A. O. SMITH ENTERPRISES, LTD., - Ontario.ca

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This AGREEMENT made and entered into As of The 1 st day of May, 2014 between A. O. SMITH ENTERPRISES, LTD., Stratford, Ontario (hereinafter referred to as the “Company”) — and — UNITED Steelworkers Local 3313-44 (Hereinafter “The Union”)

Transcript of A. O. SMITH ENTERPRISES, LTD., - Ontario.ca

This AGREEMENT made and entered intoAs of

The 1st day of May, 2014

between

A. O. SMITH ENTERPRISES, LTD.,

Stratford, Ontario

(hereinafter referred to as the “Company”)

— and —

UNITED Steelworkers Local 3313-44

(Hereinafter “The Union”)

table of contents

Article 1 — Recognition .......................................... 1Article 2 — Relationship.......................................... 1Article 3 — No Strike/No Lockout .......................... 2Article 4 — Management Rights.............................. 3Article 5 — Deduction of Union Dues ..................... 4Article 6 — Union Representation ........................... 5Article 7 — Grievance Procedure............................. 7Article 8 — Arbitration ............................................ 9Article 9 — Discipline, Suspension and Discharge.. 11Article 10 — Seniority ............................................. 13Article 11 — Bulletin Boards................................... 16Article 12 — Safety and Health................................ 16Article 13 — Recognized Holidays.......................... 19Article 14 — Vacations ............................................ 22Article 15 — Hours of Work.................................... 25Article 16 — Overtime............................................. 27Article 17 — Reporting for Work and Call-In Pay... 30Article 18 — Wages ................................................. 31Article 19 — Benefit Plans....................................... 31Article 20 — Leave of Absence ............................... 32Article 21 — Job Posting ......................................... 36Article 22 — Agreement Validity ............................ 38Article 23 — Trade Certification.............................. 38Article 24 — Maintenance Tool Allowance............... 39Article 25 — Duration.............................................. 39Appendix A .............................................................. 41Appendix B .............................................................. 42Appendix C .............................................................. 43Appendix D .............................................................. 44

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PReaMble

WHEREAS the Company and the Union recognize and acknowledge that the management of the Company’s oper-ations and the direction of its work forces are vested exclu-sively and solely in the Company; and WHEREAS it is the mutual desire and intention of the Company and the Union to establish an orderly collective bargaining relationship; NOW THEREFORE it is hereby expressly agreed and declared by and between the parties hereto as follows:

ARTIcLE 1 — REcOGNITION

1.01 The Company recognizes the Union as the sole col-lective bargaining agent for all employees at its plants, in the City of Stratford, Ontario, save and except foremen, persons above the rank of foreman, quality control inspectors, office and sales staff.

ARTIcLE 2 — RELATIONSHIP

2.01 There shall be no discrimination, interference, restric-tion, or coercion exercised by the Company, the Union or any employees against any person employed by the Company on account of membership, non-membership, activity or lack of activity in the certified Union.

2.02 Company and the Union agree that there will be no discrimination against any employee because of race, ances-try, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status or disability.

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2.03 No person shall be required, as a condition of em-ployment, to become or remain a member of any Union or other organization, and no statements or representations to the contrary shall be made.

2.04 The Union agrees that there shall be no Union activ-ity of any kind or solicitation for membership on Company premises except as specifically provided for in this Agree-ment.

2.05 Foremen and other supervisors will not perform work normally performed by employees in the bargaining unit, except:

a) in cases of emergency, such as when situations arise when employees are not available;

b) when performing experimental or developmental work;

c) When instructing employees.

ARTIcLE 3 — NO STRIKE/NO LOcKOUT

3.01 The Company agrees that it will not cause or direct any lockout of its employees, and the Union agrees there will be no strike, stoppage, slow-down, picketing or other action which will stop, curtail or interfere with work or the Company’s operations. The Union agrees that if any such ac-tion takes place it will repudiate it forthwith and require the employees to return to work. Any employee participating in such action will be subject to discipline, including discharge.

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ARTIcLE 4 — MANAGEMENT RIGHTS

4.01 All rights not expressly granted to the Union or em-ployees hereunder are reserved to the Company. Without limitation of the foregoing, the management of the plant and the direction of the work forces are vested exclusively in the Company, including but not limited to the rights to hire, disci-pline or discharge for just cause, to promote or demote, to layoff, transfer, classify, test, and recall employees, determine job content, standards of performance, the qualifications of employees, establish rules covering employee conduct, and determine the hourly and daily schedule of employment. The Company shall be the exclusive judge of all matters per-taining to the conduct of its business, including but not lim-ited to the products to be manufactured, quality and quantity of production, machines, tools, and equipment, schedules of production, the assignment of work, the methods and pro-cesses of manufacturing, the materials to be used therein, the extent other facilities will be used, and the disposition of its products. The Company shall have the absolute right, as to all or any part of the work performed by the bargaining unit, discontinue operations, to transfer operations to any new or existing facility, and to determine all other functions and prerogatives here before vested in the Company which shall remain solely with the Company.

It is understood and agreed, however, that the aforesaid rights are subject to, but only to, such regulations and restric-tions governing the exercise of those rights as are expressly provided for in this Agreement. The application of this provi-sion shall not be inconsistent with any other provision of this Agreement.

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The exercise or non-exercise of rights hereby retained by the COMPANY shall not be deemed to waive such right or the right to exercise them in some other way in the future.

ARTIcLE 5 — DEDUcTION OF UNION DUES

5.01 The Company shall deduct Union dues includ-ing where applicable, initiation fees and assessments, on a monthly basis, from the wages of each employee covered by this Agreement. The amount of dues shall be calculated in accordance with the Union’s Constitution.

5.02 All dues, initiation fees and assessments shall be re-mitted to the Union forthwith and in any event no later than fifteen 15 days following the last day of the month in which the remittance was deducted. The remittance shall be sent to the International Secretary-Treasurer of the United Steel-workers, AFL CIO-CLC, P. O. Box 9083, Commerece Court Postal Station, Toronto, Ontario M5L 1K1 in such form as shall be directed by the Union to the Company along with a completed Dues Remittance Form R-115. A copy of the Dues Remittance Form R-115 will be sent to the United Steelworkers, 119 Exeter Road, Unit “K”, London, Ontario N6L 1A4.

5.03 The remittance and the R-115 form shall be accom-panied by a statement containing the following information.

a) A list of the names of all employees from whom dues were deducted and the amount of dues deducted.

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b) A list of the names of all employees from whom no deductions have been made and the reasons for not de-ducting dues.

c) This information shall be sent to both Union addresses identified in Article 5.02 in such form as directed by the Union to the Company.

5.04 The Union shall indemnify and save the Company harmless all claims or other forms of liability that may arise out of any actions taken by the Company in compliance with this article.

5.05 The Company, when preparing T-4 slips for the em-ployees, will enter the amount of Union dues paid by the em-ployee during the previous year.

ARTIcLE 6 — UNION REPRESENTATION

6.01 The Company will recognize a maximum of one (1) senior employee as grievance steward per shift in addition to the local Union Grievance Chairman. A grievance steward will act on grievances arising only in his/her work area. In the absence of the above grievance steward, the Grievance Chairman may act as the alternate.

6.02 The Union will notify the Company in writing of the names of all grievance stewards and chairmen, and the Com-pany will not recognize any employee as a grievance steward and chairman until such notification is received.

6.03 The Company will recognize a general grievance committee which will act on grievances at Step 2 of the Grievance Procedure. This committee will be composed of

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the Local Union Grievance Chairman, or alternate in his/her absence, and a Union Chairman who is an employee of A. O. Smith Enterprises Ltd.

6.04 The grievance committee shall be paid for meeting time for a reasonable period.

6.05 The Union agrees that stewards, members of the grievance committee and such other Union officers will be chosen from among the employees and have regular work to perform on behalf of the Company. Such person will not leave his/her regular duties without first obtaining permis-sion from his/her immediate supervisor stating who he/she wishes to contact and the expected duration of his/her ab-sence. (If requested, he/she will give a reasonable explana-tion as to his/her absence.) If permission is granted, the mat-ter will be dealt with expeditiously, and the steward or Union officer will report to his/her superior immediately upon re-turn.

It is further understood that the processing of a griev-ance shall not interfere with the regular conduct of the Company’s operations. Conversely, the Company shall not unreasonably withhold from the Union time to process a grievance.

6.06 The Company agrees that the International Staff Representative of the United Steelworkers may enter Com-pany property to investigate grievances at the request of lo-cal Union officer(s) or Company officials at times during normal working hours after first securing permission from the Operations Manager or his/her designee. The Union

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agrees that such investigation rights granted by the Company will not be used to disrupt or interfere with production oper-ations.

6.07 The Company shall recognize a negotiations commit-tee of three (3) A. O. Smith Enterprises Ltd. Employees, com-prised of the Local Chairperson, Chairperson of the Griev-ance Committee, and the Unit Secretary of the Local, whose sole function is to negotiate the renewal of this Agreement as set forth in Article 23.02.

ARTIcLE 7 — GRIEVANcE PROcEDURE

7.01 “Grievance” means a difference or dispute, between the Company and any employee(s), coming specifically under this collective agreement concerning the interpretation, application, or alleged violation of this Agreement.

7.02 Research preparation with respect to a grievance will be conducted outside of working hours. The filing of a griev-ance to management by the aggrieved employee may be done during working hours but must not interfere with the regular conduct of the Company’s operations.

7.03 There shall be no grievance until the immediate supervisor of the aggrieved employee has first been given an opportunity to deal with the problem. Such problem must be discussed with the immediate supervisor within three (3) working days after the event or circumstances giving rise to the problem has occurred, or came or should have come to the attention of the employee, and, if the employee is not satisfied with the reply of the immediate supervisor, which reply shall be communicated to the employee within three (3) work-

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ing days following receipt of the complaint, the employee may file a written grievance in the following manner and sequence:

a) Step 1 Meeting

If no satisfactory resolution is reached above, the ag-grieved employee may within three (3) working days thereafter present his/her grievance in writing to the supervisor stating the specific article(s) and section(s) of this agreement violated. For this purpose the aggrieved employee shall be entitled to the assistance of his/her lo-cal grievance steward. The supervisor shall answer the grievance in writing within three (3) working days stat-ing specifically why the grievance was granted or denied.

b) Step 2 Meeting

If no satisfactory settlement is reached in Step 1 above, the aggrieved employee or Union may within five (5) working days following thereafter present the grievance to the Operations Manager, or his/her designated repre-sentative, stating specifically why the Step 1 answer was unsatisfactory. A meeting shall be held within five (5) working days between the grievance chairman, the Union unit chairman, the grievant and the Operations Manager or his/her designated representative. At this meeting a full time International Staff Representative of the Union may be present if requested by either the Company or a mem-ber of the Union grievance committee. The Operations Manager shall provide his/her written answer within five (5) working days after this meeting.

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7.04 A policy grievance arising directly between the Com-pany and the Union concerning the interpretation, applica-tion or alleged violation of this Agreement shall be origin-ated under Step 2, and shall be submitted in writing, and shall provide the information as spelled out in Step 1 hereof. However, the provisions of this paragraph must not be used to institute any non-policy grievance directly affecting an em-ployee which could have been instituted through the regular grievance procedure.

Any grievance by the Company or the Union as pro-vided in this paragraph shall be commenced within ten (10) working days after the circumstances giving rise to the griev-ance have occurred.

ARTIcLE 8 — ARBITRATION

8.01 Failing settlement under the foregoing procedure of any grievance between the parties, such grievance may be submitted to arbitration as set forth in paragraph 8.03. If no written request for arbitration is received within fifteen(15) working days after the decision under Step 2 or under para-graph 7.04 is received, it shall be deemed to have been settled and not eligible for arbitration.

8.02 Any grievance not submitted within the time limits or not advanced by the grieving party within any of the time limits provided in the grievance procedure shall be deemed to have been abandoned. No matter may be submitted to arbi-tration which has not been properly carried through all the requisite steps of the grievance procedure. Where no answer is given within the time limits specified in the grievance pro-

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cedure, the aggrieved shall be entitled to submit the griev-ance to the next step of the grievance procedure.

8.03 If the Company or Union requests that a grievance as above provided is submitted to arbitration, either shall make such request in writing addressed to the other party to this Agreement.

Within fifteen (15) working days thereafter, the Arbitra-tor shall be selected by mutual agreement between the Dir-ector Human Resources and the USW Staff Representative.

8.04 a) The Arbitrator shall not have jurisdiction to amend

or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement.

b) In the event that a grievance is submitted to Arbitra-tion on which the Arbitrator has no power to rule, it shall be referred back to the parties without decision or recom-mendation on its merits.

8.05 Each of the parties hereto will equally share the fees and expenses of the Arbitrator.

8.06 The time limits fixed in both the grievance and arbi-tration procedures are mandatory but may be extended by mutual written consent of the parties to this Agreement.

8.07 The award of the Arbitrator shall be binding on the parties to the Agreement and any employees involved.

8.08 Where the Arbitrator determines that a disciplinary penalty, suspension or discharge is excessive, he/she may

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substitute such other penalty for the discipline or discharge as he/she considers just and reasonable in all circumstances.

8.09 An Arbitrator’s jurisdiction to amend a retroactive remedy is restricted and limited by the time limits in which a grievance may be filed.

8.10 If a grievance involving the discharge of an employee has been referred to Arbitration, the parties may upon mutual agreement attempt without prejudice to settle the grievance with the assistance of a mediator. Any settlement agreed to by the parties shall be binding upon the parties and the griever. If the parties fail to agree on a settlement, an arbitrator shall have jurisdiction to hear the grievance in the normal manner. The parties shall jointly bear the cost of the mediator’s fees.

ARTIcLE 9 — DIScIPLINE, SUSPENSION AND DIScHARGE

9.01 Subject to the provisions set out below, a claim by an employee who has successfully completed his/her proba-tionary period that he/she has been discharged or suspended without just cause may be the subject of a grievance and dealt with as provided in Section 9.03. A copy of any such dis-charge or suspension and the reason for such discharge or suspension will be given to the Union grievance chairman or his/her designee within three (3) working days of the disci-plinary action.

9.02 Any employee who is subject to formal recordable disciplinary action including written warning, suspension or discharge shall be permitted the attendance of a local Union representative during said proceedings. If an employee does

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not wish to have a Union representative during the said pro-ceedings, he/she may express this wish at the commence-ment of the meeting and the Union representative shall be excused from the meeting. Further, a copy of such record-able disciplinary action will be forwarded to the Union Grievance Chairman on a timely basis.

9.03 If the employee considers he/she has been suspended or discharged without just cause, he/she may submit a griev-ance in writing under Step 2 of the grievance procedure within three (3) working days following his/her discharge. The termination of the employment of a probationary em-ployee for any reason shall not be the subject of a grievance.

9.04 If a discharged employee is reinstated pursuant to the grievance procedure or arbitration, any compensation awarded for earnings lost shall be on the basis of the em-ployee’s regular basic rate and normal hours of work to a maximum of forty (40) hours per week less amounts earned by the employee during the time so lost.

In the event monies earned by the employee exceed the amount he/she would have received from the Company dur-ing the period of suspension or discharge the employee may retain any excess amounts earned.

9.05 The levels of progressive discipline shall be verbal warning, written warning, three (3) day suspension, five (5) day suspension and discharge, or such other penalty as may be agreed to by the parties, or substituted by an arbitrator pursuant to Article 8.08 herein. The level of initial discipline may vary based on the circumstances and the type of infrac-tion and will increase incrementally with each subsequent infraction within a rolling two (2) year period. On the second

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year anniversary of each disciplinary warning, the remaining related discipline warnings on each employee’s record will be reduced to the previous level of discipline.

ARTIcLE 10 — SENIORITY

10.01 An employee will be considered on probation and will not have any seniority standing with the Company until after he/she has completed ninety (90) calendar days from date of hire. Upon completion of such probationary period, the em-ployee’s name shall be placed on the appropriate seniority list. The employer may discipline, suspend or discharge a probationary employee for cause.

10.02 “Seniority” means the length of continuous service with the Company since the date of last hiring according to Company records.

10.03 A person shall lose all seniority and shall be deemed to have terminated his/her employment with the Company if he or she:

a) Voluntarily resigns from the employ of the Company or retires; or

b) is discharged and such discharge is not reversed through the grievance procedure or arbitration; or

c) is absent from work for three (3) consecutive working days without providing a justifiable excuse; or

d) fails to return to work upon termination of an author-ized leave of absence unless a justifiable excuse is given or

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fails to utilize a leave of absence for purposes other than those for which the leave of absence was granted; or

e) has been laid off for any reason for a period equal to his/her length of service up to a maximum of one (1) year. An employee unable to work and is on approved absence because of a non-work related illness or injury will not lose his/her seniority for a period equal to his/her length of service up to a maximum of thirty (30) months. This clause will be applied and interpreted in accordance with all legislative requirements; or

f) fails to notify the Company of his/her intention to re-port for work within three (3) days of being recalled from layoff unless a justifiable excuse is given. Notice of recall shall be made through email, phone call, or registered letter mailed to the last known address of the employee according to Company record. Proof of receipt will be documented or witnessed by a Union Representative; or

g) Fails to report to work after being recalled from lay-off within three (3) days of notifying the Company of his/her intention to report for work, unless a justifiable excuse is given.

10.04 The Company will post a seniority list for the em-ployees in the bargaining unit once every four (4) months. A copy of such list will also be supplied to the Union. Em-ployees shall have five (5) working days to challenge the accuracy of the list. Thereafter, it shall be binding upon all parties until the circulation of the next list.

10.05 The Company shall not be required to observe the seniority provisions set out above for temporary layoffs of

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five (5) working days or less. An employee shall only be impacted by this temporary layoff not more than a total of twenty (20) days per calendar year. In the event that one area of the plant is shut down due to equipment failure or material shortage, the Company will make every effort to find alterna-tive work for the affected employees for the remainder of the shift. In any layoff (not including layoffs of five (5) working days or less) the Company shall give preference to the senior employee deemed qualified if he/she can demonstrate compe-tence after a training period of ten (10) working days on the job. This only applies if the employee is displacing another employee from the same or a lower job class from which he/she is being displaced. An employee may displace a junior employee from a higher job class only if he/she has had previ-ous work experience on the job. Such employee will receive a ten (10) day training period.

10.06 The procedure for recall to permanent jobs will be as follows; Notice of recall shall be sent to the individual em-ployee by registered mail, or other means determined by the Company and shall be good and sufficient notice if sent to the last address the individual has communicated in writing to the Company. It shall be the responsibility of each employee to provide the Company with their current mailing address and home telephone number.

Employees shall be recalled in reverse order of layoff provided they are qualified to perform the work available.

10.07 In the event an employee is transferred from the bar-gaining unit to a job outside the bargaining unit, he/she shall retain any seniority he/she had accumulated prior to his/her

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transfer, but will not accumulate any seniority after his/her transfer.

If he/she is not returned by the Company to the bar-gaining unit within six (6) months of his/her transference, he/she shall forfeit all his/her seniority in the bargaining unit. In the event the employee has been transferred from the bargaining unit to work in an existing position available due to a leave of absence for the incumbent and such leave of absence is extended for a period greater than six (6) months, such transference will be extended with seniority rights after discussion with the Union.

10.08 Employees having the same seniority dates shall be placed on the seniority list in alphabetical order.

ARTIcLE 11 – BULLETIN BOARDS

11.01 The Employer agrees to provide the Union with one (1) bulletin board in the plant for the purpose of posting Union notices. Notices will be posted only by the officers of the Union and will be in keeping with the spirit and in-tent of this Agreement. It is agreed, however, that with the exception of Union meeting notices, all such notices must be approved in advance by the Operations Manager or his/her designee.

ARTIcLE 12 — SAFETY AND HEALTH

12.01 The Company and the Union acknowledge their common concern for maintaining a safe and healthy working environment and agree to abide by the rules and regulations

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as established by the Occupational Health and Safety Act and Company Policies.

12.02 The Company and the Union will establish a Joint Safety and Health Committee consisting of not less than four (4) members, at least two (2) to be appointed by the Company and one (1) from each operating production shift or facility to be appointed by the Union. The Committee shall meet periodically, but not less than once every three months, at times agreed upon among them to discuss matters of mutual concern dealing with the safety and health conditions at the Company’s operations, and may conduct inspections of the plant and equipment to ensure maintenance of a safe working environment.

12.03 A committee member shall receive his/her regular straight time hourly rate (in addition to shift differential, if applicable) for time lost during his/her regular working hours while attending Safety Committee meetings.

12.04 Where an employee, who has commenced work on any day or shift suffers an industrial accident arising out of his/her employment, if, in the opinion of a duly qualified medical practitioner, such accident prevents the employee from continuing at work he/she shall be paid at the regular straight time hourly rate for the balance of the time he/she would have worked in such day or shift had such accident or recurrence not occurred.

12.05 The Union will assist the management in carrying out any reasonable accident prevention program that may be de-veloped or that is currently in effect.

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12.06 In the event of an accident/injury within the plant, members of the safety committee shall be notified and if ne-cessary the safety committee may investigate the cause and recommend corrective action(s) to be taken.

12.07 The Company agrees to reimburse the cost of CSA certified safety shoes per the following:

Effective May 1, 2014 $135 Effective May 1, 2015 $140 Effective May 1, 2016 $145 Reimbursed amounts below the maximum reimburse-ment will accumulate for purchase of future safety shoe purchases within the length of the contract. The established reimbursement amounts for CSA Certified Safety Shoes are to include shoe insoles.

12.08 All costs associated with the purchase of prescription or non-prescription safety glasses will be borne by the Com-pany. This cost includes, but not limited to, any dispensing fee. The cost of prescription ground safety glasses, furnished by the Company and made in accordance with the prescrip-tion paid for by the employee shall become the property of the employee. In the event said glasses are lost or damaged by the employee, the employee shall pay the cost of replace-ment, unless a reason satisfactory to the Company is pro-vided and accepted. When the nature of the work results in damage to the prescription ground glasses, through no fault of the employee, the cost of replacement will be borne by the Company. These safety glasses must be worn by all employ-ees in designated areas and must be returned to the Company for replacement.

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12.09 An employee may refuse to perform any work he/she believes is unsafe pursuant to the Work Refusal Procedure appended hereto as Appendix D. There shall be no reprisal against any employee for having exercised this right.

ARTIcLE 13 — REcOGNIZED HOLIDAYS

13.01 The following holidays are recognized under this Agreement:

New Year’s Day Labour Day Good Friday Thanksgiving Day Victoria Day Christmas Eve Canada Day Christmas Day Civic Holiday (1st Monday in August) Boxing Day (day after Christmas) Family Day New Year’s Eve

13.02 Employees shall receive holiday pay in accordance with Section 13.03 of this article; provided they will not be paid if:

a) The employee failed to work the full scheduled shift on either the last scheduled work day before or first sched-uled work day after such holiday; minor tardiness may not disqualify an employee from holiday pay provided, at the sole discretion of the Operations Manager, the cause of the tardiness was justified; or

b) The employee has failed to report for work on such holiday if he/she has been instructed to so report; or (d) the employee has been granted leave of absence for that holiday or for a period of time including that holiday.

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13.03 For the purposes of Section 13.02, holiday pay shall be as follows:

a) If a recognized holiday occurs on an employee’s regular day off or vacation period and he/she qualifies for holiday pay, he/she shall receive eight (8) hours pay at the regular straight time hourly rate; or when mutually agreed upon the employee may elect to have another day off at a later time when agreed upon between the employee and his/her immediate supervisor.

b) If the recognized holiday occurs on what would otherwise have been a work day for the employee and if he/she qualifies for the holiday pay, he/she shall receive their regular straight time hourly rate and shift premium, if applicable, for each hour he/she would otherwise have been scheduled to work on such holiday.

c) If an employee works on a recognized holiday he/she will be paid for work performed at the rate of two (2) times his/her regular straight time hourly rate in addition to the holiday pay he/she qualifies for under this Article.

d) Where an employee is scheduled to work in accord-ance with Article 15.02(a), if a recognized holiday occurs on the employee’s regular day off or vacation period and he/she qualifies for holiday pay, he/she shall receive ten (10) hours pay at the regular straight time hourly rate. However, the Union agrees that where a recognized holi-day occurs on a Friday, employees scheduled in accord-ance with article 15.02 (a) shall take the preceding Thurs-day as the holiday.

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e) Where a recognized holiday occurs on a Friday and is recognized on the preceding Thursday as provided for in article 13.03 (d), the Union agrees that employees nor-mally scheduled to work on the third shift on Thursday night/Friday morning shall work during the second shift hours as determined by the Company.

13.04 When any of the above holidays falls on a Saturday, the Company shall declare the preceding Friday as the holi-day. When any of the above holidays falls on Sunday, the Company shall declare the following Monday as the holiday. Should a Recognized Holiday fall during the work week, the Company will advise employees at least one (1) month in advance, of the day that the holiday will be celebrated.

13.05 In the event an employee is not at work as scheduled on one or both of the qualifying days due to being on ap-proved leave of absence in conjunction with Section 20.02, said employee shall be eligible to receive holiday pay as set forth in this Article, provided the employee has worked the last regular scheduled day before and after the leave of ab-sence.

13.06 In the following days, November 11th Remembrance Day, and April 28th Day of Mourning, the President or his/her designate will be allowed up to four (4) hours off work to at-tend the service and place a wreath on behalf of the union and the employer. The employer will pay up to four (4) hours lost time.

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ARTIcLE 14 — VAcATIONS

14.01 For purposes of this Article, each vacation year shall begin on July 1st and end on June 30thof the following year, and a week of vacation shall mean five (5) consecutive days (Monday through Friday inclusive). June 30th of any year shall be the date for determining an employee’s entitlement to a vacation and vacation pay for the immediately following vacation year.

14.02 Employees with less than one (1) year of continuous service as of June 30th will be entitled to receive vacation pay in accordance with the provisions of the Employment Standards Act.

14.03 An employee with one (1) year or more but less than five (5) years of continuous service as of June 30th in any year shall be entitled to a vacation of two (2) weeks to be taken in the following vacation year. Pay shall be equal to four percent (4%) of total earnings paid by the Company for the previous vacation year.

14.04 An employee with five (5) years or more but less than twelve (12) years of continuous service as of June 30th

in any year shall be entitled to a vacation of three (3) weeks to be taken in the following vacation year. Pay shall be equal to six per cent (6%) of total earnings paid by the Company for the previous vacation year.

14.05 An employee with twelve (12) years or more of con-tinuous service as of June 30th in any year shall be entitled to a vacation of four (4) weeks to be taken in the following

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vacation year. Pay shall be equal to eight (8%) of the total earnings paid by the Company for the previous vacation year.

14.06 Whenever an employee becomes qualified for addi-tional vacation eligibility, he/she shall be entitled to take such additional vacation after his/her anniversary date in the cur-rent vacation year. Such vacation time shall be taken in one-week increments except when the employee is eligible for his/her third week of vacation. The third and fourth weeks of vacation may be scheduled in single or half day increments.

a) Commencing in 1984 and each year thereafter, the Company may shut down the plant for up to two (2) weeks, except for necessary personnel or maintenance employees for the purpose of scheduling vacations. After January 1, but not later than April 1, of each year, the Company shall designate the vacation shutdown periods by posting a no-tice of the dates the plant will be shut down on the Com-pany bulletin boards. Employees shall be credited with the completion of their service requirement for their annual vacation, as provided in 14.01 above, as of the starting date of the vacation shutdown each year. Employees who are eligible for more than two (2) weeks vacation and those who are eligible for vacation but who are retained during the vacation shutdown period must take at least two weeks of their vacation before December 31st in that year. To the extent operating conditions will permit, vacations will be scheduled at times requested by employees.

b) In the event that there is no plant shutdown, eligible employees shall be entitled to two (2) consecutive weeks of vacation during the period from July 1 to September 10. Employees shall be prepared to submit their request and

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alternatives to the Company no later than April 15th. The Company shall endeavour to grant vacation to each em-ployee as requested. When two (2) or more employees have requested the same weeks and the Company can-not grant the request of all of those employees, the senior employee(s) shall be given preference. If an employee’s request cannot be accommodated he/she will be permitted to elect an alternative period of time before that period is made available to a junior employee. The Company agrees to post the final vacation schedule once agreed, no later than May 15th and update weekly should any chan-ges become evident. It is understood that the Company may utilize students during summer vacation to replace employees who are on vacation provided there are no bar-gaining unit employees on layoff.

14.07 Vacations are to be taken only during the defined va-cation year. It is not permissible to postpone the vacation or any part thereof from one year to another. In the event of a vacation shutdown scheduled by the Company, all vacations taken outside the vacation shutdown period will be sched-uled by the Company. Consistent with production manpower requirements, the Company shall consider employee prefer-ence and seniority when scheduling individual vacations.

14.08 For operations in which business conditions require a one week summer shutdown period, the week prior to and the week following the shutdown will be scheduled on a one shift basis to enable, as many of the employees not working the shutdown, as possible, to have a consecutive two week vacation during the summer.

25

14.09 For purposes of this Article, total earnings shall be calculated as compensation for time worked plus Statutory Holidays.

ARTIcLE 15 — HOURS OF WORK

15.01 Nothing in this Agreement shall be construed to be a guarantee of work or of hours of work per day or per week.

15.02 The regular work week will consist of forty (40) hours to be worked in five (5) days of eight (8) hours each day, Monday to Friday inclusive, exclusive of a daily thirty (30) minute unpaid lunch period.

a) Notwithstanding Article 15.02, at the sole discretion of the Company the regular work week for employees scheduled on the second shift may be worked in four (4) days of ten (10) hours each day, Monday to Thursday ex-clusive of a daily thirty (30) minute unpaid lunch period.

15.03 The regular starting and quitting times shall be deter-mined by the Company in accordance with the requirements of the business. Employee lunch periods shall be provided not later than five (5) hours after the commencement of the shift.

15.04 Two (2) rest periods of ten (10) minutes each will be provided each regular work day, one (1) ten (10) minute per-iod in the first half of the shift and one (1) ten (10) minute period in the second half of the shift. The rest period will be taken at a time specified by the Company.

26

15.05 There shall be a five (5) minute wash up period im-mediately prior to the lunch period and quitting time of em-ployees.

15.06 The employee’s work week and work day shall begin with the starting time of his/her scheduled shift on Monday (Sunday night for some 3rd shift employees).

15.07 When it is necessary in the Company’s opinion to modify the regular starting time of employee(s), the Com-pany will post such modifications on the plant bulletin board forty-eight (48) hours in advance of changing the hours of work; however, such modifications shall not be used to avoid payment of daily overtime.

The Company will advise the Union prior to posting said notice and review and discuss alternative means of ad-justing the hours of work if requested by the Union.

a) The Company and the Union agrees that should the Company at any time decide to schedule the work of its employees in accordance with Article 15.02(a), the Com-pany in its sole discretion shall have the right to change the schedule of hours worked back to five (5) days of eight (8) hours each day, Monday to Friday after first dis-cussing such change with the local Union.

b) The Company, however, agrees that where in the Company’s opinion normal operations permit, the Com-pany will not unreasonably withhold a request made on behalf of a majority of employees on the second shift to change the schedule of hours worked back to five (5) days of eight (8) hours each day, Monday to Friday.

27

ARTIcLE 16 — OVERTIME

16.01 Where the Company determines that overtime is re-quired, employees shall be compensated for overtime hours worked as follows:

a) All employees required to perform work in excess of eight (8) hours in any continuous twenty-four (24) hour period beginning with their regularly scheduled starting times shall be paid at the rate of one and one-half (1.5) times their straight time hourly rate of pay, except that this provision will not apply to short shift changes when mu-tually agreed upon.

b) All employees required to perform work on Saturday shall be paid at the rate of one and one-half (1.5) times their straight time hourly rate of pay for all hours worked and shift premiums, if applicable.

c) All employees required to perform work on Sunday shall be paid for all hours they work on such day at the rate of two (2) times their straight time hourly rate of pay and shift premium, if applicable.

d) Notwithstanding article 16.01 (a), where an employee is scheduled to work in accordance with article 15.02 (a), subject to the provisions in article 13.03 (d), all employees required to perform work in excess of ten (10) hours in any contiguous twenty-four (24) hour period beginning with their regularly scheduled starting times shall be paid at the rate of one and one-half (1.5) times their straight time hourly rate of pay, except that this provision will not apply to short shift changes when mutually agreed upon. Where

28

article 13.03 (e) is in effect, the first eight hours (8) of this shift will be at their regular straight time hourly rate.

e) All employees required to perform work on a recog-nized holiday which is observed on a regular work day shall be paid in accordance with Article 13.

16.02 Overtime work must be authorized in advance of commencement of such overtime by the Operations Man-ager or other person designated by the Operations Manager to authorize overtime.

16.03 Any overtime required beyond five (5) hours in any week will be on a voluntary basis. It is understood that due to the nature of the maintenance function, those maintenance employees will be required to work overtime in excess of the limitations of this paragraph as the legitimate business requirement arises. The Company will make every effort to provide adequate advance notification of such overtime.

16.04 It is agreed by the parties that regarding the assigning of overtime, it will be applied in the following manner:

a) The Company will first ask the employee(s) per-forming the job(s) on which the overtime is required; thereafter, the Company will canvass qualified employ-ees.

b) If there are not enough employees secured to work the required overtime, the overtime will be assigned to employees low in overtime hours who are qualified to perform the job(s). If two or more employees have the same number of overtime hours, then the overtime will be assigned starting with the least senior employees.

29

c) Employees who were asked to work overtime and ac-cept or refuse will be charged for the number of overtime hours worked or declined.

d) The Employer, to the extent possible and practical, will equally distribute overtime to employees qualified to perform the available work.

e) If any employee is bypassed and/or is not asked to work overtime and an employee with more overtime hours is selected, the employee who was bypassed will be given the opportunity to work the next available overtime until the deficiency in hours has been rectified. The Company may apply this remedy once per calendar year per employ-ee. Thereafter the Company shall pay the employee for the lost hours at his/her straight time hourly rate.

f) Overtime records will be maintained by the super-visor of the department and a copy given to the Union on a monthly basis for the purpose of reviewing the distribution of overtime in accordance with this Article.

16.05 It is understood that there will be no pyramiding in counting overtime hours worked for the purpose of comput-ing overtime premium payments. To the extent that hours are compensated for at overtime rates under one provision, they shall not be counted as hours worked in determining overtime pay under any other provisions of this Agreement.

16.06 Except for emergency situations or circumstances beyond the control of the Company an employee who is re-quired to perform overtime work will receive a twenty-four (24) hour advance notice of such overtime assignment.

30

ARTIcLE 17 — REPORTING FOR WORK AND cALL-IN PAY

17.01 An employee who reports for work at the start of his/her regular shift without having been notified previously not to do so, and for whom regular work is not available, shall be provided with four (4) hours work or four (4) hours pay five (5) hours work or five (5) hours pay for those employ-ees working under the provisions of Paragraph 15.02 a) in lieu thereof at his/her regular straight time hourly rate. Any employee so affected shall take such temporary work as is available in order to qualify for his/her four (4) hours pay five (5) hours pay for those employees working under the provisions of Paragraph 15.02 a). This clause will not apply when an employee is prevented from working because of:

a) Any circumstances beyond the control of the Com-pany, including without limitation of the foregoing, any power shortage or power failure, fire, flood, lightning, storms, act of God, etc., and

b) Failure on the part of the employee to keep the Com-pany advised in writing of his current address and tele-phone number.

17.02 Employees who are called back to work outside their regular hours in order to meet emergency conditions will re-ceive whichever is the greater or the following:

a) Four (4) hour’s pay at straight time rates:

b) Time and one half (1.5) for all hours worked.

Where the time worked on a call-in overlaps and extends into the start of his/her regular shift, the employee shall re-

31

ceive only time and one-half for all hours actually worked prior to the start of his/her regular shift.

ARTIcLE 18 — WAGES

18.01 The wage rate structure as shown in Appendix “A” will remain in effect for the life of this Agreement.

18.02 Employees will be paid a shift premium of sixty cents (.60) per hour for all hours worked on the second shift and third shift employees. The shift premium will not be con-sidered in the computation of overtime hours on a shift and/or the computation of straight time hourly rate.

18.03 The Company shall have sole discretion to appoint lead hands without regard to seniority or any other provisions of this Agreement.

18.04 The Company may temporarily transfer an employee or employees to other jobs for up to a period of fifteen (15) consecutive work days. Such employee(s) will receive the rate of his/her regular job or the job to which he/she has been temporarily transferred to, whichever is greater.

ARTIcLE 19 — BENEFIT PLANS

19.01 Industrial Pension Plan – A. O. Smith Enterprises Ltd. Industrial Pension Plan applicable to employees covered by this Agreement is set forth in a separate Agreement between the Company and the Union. The Company agrees the Pen-sion Plan shall not be reduced or eliminated during the term of the contract agreement.

32

19.02 Group Insurance Plan – The benefits provided under the present group; life, accidental death and dismember-ment, accident and sickness, major medical, as agreed upon, shall be continued and not reduced for the duration of the contract. Details of the Group Insurance Plan are defined in the Employee Benefit Book. The company agrees to pay for medical documentation required by the Insurance carrier and/or Human Resources Department.

ARTIcLE 20 — LEAVE OF ABSENcE

20.01 The Company, in its sole discretion, may grant a leave of absence without pay for legitimate personal reasons on three (3) weeks advance written request to the Operations Manager clearly stating the reason(s) for the request and the proposed duration. Such advance written request may be waived in the case of emergencies.

20.02 The Company shall grant leave for one (1) day for the “Local Bargaining Unit President and one (1) mem-ber to be elected from the floor” to attend Union Business, upon receipt of fourteen days written notice from the Union. Subject to the requirements of the Company’s operations, the company may grant a leave of absence without pay to an employee for the purpose of attending a Union convention or conference or a Union School, providing the Company is given fourteen (14) calendar days notice in writing includ-ing reference to the purpose of such leave and its proposed duration, subject to the following conditions:

a) A leave of absence shall not exceed a period of five (5) working days;

33

b) The accumulated total of such absences granted over the three year life of the agreement shall not exceed seventy (70) days in the aggregate for all employees in the bargaining unit;

c) Not more than two (2) employees shall be entitled to be absent at any one time, provided that there is not more than one (1) employee from any one department. If the requested leave is for Union education, the Company shall grant leave for up to three (3) days for two (2) people pro-vided such education session is held in months other than June, July, August, and September.

d) The Union will reimburse the Company for any wages, benefits and statutory payments made to employees or for employees, absent by reason of Union business. Employ-ees who are absent by reason of Union business are not acting out of, or in the cause, of Company business.

e) The Local Union Chairperson shall be notified of all leaves under the paragraph.

f) In addition to the days set out in subsection (b) and subject to other sections of this paragraph, the Company shall grant an additional leave of up to five (5) consecutive working days within a calendar year for one bargaining unit member, provided request for such leave is made in writing thirty (30) days in advance of such leave. The request shall be made by the Union’s International Staff Representative.

20.03 The Company shall grant an employee a leave of ab-sence for not more than three (3) years, when it is requested in writing, to work in an official capacity for the Local or

34

International Union and to be compensated by the Union. This leave may be extended for an additional three (3) year period. During such a leave seniority will be accumulated by the employee provided the Company is reimbursed for all pension costs and other costs arising from the senior-ity accumulation. All leaves under this provision shall be requested fourteen (14) days in advance and only one em-ployee will be allowed a leave at any time.

20.04 The Company will grant Bereavement leave up to a maximum of five (5) consecutive working days (Monday through Friday inclusive) to an employee who is absent solely due to a death in his/her immediate family. Payment for such days will be made at the employee’s regular straight time hourly rate, not to exceed eight (8) hours per day ten (10) hours per day for those employees working under the provisions of Paragraph 15.02 a), subject to the following conditions:

a) Such employee must have completed his/her proba-tionary period;

b) Such employee would otherwise be at work;

c) Where requested by the Company, the employee will furnish proof satisfactory to the Company of death of the member of his/her immediate family;

d) Members of the employee’s immediate family are de-fined for the purpose of this Agreement as current spouse, child, mother, and father. In all cases the term “spouse” also refers to common-law spouse or same-sex partner.

20.05 The Company will grant Bereavement leave up to a maximum of three (3) consecutive days (Monday through

35

Friday inclusive) to an employee who is absent soley due to the death of his/her grandparent, parent or guardian of current spouse, brother, sister, brother or sister-in-law, or grandchild. Payments for such days will be made at the employee’s regu-lar straight time hourly rate, not to exceed eight (8) hours per day ten (10) hours per day for those employees working under the provisions of Paragraph 15.02 a), and subject to all other conditions of this Article. If an employee requests addi-tional time off to attend a funeral of a family member outside the Province of Ontario, the Company shall grant leave of up to five (5) working days inclusive of the paid leave provided herein.

20.06 A seniority employee who is selected for Jury Duty shall be reimbursed by the Company at his/her regular straight time hourly rate for regular working hours lost, not to exceed eight (8) hours per day ten (10) hours per day for those employees working under the provisions of Paragraph 15.02 a), less any payment(s) received for time spent on said Jury Duty during the normal work week. The proof of pay-ment for said Jury Duty is to be provided by the employee to his/her supervisor prior to any reimbursement being made.

20.07 For the purposes of Article 20, payment will be made on the basis of the employee’s regular straight time rate, based on the number of normal hours the employee otherwise would have worked, exclusive of overtime and other forms of premium pay.

36

ARTIcLE 21 — JOB POSTING

21.01 Vacancies on existing or new jobs which are rec-ognized as permanent-type jobs will be posted on the plant bulletin board for three (3) working days. During this per-iod employees who have completed their probationary per-iod may apply in writing for promotion to the posted job. The employee with the greatest amount of seniority among those applying for a job in Labour Code 4 and above will be given the job provided he/she has the necessary quali-fications to perform all the work. The employee with the greatest amount of seniority among those applying for a job in Labour Code 3 and below will be awarded the job. Labour Code 3.14, Utility Worker-3 in-Training, will have a maximum of 6 months to demonstrate his/her ability to perform all Labour Class 3 positions. The Company will make available adequate training time on each job in class 3. Once approved, the employee will move from Labour Code 3.14 Utility Worker 3-in-Training to Labour Code 3a Utility Worker 3. An employee who receives a transfer through job posting shall not apply again until one (1) year has lapsed. This one (1) year bar shall not apply if the subsequent job posting is to a higher job class.

21.02 An employee bidding to Labour Code 4, except into 4.5 Utility Worker/Painter, will have two weeks of training on the job to demonstrate his/her ability on the job to which he/she successfully bid. If he/she fails to demonstrate his/her ability to adequately perform the job, in the sole judgment of the Company, he/she will be returned to his/her previous job. The employee will not be allowed to disqualify himself/herself. Labour Code 4.5, Utility Worker-4 in-Training, will have a maximum of 6 months to demonstrate his/her abil-

37

ity to perform the Paint Room and at least one other Labour Class #4 position. The Company will make available ad-equate training time on each job in class 4. Once approved, the employee will move from Labour Code 4.5 Utility Work-er / Painter in Training to Labour Code 4a Utility Worker / Painter.

21.03 If there are no qualified applicants, the Company may then fill the position from outside the bargaining unit. In any event, the Company may transfer any employee to any va-cancy on a temporary basis, subject to the provisions of Arti-cle 18.04, until the posting procedure has been completed.

21.04 Article 21 and all other articles relating to the job posting procedure will apply only to the original job opening or vacancy and the vacancy occurring following the success-ful filling of the original job opening or vacancy.

21.05 Once the successful job bidder has been determined in conformance with this Article, the job shall be awarded to the employee within thirty (30) working days.

21.06 The Company will provide the Union secretary with a copy of each job posting. When the posting procedure has been completed and a successful job bidder is determined, the Company will post the name of the successful job bidder on the plant bulletin board.

21.07 When it becomes necessary for the company to re-place the incumbent in a position for an extended period as the result of an accident or illness, the position will be posted as a “TEMPORARY JOB POSTING”, giving the anticipated duration of the temporary vacancy. This temporary job will

38

be awarded in accordance with the other provisions of this Article.

a) When the original incumbent returns from the tem-porary leave, the employee awarded the temporary post-ing will return to the position held prior to the posting.

b) If the incumbent of the temporarily posted job is unable to permanently return to the job, the job will be posted as a “PERMANENT JOB POSTING” in accord-ance with this Article.

ARTIcLE 22 — AGREEMENT VALIDITY

22.01 If any provision of this Agreement is declared invalid by a court of competent jurisdiction, the validity of the re-mainder of this Agreement shall not be affected thereby.

22.02 This Agreement is subject to all applicable Federal and Provincial laws and any rules and regulations issued pursuant thereto.

ARTIcLE 23 — TRADE cERTIFIcATIONS

23.01 The Company will reimburse employees the cost as-sociated for renewal fees for trade certifications for those employees in Labour Codes 6 and 7 if required by the Tech-nical Safety Authority or the Ontario College of Trades.

39

ARTIcLE 24 — MAINTENANcE TOOL ALLOWANcE

24.01 Effective 5/1/2014, maintenance employees in Labour codes 6.1, 6.2, 6.3, 7.1, 7.2, and 7.3 will be given a tool allow-ance of $150 for each year of the current contract.

ARTIcLE 25 - DURATION

25.01 No amendments to or supplementary agreements to the current collective bargaining agreement shall be recog-nized unless issued in writing and signed by designated repre-sentatives of the Company and designated representatives of the Union. Furthermore, no such amendments or supplement-ary agreements heretofore made or made in the future in any other manner shall have any force or effect.

25.02 Except as otherwise provided herein, this Agreement becomes effective on the May 1, 2014 and remains in effect through midnight on the April 30th, 2017; unless either party notifies the other party, in writing, of its desire to amend or terminate the said agreement, it will continue in effect from year to year thereafter. Notice of amendment or termination may only be given during a period of not more than ninety (90) days and not less than thirty (30) days prior to the 30th day of April, 2017, or any succeeding anniversary date.

40

JOB cLASSIFIcATIONS

Effective December 1, 2003 all Job Code 1 will be reclassed to Job Code 3.

SIGNED AT STRATFORD, ONTARIO this 8th day of May, 2014.

UNITED STEELWORKERS

Stephen Banks, Area Co-OrdinatorJim MacDonald, Union RepresentativeJim Law, Union Representative

A.O. SMITH ENTERPRISES LTD., Stratford, Ontario

Randy Fink, Operations ManagerOrlando Avila, ControllerPaul Prestis, Director of OperationsShawn Schmonsky, Director of Human Resources

41

APP

EN

DIX

A

Eff

ectiv

e D

ate

— M

ay 1

, 201

4L

abou

r C

odes

and

Job

Cla

ssifi

catio

n

Job

Cla

ssifi

catio

n

New

3m

6m

9m

12

m2

2.1

Stud

ent (

May

-Sep

tem

ber o

nly)

90%

of e

ntry

leve

l to

whi

ch jo

b cl

assi

ficat

ion

stud

ent i

s wor

king

3 3.

2 C

lean

and

Tes

t

$18.

74

$19.

05

$19.

34

$19.

61

$19.

89

3.3

Line

r/Dia

phra

gm &

Ass

embl

y Pr

ess O

pera

tor

$18.

74

$19.

05

$19.

34

$19.

61

$19.

89

3.4

Ass

embl

er/In

spec

tor/P

acka

ger

$18.

74

$19.

05

$19.

34

$19.

61

$19.

89

3.9

Res

ista

nce

Wel

der O

pera

tor

$18.

74

$19.

05

$19.

34

$19.

61

$19.

89

3.12

M

ater

ial H

andl

er S

hipp

er/R

ecei

ver

$1

8.99

$1

9.30

$1

9.59

$1

9.86

$2

0.14

3.

14

Util

ity W

orke

r 3 -

in- t

rain

ing

$18.

74

$19.

05

$19.

34

$19.

61

$19.

89 3

.14a

U

tility

Wor

ker 3

$19.

24

$19.

55

$19.

84

$20.

11

$20.

394

4.2

Dra

w P

ress

Ope

rato

r

$18.

97

$19.

34

$19.

72

$20.

11

$20.

47

4.3

Gen

eral

Wel

der

$1

8.97

$1

9.34

$1

9.72

$2

0.11

$2

0.47

4.

4 M

aint

enan

ce H

elpe

r

$18.

97

$19.

34

$19.

72

$20.

11

$20.

47

4.5

Util

ity W

orke

r 4 -i

n- tr

aini

ng

$18.

97

$19.

34

$19.

72

$20.

11

$20.

47

4.5a

U

tility

Wor

ker 4

$19.

47

$19.

84

$20.

22

$20.

61

$20.

975

5.1

Lead

Han

d

$20.

53

$20.

89

$21.

28

$21.

67

$22.

046

6.1

Mai

nten

ance

Mec

hani

c B

$2

4.22

$2

4.44

$2

4.57

$2

4.75

6.2

Mai

nten

ance

Ele

ctric

ian

B

$24.

22

$24.

44

$24.

57

$24.

75

6.

3 M

aint

enan

ce A

utom

atio

n Te

chni

cian

B

$2

4.22

$2

4.44

$2

4.57

$2

4.75

7

7.1

Mai

nten

ance

Mec

hani

c A

$2

8.12

$2

8.41

$2

8.57

$2

8.76

7.2

Mai

nten

ance

Ele

ctric

ian

A

$28.

12

$28.

41

$28.

57

$28.

76

7.3

Mai

nten

ance

Aut

omat

ion

Tech

nici

an A

$28.

12

$28.

41

$28.

57

$28.

76

42

APP

EN

DIX

B

Eff

ectiv

e D

ate

- May

1, 2

015

Lab

our

Cod

es a

nd J

ob C

lass

ifica

tion

Job

Cla

ssifi

catio

n

New

3m

6m

9m

12

m2

2.1

Stud

ent (

May

-Sep

tem

ber o

nly)

90%

of e

ntry

leve

l to

whi

ch jo

b cl

assi

ficat

ion

stud

ent i

s wor

king

3 3.

2 C

lean

and

Tes

t

$19.

14

$19.

45

$19.

74

$20.

01

$20.

29

3.3

Line

r/Dia

phra

gm &

Ass

embl

y Pr

ess O

pera

tor

$19.

14

$19.

45

$19.

74

$20.

01

$20.

29

3.4

Ass

embl

er/In

spec

tor/P

acka

ger

$19.

14

$19.

45

$19.

74

$20.

01

$20.

29

3.9

Res

ista

nce

Wel

der O

pera

tor

$19.

14

$19.

45

$19.

74

$20.

01

$20.

29

3.12

M

ater

ial H

andl

er S

hipp

er/R

ecei

ver

$1

9.39

$1

9.70

$1

9.99

$2

0.26

$2

0.54

3.

14

Util

ity W

orke

r 3 -i

n- tr

aini

ng

$19.

14

$19.

45

$19.

74

$20.

01

$20.

29

3.1

4a

Util

ity W

orke

r 3

$1

9.64

$1

9.95

$2

0.24

$2

0.51

$2

0.79

4 4.

2 D

raw

Pre

ss O

pera

tor

$1

9.37

$1

9.74

$2

0.12

$2

0.51

$2

0.87

4.

3 G

ener

al W

elde

r

$19.

37

$19.

74

$20.

12

$20.

51

$20.

87

4.4

Mai

nten

ance

Hel

per

$1

9.37

$1

9.74

$2

0.12

$2

0.51

$2

0.87

4.

5 U

tility

Wor

ker 4

-in-

trai

ning

$1

9.37

$1

9.74

$2

0.12

$2

0.51

$2

0.87

4.

5a

Util

ity W

orke

r

$19.

87

$20.

24

$20.

62

$21.

01

$21.

375

5.1

Lead

Han

d

$20.

93

$21.

29

$21.

68

$22.

07

$22.

446

6.1

Mai

nten

ance

Mec

hani

c B

$2

4.62

$2

4.84

$2

4.97

$2

5.15

6.2

Mai

nten

ance

Ele

ctric

ian

B

$24.

62

$24.

84

$24.

97

$25.

15

6.

3 M

aint

enan

ce A

utom

atio

n Te

chni

cian

B

$2

4.62

$2

4.84

$2

4.97

$2

5.15

7

7.1

Mai

nten

ance

Mec

hani

c A

$2

8.52

$2

8.81

$2

8.97

$2

9.16

7.2

Mai

nten

ance

Ele

ctric

ian

A

$28.

52

$28.

81

$28.

97

$29.

16

7.

3 M

aint

enan

ce A

utom

atio

n Te

chni

cian

A

$2

8.52

$2

8.81

$2

8.97

$2

9.16

43

APP

EN

DIX

c

Eff

ectiv

e D

ate

- May

1, 2

016

Lab

our

Cod

es a

nd J

ob C

lass

ifica

tion

Job

Cla

ssifi

catio

n

New

3m

6m

9m

12

m2

2.1

Stud

ent (

May

-Sep

tem

ber o

nly)

90%

of e

ntry

leve

l to

whi

ch jo

b cl

assi

ficat

ion

stud

ent i

s wor

king

3 3.

2 C

lean

and

Tes

t

$19.

49

$19.

80

$20.

09

$20.

36

$20.

64

3.3

Line

r/Dia

phra

gm &

Ass

embl

y Pr

ess O

pera

tor

$19.

49

$19.

80

$20.

09

$20.

36

$20.

64

3.4

Ass

embl

er/In

spec

tor/P

acka

ger

$19.

49

$19.

80

$20.

09

$20.

36

$20.

64

3.9

Res

ista

nce

Wel

der O

pera

tor

$19.

49

$19.

80

$20.

09

$20.

36

$20.

64

3.12

M

ater

ial H

andl

er S

hipp

er/R

ecei

ver

$1

9.74

$2

0.05

$2

0.34

$2

0.61

$2

0.89

3.

14

Util

ity W

orke

r 3 -i

n- tr

aini

ng

$19.

49

$19.

80

$20.

09

$20.

36

$20.

64

3.1

4a

Util

ity W

orke

r 3

$1

9.99

$2

0.30

$2

0.59

$2

0.86

$2

1.14

4 4.

2 D

raw

Pre

ss O

pera

tor

$1

9.72

$2

0.09

$2

0.47

$2

0.86

$2

1.22

4.

3 G

ener

al W

elde

r

$19.

72

$20.

09

$20.

47

$20.

86

$21.

22

4.4

Mai

nten

ance

Hel

per

$1

9.72

$2

0.09

$2

0.47

$2

0.86

$2

1.22

4.

5 U

tility

Wor

ker 4

-in-

trai

ning

$1

9.72

$2

0.09

$2

0.47

$2

0.86

$2

1.22

4.

5a

Util

ity W

orke

r 4

$2

0.22

$2

0.59

$2

0.97

$2

1.36

$2

1.72

5 5.

1 Le

ad H

and

$2

1.28

$2

1.64

$2

2.03

$2

2.42

$2

2.79

6 6.

1 M

aint

enan

ce M

echa

nic

B

$24.

97

$25.

19

$25.

32

$25.

50

6.

2 M

aint

enan

ce E

lect

ricia

n B

$2

4.97

$2

5.19

$2

5.32

$2

5.50

6.3

Mai

nten

ance

Aut

omat

ion

Tech

nici

an B

$24.

97

$25.

19

$25.

32

$25.

50

7 7.

1 M

aint

enan

ce M

echa

nic

A

$28.

87

$29.

16

$29.

32

$29.

51

7.

2 M

aint

enan

ce E

lect

ricia

n A

$2

8.87

$2

9.16

$2

9.32

$2

9.51

7.3

Mai

nten

ance

Aut

omat

ion

Tech

nici

an A

$28.

87

$29.

16

$29.

32

$29.

51

44

APPENDIX D

WORK REFUSAL PROcEDURE PURPOSE:

To provide a procedure in the event an employee refuses to work due to unsafe working conditions.

Scope:

This procedure will cover all hourly and salary employees. Procedure:

A worker may refuse to work or do particular work where he or she has reason to believe that,

(a) Any equipment, machine, device, or thing the worker is to use or operate is likely to endanger himself, herself, or another worker.

(b) The physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself.

or

(c) Any equipment, machine, device or thing he or she is to use or operate or the physical condition of the work-place or the part thereof in which he or she works or is to work is in contravention of the Act of the regulations and such contravention is likely to endanger himself, herself or another worker.

Once an employee refuses to work based on the above cir-cumstances he/she must:

45

1. Promptly report the circumstances to the employer or supervisor.

2. The supervisor shall investigate the report in the pres-ence of the worker and in the presence of committee mem-ber who represents the worker and the company safety representative. Preferably the Certified Safety Represent-atives.

3. The supervisor or employer my assign the refused work to another person. No worker may be assigned to the refused work without first being informed that a refusal is in progress and of the reason for refusal. The supervisor or employer must give this advice in the presence of the worker and worker representative who, if possible, is a certified member.

4. The supervisor or employer will take whatever steps that are required to remove the danger and advise that worker that the problem has been corrected and it is safe to return to work.

5. If, after the supervisor’s or employer’s investigation, the worker continues to refuse, the employer or the worker shall cause an inspector to be notified thereof.

6. The inspector shall investigate the refusal to work in the presence of the employer, worker and committee mem-bers. Following the investigation the inspector shall decide whether the machine, device, thing or the workplace or part thereof is likely to endanger the worker or another person.

7. The inspector shall give his or her decision in writing as soon as practicable, to the employer and worker. Pend-

46

ing the investigation and decision of the inspector the worker shall remain at a safe place of assign the worker reasonable alternative work or give other directions. No worker shall be assigned to use or operate the equipment, machine, device, or thing or work in the workplace or in the part of the workplace being investigated unless the worker has been advised of the other worker’s refusal and of his or her reasons for the refusal.

The supervisor or individual whom the refusal was reported to must complete a Work Refusal form provid-ing as much information as possible about the incident. These completed forms will be kept on file and any orders by the Ministry of Labour for the specific refusal will also be attached.