step No. 1, the aggrieved employee and the Union president and/or the chief steward may present the grievance in writing to the appropriate manager, or his designate who shall consider it in the presence of the person or persons presenting same and the supervisor involved at Step 1, and render his decision in writing within three (3) working days following the presentation of the grievance to him. If a settlement satisfactory to the union is not reached, then the grievance may be referred to arbitration in accordance with Article 8.04. 8.04 If final settlement of the grievance is not reached at Step No. 2, then the grievance may be referred in writing by either party to arbitration as provided in Article 9 below at any time within twenty (20) working days after the decision is given under Step No. 2 and if no such written request for arbitration is received within the time limited, then it shall be deemed to have
12 been abandoned. 8.05 As per Section 48 (16) of the Ontario Labour Relations Act, RSO1995, an Arbitrator or Arbitration board may extend the time for the taking of any step in the grievance procedure under a Collective Agreement, despite the expiration of time. Where the Arbitrator or Arbitration Board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension. 8.06 As used herein, the term "working days" shall not include Saturday, Sunday or Holidays. ARTICLE 9 ARBITRATION 9.01 Both parties to this Agreement agree that any dispute or grievance concerning the interpretation or alleged violation of this Agreement, which has been carried through all the steps of the grievance procedure outlined in Article 8 above, and which has not been settled, will be referred to a Board of Arbitration, at the written request of either of the parties hereto. Provided, however, a sole arbitrator may be substituted for a Board of Arbitration on the mutual agreement of the parties. 9.02 The Board of Arbitration will be composed of one person appointed by the Company, one person appointed by the Union, and a third person to act as Chairman, chosen by the other two members of the Board. 9.03 Within three (3) working days of the request by either party for a Board, each party shall notify the other in writing of the name of its appointee. 9.04 Should the person chosen by the Company to act on the Board, and the person chosen by the Union, fail to agree on a third person within seven (7) days of the notification mentioned in Article 9.03 above, the Minister of Labour of the Province of Ontario may be asked to nominate a person to act as Chairman at any time thereafter. 9.05 The decision of a Board of Arbitration or a majority thereof, or sole arbitrator, constituted in the above manner, shall be binding on both parties.
13 9.06 The Board of Arbitration, or sole arbitrator, shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, or to give any decision inconsistent with the terms and provisions of this Agreement. 9.07 Each of the parties to this Agreement will bear the expenses of the arbitrator appointed by it, and the parties will jointly bear the expenses, if any, of the Chairman or of a sole arbitrator. ARTICLE 10 MANAGEMENT OR UNION POLICY GRIEVANCES 10.01 Any grievance instituted by management may be referred in writing to a steward within ten (10) full working days of the occurrence of the circumstances giving rise to the grievance, and the steward shall meet within five (5) working days thereafter with management to consider the grievance. If final settlement of the grievance is not completed within five (5) working days of such meeting, the grievance may be referred, by either party, to Arbitration as provided in Article 9 at any time within ten (10) calendar days thereafter, but not later. 10.02 A Union policy grievance, which is defined as an alleged violation of this Agreement, concerning all or a substantial number of the employees in the bargaining unit, in regard to which an individual employee could not grieve, may be lodged by the Union in writing with the appropriate manager at Step No. 2 of the grievance procedure at any time within ten (10) full working days after the circumstances giving rise to such grievance occurred or originated, and if it is not satisfactorily settled, it may be referred to Arbitration in the same manner and to the same extent as the grievance of an employee. 10.03 No Disciplinary notice shall be given to an employee more than eighteen (18) calendar days following the Company becoming aware of the infraction, except if this time period has been extended after agreement between the Company and the Union, or if the employee is absent from work at the time when the Company wishes to give him/her the disciplinary notice. Notwithstanding the foregoing, the Company will endeavor to fetter discipline in a timely manner.
14 10:04 In the event an employee receives discipline, such discipline shall remain actively recorded in the Personnel file for a period not to exceed twelve (12) months in the case of a verbal or written warning and eighteen (18) months in the case of a suspension from the date of such disciplinary action occurring. ARTICLE 11 DISCHARGE CASES 11.01 A claim by an employee who has completed the probationary period that he has been discharged without just cause shall be treated as a grievance if a written statement of such grievance is lodged with his manager at Step No. 2 of the grievance procedure within ten (10) working days after the employee ceases working for the Company. Such special grievances may be settled by: (a) (b) (c) confirming the management's action in dismissing the employee; or reinstating the employee with full compensation for the time lost; or any other arrangement which is just and equitable in the opinion of the conferring parties or the Board of Arbitration. 11.02 When an employee has been dismissed without notice, he shall have the right to interview his steward for a reasonable period of time before leaving the premises. ARTICLE 12 SAFETY 12.01 (a) The Company will make all reasonable provisions for the health and safety of the employees during working hours and will furnish adequate facilities and equipment for that purpose. The Company and the Union mutually agree that employees will cooperate in the maintenance of healthy and safe working conditions, in the proper use of protective clothing and equipment and in the observance of all safety rules. (b) A Joint Health and Safety committee will be formed consisting of three (3) employees from the bargaining unit and three (3)
management representatives. A co-chair will be elected from the worker representatives and a co-chair will be appointed by the Union shall be a certified representative. It is further agreed that at least one (1) employee will be trained at a St. John Ambulance course. 15 (c) (d) (e) (f) The Health and Safety Committee shall hold at least one (1) meeting per month or as deemed necessary by the Parties, and all unsafe or hazardous or dangerous conditions shall be taken up and dealt with at such meetings. The minutes of all Health and Safety Committee meetings shall be kept, and copies of such minutes shall be sent to the Union and the Employer, and one (1) copy to be posted. The Company and the Union will continue to abide by the language as it stands in the Occupational Health and Safety Act and regulations of Ontario as of the date of ratification, to the end of the current Collective Agreement. In the event that the Government modifies the Occupational Health and Safety Act and the regulations of Ontario, the Company and the Union will continue to abide by the existing language and will negotiate the impact of the changes at the time of the new contract or renewal. Health and Safety Committee shall be established, comprised of three (3) representatives elected or appointed by the Union and at least one (1) representative appointed by the Union shall be a certified representative trained by the Union. ARTICLE 13 SENIORITY 13.01 For the purposes of this Collective Agreement each of the following seniority groups shall be considered as an entirely separate seniority group: (a) (b) "Inside employees" "Outside employees" 13.02 Separate seniority lists shall be maintained by the Company for each of the
seniority groups referred to in 13.01 above, showing the name and seniority date of each employee who has acquired seniority under this Agreement. Employees who have the same seniority date will have their seniority standing determined by lottery. These lists will be revised and brought up to date the lst of June and the 1st of December of each year. The employees must, within 10 calendar days from the date of posting, notify the company of any discrepancies. A copy of each updated list will be forwarded to the Union office. 13.03 Seniority of an employee shall mean the length of his unbroken service in the Bargaining Unit. 13.04 Any new employee hired by the Company shall be on probation and will not have any seniority standing with the Company, until after he has completed seventy-five (75) days of work within any six (6) month period. His seniority will then be established seventy-five (75) working days prior to the date he completed his seventy-fifth day of work. The dismissal, layoff or failure to recall after layoff of a probationary employee shall not be the subject of a grievance and the dismissal, layoff, failure to recall after layoff, or discharge of a probationary employee shall be deemed to be for just cause. 13.05 Any employee's return to work after sick leave or accident will be conditional on his supplying, when requested, a certificate from a physician confirming that he is fit to resume his normal duties. 13.06 Seniority shall terminate and an employee shall cease to be employed by the Company when he: 16 (a) (b) (c) (d) is discharged and not reinstated through the grievance or arbitration procedure; quits; fails to return to work following the expiration of any period of leave of absence granted by the Company; unless the reason was beyond the control of the employee; is absent from work for three (3) consecutive working days without
notifying his supervisor unless the reason was beyond the control of the employee; 17 (e) (f) (g) accepts gainful employment while on a leave of absence without first obtaining the consent of the Company in writing; is off work for layoff for a period of twenty-four (24) months or the length of his seniority whichever is the shorter. Any employee on layoff shall notify the Company if he obtains employment elsewhere; fails to notify the company immediately when he is fit to return to work from illness or accident. 13.07 An employee who is or has been transferred from the bargaining unit to a job with the Company outside of the bargaining unit, will continue to accumulate seniority for a period up to one (1) year. If transferred back to the bargaining unit within the said period of one (1) year, he shall return with all seniority. 13.08 In making transfers, promotions, demotions, layoffs, and recalls from layoff within a seniority group, seniority shall govern, provided the employee can satisfactorily fulfill the normal requirements of the job. 13.09 Job Posting (a) (b) When a permanent vacancy occurs, in a seniority group, it will be posted for five (5) working days. In the case of a posting for a vacant delivery position which has previously been identified by its route type, the posting will so describe the vacant delivery position. All employees may apply for a posted vacancy. First consideration will be given to applications by employees within the seniority group in which the vacancy has occurred. In the event there are no successful applicants from within the seniority group, consideration will be given to applicants from the other seniority group. Any employee who is absent will be entitled to make application during the five (5) day period referred to in paragraph (a) through any other employee acting on his behalf.
18 (c) (d) (e) The Company will select the successful applicant at the close of the posting period in accordance with the criteria of 13.08 and will advise employees concerned of the successful candidate by posting that information. In the event the successful applicant is required to change seniority groups, he will retain his seniority, but will not be allowed to bid for any other vacancy in the seniority group to which he has transferred for a period of six (6) months following the effective date of the transfer. The first vacancy, if any, which results from filling of the original vacancy will be posted for three (3) consecutive working days and will be filled in accordance with this Article. No posting will be required for any further vacancies which may result and the Company shall have the right to fill such further vacancies as it determines to be appropriate. ARTICLE 14 HOURS OF WORK AND OVERTIME 14.01 The following paragraphs and sections are intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week. 14.02 Hourly-rated employees shall include all inside and outside employees. 14.03 EMPLOYEES HIRED PRIOR TO AUGUST 14, 2000: The following language applies to all current employees as listed in Appendix A, that were hired prior to August 14, 2000. (a) The regular work week for hourly-rated employees shall be forty (40) hours per week consisting of five (5) consecutive eight (8) hour shifts or four (4) consecutive or non consecutive ten (10) hour shifts Monday through Saturday as defined in Letter of Understanding Respecting Bidding of Delivery Routes, Interplant Shippers and Selection of
Sales Representatives. In the case of Interplant Shippers, it shall consist of 40 hours per week based on a work week of Sunday to Saturday. Employees shall have at least two (2) consecutive days as their assigned days off, one of which shall be Sunday, with the exception of the Service Technicians and Machine Operators who may work on Sundays on a voluntary basis. Saturday work shall be posted for volunteers in the preceding week, no later than 5:00 p.m. Thursday, to a maximum of six (6). If there are not enough volunteers, the Saturday work will be assigned to a maximum of six (6) delivery merchandisers on a reverse-seniority basis. Delivery merchandisers who volunteer for Saturday work will be guaranteed pay for the Saturday shift if employees with less seniority have completed 40 hours of work that same week. All employees who work on a Saturday as their regular scheduled shift shall receive a $1.50 per hour shift premium. Employees will have the right to exercise their seniority to obtain work at straight time on days outside their regularly scheduled work week in order to make up for time lost due to temporary lay-off during that same week. Employees will not have this right to make up for lost time due to sickness. 19 (b) (c) In the instance where an employee has been reported to work and accession of work occurs before the commencement of his shift, the Company shall grant the employee four (4) hours of work or four (4) hours of pay at his normal hourly rate. Any such employee who has been absent from work must assume the responsibility for checking with the Company to determine if work is available before returning. If an hourly-rated employee is summoned to return to the plant by the Company after cessation of his normal shift, the employee shall be guaranteed of four (4) hours of work or four (4) hours at his normal hourly rate, whichever is greater.
20 (d) (e) (f) (g) (h) Rest periods of fifteen (15) minutes will be allowed at the rate of one during each half shift wherever possible. All time worked in excess of the regular work schedules as set out in 14.03, or on a paid holiday, or on a Saturday, or in excess of eight (8) hours or ten (10) hours in a day shall be paid for at the rate of time and one-half (1 1/2) the employee s regular hourly rate of pay. Notwithstanding the above, employees who exercise their seniority, as per article 14.02, to work on a day outside their regularly scheduled work week in order to make up for lost time due to temporary lay-off, will be paid at straight time. While seniority will generally govern overtime, employees who have worked forty (40) hours in a given week will only be offered overtime work after all other full-time employees have been offered the opportunity to work forty (40) hours in the same week, where practicable. To facilitate the distribution of overtime work, hourly rated employees will be required at the beginning of each calendar month to indicate their desire for such assignments by signing an "employee available for overtime" list and that repeated refusal of overtime work after having indicated availability for such assignments will result in that employee being excluded from further consideration under these provisions. An employee who refuses overtime for a reasonable cause will not disqualify himself from being asked for overtime in the future. It is understood that in the event that all overtime requirements cannot be filled on a voluntary basis such work may then be assigned on a reverse-seniority basis to those employees who are capable of satisfactorily performing the work required. This provision shall apply in the event of a power failure, machine breakdown or any other causes beyond the control of the Company. If overtime is to exceed an hour, a fifteen (15) minute rest period will be allowed before the commencement of overtime. Overtime premiums shall not be paid more than once for any hour worked, and there shall be no pyramiding of overtime. The normal work week for outside employees, including the normal starting hours, shall be determined by management.
21 14.04 EMPLOYEES HIRED AFTER AUGUST 14, 2000: The following language applies to employees hired into the bargaining unit after August 14, 2000. The Company will schedule these employees first on a Saturday schedule before asking for volunteers or assigning the work as per Article 14.03. (a) The regular work week for hourly rated employees shall be forty (40) hours per week consisting of any five (5) eight (8) hour shifts or any four (4) ten (10) hour shifts Sunday to Saturday. All employees who work on a Saturday or Sunday as their regular scheduled shift shall receive a $1.50 per hour shift premium. Employees will have the right to exercise their seniority to obtain work at straight time on days outside their regularly scheduled work week in order to make up for time lost due to temporary lay off during that same week. Employees will not have this right to make up for lost time due to sickness. (b) (c) (d) (e) In the instance where an employee has been reported to work and accession of work occurs before the commencement of his shift, the Company shall grant the employee four (4) hours of work or four (4) hours of pay at his normal hourly rate. Any such employee who has been absent from work must assume the responsibility for checking with the Company to determine if work is available before returning. If an hourly-rated employee is summoned to return to the plant by the Company after cessation of his normal shift, the employee shall be guaranteed of four (4) hours of work or four (4) hours at his normal hourly rate, whichever is greater. Rest periods of fifteen (15) minutes will be allowed at the rate of one during each half shift wherever possible. All time worked in excess of the regular work schedules as set out in 14.03, or on a paid holiday, or in excess of eight (8) hours or ten (10)
hours in a day shall be paid for at the rate of time and one-half (1 ½) the employee s regular hourly rate of pay. Notwithstanding the above, employees who exercise their seniority, as per article 14.02, to work on a day outside their regularly scheduled work week in order to make up for lost time due to temporary lay-off, will be paid at straight time. 22 (f) (g) (h) While seniority will generally govern overtime, employees who have worked forty (40) hours in a given week will only be offered overtime work after all other full-time employees have been offered the opportunity to work forty (40) hours in the same week, where practicable. To facilitate the distribution of overtime work, hourly rated employees will be required at the beginning of each calendar month to indicate their desire for such assignments by signing an employee available for overtime list and that repeated refusal of overtime work after having indicated availability for such assignments will result in that employee being excluded from further consideration under these provisions. An employee who refuses overtime for a reasonable cause will not disqualify himself from being asked for overtime in the future. It is understood that in the event that all overtime requirements cannot be filled on a voluntary basis such work may then be assigned on a reverse-seniority basis to those employees who are capable of satisfactorily performing the work required. If overtime is to exceed an hour, a fifteen (15) minute rest period will be allowed before the commencement of overtime. Overtime premiums shall not be paid more than once for any hour worked, and there shall be no pyramiding of overtime. The normal work week for outside employees, including the normal starting hours, shall be determined by management.
23 ARTICLE 15 RATES OF PAY 15.01 The Company agrees to pay and the Union agrees to accept for the terms of this Agreement, the schedule of wages attached hereto as Appendix "A". 15.02 Effective date of ratification, a shift premium of one dollar ($1.00) per hour shall be paid to all hourly rated employees on the afternoon shift. An afternoon shift is any shift which commences after 1:30 p.m. 15.03 An employee who has been appointed as a lead hand shall be paid a premium of fifty cents (50 ) per hour above his regular rate of pay. 15.04 An employee who is temporarily transferred to a lower rated job to avoid a layoff or at the request of the employee will receive the lower rate of pay for the duration of the temporary transfer. 15.05 An employee who is temporarily transferred to a lower rated job classification for the convenience and benefit of the Company shall continue to receive his normal rate of pay for the duration of the temporary transfer. 15.06 An employee who is transferred from a lower to a higher rated job, whether on a temporary or permanent basis, for two (2) consecutive hours or more, will be paid the higher rate, subject to the provisions of 15.01. 15.07 Deliverymen temporarily promoted to Sales Representatives shall receive 1/5th of the salesman's weekly salary for each day worked. 15.08 There shall be no duplicating or pyramiding of overtime or premium pay under any provision of this agreement or any other Article in this agreement. ARTICLE 16 PAY DAY 16.01 All employees shall receive their pay bi-weekly each week by a direct deposit to a bank or financial institution of their choice. The deposit will normally be made on Thursdays, but may be subject to the time delays depending on the policies of the bank or financial institution. Details as to all calculation of
hours for days worked, rates of pay, deductions etc., shall be contained on a statement to be given to each employee. Any mistakes on an employee s pay greater than one hundred ($100), the Company will issue payment to the employee the following (off-cycle) week. 24 ARTICLE 17 EMPLOYEE BENEFITS 17.01 (a) Effective August 1, 1994, employees shall be provided with benefit coverage in accordance with Pepsi-Cola Canada Beverages' Flexible Benefits Program. (b) Pension Plan All members of the bargaining unit covered by this agreement shall participate in the Canadian Commercial Workers Industry Pension Plan (CCWIPP). The Company shall make the following per hour contributions for all hours paid by the Company to the seniority holding members of the bargaining unit (hours paid shall include hours worked, vacations, observed holidays and paid time off for contract negotiations) to CCWIPP, to a maximum of two thousand eighty (2,080) hours per year per employee. Effective March 1, 2008, the Company shall contribute one dollar and three cents (1.03 ) per hour worked; Effective March 1, 2009, the Company shall contribute one dollar and twenty three cents (1.23 ) per hour worked; Effective March 1, 2010, the Company shall contribute one dollar and twenty three cents (1.23 ) per hour worked; Effective March 1, 2010 the company further agrees to pay ten (10 ) per hour worked for each employee on the Seniority List to a maximum of two thousand eighty (2,080) hours worked per year per employee for the CCWIPP stabilization fund.
25 The company further agrees to pay twenty-four cents (24 ) per hour worked for each employee on the Seniority List to a maximum of two thousand eighty (2,080) hours worked per year per employee for the purchase past service credits. 17.02 The Company will grant leave of absence with pay for the purpose of arranging and attending funerals to employees who have completed their probationary period in the case of bereavement, as follows: (a) (b) (c) (d) Five (5) days of absence with pay in case of the death of a spouse, common-law spouse, or child of an employee. Three (3) days of absence with pay in the case of the death of a grandchild, brother, sister, mother-in-law or father-in-law of an employee. One (1) day of absence with pay in the case of the death of a grandparent, daughter-in-law, son-in-law of an employee, and the grandparent of an employee s spouse. Four (4) days of absence with pay in the case of the death of a father or mother of an employee. Plus two (2) days travel time at half pay if the death of this person is outside the Province of Ontario. 17.03 An employee who has completed his probationary period and who is called for Jury Duty or who is required to attend a Court in any matter arising out of this employment, or who is subpoenaed to appear in court as a Crown witness, will receive for each day of necessary absence on that account, the difference between his regular earnings for that day and the amount of the fee received from the Court, provided that the employee furnishes the Company with evidence that his attendance is required and satisfactory evidence as to the amount of fee received.
17.04 Employees absent from work in connection with clauses 17.02, 17.03 above, shall be paid as follows: 26 (a) (b) Hourly paid employees - at their regular hourly rate up to a maximum of eight (8) or ten (10) hours per day, where applicable. Employees paid on the basis of a weekly wage - at an amount equal to one fifth (1/5) of their regular weekly wage for each day. 17.05 An employee shall receive up to a maximum of six (6) days sick per annum, at 66 2/3% of earnings and certified medical evidence may be required. Should medical evidence be required, the employee s immediate supervisor or his/her designate will inform the employee at the time the employee calls in to notify the supervisor of his/her absence. Except in the case of extreme emergency, dental appointments, medical checkups and eye examinations shall not constitute certified medical evidence. Employees who, at the end of a calendar year, have unused sick leave credits, will be entitled to payment at 100% of the regular rate of pay that was in effect for him on the first day of the contract year. This payout will be processed in the month of January. 17.06 The Company will reimburse 100% of the cost of A-Z physical examinations up to every three (3) years, upon receiving a copy of the medical practitioners receipt. 17.07 The Company and the Union agreed to a Benefit Committee to discuss training / communication and make recommendations to the Company ARTICLE 18 VACATIONS 18.01 Vacations with pay shall be granted in accordance with the following paragraphs: (a) the purposes of paragraph 18.01, "anniversary date" shall mean each successive anniversary of the seniority date;
27 (b) (c) Vacation pay shall be calculated based upon 2% of the employee s vacationable earnings or based upon 40 hours of work at his regular rate of pay, whichever is higher. Vacationable earnings is defined as all employment income (short term disability, regular pay, premium pay, vacation pay, bereavement, overtime, statutory holiday pay) less taxable benefits (life insurance, car taxable benefits, Sharepower). Entitlement shall be calculated on the following basis and will be available to the employee to use in the calendar year of his anniversary date: (a) (b) (c) (d) (e) after the first anniversary date - 2 weeks; after the fifth anniversary date - 3 weeks; after the tenth anniversary date - 4 weeks; after the twentieth anniversary date - 5 weeks; after the thirtieth anniversary date - 6 weeks. 18.02 Preference in allocation of vacation entitlement shall be given to employees on a seniority basis subject to section 18.03 provided that is does not interfere with the proper and efficient operation of the Company. 18.03 For the purpose of Article 18 the Company shall have the right to limit the number of employees off on vacation at any one time in each area of seniority as follows: Inside Seniority List 3 Delivery 6 Service 2 - only one A Tech and one B Tech off at same time. Mechanics 1 Sales 1 18.04 Vacation schedules to be posted and completed by February 1 and finalized by February 15 in each year. 18.05 Employees who leave the service of the Company will be paid pro-rated vacation pay in accordance with the amount of vacation entitlement provided for under paragraph 18.01(c).
28 18.06 Employees who leave the service of the Company prior to the first anniversary date shall receive as vacation pay an amount equal to four percent (4%) of the wages paid to the date of termination. 18.07 The Company agrees to continue the current practice for all employees, wherein an employee who is laid off, may request a vacation day(s) to top up his wages for the week, to a maximum of 40 total compensated hours (including time worked and vacation). ARTICLE 19 PAID HOLIDAYS 19.01 The expression "paid holiday" where it is used in the Agreement shall mean any one of the following: New Years Day Good Friday Canada Day Labour Day Christmas Day Christmas Eve Day Day After New Year's Day Victoria Day Civic Holiday Thanksgiving Day Boxing Day Plus any day which may be legislated by the provincial or federal government. 19.02 (a) Each eligible employee who has completed the probationary period shall receive holiday pay for each paid holiday or day observed in lieu thereof. (b) Should any of the holidays mentioned above, other than Christmas Eve Day, fall on a Saturday or on a Sunday, the Company shall decide which day will be taken in lieu thereof. 19.03 An employee shall not be eligible to receive holiday pay for a holiday if he has not worked his regular schedule work day or shift immediately preceding and immediately succeeding the holiday. However, an employee shall not be disqualified under this provision by reason of approved leave of absence or proven illness or accident commencing no more than five (5) days preceding
the holiday and ending no more than five (5) days following the holiday, or for attendance at funerals or jury duty as provided for under Article 17. Proven illness or accident shall mean such illness or accident that is proven to the satisfaction of the Company by means of a medical certificate or independent medical examination. 19.04 Holiday pay shall be calculated by multiplying the employee's regular hourly rate times eight (8) or ten (10). For outside employees, who do not receive a regular hourly rate, holiday pay shall be calculated as one fifth (1/5) the previous full week's pay. 19.05 In addition to the foregoing holidays, each eligible employee who has completed the probationary period shall be entitled to one (1) Float Day per calendar year to be taken at a time that is mutually agreed to between the employee and his supervisor. ARTICLE 20 UNIFORMS, PROTECTIVE CLOTHING AND EQUIPMENT 20.01 All permanent full time employees will be allocated specific numbers of points per contract year from which they may select their uniform requirements. Employees will be required to choose uniforms appropriate to their job function and will be required to be properly attired at all times. Uniforms will only be issued twice annually, in March and September of each year. Boots will be issued as required. Inside Seniority List -Maximum of 200 points per year Outside Seniority List - Maximum of 220 points per year The Selection value of items shall be as follows: Pants 15 Points Shirts 10 Points Vests 10 Points Shorts 15 Points T. Shirts 3 Points Windbreakers 20 Points Parkas 25 Points Bomber Jackets 25 Points Safety Footwear 35 Points ($2.00 per point) 29