Collective Agreement Between Albea Canada Inc ... - Ontario.ca
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Transcript of Collective Agreement Between Albea Canada Inc ... - Ontario.ca
1
Collective
Agreement
Between
Albea Canada Inc.
And the
Graphic Communications Conference
of the
International Brotherhood of Teamsters
(GCC/IBT), Local 100-M
Effective: December 11, 2016 to October 31, 2017
2
Index Section ………………………………………………………………………………………………. Page
Purpose....................................................................................................................................................... 5
Recognition ................................................................................................................................................ 5 Union Security ........................................................................................................................................... 5 Voluntary Check-off ................................................................................................................................. 5
Management Rights .................................................................................................................................. 5 Work Performed By Non-Bargaining Unit Employees ......................................................................... 6 New Equipment and New Rates .............................................................................................................. 6 Leave-of-Absence ...................................................................................................................................... 6 Strikes and Lockouts ................................................................................................................................ 6
Grievance Procedure ................................................................................................................................ 6 First Stage .............................................................................................................................................. 7 Second Stage .......................................................................................................................................... 7 Third Stage ............................................................................................................................................ 7 Fourth Stage .......................................................................................................................................... 7
Arbitration ................................................................................................................................................. 7
Discipline and Discharge Cases ............................................................................................................... 8 Company Grievances ................................................................................................................................ 8 Plant Committee........................................................................................................................................ 8
Seniority ..................................................................................................................................................... 9 Supplementary Agreements ................................................................................................................... 11
Union Meetings and Bulletin Board ...................................................................................................... 11 No Discrimination ................................................................................................................................... 11 Safety Shoe Allowance ............................................................................................................................ 12
Wages ....................................................................................................................................................... 12 Wage Rates and Classifications ......................................................................................................... 15
Wage Rates and Classifications ......................................................................................................... 16
Section 21 ............................................................................................................................................. 17
Working Conditions and Hours of Work ............................................................................................. 17 SIX-DAY WORK SCHEDULE ......................................................................................................... 17
Administrative Procedures ............................................................................................................ 18 Hours of Work – 5/2 Work Schedule ................................................................................................ 19 Hours of Work – 2/2/3 Schedule (Continuous Operation) .............................................................. 20 Overtime Provisions: .......................................................................................................................... 21
Overtime 5/2 Schedule .................................................................................................................... 21 Overtime 2/2/3 Schedule (Continuous Operation) ....................................................................... 21
Reporting Time ................................................................................................................................... 22 Call Time.............................................................................................................................................. 22 Overtime – All Schedules ................................................................................................................... 22
Funeral Leave ...................................................................................................................................... 22
Jury Duty ............................................................................................................................................. 23
Rest Periods ......................................................................................................................................... 23 Temporary Transfers ......................................................................................................................... 23 Shift Transfers ..................................................................................................................................... 24
Vacations .................................................................................................................................................. 24 Plant Holidays ......................................................................................................................................... 26 Apprentice Training Plan ...................................................................................................................... 27 Plant Rules ............................................................................................................................................... 30 Severance Pay .......................................................................................................................................... 31
3
Duration of Agreement ........................................................................................................................... 31 A. UNSCHEDULED OVERTIME ....................................................................................................... 42
B. SCHEDULED OVERTIME ............................................................................................................. 42
Benefits ..................................................................................................................................................... 49
Pension Plan ............................................................................................................................................ 64 Group RRSP ............................................................................................................................................ 65
4
Collective
Agreement
Between
Albea Canada Inc.
And the
Graphic Communications Conference
of the
International Brotherhood of Teamsters
(GCC/IBT), Local 100-M
Effective: December 11, 2016 to October 31, 2017
5
Section 1
Purpose
The general purpose of this Agreement is in the mutual interest of the employer and the employee to
provide for the operation of the plant under methods which will further to the fullest extent possible the
safety and welfare of the employees, including hours, wages and other conditions of employment,
economy of operations, quality and quantity of output, cleanliness of plant and protection of property.
This Agreement represents the full and complete Agreement between the parties and it is understood and
agreed that any subject matter not referred to in this Agreement shall not be open for negotiations during
the term of the Agreement except as the parties mutually agree.
Whenever used in the Agreement the masculine pronoun shall be deemed to include the feminine.
Section 2
Recognition
The company agrees to recognize the Union as the sole representative for all employees of Albea
Canada Inc. located in Brampton, Ontario save and except supervisor, persons above the rank of
supervisor, guards, engineers, office staff, sales staff and temporary or probationary employees.
Section 3
Union Security
It is agreed that all current employees shall, as condition of continued employment, maintain Union
membership sixty (60) working days after the effective date of this Agreement, provided that only
permanent bargaining unit employees as defined in this Contract shall be eligible for Union
membership. All new employees shall join the Union upon clearance into permanent status as outlined
elsewhere in this Contract.
Section 4
Voluntary Check-off
The Company voluntarily agrees to deduct Union dues once each month from the pay cheque of all
members who have voluntarily signed check-off cards. If a member is absent at the time of deduction,
that month’s dues would automatically be deducted along with the next month’s dues, thereby keeping
that member is continuous good standing. The Company will remit the money thus collected to the
Treasurer of the Union prior to the fifteenth (15th) day of the month in which the deduction is made. The
Company will also deduct Union initiation fees when presented with proper authorization signed by the
employee(s).
Section 5
Management Rights
It is agreed that the Company possesses all the rights, powers, privileges or authority that it had prior to
the signing of this Agreement, except such as are specifically relinquished or modified herein, and such
rights, powers, privileges, or authority shall not be exercised in a manner inconsistent with the
provisions of this Agreement.
6
Section 6
Work Performed By Non-Bargaining Unit Employees
Employees of the Company whose regular jobs and classifications are excluded from the bargaining unit
covered by this Agreement shall not perform work on hourly rated jobs, emergencies excepted, where
the effect is to displace a regular bargaining unit employee. It is understood that non-bargaining unit
employees, will perform occasional work and that in addition work performed in the following
circumstances shall be part of their regular duties.
In line with or in the course of his supervisory duties including the training and instruction of employees
on new or changed operations; to assure proper standards of work and job performance; to protect the
safety of employees and equipment; to overcome production or operational difficulties or troubles; and
to avoid temporary interruption of continuous operation or schedules.
Section 7
New Equipment and New Rates
It is agreed that when additional equipment or machinery is installed or major modification is made to
existing equipment or machinery and in operation, the Management and the Union Committee will meet
not later than two (2) months after such installation and by mutual agreement give new equipment or
machine a rate classification in line with the classification as set forth in the list of Wage Rates and
Classifications attached hereto of this Agreement. Rate will become effective from the end of the month
following the date of mutual agreement.
Section 8
Leave-of-Absence
The Company may grant leave-of-absence to any employee for legitimate personal reasons and any
person who is absent with written permission shall not be considered to be laid off and his seniority shall
continue to accumulate during this absence up to a period of six (6) months. A copy of an approved
leave-of-absence shall be provided to the local Chairperson.
Section 9
Strikes and Lockouts
The Union and the Company agree no strikes, walkouts, or lockouts shall occur during the life of this
Agreement but the Union reserves the right to refuse to execute any struck work received from any other
employer whose employees belong to or are affiliated with the parent Union, except that materials and
supplies belonging to the Company which are on the premises of the struck employer can be moved at
the Company’s discretion without interference by the Union.
Section 10
Grievance Procedure
A grievance is defined as being a complaint by an employee or group of employees arising from the
interpretation application, administration or alleged violations of this Agreement. Such a complaint
shall be processed as a grievance under this procedure only if the action outlined in the first step is taken
by the employee or employees within five (5) days after the alleged circumstances originated or
occurred or were discovered providing such discovery does not go beyond a thirty (30) day period.
Earnest efforts shall be made to adjust such grievance as quickly as possible through the successive steps
listed below:
7
First Stage The First Stage shall be between the employee and his shift supervisor. The Department Steward may
be present at this meeting if the employee so desires. The decision of the shift supervisor shall be made
within three (3) days and if such decision is not considered satisfactory by the employee then, with two
(2) working days of its receipt:
Second Stage The grievance of the employee shall be reduced to writing on a standard form supplied by the Union and
signed by the employee concerned and will be given to the Plant Manager/designee. Such grievance
will be discussed at a meeting, to be held with ten (10) working days after receipt by the Plant
Manager/designee, with the Plant Committee. The Plant Manager/designee shall render a written
decision within ten (10) working days after the Second Stage meeting or at the Labour/Management
meeting, whichever occurs first.
Third Stage If the Plant Manager’s answer does not dispose of the grievance, the Union shall, within five (5)
working days of receipt of that answer notify the Company, of the desire to appeal the grievance to the
third step of the grievance procedure. The Company shall meet with the Business Agent and the Plant
Committee within fifteen (15) working days and shall give the Union written answer to the grievance
with five (5) working days of the meeting.
Fourth Stage If the Company’s answer does not dispose of the grievance, then any grievance arising out of the
interpretation, application, administration or alleged violation of this Agreement may be referred to
Arbitration at the request of either party. If the Union does not give notice of intent to arbitration within
ten (10) working days after written receipt of the last answer of the Company, that last answer of the
Company will be final and binding on both parties.
Policy Grievance The Plant Chairman may file a policy grievance at the Second Stage of the Grievance Procedure.
A policy grievance is defined as one, which alleges a misinterpretation of violation of a provision of this
Collective Agreement and which could not otherwise be resolved at lower stages of the Grievance
Procedure, because of the nature or scope of the subject matter of the grievance.
Section 11
Arbitration
1. The party desiring to submit a matter to Arbitration, shall deliver to the other party a Notice of
Intention to Arbitrate. Notices to the Company shall be addressed to Labour Relations with a
copy going to the Plant Manager and notices to the Union shall be addressed to the offices of
Local 100-M. This Notice shall state the matter at issue in concise terms and shall state in what
respect the Agreement has been violated or misinterpreted by reference to the specific clause or
clauses relied upon. The Notice shall also stipulate the nature of relief or remedy sought.
2. It is agreed that disputes which are carried to the Arbitration Stage shall be heard before a single
Arbitrator. The Company and the Union will agree upon a single Arbitrator. Should the parties
fail to agree, the Minister of Labour will be asked to appoint an Arbitrator.
8
3. Powers of the Arbitrator – The Arbitrator shall not have the power to add to, subtract from, alter,
or amend this Agreement.
4. Expenses and Award of Arbitrator – The decision of the Arbitrator shall be final and binding on
both parties and his fees and expenses shall be shared equally between the parties.
5. The time limits specified herein shall be deemed to be exclusive of Saturdays, Sundays and Plant
Holidays, and may be extended by mutual consent of the parties concerned.
Section 12
Discipline and Discharge Cases
1. Where an employee is to be given a written disciplinary warning or suspension, the employee
shall be afforded Union representation.
Copies of disciplinary write-ups will be provided to the employee involved in the action and the
Plant Committee Chairperson.
The Company will not rely on any disciplinary write-up after two (2) years from date of
occurrence, unless the infraction involved a suspension of five (5) days or more.
2. A claim by an employee that has been discharged without proper cause shall be treated as a
grievance and shall be lodged in writing with the Plant Committee and the Company within three
(3) working days after the employee ceases to work with the Company. The grievance shall
thereupon be processed commencing with the meeting provided for in the Second Stage of the
Grievance Procedure. If the employee’s claim is found to be justified, he shall be reinstated in
his employment, with full compensation for the time lost at regular rates and without loss of
seniority rights; or, with such less compensation as may appear just and equitable to the
conferring parties, or the Arbitrator.
Section 13
Company Grievances
If the company has a grievance it shall be taken up with the Plant Committee and if not settled
satisfactorily the grievance shall proceed to Arbitration under Section 11.
Section 14
Plant Committee
The Company acknowledges the right of the Union to appoint or otherwise elect a Plant Committee of
not more than two (2) employees and will recognize and deal with the said Committee with respect to
any matters which properly arise from time to time during the life of the Agreement. The Union may
appoint a third person to act as a Steward who will not be part of the Plant Committee or Negotiating
Committee. The Company and the Union agree that members of the Plant Committee must have one
year’s service with the Company. It is clearly understood that the two (2) members of the Plant
Committee shall constitute the Negotiating Committee and the Union agrees to supply the Company
with the names of the Plant Committee, the Steward and the Negotiating Committee. The Union and the
Company acknowledge that members of the Plant Committee and the Steward have regular duties to
perform in their employment and that such persons will not leave their regular duties without first
obtaining permission by their supervisor. This permission shall not be unreasonably with held by their
9
Supervisor. Members of the Plant Committee will not lose pay from time spent during the Committee
Members’ regular scheduled working hours while attending grievance meetings with Management
Representatives.
Section 15
Seniority
1. Every new employee shall be a probationary employee and shall not attain seniority status until
he has served in a Union jurisdiction job for seven hundred and twenty (720) work hours. Any
employee laid off prior to completing his full seven hundred and twenty (720) work hour
probationary period, shall, provided he is recalled within two calendar months from date of lay-
off, accumulate such hours worked prior to his lay-off towards completion of his probationary
period. Upon completion of the seven hundred and twenty (720) work hours, the employee will
be deemed eligible for permanent status and Union membership. Upon the attainment of
seniority, the employee’s seniority rating will be calculated from the date of employment or
reemployment period.
Any person hired as a temporary employee shall not be covered by this contract, shall not be eligible for
Union membership and shall not be represented by the Union. Temporary employees will not be
retained to perform bargaining unit work while regular employees are on lay-off, provided the regular
employees are available and have the ability and experience to perform the required work.
Temporary employees shall be used to replace regular employees who are absent due to vacation, illness
or injuries, leaves of absence and to fill temporary work surges. , when these vacancies cannot be filled
by overtime from available, eligible employees within the classification and in the department where the
vacancies occur.
Use of temporary employees shall be for limited duration, not to exceed fifteen (15) shifts of work per
month. This time limit may be extended by mutual agreement. Such agreement shall not be
unreasonably withheld.
Use of temporary employees to replace an absent employee shall be limited to the duration of the
permanent employee’s absence. Where the Company knows that the absence will extend for at least a
year, the Company will hire a new employee to replace the absent employee. If not required, the new
employee hired will be laid off once the absent employee returns to work.
For work surges and temporary additional manpower requirements, each temporary employee engaged
shall be limited to fifteen (15) shifts of work per month. This time limit may be extended by mutual
agreement and such agreement shall not be unreasonably withheld.
The Company will remit monthly Union dues of $40.00 to the Union on behalf of a temporary employee
once that employee has completed 80 hours worked in that month.
The foregoing shall not be used to avoid filling permanent vacancies.
2. Subject to the grievance procedure, an employee’s seniority shall be broken and his employment
shall be deemed to be automatically terminated when he:
a. Quits.
b. Is discharged for proper cause.
c. fails to: 1) signify his intention to return to work within three (3) work days after being
10
recalled and/or 2) return to work within five (5) work days after being recalled (unless he
gives a satisfactory reason for not returning).
d. Is absent for three (3) working days without notifying the Company and/or without
giving a satisfactory explanation for not reporting.
e. Is laid off for lack of work for a period of more than twelve (12) months.
f. Fails to report to work following expiration of an authorized leave of absence.
3. A job vacancy occurring in bargaining unit jobs shall be posted on the plant bulletin board for a
period of seventy-two (72) hours, (Saturday, Sunday, and Plant Holidays excluded). Such
posting shall be job specific (i.e. Department and Job). Any employee wishing to be considered
for assignment shall signify his intention by signing the job posting. Downward posting will not
be permitted without management approval. Job vacancies will be filled first within the
department where the vacancy exists. Selection will be made in accordance with Paragraph 4 of
this section 15.
a. The successful applicant on a job posting will not be allowed to bid on another job
posting for a period of six (6) months, unless given permission by management.
b. An employee who participates in a Company-sponsored training program will not be
allowed to bid on another job posting during the training period, or after 24 months which
ever occurs first.
c. Within five (5) working days after a vacancy is filled, the Company will provide the
Union Shop Committee person with a copy of the bid.
d. Successful applicants will be notified within five (5) working days of the removal of the
posting notice from the bulletin board.
e. An employee who is chosen to fill a job vacancy under this provision and who, within
720 hours of work, may not satisfactorily perform the job, or is not satisfied with the job,
will be returned to his former job.
4. Promotions, transfers, demotions, lay-offs and recalls from lay-off, shall be made on the basis of
seniority as between all individual employees where, in the judgment of management, the
qualifications of such employees, including ability and experience are equal. The Plant
Committee shall be informed by Management of any changes in the status of Union Members
and shall be given the opportunity to present its views on the changes. In any case, however,
conclusions regarding the relative abilities of employees shall rest with the Company, subject to
the provisions of the grievance procedure of this Agreement.
In applying the provisions of this paragraph 4, an employee permanently displaced from his/her
job as a result of technological change or the disappearance of a job, will be eligible to have a
maximum thirty (30) calendar day training period in order to be qualified to fill a position.
5. The Company will communicate with employees at the address left with the Plant
Manager/designee. When the Company is unable to contact the employee, the Company will
send a registered letter to the employee’s last known address. This shall be deemed sufficient
notification. In the event of failure of any communication to reach an employee because of the
fact that the employee has changed his address and failed to advise the Company, the
11
responsibility will be the employee’s and the Company will consider that the employee is no
longer interested and his name shall be removed from the seniority list.
6. Application of seniority shall be plant-wide.
7. A plant seniority list, including rates of pay, shall be prepared by the Company and a copy given
to the Plant Committee Chairman quarterly.
8. The Company will notify the Union and the affected employee of any scheduled lay-off two (2)
full shifts of the employee affected prior to the lay-off becoming effective.
9. Employees covered by this Agreement who are transferred to positions beyond the scope of this
Agreement, and later return to positions within the scope of this Agreement, shall retain the
seniority previously acquired as of the date of transfer out of the bargaining unit, provided the
return to the bargaining unit takes place within twelve (12) months of the date of transfer.
10. During their terms of office, members of the Plant Committee shall be considered as having
leading seniority in their respective departments for the sole purpose of considering length of
continued service in connection with layoffs, in accordance with part 4 of this Seniority Section.
11. Whenever the Company decides to add a lead hand or fill a lead hand vacancy, the Company will
solicit volunteers from all bargaining unit employees. Before making its final decision as to who
shall be the successful nominee, the Company will discuss the applicants who apply with the
local Union.
Section 16
Supplementary Agreements
To Be Reduced To Writing
During the life of this Agreement, any agreement reached by the Management and the Union, on a
matter which may arise and is not already covered by this Agreement will be put in writing and
approved by both parties. This Agreement and any such other agreements signed and approved by both
parties after ratification of this Agreement shall constitute the entire agreement between the parties.
It is agreed that, as of the date of the renewal of this Agreement, there are no such supplementary
agreements which exist outside of the Agreement.
Section 17
Union Meetings and Bulletin Board
No Union meeting or activities of any kind shall be held during working hours, unless authorized by
Management. The Union shall have the use of the bulletin board for the posting of Union
announcements and notices.
Section 18
No Discrimination
The Company recognizes and will not interfere with the right of its employees to become members of
the Union and agrees that there shall be no discrimination, interference, restraint, or coercion by the
Company, or any of its agents against any employee because of membership or activity in the Union, or
12
against any employee who may represent other employees in the discharge of his duties as a member of
the Union Committee. The Union agrees that there will be no discrimination, or intimidation,
interference, restraint or coercion exercised upon employees of the Company by any of its employees or
representatives and there will be no Union activity or solicitations for membership on Company time.
Section 19
Safety Shoe Allowance
The maximum safety shoe allowance for CSA approved safety footwear shall be $145.00.
Section 20
Wages
1. Wage rates shall be paid in accordance with the following wage tables. Progress through the
progression steps is predicated upon satisfactory performance at each step. If an employee’s
progression is to be withheld, local Management will meet with the employee to discuss the
reason(s) for withholding the progression.
2. An employee promoted to another grade will transfer over to the step in that grade nearest to the
rate he was receiving but which will provide an increase. Such employee will remain in that step
for a six (6) month period.
3. An employee having been promoted to a higher grade subsequently returning to a lower grade
will return at the step in the lower grade to which he has progressed, with recognition for time
spent in the higher grade.
4. Employees who are reassigned during the course of the week to a job rated lower than that to
which they were assigned on the first work day of the week, because of unanticipated schedule
change will have their rates continued for the balance of that week only, or a minimum of two
(2) days from the date of being assigned, except for weekend and holiday overtime purposes, at
which time they will be paid the rate of the job performed.
5. A lead hand, when assigned, will receive a minimum of one dollar ($1.00) above his rate or the
highest rate he leads or directs whichever is higher.
6. Variable Compensation
There will be a variable compensation program in place for permanent employees commencing
with the first full calendar quarter following ratification of the collective agreement. It s
understood that no aspect of the variable compensation program shall be made the subject of a
grievance since such disagreements between the parties do not represent a difference between the
parties for purposes of the Labour Relations Act.
Both the payouts and the targets to be achieved under the Program will be done on a quarterly
basis. The quarters shall end each calendar year on March 31st, June 30th, September 30th, and
December 31st.
Each target is measured on its own for purposes of achievement for the payout for that target.
Payouts will be made shortly after the end of each quarter. An employee who records more than
three (3) points in a quarter under the Company’s Attendance Policy or who does not work at
13
least 50% of the shifts worked in the quarter will not be eligible to receive any payouts for that
quarter under the Program.
The targets and payout values will be as follows:
Performance
Indicator
Quarterly Target Criteria Value
1. Safety No lost time accidents(1)
No recordable cases(2)
$50
2. Quality No more than two serious* quality complaints. The
Company will not knowingly ship off-spec product
to a customer.
*serious complaints involve product return or
financial compensation granted to the customer.
$50
3. Lamination
REE
75% or greater (average over the quarter) $50
4. Start-ups All Laminator cold start-ups in the quarter average
less than 7 hours with the exception of trials and
machine breakdowns on start-ups unless such
breakdown is caused by employee error or failure to
perform required maintenance or service.
$50
(1) A lost time accident is an injury at work which causes an employee to miss his next scheduled work day
following the date of the injury, as a result of the severity of the injury. (2) A recordable case is any workplace accident which requires the employee to seek external
medical treatment.
14
7. Shift Premium
Effective January 1, 2013, add the following:
Afternoon Shift - 20 cents per hour worked on the scheduled shift for any
shift commencing after 11:00 a.m.
Night Shift - 35 cents per hour worked on the scheduled shift for any
shift commencing after 7:00 p.m.
15
Wage Rates and Classifications
Employees Hired Prior to November 1, 2004
1-Nov-16
CATEGORY I:
(Laminator Ops)
$28.70
CATEGORY II:
(ITOs, Shipper/Receiver))
$25.50
Machinist: $30.71
Electronic Tech.: $33.64
Employees Hired After November 1, 2004
Maintenance
Department
Electronic Technicians
1-Nov-16
Electricians
1-Nov-16
Millwrights/
Machinists
1-Nov-16
Start $28.41 $26.04 $26.04
2 $28.77 $26.42 $26.42
3 $29.19 $26.83 $26.83
4 $29.58 $27.21 $27.21
5 $29.97 $27.60 $27.60
6 $30.36 $28.00 $28.00
Top $30.76 $28.41 $28.41
Web
Lamination
Department
Laminator
1-Nov-16
Slitter Operator
1-Nov-16
Start $21.30 $21.30
2 $22.40 $22.40
3 $23.49 $23.49
4 $24.58 $24.58
5 $25.68 $25.68
6 $26.77 $26.77
Top $27.89 $27.89
Warehouse
Department
Shipper/Receiver
1-Nov-16
ITO
1-Nov-16
Start $21.30 $18.93
2 $21.85 $19.32
3 $22.43 $19.73
4 $22.99 $20.11
5 $23.55 $20.49
6 $24.11 $20.91
Top $24.68 $21.30
1-Nov-16
Student Rate $13.26/hour
16
Wage Rates and Classifications
For Employees Hired After December 14, 2012 into Web Lamination or the Warehouse:
Laminate/Slitter 1-Nov-2016
Start $23.00
2 23.48
3 23.96
4 24.44
5 24.92
6 26.11
Top 27.88
The Company shall be entitled to place a new employee above the START rate commensurate with his experience
and/or qualifications.
Warehouse
Shipper
1-Nov-2016
Start $17.34
2 18.56
3 19.79
4 21.01
5 22.23
6 23.46
Top 24.69
17
Section 21
Working Conditions and Hours of Work
SIX-DAY WORK SCHEDULE
The Company shall have the option of installing the Six-Day Work Schedule, as shown in the
Administrative Procedures, for the Brampton Plant or any portion thereof.
The Six Day Work Schedule provides for a combination of days worked followed by days off which
shall be known as the “Personal Work Schedule” for each employee assigned to the Six Day Work
Schedule. If an employee is scheduled to work on a scheduled day off, as appearing in the employee’s
Personal Work Schedule, he/she shall be paid at one and a half (1 ½) times their regular straight time
rate for all hours worked.
The schedule will consist of two (2), twelve (12) hour shifts. There will be four (4) crews designated as
A, B, C and D. The A and B crews will work the day shift (7:00 AM to 7:00 PM) and the C and D
crews will work the night shift (7:00 PM to 7:00 AM).
The workweek for employees assigned to this schedule will be from 7:00 AM Monday until 7:00AM the
following Monday. The workday will be from 7:00 AM to 7:00 AM the following day.
Pay – An employee that works their complete “Personal Work Schedule” in a workweek shall receive
forty (40) hours of their applicable straight time pay for thirty-six (36) hours of actual work. In the
event an employee works less than thirty-six (36) hours in a workweek they shall receive their
applicable straight time hourly rate of pay for the hours actually worked in the workweek.
Overtime – Hours worked in excess of twelve (12) in a workday or all hours worked on a scheduled
Sunday shall be paid at double the straight time hourly rate. There shall be no pyramiding of overtime.
Holiday Allowance – An unworked holiday allowance shall be calculated at twelve (12) hours of
straight time pay provided the holiday falls on scheduled day of work. If an employee is scheduled to
work on a holiday he/she will be paid double time for all hours worked in addition to the unworked
holiday allowance. Holidays that fall on an unscheduled day of work shall be calculated at eight (8)
hours of straight time pay.
Funeral Leave or Jury Duty – If the absence falls on a scheduled day of work, the allowance will be
twelve (12) hours of pay at the straight time hourly rate.
Vacation – One week of vacation shall be seven (7) consecutive calendar days commencing on Monday.
Vacation pay will be in accordance with Section 22.
Relief Periods – Employees assigned to the Six Day Work Schedule shall receive one (1), twenty (20)
minute and three (3), ten (10) minute paid relief periods.
18
Administrative Procedures
The Personal Work Schedule for employees assigned to the Six Day Work Schedule shall be as follows:
Week Shift Mon Tue Wed Thurs Fri Sat Sun
1 Day A A A B B B Off
1 Night C C C D D D Off
2 Day B B B A A A Off
2 Night D D D C C C Off
3 Day A A A B B B Off
3 Night C C C D D D Off
4 Day B B B A A A Off
4 Night D D D C C C Off
Certain classifications, or portions of classifications, may continue to be scheduled in accordance with
plant work schedules currently in effect.
An employee transferred from the Six Day Work Schedule to the 5/2 Work Schedule shall be paid in
accordance with Section 21 effective as of the date of transfer.
An employee transferred from the 5/2 Work Schedule to the Six Day Work Schedule shall be paid in
accordance with the applicable pay provisions of the Six Day Work Schedule effective as of the date of
transfer.
An employee assigned by the Company from one shift/crew to another non-aligned shift/crew shall be
given one (1) personal day off. Thereafter, the employee will join the new shift/crew on the next
scheduled workday.
For periods during which the Company discontinues the Six Day Work Schedule, the provisions of
Section 21 and other related Sections, as they currently exist, shall apply.
Shift Schedules will, in so far as practicable, be on seniority basis provided a balance of skills is
maintained between the shifts and/or crews.
The Company will give the Union as much notice as possible for implementation of the Six Day Work
Schedule, but in no event less than fourteen (14) calendar days prior to implementation.
To the extent this work schedule and its provisions are inconsistent or in conflict with any other
provisions of the Collective Agreement relating to hours of work, overtime, relief, Saturday and Sunday
pay, holiday or other benefits or procedures, this provision shall be controlling.
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Hours of Work – 5/2 Work Schedule
The basic straight time work schedule shall be a five (5) day, forty (40) hour work week, Monday
through Friday. When operating a three (3) shift department the Monday work day shall begin at the
start of the third shift on Sunday night.
It may be necessary because of production requirements to deviate from the scheduled hours of work. In
such instances the Union will be notified.
Employees engaged in a scheduled operation where one employee succeeds another in conducting the
operation, are considered shift workers. All other employees are non-shift workers.
1) Day Workers and One Shift Departments:
Five (5) days of eight (8) hours, 7:00 a.m. to 3:30 p.m.
Monday to Friday inclusive.
Lunch Period: 30 minutes unpaid.
For employees who were hired on or before October 18, 1990 a paid lunch will be provided on
any eight hour shift worked regardless of the schedule.
2) Two Shift Departments:
a. First Shift - Five (5) days of eight (8) hours, 7:00 a.m. to 3:00 p.m.,
Monday to Friday, inclusive.
b. Second Shift – Five (5) days of eight (8) hours, 3:00 p.m. to 11:00 p.m.,
Monday to Friday, inclusive.
Lunch Period: 20 minutes paid.
3) Three Shift Departments:
a. First Shift – Five (5) days of eight (8) hours, 7:00 a.m. to 3:00 p.m.,
Monday to Friday, inclusive.
b. Second Shift – Five (5) days of eight (8) hours, 3:00 p.m. to 11:00 p.m.,
Monday to Friday, inclusive.
c. Third Shift – Five (5) days of eight (8) hours, 11:00 p.m. to 7:00 a.m.,
Sunday to Thursday, inclusive.
Lunch Period: 20 minutes paid.
An employee who is scheduled to start his shift at any time outside of the periods identified in Sections
1, 2 or 3 of this Section 21 shall be paid, for all hours worked during his shift, any shift premiums
applicable to that shift which coincides with the majority of this straight time hours worked. When an
employee’s hours are equally divided between two shifts the higher shift premium will apply.
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4) Miscellaneous:
When operations dictate that a day work function is performed on the second and/or third shift in
the Maintenance Department, the employee working that second and/or third shift, will work an
eight (8) hour shift with a 20 minute paid lunch.
5) The Union acknowledges that the Company shall have the right to implement a continuous
operating schedule, in all or selected departments, in accordance with the terms outlined in the
letter of reference at the end of this Agreement.
Hours of Work – 2/2/3 Schedule (Continuous Operation)
The hours of work will be established on the basis of a continuous operation, that is, each work week
consists of seven (7) working days and there will be two (2) shifts per day of twelve (12) hours each.
Employees will be scheduled for a twenty-minute paid meal period within each twelve-hour shift.
An employee will be scheduled to work either five (5) or two (2) consecutive shifts per calendar week
and will then be entitled to two (2) or five (5) consecutive days off per calendar week as the case may
be. Such scheduling shall be carried out over a period of two (2) consecutive weeks (a work cycle) in
the manner set out immediately below:
An employee who works all the scheduled hours on his Personal Continuous Operation Schedule in a
week will receive time and one half for all hours in excess of eight hours worked up to twelve for each
of his scheduled days worked. An employee, except anyone who is at the written warning level (or
greater) under the Absenteeism Program, will continue to be eligible for “premium pay” in excess of
eight hours even though less than all scheduled hours were worked during the week.
“2/2/3 Shift Schedule”
Week Monday Tuesday Wednesday Thursday Friday Saturday Sunday
1 W W O O W W W
2 O O W W O O O
3 W W O O W W W
4 O O W W O O O
Note: “W” denotes work day, “O” denotes off day
Saturdays and Sundays are considered as regular working days under the continuous operations schedule
and as such are payable at regular rates of pay. Overtime provisions will be paid to an employee who
works on his regularly scheduled “O” days.
21
Overtime Provisions:
It is understood that the company may require employees to perform work in excess of their regularly
scheduled hours with understanding that an individual employee may be excused from working
overtime for reasons that would not be sufficient to excuse him from working during regular hours.
Overtime 5/2 Schedule
1) All work performed in excess of eight (8) hours per day Monday through Friday shall be paid for
at time and one-half of the straight time rate for the first four (4) hours and double time
thereafter.
2) All work performed on Saturday shall be paid for at time and one-half the straight time rate for
the first eight (8) hours worked and double time thereafter.
3) Double the straight time rate shall be paid for all work performed from 11:00 p.m. – Saturday to
11:00 p.m. Sunday. When operating a three (3) shift department, double the straight time rate
shall be paid for all work performed on the Sunday work day.
4) Double time plus Holiday pay when earned shall be paid for the hours worked on Holidays
recognized in this contract.
5) The rate of pay for Holiday pay purposed will be the rate of the job on which the employee
works on the day preceding or the day following the Holiday, whichever is the higher.
Overtime 2/2/3 Schedule (Continuous Operation)
1) Daily Overtime – When an employee is working on the continuous operating schedule, he shall
receive compensation at double time the regular rate for all work performed in excess of twelve
(12) hours per regularly scheduled “W” day.
2) Holidays Worked – An employee scheduled to work on a holiday shall receive double time for
all hours worked in addition to a twelve (12) hour holiday allowance.
The rate of pay for Holiday pay purposes will be the rate of the job on which the employee
works on the day preceding or the day following the Holiday, whichever is the higher.
3) Employees who are scheduled to work on their days scheduled off shall receive time and one
half for all hours worked. However, an employee who is required to work on a Sunday and it is
a day scheduled off, shall receive double time for all hours worked.
4) Employees who are not scheduled to work on a holiday will receive a holiday allowance of
twelve (12) hours.
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Reporting Time
When an employee reports to work pursuant to schedule and is sent home because no work is available,
and he has not been notified prior to his starting time not to come in, he shall receive at least one regular
shift’s pay or one regular shift’s work at the rate of his regular job, provided:
1) That it is agreed that no reporting time payments is not available because of fires, floods,
disasters, will be due where work power failure or any other causes over which Management has
no control.
Call Time
1) Call time is defined as two (2) hours pay at straight time rate of the job which the employee is
called in to perform.
2) An employee called in to work after having completed his regular shift or day schedule shall be
paid four (4) hours pay at straight time rate of the job for which the employee is called in; plus
the hours worked at the appropriate rate.
3) An employee called in to perform work prior to the start of his scheduled shift or day work will
not be eligible for Call Time Penalty Pay if he continues to work into his next scheduled shift or
day work.
Overtime – All Schedules
If an employee incurs a demerit point under the Company’s Attendance policy and if in the same week
he works overtime hours, then notwithstanding any other provision in this collective agreement, he shall
not be paid overtime or premium pay unless either he works his full regularly scheduled hours for that
week or until he works the equivalent of his full regularly scheduled hours for that week.
Funeral Leave
1) Employees who have attained permanent status with the Company who are required to be absent
from work because of death in their immediate family will be reimbursed for necessary lost time
at their straight time rate when arranging for and attending the funeral provided however, that
reimbursement will be limited to that period of time beginning with the day of death and ending
with the day of the funeral, and not to exceed three (3) scheduled work days, eight (8) hours per
day.
Employees who have attained permanent status with the Company who are required to be absent
from work because of death to their spouse or child will be reimbursed for necessary lost time at
their straight time rate when arranging for and attending the funeral provided however, that
reimbursement will be limited to that period of time beginning with the day of death, and will not
exceed five (5) scheduled work days, based on his scheduled shift hours.
2) In the event the employee is unable to attend the funeral of an immediate relative, as defined
below, he shall be granted a one-day leave of absence (compassionate leave), and pay (at regular
straight time basic rate) on the day of the funeral or memorial service provided the funeral or
memorial service occurs on a day which the employee is regularly scheduled to work.
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3) Immediate family, for the purpose of this paragraph, is defined as including the following only:
the employee’s mother, father, brother, sister, grandparents, mother-in-law, father-in-law,
brother-in-law and sister-in-law.
Jury Duty
A permanent employee required to serve as a jury member or crown witness will be compensated for the
difference between jury or witness fees received and the amount of straight-time earnings he would have
received had he not lost time. Compensation under this Article will be limited to a maximum of his
scheduled shift hours a day. The employee will present proof of service and the amount of pay received.
An employee scheduled for jury or crown witness duty only a portion of the day will be expected to
work as scheduled the rest of the day when practical.
Rest Periods
5/2 Schedule All employees will be given two ten-minute rest periods, one in the first half and one in
the second half of the employee’s scheduled shift, to be scheduled by Management in such a way as not
to interfere with production.
6 Day 12 Hour Schedule Employees scheduled to work on this schedule shall be entitled to three (3)
ten-minute rest periods, in addition to one twenty minute meal period.
Temporary Transfers
It is recognized by the parties to this Agreement that changes in operations may require shifting of
employees for temporary periods to other than their regular jobs. To assure uniformity in pay when any
of these changes occur, the following procedures will be followed:
1) Whenever an employee is moved from his regular job to a higher rated job, he shall receive the
higher rate. This higher rate does not apply when employees are reassigned to higher rated jobs
for periods not in excess of one (1) hour to replace employees for reasons such as tardiness,
breaks or lunch periods, or meetings.
2) Whenever during his regular shift an employee is required or ordered to move from his regular
job to a lower rated job, he shall continue to receive the higher rate of the job on which he started
the shift for the balance of that shift.
3) When an employee, at the request of the Company accepts temporary work in a lower rated job,
either before or after his regular shift or on his “day off” in order to fill a vacancy or perform
extra work, he will receive the regular rate of the job assigned.
4) When an employee, at his own request and for his own convenience, is temporarily assigned
extra work before or after his regular shift or on his “day off”, he is to receive the job rate of the
work assigned.
24
Shift Transfers
1) When it is necessary to change an employee’s shift, the Company will give the affected
employee three (3) calendar days notice of the change. This will not apply in cases where the
shift change is due to unforeseen circumstances.
2) 2/2/3 Schedule (Continuous Operation) – An employee assigned by the Company from one shift
to another non-aligned shift shall be given the option of having one (1) or two (2) personal day(s)
off. Thereafter, the employee will join the new shift on the next scheduled work day.
Section 22
Vacations
1) Employees will become eligible for Vacation upon completion of the following periods of
continuous employment:
One (1) year ………………….. Two (2) weeks
Five (5) years ………………… Three (3) weeks
Thirteen (13) years …………… Four (4) weeks
Twenty (20) years ……………. Five (5) weeks
Thirty (30) years ……………... Six (6) weeks
2) Operating requirements will control in respect of the scheduling of Vacations.
3) Vacation time must be taken and is not cumulative from year to year.
4) a) An employee’s vacation pay for each week for which he is eligible shall be based on two
percent (2%) of his total income in the calendar year ending on the previous December
31st, except as provided below.
b) In the year in which an employee becomes entitled to a third, fourth, fifth, or sixth week
of vacation, his vacation pay for that additional week will be computed as the average of
his straight-time hourly rate earned over the preceding four payroll weeks prior to the
processing of vacation pay, preceding his taking such additional week of vacation.
5) The third, fourth, fifth, and sixth week of vacation will be taken at a time mutually agreed upon
by the employee and the Company.
1. a) All employees shall be allowed to schedule two (2) weeks in the “prime time”
period defined as the last two weeks of June through to Labour Day.
b) Employees must make their scheduling preferences known to the Company by
February 15th of each year and a finalized list will be posted by March 1st of each
year.
c) Employees will be scheduled within their departments, subject to maximums
established by the Company, according to their stated preferences, by seniority
within each classification.
2. To the extent that additional weeks of prime time vacations are available within each
classification and department, employees will be canvassed to take one additional week
by seniority.
25
3. As needed, this process will be repeated until all employees are accommodated.
4. Employees who do not indicate a preference or who wish to change their vacation
preference will be accommodated on a first come, first served basis.
6) An employee leaving the employ of the Company shall receive his pro rate share of vacation
earnings in the vacation year in which he terminates.
7) A complete or partial vacation shutdown of up to two (2) weeks duration may be scheduled by
local Management, during the months of June, July, August and/or September, each production
year. Notification of said shutdown will be conveyed to the Union no later than April 1st (March
1st for a June shutdown) of each year. The parties recognize that production requirements and
customer needs are of primary importance.
8) In the event of a death in the immediate family, as defined under the Funeral Leave provisions,
any eligible funeral leave days will replace the equivalent number of vacation days and the
vacation period will be extended by such number of days.
9) a) Student summer employment may be utilized during the period commencing on the
Monday closest to June 1st up to and including the Friday prior to Labour Day.
b) Applicants will be selected on a first-come, first served basis and are required to be
available for work when contacted by phone.
c) Candidates must be at least 15 years of age, have a Social Insurance Number, be able to
provide their own transportation to and from work and be able to work rotating shifts.
d) Student employees will not fall under the Collective Agreement. Effective January 1,
2005, employees hired under the provisions of Section 22 (9) shall receive $13.00 per
hour.
e) Students who decide not to return to full time attendance at school and continue to work
beyond Labour Day, will become eligible for inclusion in the bargaining unit provided: a)
they have completed three months of continuous employment; and b) there are vacancies
for which they are qualified.
26
Section 23
Plant Holidays
1) Employees who have completed their probationary period and who work a scheduled shift the
working day before and the working day after the Holiday will be paid a regular day’s pay for
the following Holidays:
New Year’s Day
Civic Holiday
Victoria Day
Labour Day
Good Friday
Thanksgiving Day
Canada Day
Christmas Day
Boxing Day
Family Day
and;
Two additional Holidays (eleventh and twelfth) will be observed on mutually agreed upon dates.
Discussions to reach agreement on such observance will take place no later than three (3) months
prior to the Holiday.
2) If the Holiday occurs on a Tuesday, Wednesday or Thursday, it may be observed by the
employer on the Monday or Friday of the week in which the Holiday occurs.
3) The requirement of working a scheduled shift the working day before and the working day after
the Holiday will be waived in the following situation:
a) Where the employee is excused in advance by his supervisor from working such shifts.
b) An otherwise eligible employee who is ill will receive Holiday pay for any Holidays
which occur within fifteen (15) calendar days of the first day of his absence due to
illness.
c) Where the employee is laid-off within five (5) working days prior to the day that the
Holiday is observed.
d) 6 Day 12 hr Schedule The Company will post for volunteers for holiday work by
classification. Scheduled employees will be relieved by seniority by classification until
all available volunteers have been scheduled. Remaining openings will be the obligation
of the employees otherwise scheduled to work on that day.
4) 5/2 Schedule Only – With the exception of a scheduled annual Plant vacation shut-down, when
a Plant Holiday falls during an employee’s vacation, the employee may, at his option, observe
the Holiday with pay, on the next regular work day following his vacation. The employee must
indicate his intention in this regard to his supervisor when requesting vacation. In the case of a
scheduled annual Plant vacation shut-down, a Holiday falling within such shut-down will be
observed on the first regular work-day following the shut-down.
27
6 Day 12 Hour Schedule
5) Where one of the plant holidays fall during an employee’s approved vacation period, he shall be
paid the holiday allowance, or receive an alternate day off, scheduled by mutual agreement.
6) If Local Management closes the plant on a plant holiday and thereby cancels the regular
scheduled working shift of an employee, that employee will receive holiday allowance of 12
hours pay at straight time.
7) A holiday is defined as the 24 hour period following 7:00 a.m. of the day the holiday is
recognized under this Agreement.
Section 24
Apprentice Training Plan
Qualifications of Applicants
The applicant must be physically able to work in trade selected. The applicant shall be a graduate of an
accredited secondary school or shall have such training or experience which is equivalent to such
schooling.
Term of Apprenticeship
The term of apprenticeship shall be 8,000 hrs. of reasonable continuous employment at the trade,
including a minimum of 144 hrs. per year of related Instruction.
Probationary Period
All apprentices shall be subject to a tryout, or probationary period during the first 500 hrs. of
apprenticeship. During this period the apprenticeship agreement may be cancelled at the request of
either party.
Credit for Past Experience
Any person making application for employment under this apprenticeship plan will be given credit for
past practical shop experience, apprentice training experience or other experience, which entitles such
person to be placed in training at a level higher than that of a beginner.
The experience background of each applicant will be rated and evaluated after the applicant has had an
opportunity through personal interview, and actual demonstration to prove his abilities.
Cancellation of Apprenticeship Agreement
If the facts prove the apprentice lacks interest or shows inability to competently learn the trade, the
agreement may be cancelled or terminated after due notice has been given to the apprentice.
28
Machinist Basic Work Training Schedule
The following basic work schedule, which covers the major processes and approximate hours are
general and are to be used as a guide only in the determination of the actual schedule for each
apprentice. The work processes and the number of hours to be served in each case will depend upon the
facilities and operating conditions at this location, taking advantage of every opportunity to give training
on all equipment and work performed.
Hours a) Drill Press (manual and auto feed) 300
b) Shaper 500
c) Welding 250
d) Die Maintenance 300
e) Lathe Work 1,500
f) Milling (V & H) 1,400
g) Grinding (cylindrical & surface) 750
h) Floor or line mechanic – helper bench
assembly, preventative maintenance
work etc. 3,000
Total 8,000
Electrician Basic Work Training Schedule
The following basic work schedule, which covers the major processes and approximate hours are
general and are to be used as a guide only in the determination of the actual schedule for each
apprentice. The work processes and the number of hours to be served in each case will depend upon the
facilities and operating conditions at this location, taking advantage of every opportunity to give training
on all equipment and work performed.
Hours Electrical Installation & Assembly 2,000
Maintenance & Repair 2,000
Overhaul Motors and Generators 1,000
Automotive & Industrial Truck Equipment 1,500
Main Power Supply 500
Testing and Inspection 500
Lubrication 500
Total 8,000
29
Graduated Scale of Wages
Each apprentice, provided he maintains satisfactory progress, shall receive a basic hourly rate in
accordance with the following schedule.
The 8,000 hour period shall be divided into (8) equal periods of 1,000 hours each. The hours and rates
shall be as follows:
Effective: 11/1/99 11/1/00 11/1/01
Hours Rate Rate Rate
1 to 1000 17.64 18.17 18.71
1001 to 2000 17.89 18.52 19.07
2001 to 3000 18.27 18.82 19.38
3001 to 4000 18.58 19.14 19.71
4001 to 5000 18.91 19.48 20.06
5001 to 6000 19.23 19.81 20.40
6001 to 7000 19.52 20.10 20.70
7001 to 8000 19.83 20.42 21.03
Thereafter 20.42 21.03 21.66
Related Training
Each apprentice shall be required to take approved related and general courses for a minimum of one
hundred and forty-four (144) hours each year.
The amount of time devoted to each subject and the sequence they are to follow will depend upon the
type of work being performed by the apprentice in plant.
Apprentices shall receive payments for course tuition based on instructors attendance reports.
Apprenticeship Records
Adequate records for each apprentice shall be maintained, showing his progress and coverage of work
processes and related training and the apprentice shall be advised periodically.
Completion of Apprenticeship
Upon satisfactory completion of the requirement of apprenticeship, a Certificate of Completion of
Apprenticeship shall be issued by the Company.
Administration of Plan
The company supervisor of training shall be responsible for the administration of this plan.
30
Section 25
Plant Rules
Rules covering your employment are for the purpose of maintaining an orderly and efficient operation.
These rules are not intended to restrict rights of employees, but to help employees by defining and
protecting the rights of all. The following infractions may result in the Company taking disciplinary
action up to and including discharge.
1) Failure to record time of arrival or departure from premises. Intentionally punching the time
card of another employee or arranging for/permitting another employee to punch your time card.
2) Failure to notify the Company of your intended absence from work one hour prior to the start of
your shift; or failure to notify the Company twenty-four (24) hours in advance of a return to
work.
3) Failure to maintain punctuality and regular attendance at work. You are expected to be ready to
commence work at the starting time and immediately after an authorized break or lunch period.
4) Leaving your own work area or department or the plant without permission of your supervisor.
5) Entering/exiting the plant through unauthorized entrances/exits.
6) Insubordination, incompetence or negligence.
7) Smoking in prohibited areas.
8) Wasting time, loitering during working hours or washing up before quitting time unless
authorized to do so.
9) Fighting, horseplay, running or other unbecoming conduct on Company premises.
10) Sleeping while on duty.
11) Possessing, drinking, using or being under the influence of drugs or alcoholic beverages on
Company premises at any time. (This includes reporting for work in an unfit condition).
12) Falsification of records or reports.
13) Abuse, destruction, neglect or defacing the property of the Company or its employees or any
property left on Company premises.
14) Interfering with or obstructing production.
15) Continued failure to use personal protective equipment.
16) Creating or contributing to unsanitary conditions.
17) Disregard for safe working practices.
31
18) Theft of the property of the Company or its employees or any property left on Company
premises.
19) Parking vehicles in prohibited areas.
20) Any other action or behavior against the good contact and efficient operation of the plant, or
which common sense would not permit.
Section 26
Severance Pay
In the even of a plant closure, whether full or partial, employees who are terminated as a result thereof
shall receive severance pay in accordance with the provisions of the Employment Standards Act without
regard to the number of employees terminated or the size of the annual payroll at the Brampton plant.
An employee whose employment is terminated for just cause shall not be entitled to receive severance
pay.
Section 27
Duration of Agreement
Term of Agreement
This Agreement shall have a term of one (1) year, effective date of ratification (December 11,
2016) and continuing in full force and effect through October 31, 2017.
This Agreement is made and entered into this ____ day of January, 2017, and was ratified on
December 11, 2016.
FOR THE COMPANY FOR THE UNION
Alberto Prezio
Plant Manager
Kevin Logan
Business Representative
Jamie Goodine
Local 100-M
Martin Paterson
Local 100-M
32
Letter Of Understanding
November 16, 2012
Frank Mandarino
Business Representative
Local 100-M GCIU
165 East Beaver Creek Rd., Unit 21
Richmond Hill On L4B 1E2
Re: Pay Cheque Errors
This will confirm our understanding reached during the 2012 negotiations for our Brampton Plant on the
above subject.
The Company recognizes the need to insure that payroll errors are corrected as soon as possible after
detection. To that end, we will agree that errors in excess of $100 dollars will be corrected within 48
hours which fall on a business day (i.e. Monday to Friday) after notice is provided to the Company.
Errors of less than $100 will be corrected in the following pay period after notice is provided to the
Company.
Where an employee who is entitled to be paid, receives no pay at all, the Company will correct this
within 24 hours (which fall on a business day) from the time it is notified of the mistake.
Very Truly Yours,
33
Letter Of Understanding
November 1, 1999
Mike Dadswell
Executive Vice President
Local 100-M GCIU
165 East Beaver Creek Rd., Unit 21
Richmond Hill ON L4B 1E2
Re: Continuous Operation Schedule
This letter will confirm our understandings reached in our 1996 negotiations regarding the future use of
the Continuous Schedule at the Brampton Plant. If the Company decides to establish a Continuous
Schedule in the future, it will be the schedule established in Section 21, Hours of Work (6 Day 12 Hours
Schedule). In its decision to establish such a schedule, the Company further agrees to the following:
1) The Company will give the Union as much advance notice as possible of the beginning of such a
schedule, but in no event less than 30 calendar days prior to the beginning of this schedule.
2) Once a year, after the beginning of this schedule the Union through a petition of at least 75% of
the affected employees may request a change to another Continuous Schedule or to the method
of shift rotation. The Company agrees to implement this change as quickly as possible.
3) The parties mutually agree that if a Continuous Schedule is to be implemented; it is desirable that
all employees be placed on the schedule. However, it is recognized that the Company retains the
right to implement the schedule on a less than full plant basis when business circumstances make
this impractical.
4) If the Company determines that it is going to revert from the Continuous Schedule and reassign
employees to the 5/2 work schedule, the Company will notify the Union as soon as possible of its
decision. Except in cases where it is not possible due to circumstances beyond the control of the
Company, a minimum of 30 days notice will be given.
Very Truly Yours,
34
Letter Of Understanding
November 1, 1999
Mike Dadswell
Executive Vice President
Local 100-M GCIU
165 East Beaver Creek Rd., Unit 21
Richmond Hill ON L4B 1E2
Re: Job Posting Offers
The Company will use criteria for the objective evaluation of the requirements for the placement of
successful job posting candidates within the wage scale. Prior to an offer of placement to the successful
bidder, the Union will be notified of the wage rate offer.
FACTOR PPP RELATED EXTERNAL
Years of applicable
Experience
Current performance
and/or mech. aptitude
Overall attendance
record
Other
All four – level 4 of 5
3 out of 4 – level 3 of 5
2 out of 4 – level 2 of 5
1 out of 4 – Start Rate
Very Truly Yours,
35
LETTER OF UNDERSTANDING
November 1, 2004
Mr. Mike Dadswell
Executive Vice President
Local 100-M
165 East Beaver Creek Rd., Unit 21
Richmond Hill ON L4B 1E2
Re: Brampton Tube Plant
The future of the business requires us to review all options to ensure the profitability of our Plant.
The following is an agreement to alter the hours of work for the Brampton Tube Plant or any portion thereof.
1) Four (4) day operation (Mon, Tues, Wed, Thurs).
2) Two (2) 12 hour shifts per day (7 am – 7 pm and 7pm – 7am)
3) Regular work day – 8 hours straight time, 4 hours time and one-half (1.5x).
4) Overtime – after 12 hours per day, all overtime at double time.
5) Friday is defined as the 5th working shift beginning at 7:00 am.
6) Any work performed on Friday would be paid 4 hours at time and one half, double time thereafter.
7) An employee will be eligible for statutory holiday pay if it occurs on a Friday as long as they work their
scheduled work day before and after as per the Collective Agreement.
8) The Attendance Policy will apply to the employees regularly scheduled 12 hour shift.
9) Employees will receive two (2) twenty (20) minute paid meal breaks during each twelve (12) hour shift.
10) All of the other provisions of the Collective Agreement remain in force.
This schedule will be implemented as required by the Company. The Company will give the Union as much
advance notice as possible of the beginning of such a schedule, but in no event less than thirty (30) calendar
days prior to the beginning of this schedule.
Very Truly Yours,
Monica Rottman
Vice President Human Resources
Confirmed, Mike Dadswell GCIU Local 100-M
36
Letter of Understanding
November 1, 1999
Mike Dadswell
Executive Vice President
Local 100-M GCIU
165 East Beaver Creek Rd., Unit 21
Richmond Hill ON L4B 1E2
Re: Uniforms
During the 1996 negotiations it was agreed that the company would continue to provide a maximum of
three (3) uniforms per employee per calendar year.
Very Truly Yours,
37
Letter Of Understanding
November 1, 1999
Mike Dadswell
Executive Vice President
Local 100-M GCIU
165 East Beaver Creek Rd., Unit 21
Richmond Hill ON L4B 1E2
Re: Sub-Contracting
This will confirm our discussions during the 1996 negotiations for our Brampton Plant on the above
subject.
Without abridging the rights of the Company to sub-contract work that is normally performed by
bargaining unit employees, the Company agrees to advise the Union as promptly as possible of work
that the Company is considering to be sub-contract. The Company further agrees to consider
suggestions made by the Union as alternatives to sub-contracting before reaching a final decision. This,
of course does not apply in situations where the emergency nature of the work precludes such notice.
Very Truly Yours,
38
Letter of Understanding
November 1, 1999
Mike Dadswell
Executive Vice President
Local 100-M GCIU
165 East Beaver Creek Rd., Unit 21
Richmond Hill ON L4B 1E2
Re: Management Meetings
This will confirm our understanding reached during the 1996 negotiations for our Brampton Plant on the
above subject.
It was acknowledged that harmony in operations of the plant requires a commitment by the Company
and the Union to further communications between the parties regarding issues which affect the well-
being of the employees and the proper operation of the plant. For this purpose, the parties agree to meet
on a frequent basis, no less than once every sixty days. Each party further commits to advise the other in
advances of all issues that they want to discuss at the next scheduled meeting.
Very Truly Yours,
39
Letter Of Understanding
November 1, 1999
Mike Dadswell
Executive Vice President
Local 100-M GCIU
165 East Beaver Creek Rd., Unit 21
Richmond Hill ON L4B 1E2
Re: Lead Person Assignments and Duties
This will confirm our agreement reached during the 1996 negotiations on a new Labour Agreement
between the Company and the Union for its employees at the Brampton Plant. During our conversations
on the Union’s concerns regarding Lead Persons, the parties agreed to establish an experimental review
every six months of the performance and requirements of the Lead Persons. The purpose of these
reviews will be to ensure that all Lead Persons conform to acceptable standards of conduct and
performance. Employees wishing to continue in Lead Persons capacities are expected to conform to the
standards established by the parties or relinquish their lead positions.
This agreement in no way limits the right of the Company to determine who, when and where Lead
Persons shall be assigned not the Union’s right to grieve the actions of Lead Persons where it may
impact the rights of individual employees.
Very Truly Yours,
40
Letter Of Understanding
November 1, 2004
Mr. Mike Dadswell
Executive Vice-President
Local 100-M
165 East Beaver Creek Road, Unit 21
Richmond Hill ON L4B 1E2
Re: Exemption Form – Section 23 Plant Holidays
Dear Mr. Dadswell:
This is to confirm our understanding reached during the 2004 Brampton Plant Negotiations. Pursuant to
the provisions of Section 23 – Plant Holidays, Sub-Section 3) a), the Company will develop a form to be
utilized in the event an employee has advance knowledge of an absence, tardy or leave early the working
day before or the working day after a Plant Holiday. Such form must be completed by the employee and
approved by the supervisor for such an absence, tardy or leave early to be excused and the employee
eligible for holiday pay.
Sincerely.
William R. Gleason Director Labour Relations
Confirmed: Mike Dadswell GCIU Local 100-M
41
Letter of Understanding
November 1, 1999
Mike Dadswell
Executive Vice President
Local 100-M GCIU
165 East Beaver Creek Rd., Unit 21
Richmond Hill ON L4B 1E2
Re: Section 22, Subsection 7 – Vacation Shutdown Notification
This letter is to confirm our discussions during the 1996 negotiations relative to the above. The parties
understand that production requirements and customer needs are of primary importance to the future of
the Brampton plant. The Company is aware of the hardship placed on employees when customer
requirements and unforeseen schedule changes necessitate a vacation shutdown announcement after the
April 1st deadline.
In the event a vacation shutdown is announced and scheduled after April 1st, the Company will try to
accommodate those employees that are unable to use their vacation during the shutdown period. It is
understood that any actions taken to accommodate affected employees will be reviewed in advance with
the Union.
Very Truly Yours,
42
Letter of Understanding
November 15, 2012
Mr. Jamie Goodine
Chairperson – Albea Brampton
GCC/IBT Local 100-M
40 Driver Road
BRAMPTON ON L6T 5V2
Dear Mr. Goodine;
Re: Distribution of Overtime
At negotiations the parties agreed to a protocol respecting the above subject and this letter, which does
not form part of the collective agreement, replaces all previous letters dealing with this subject matter.
The normal protocol for distributing overtime will be as follows:
A. UNSCHEDULED OVERTIME
Normally, this will occur on a weekday.
1. The most senior employee(s) within the Department on the current shift where overtime is
required will first be canvassed to determine whether they wish to stay and work for up to four
(4) hours post-shift. This process will continue in descending order of seniority until the
necessary hours are covered or the roster of qualified employees is exhausted.
2. Within the employees present in the plant, those who are qualified to perform the work in
descending order of seniority.
3. If further overtime hours are required to be worked after completing #1 and #2 above, the
Company will call qualified employees in seniority order to offer the overtime. If an employee
who is called does not personally speak with the caller to accept or reject the overtime offer, the
Company will wait five (5) minutes before proceeding to call the next employee in descending
seniority order.
B. SCHEDULED OVERTIME This type of overtime normally occurs where the Company determines that weekend work is necessary.
The normal protocol for distributing this type of overtime will be as follows:
1. Within the Department where the work is required, by shift, by seniority within that shift to all
qualified employees who have available hours to work pursuant to the Employment Standards
Act (ESA).
2. Within the Department where the work is required, the qualified employees on any other shift
who have available hours to work pursuant to the ESA, in seniority order.
3. Plant wide, in seniority order, to qualified employees who have available hours to work pursuant
to the ESA.
43
Note: “By shift” = means that if dayshift overtime is required on a weekend day for example, it is first
offered to employees who worked on the dayshift earlier in that week.
Please sign a copy of this letter to indicate agreement.
FOR THE UNION FOR THE COMPANY
Jamie Goodine Albert Prezio
44
LETTER OF UNDERSTANDING
December 6, 2016
Mr. Jamie Goodine
Plant Chair
Local 100-M-GCIU
Dear Jamie:
Re: Training Premium
This will reflect the understanding reached at negotiations with respect to the above.
The parties agree that the training of employees by more senior, qualified operators is done when
approved by either the Plant Manager or Human Resources. Training does not include normal daily
instructions or communication between employees concerning the production or packaging process.
When approved, the employee who is conducting the training will be paid a premium of $1.50 an hour
in addition to his regularly hourly rate. This premium will not be compounded and will be paid for all
hours spent conducting such training.
Please sign a copy of this letter to indicate your agreement to its contents.
FOR THE UNION FOR THE COMPANY
Jamie Goodine Alberto Prezio
45
LETTER OF UNDERSTANDING
December 6, 2016
Mr. Jamie Goodine
Plant Chair
Local 100-M-GCIU
Dear Jamie:
Re: Fourth (4th) Laminator Operator on Day Shift
This will reflect the understanding reached at negotiations with respect to the above.
The parties agreed to continue the current practice of assigning the senior qualified Laminator Operator
to a steady day shift in situations where the Company requires four (4) Laminator Operators to work on
the day shift.
It is recognized that the steady day shift operator may be assigned to other shifts in special cases such as
to cover absences due to illness, injury, vacation or leave of absences.
Please sign a copy of this letter to indicate your agreement to its contents.
FOR THE UNION FOR THE COMPANY
Jamie Goodine Alberto Prezio
46
LETTER OF UNDERSTANDING
November 3, 2016
Kevin Logan
Business Representative
Local 100-M-GCIU
165 East Beaver Creek Rd, Unit 21
Richmond Hill, Ontario L4B
Dear Kevin:
Re: Manulife Benefits
This letter will confirm our understanding reached November 3rd, 2016 regarding benefits negotiated in
the current collective agreement dated December 6th, 2016.
The Company recognizes that our group benefits carrier, implemented changes to exclude certain
benefits which are part of the collective agreement.
It is the Company’s intention to honor the current collective agreement as negotiated December 6th,
2016. The company will implement a re-imbursement program to deal with claims covered by the
current collective agreement but no longer covered by the current group benefit carrier. Dental re-
imbursement amounts will not exceed the limit for that service in the Ontario Dental Association Fee
Guide for services provided by general practitioners.
Signatures indicating agreement,
___________________
Alberto Prezio
Plant Manager
___________________
John Carusone
HR Manager
___________________
Jamie Goodine
Union Rep.
___________________
Martin Paterson
Union Rep.
47
LETTER OF AGREEMENT
BETWEEN
ALBEA CANADA INC.
(the “Company”)
– and –
GRAPHIC COMMUNICATIONS CONFERENCE
OF THE
INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
(GCC/IBT) LOCAL 100M
(the “Union”)
EXTRA HOURS OF WORK AGREEMENT
In accordance with section 17 of the Employment Standards Act, 2000 (“Act”), the parties agree as
follows:
1. The Union agrees on behalf of each employee in the bargaining unit that the Company may
permit him or her to work beyond his or her regular workday and beyond 48 hours per week
basis to the maximums allowed by the Act.
2. However, scheduling of extra hours still must be in accordance with the overtime provisions of
the collective agreement.
3. The parties that this agreement may not be revoked during the operation of the current Collective
Agreement except with the parties’ mutual consent or a change in legislation.
48
4. The workweek, for the purpose of calculating extra hours of work, will be considered to be from
Monday to Sunday.
December 6, 2016
Dated:
For the Company: For the Union:
John Carusone J. Goodine
Local 100-M
Kevin Logan
Business Representative
Martin Paterson
Local 100-M
50
Group Insurance – When You Become Insured
If you are hired as a full-time employee, you will become insured for yourself and your dependents
commencing the first day of the month following the successful completion of your probationary period.
Should you not be working full-time on the day you would ordinarily become insured, the insurance for
yourself and your dependents will be delayed until you return to full-time work. Coverage for your
dependents is subject to the conditions explained below.
Eligible Dependents
Eligible dependents are your spouse (unless legally separated) and your unmarried children at least 14
days but less than 19 years old. Your spouse is the person to whom you are married or a person of the
opposite sex, with whom you reside and whom you represent as your husband or wife. Only one person
may qualify as your spouse at any one time.
Effective November 1, 2004, unmarried children age nineteen (19) to age twenty-five (25) are eligible
provided they depend wholly upon you for support and maintenance and are full-time students in an
educational institution. Eligible dependents currently over age 25 on November 1, 2004 will continue to
be covered under the existing plan provided they retain their full-time student eligibility status.
Stepchildren, foster children and legally-adopted children may be included the same as your children
provided they depend upon you for support and maintenance.
If a dependent is confined for medical care or treatment in any institution or at home when coverage
would normally start, the dependent will not be covered until given a final release by the doctor from all
such confinement. This limitation does not apply to a newborn child’s insurance.
No one will be eligible as a dependent while covered as an employee or while in military services.
If both parents of a dependent child are covered under this plan as employees, only one of the parents
will be considered to have eligible dependents.
A child who is physically or mentally incapable of self-support upon attaining age nineteen (19) may be
continued under the health care and dental expense insurance while remaining incapacitated and
unmarried, subject to your own coverage continuing in effect. This privilege also will apply to a child
who has remained in the Group Insurance Plan beyond his or her nineteenth birthday if he or she later
ceases to be a qualified dependent and is physically or mentally incapable of self-support and is not
married. To continue a child under this provision, proof of incapacity must be received by Ins.
Company within thirty-one (31) days after coverage would otherwise terminate. Additional proof will
be required from time to time.
Change In Family Status
Once you are in the Plan, it is necessary that you notify your employer within thirty-one (31) days when
your first dependent becomes eligible or when you no longer have any dependents.
If you have one or more covered children, you need not report additional children. However, if only
children are covered and a spouse becomes eligible, a report is needed.
51
Forms are available for reporting changes in family status when required.
NOTE: If you do not report your first dependent within thirty-one (31) days after the dependent
becomes eligible, satisfactory evidence of each dependent’s insurability will be required
when you first enroll your dependents.
Schedule of Benefits
Life Insurance/Accidental Death and Dismemberment
Effective January 1, 1991, an employee's amount of insurance shall be equal to an amount determined
by multiplying the employee’s base rate by 2080. This base rate shall be determined with the
employee’s last rate prior to date of death.
Upon your retirement your amount of Life Insurance will reduce to $4,000. However, your Accidental
Death and Dismemberment Insurance will terminate upon your retirement.
Weekly Disability Benefits (S&A)
Effective January 1, 1991, for disabilities that commence on or after the effective date, the weekly
benefit rate shall be increased from 65% to 68% of the employee’s weekly rate.
Short Term Disability
Weekly Payment: An amount equal to 68% of your weekly earnings*, rounded to the next higher $1.00
if not already a multiple thereof.
Payments Begin: Accident – 1st day/Sickness or Pregnancy – 4th day/or if hospitalized from the first day
of hospitalization. Hospitalization will be defined as an overnight stay in the hospital or day surgery.
Maximum: 26 weeks for any one disability.
*Based on the employee’s actual earnings, exclusive of overtime pay, during the preceding
calendar quarter. If an employee receives benefits for loss of time due to accident, sickness or
pregnancy, a new calculation of his or her basic weekly earnings shall not become effective until
he or she has completed three (3) months of continuous service with the Company following his
or her return to active work on a full time basis. In the event that 68% of straight time average
earnings is less than 60% of insurable earnings as defined by the Unemployment Insurance Act,
1971, then any regular overtime bonus or shift differential will be included to bring appropriate
weekly earnings up to the maximum (as calculated for E.I. purposes during the first fifteen (15)
weeks of Accident and Sickness Benefits) subsequent to the payment by Group Insurance Carrier
of fifteen (15) weeks of benefits on this basis, the payments will then revert to 68% of straight
time, if less, to a maximum of 26 weeks.
To determine the amount payable for a portion of a week, the benefits will be based on one-seventh of
the Weekly Payment for each day you are disabled.
52
Dental Expense Plan
For You and Your Dependents
Basic and Preventative Dental Services
This plan pays 100% of the eligible charges. Recall exams are reimbursed once every nine (9) months.
Maximum dental benefit each calendar year ………………… is Unlimited
Major Restorative Services
These will be covered at 50% to a maximum of $750.00 per covered individual per year.
Orthodontics
The lifetime maximum for orthodontic services shall be $1,250.00 per covered dependent, providing
treatment begins prior to attainment of age 19.
Effective January 1, 2011, the lifetime maximum for orthodontic services shall be increased to
$1,400.00 per covered dependent.
Free Choice of Dentist
You may choose any licenses dentist or physician practicing within the scope of his or her profession.
What the Plan Covers
The Plan covers work included in the List of Dental Services.
Many dental conditions can properly be treated in more than one way. This Plan is designed to help pay
your dental expenses, but not on the basis of treatment that is more expensive than necessary for good
dental care. Thus if a condition is being treated for which two or more services included in the list are
suitable under customary dental practices, the benefit under the Plan will be based on the least expensive
of the services.
If a dental service not on the list is performed, but the list contains one or more other services which
under customary dental practices are suitable for the condition being treated, a charge for the least
expensive of all such services will be considered to have been incurred.
The amount of the eligible charge for a service is equal to the charge made by the dentist, but not to
exceed the limit for that service in the Ontario Dental Association Fee Guide for Services Provided by
General Practitioners. The Ontario Dental Association Fee Guide for Services Provided by General
Practitioners shall be implemented effective upon the Revision Date (January 1 of each year).
A charge will be considered to be incurred on the date the service is received, rather than on the date the
charge is made.
53
List of Dental Services
Diagnostic Services Complete Oral Examination (once every 3 years)
Recall Examination (once every 9 months)
Emergency Examination
Specific Oral Area Examination
Radiographic Interpretation Complete Full-mouth Series of Radiographs (once every 3 years)
Bitewing Radiographs (once every 9 months)
Periapical Radiographs
Cephalometric Radiographs
Sinus Examination
Sialography
Use of Radiopaque Dyes to Demonstrate Lesions
Panoramic Film (once every 3 years)
Interpretation of Radiographs from another Source
Tomography
Hand and wrist
Test and Laboratory Examinations
Preventive Services
Prophlaxis and Topical Fluoride (once every 9 months)
Scaling (12 units/year)
Extensive periodontal scaling and treatment are not benefits under the preventive plan.
Oral Hygiene Instructions (every 6 months)
Occlusal Equilibration
Basic Restorations Silver Amalgam
Silicate Restorations
Acrylic or Composite Resin Restorations
Retentive Pins
Removal of Carious Lesion and Dressing
Endontic Services Root Canal Therapy
Oral Surgery Removal of Erupted Tooth Uncomplicated Single Tooth
Each Additional Tooth in Same Quadrant
Surgical Removals
Removal of Residual Roots
Adjunctive General Services
Anaesthesia
Consultation
Professional Visits
54
Denture Services Denture Repairs
Construction and Insertion of Standard Dentures
Rebasing and Relining Rebasing and relining of a complete or partial denture more than 6 months after the installation of an
initial or replacement denture but not more than one rebasing or relining in any period of 36 consecutive
months.
Major Restorative Services (covered at 50%) Onlays, Inlays, Crowns
Only if the tooth cannot be restored with a basic restoration
Transitional (temporary) crowns are considered part of the final restoration
Limited to full metal crowns on molar teeth
Porcelain Repairs
Retentive Pins/Posts & Cores
Recementation
Removal of Crown or Inlay
Crown Coping
Charges Not Eligible Under Dental Plan
1) Charges for a service or supply designated as ineligible on the General Exclusions page.
However, the mouth conditions exclusion on that page does not apply to the Dental Expense
coverage.
2) Anything not furnished by a dentist, except (1) X-rays ordered by a dentist and (b) services by a
licensed dental hygienist who is under the dentist’s supervision or by a licensed Denturist.
Anything not necessary or not customarily provided for dental care.
3) An appliance, or modification of one, where an impression was made before the patient was
covered.
4) Replacement of lost or stolen appliances, appliances or restorations for the purpose of splinting,
or to increase vertical dimension or restore occulusion.
5) Orthodontics (a program to straighten teeth); services for cosmetic purposes unless made
necessary by an accident occurring while covered (facings on crowns, or pontics, posterior to the
second bicuspid shall always be considered cosmetic, as shall plastic porcelain, or other
materials fused to gold on molar crowns or pontics).
If a particular charge is covered under the Dental Plan and also under another part of our Sunlife Plan,
the Dental payment will be limited to the excess, if any, of the amount normally paid by that insurance
over the amount paid by the other Sunlife Assurance of Canada.
Extension of Benefits
If the Dental Insurance for you or a dependent is terminated, the protection will be extended to cover the
following dental care received within the next thirty (30) days, provided benefits would have been paid
had the insurance remained in effect:
55
An appliance, or modification of one, for which an impression was taken before termination.
Your Term Life Insurance
Your Group Term Life Insurance will be paid to any beneficiary you name if you die from any cause.
You may change your beneficiary whenever you wish, subject to Provincial laws.
Insurance During Total Disability
If you become totally disabled before you reach age 65, the policy contains a provision under which
your Group Life Insurance, shown in the schedule, maybe continued at no cost to you as long as you
remain totally disabled and are younger than age 65. You must furnish proof of disability between nine
(9) and twelve (12) months after total disability starts, and as required thereafter. Once the extension of
protection benefit has been approved, subsequent premium payments will not be required. Should you
die during the first twelve (12) months of such disability, a claim will be paid, provided you have been
unable to engage in any gainful occupation, even if you had not furnished proof of disability or
premiums had not been continued. Upon your retirement your amount of Life Insurance under this
provision will reduce to $4,000.
Change to Individual Policy
During the 31 days following termination of your employment, you may change your Group Life
Insurance, without a medical examination, to one of a number of Sunlife individual life policies. The
policy will be effective at the end of the 31 day period, and the premium will be the same as you would
ordinarily pay if you applied for an individual policy at that time. If you die during this 31 day period,
your Group Life Insurance will be paid whether or not you have applied for an insurance policy.
Your Accidental Death and Dismemberment Insurance
For active employees, an AD & D benefit will be paid for any of the following losses through accidental
means off the job, in addition to any other benefits.
Loss of Life Full Amount of Insurance (Paid to your Beneficiary)
Loss of: Both hands
Both feet
Sight of both eyes
One hand and one foot
One hand and sight of one eye or
One foot and sight of one eye
Full Amount of Insurance (Paid to you)
Loss of: One hand
One foot, or
Sight of one eye
One Half the Amount of Insurance (Paid to you)
56
The loss of hands and feet means loss by severance at or above the wrist or ankle. The loss of sight
means total and irrecoverable loss of sight.
The total payment for any one accident may not be more than the full amount of insurance. The loss
must take place within 90 days after the accident and not be caused by war, riot or certain other
conditions described in the Group Policy.
Your beneficiary may be any person or persons you name. To the extent permitted by provincial laws,
you may change your beneficiary at any time by making written request.
Short Term Disability (S & A) Insurance
If you are unable to work because of non-occupational accident or sickness and are under the regular
care of a doctor, you will receive a weekly payment. The amount of the benefit and the day it begins are
shown in the Schedule of Benefits.
Benefits will continue as long as you are disabled, up to the maximum number of weeks appearing in the
schedule for each disability. However, if disability is caused by pregnancy, no benefits are payable for
the period of disability during the greater of i) the period commencing ten (10) weeks prior to the
calendar week of expected date of delivery and terminating six (6) weeks after the calendar week in
which the birth occurs or ii) the period of leave of absence the Employee is permitted by the Company
for that pregnancy or iii) for any week or part of a week during which you are eligible to collect
Unemployment Insurance Maternity Benefits.
Successive disabilities separated by less than two weeks of full-time work will be considered one
disability, unless the subsequent disability is due to a different cause and does not begin before you
return to full-time work.
Increases and decreases in the amount of your Accident and Sickness weekly benefit will be made after
you have returned to full-time work for a period of three full months from the termination of the
previous disability.
In no event will the amount of weekly benefits payable under this coverage for any one (1) week be less
than the amount payable for that week under the Unemployment Insurance Act of Canada, 1971, and its
regulations as amended.
It is the Company’s intention to register its Accident and Sickness Plan with the Unemployment
Insurance Commission for premium reduction purposes. The Company will conform with the
regulations governing such plans under the Employment Insurance Act 1971. The Union agrees to
permit the Company to retain 100% of the premium reduction (both Company and employee shares) in
consideration for the increased benefits.
In all other respects the Company will administer the Accident and Sickness Plan in accordance with
both jurisdictional Human Rights Acts and regulations and the criteria under the Employment Insurance
Act, 1971.
Benefit Reduction: The Accident and Sickness Insurance benefits for any week or disability (or part of
a week) will be reduced by the amount of any income replacement benefit which you are eligible to
receive under any government plan of automobile insurance provided the government automobile
57
insurance plan has been approved as an acceptable limitation under the Employment Insurance Act of
Canada. Subsequent cost of living increases in the government benefit will not further reduce your
Sunlife Life Accident and Sickness payments.
Hospital Expense Plan
For You and Your Dependents
Here are the benefits for a hospital confinement ordered by a doctor as the result of non-occupational
accident or sickness. The purpose of this insurance is to help pay for services and supplies not covered
by the Provincial hospital plan.
Room and Board and Other Hospital Services
The Plan will pay the charge the hospital makes to you, up to the daily limit equal to the hospitals rate
for a standard semi-private room. Benefits are provided up to a maximum of seventy (70) days per
confinement.
Separate confinements of a person commencing while the person is a Covered Individual will be
considered related unless:
1) the later confinement commences after completed recovery from the sickness or injury causing
earlier confinement, or
2) the later confinement results from causes entirely unrelated to the causes of an earlier
confinement, or
3) in the case of an Employee, the confinements are separated by at least one (1) day of his or her
compliance with the Active Work Requirement.
However, item (3) above will not apply to confinement due to pregnancy. Separate
confinements of a person due to any on pregnancy will be considered related.
Extended Benefits
If the Insurance terminates, benefits will nevertheless be paid for a confinement commencing within
three months, provided it results from a total disability that began while the insurance was in force and
benefits would have been paid had the insurance continued.
Maternity benefits will be extended nine months following termination of employment to cover a
pregnancy that commenced before the insurance terminated, provided benefits would have been payable
had your employment continued.
EXCLUSIONS – exclusions which apply to the Hospital Expense Plan are included in the page headed
“General Exclusions and Limitations”.
58
Major Medical Insurance
For You and Your Dependents
This Plan Supplements Provincial Plans
The benefits are described on later pages.
Overall Maximum Payment for you and each dependent ……………….Unlimited
It is designed to provide valuable supplementary protection, but not to duplicate the Provincial Hospital
and Medical Care Plans under which an individual is or could be protected.
Benefits Paid
This Insurance applies to expenses for the treatment of pregnancies and non-occupational accidents and
sicknesses.
Payment of benefits for you or a covered dependent will begin when the deductible explained below has
been satisfied. The insurance will pay 100% of all eligible expenses the individual incurs during the rest
of the year.
Prescription Drugs
The current Prescription Drug Claim reimbursement form will be replaced by a Prescription Drug Card.
The Deductible
This is the first ten dollars ($10) of eligible expenses incurred by the individual during the calendar year.
The deductible applies only once a year even if the individual has several accidents and sicknesses.
FAMILY DEDUCTIBLE FEATURE – If a total of twenty dollars ($20) of eligible expenses is incurred
collectively by you and your covered dependents during a calendar year, no further deductibles will be
required on any members for the rest of that year. However, not more than ten dollars ($10) of any one
member’s expenses will be counted towards the family deductible.
DEDUCTIBLE CARRY-OVER PROVISION – Any expenses which are incurred in the last three (3)
months of a calendar year and which are applied against that year’s deductible may also be applied
against the deductible for the next calendar year.
Eligible Expenses
Payments of charges in excess of the deductible (WITH NO CO-INSURANCE) for the following
necessary services and supplies ordered or prescribed by a licensed medical practitioner for the
treatment of non-occupational accidents or sicknesses.
1) Drugs, medicines, sera and vaccines as prescribed by a licensed medical practitioner. Maximum
reimbursement for the dispensing fee shall be $7.00 per prescription. For all drugs, the plan
reimburses the employee for the cost of the generic drug, where one exists, unless the
employee’s physician specifies in writing that the original brand drug is medically necessary.
59
2) Services of a graduate registered nurse.
3) Physiotherapy.
4) Hospital room and board charges in an amount equal to the excess of (1) the hospital’s private
room daily rate over (b) the hospitals semi-private room daily rate.
5) Dental care when necessitated by a direct accidental blow to the mouth, and not by an object
wittingly or unwittingly placed in the mouth, when not provided by another agency; when such
accident occurs while the person is covered.
6) Charges for active treatment or convalescent care in a licensed private hospital approved for such
treatment or care by any provincial hospital plan up to ten dollars ($10) per day, but no more
than one hundred and twenty (120) days.
7) Artificial limbs, larynx and eyes; electronic heart pacemaker; hearing aids; crutches; splints;
casts; trusses; braces; oxygen and rental of equipment for administration thereof, rental of wheel
chair, iron lung, hospital type bed.
8) X-ray and radium treatments and treatments with other radioactive substances.
9) Ambulance services when not covered by any government agency.
10) Treatments by a registered clinical psychologist up to thirty-five ($35) for the first visit and
twenty dollars ($20) per hour for subsequent visits but not more than two hundred dollars ($200)
for all visits made in a benefit year.
11) Treatments by a registered masseur or masseuse up to seven dollars ($7) per treatment for not
more than twelve (12) treatments in a benefit year.
12) Speech therapy by a qualified speech therapist to restore speech loss or to correct an impairment
due to (a) a congenital defect for which corrective surgery has been performed or (b) an injury or
sickness except a mental, psychoneurotic or personality disorder, but not to exceed two hundred
dollars ($200) in any one benefit year.
13) Charges for medical care and treatment rendered while traveling or residing outside Ontario
when such charges (i) are in excess of those payable under the Ontario Provincial Plan and (ii)
are not greater than those which would have been made in Ontario for the same medical care and
treatment if it were legal to provide benefits for such treatment in Ontario.
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Vision Care Plan
Vision Care Plan:
1) The allowance for vision care will be $300.00 during a consecutive 24 month period. The
Company will reimburse an employee for the cost of an annual eye examination, upon
presentation of a proper receipt, to a maximum of $70. each calendar year.
Effective January 1, 2011, the allowance for vision care will be increased to $325.00 during a
consecutive 24 month period.
2) The above mentioned vision care benefit, may be used towards the one time life time allowable
maximum benefit for Laser Eye Surgery.
3) Effective January 1, 2002, if contact lenses are the only way to restore visual acuity of the better
eye at least 20/70, the maximum will be increased to $300 in a twenty-four (24) consecutive
month period. This will be increased to $350 effective January 1, 2004 and $400 effective
January 1, 2006.
4) All employees who wear corrective eyeglasses while at work shall be required to wear glasses
whose lenses have been case hardened. The cost of this case hardening shall be reimbursed in
full by the Company upon presentation of a receipt for the work.
The Plan provides a benefit payable for lenses and frames.
The benefit is described on a later page.
Vision Care services and supplies are eligible to a maximum described above during a twenty-four
(24) consecutive month period and is not subject to the deductible explained earlier. Eligible
services and supplies include eyeglass lenses and frames, and dispensing fees, if any. This
maximum also applies to contact lenses purchased instead of eyeglasses. However, if the contact
lenses are the only way to restore visual acuity of the better eye to at least 20/70 or are purchased
following cataract surgery, the maximum will be $300.00 ($350.00 effective January 1, 2004,
$400.00 effective January 1, 2006) in a twenty-four (24) consecutive month period. Charges
incurred in connection with sunglasses (whether prescription or not) or safety glasses are not
covered.
General Exclusions and Limitations
(The following apply to all health care benefits provided under the Plan)
Not Covered
1) Services and supplies (a) to the extent provided under any law or government plan under which
the individual is eligible for coverage, (b) furnished by or on behalf of any government, unless
payment is legally required; or (c) for which insurance benefits are prohibited by law or
regulation.
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2) Charges incurred in connection with an injury or sickness related to employment. All charges
that would otherwise be covered under the Hospital Expense Insurance will be ineligible during
any confinement necessitated by such an injury or sickness.
3) (a) Anything not ordered by a doctor or not necessary for medical care; or (b) the portion of a
charge in excess of the reasonable and customary charge (the usual charge when there is no
insurance, not exceeding the prevailing charge in the area for a comparable supply or a
comparable service by a person of similar training and experience).
4) Services or supplies received as a result of an act of war occurring while the individual is
covered.
5) Expenses for cosmetic surgery unless due to an accident occurring while covered.
6) Treatment of periodontal or periapical disease or any condition involving teeth, surrounding
tissue or structure, except as described under “Dental treatment due to accident” on the Eligible
Expenses page.
7) Nursing, speech therapy, or physiotherapy rendered by yourself or your spouse, or a child,
brother, sister, or parent of your spouse or yourself.
8) Examinations in connection with eyeglasses or a hearing aid.
9) Charges for “check-ups” (including screening, routine physical examinations, and research
studies) unless part of the treatment of an illness, injury or pregnancy (including pre-and post-
natal care).
10) Telephone consultations.
Also see the Co-ordination of Benefits page and the pages which describe the health care benefits.
General Information
Termination of Insurance
The insurance for yourself and your dependents will terminate if you are no longer an eligible employee,
you cease active full-time employment, or the Plan is discontinued. If for any reason you cease being
engages in work on a full-time basis, you should check with your employer to determine what coverage,
if any, can be continued in force.
A dependent’s insurance will terminate when he is no longer an eligible dependent.
Policy
For simplicity, the Plan is described in a rather general manner in this Appendix.
The extent of the insurance for each employee and dependent is governed at all times by the complete
terms of the master Group Insurance Policy issued by the group insurance carrier.
Definitions For The Purpose Of This Plan
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Non-occupational accident or sickness – An accident not related to employment, or sickness not covered
under workers’ compensation or similar law.
Doctor – A licensed physician, dentist or optometrist practicing within the scope of his or her
profession.
Hospital – A legally-operated institution providing inpatient care and treatment through medical,
diagnostic, and major surgical facilities on its premises under supervision of a staff of doctors, and with
a 24-hour-a-day nursing service. An institution accredited as a hospital by the Canadian Council on
Hospital Accreditation or approved for resident inpatient care under a provincial hospital services
program also will be considered a “hospital”. The term does not include any other institution, or part of
one, used mainly as a facility for convalescence, nursing, rest, the aged, or care of drug addicts or
alcoholics.
Co-ordination of Benefits with other Plans
The purpose of health care and dental care Plans is to help meet actual expenses. In line with that
purpose our Plan contains a non-profit provision coordinating it with other plans under which an
individual is covered so that the total benefits available will not exceed 100% of the allowance expenses.
An “allowable expense” is any necessary, reasonable and customary expense covered, at least in part, by
one of the plans.
“Plans” means these types of medical and dental care benefits: (a) coverage under a law or governmental
program and (b) group insurance or other coverage for a group of individuals, including student
coverage obtained through an educational institution.
When a claim is made the primary plan plays its benefits without regard to any other plans. The
secondary plans adjust their benefits so that the total benefits available will not exceed the allowable
expenses. No plan pays more than it would without the coordination provision.
A plan without a co-ordination provision is always the primary plan. If all plans have such a provision:
(1) the plan covering the patient directly, rather than as an employee’s dependent, is primary and the
other secondary, (2) if a child is covered under both parent’s plans, the parent with the birthday earliest
in the calendar year is primary, (3) if neither (1) not (2) apply, the plan covering the patient longest is
primary.
When You Have A Claim
1) Each time a claim is to be made, Employee Relations (rather than Sunlife), should be notified
without delay. Claim forms will be furnished.
2) Dental Claim – Before you or a covered dependent go to the dentist, get a claim form from us
and give it to the dentist.
3) Keep a separate running record of the covered expense for yourself and each covered dependent.
This will help you when you are ready to make a claim.
4) Save all bills – including those being accumulated to satisfy the deductible. In most instances
they will serve as evidence of your claim.
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To permit the most prompt claims service possible, it is suggested that claimants hold receipts until they
exceed $25.00. Also, it is recommended that you make a claim not more frequently than once every
three (3) or four (4) months.
Bills must be complete. Each bill, other than for drugs, should show:
a) Patient’s full name.
b) Date or dates the service was rendered or purchase was made.
c) Nature of the sickness or injury.
d) Type of service or supply furnished.
e) Itemized charges.
Each drug must show:
a) Patient’s full name.
b) Prescription number or name of medication.
c) Date of purchase and the charge for each item.
Cash register receipts or labels from containers are not acceptable. Submit only original bills and
receipts. Photocopies or carbon copies are not acceptable.
Expenses Incurred While Outside of Canada
The coverage described in this Appendix have no geographical limitations or exclusions. This means
that hospital, medical, surgical, dental and other similar expenses incurred by you or your eligible
insured dependents while traveling outside Canada will be eligible under this plan, just as they are while
in Canada.
Before submitting claims to Sunlife for such expenses, you should first submit them to your provincial
health insurance plan for payment. To the extent that your expenses are reasonable and customary
(relative to charges in the area in which they were incurred) and there remains a balance unpaid by the
government health insurance plan, it will be payable under the terms of this plan, provided payment of
the charge is allowed by law.
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Section 29
Pension Plan
December 8, 2009
Mr. Kevin Logan
President
GCC of IBT Local 100M
165 East Beaver Creek Road
RICHMOND HILL ON L4B 2N2
Dear Mr. Logan:
Re: Article 28 – Pension Plan
This will confirm our discussions at negotiations for the renewal of the collective agreement expired
October 31, 2009.
At that time the Company indicated that it would be pursuing a full windup of the defined benefit
pension plan referenced in Article 28 of the collective agreement and that this plan would be replaced
with a defined contribution plan, the details of which are set out below.
Contributions will be made on the employees pensionable earnings from the Company which would
include regular wages and overtime pay.
For employees with 10 or more years of service, the Company will contribute 4% of such earnings and
for those with less than 10 years of service, the contribution shall be 3%.
Employees will have the option of contributing their own funds and the Company will match such
contributions up to a maximum of 3% of pensionable earnings. For those who wish to obtain the
maximum Company contribution to the pension plan, a voluntary employee contribution of at least 3%
of pensionable earnings must be made.
Investment decisions and other administrative details shall be as specified in the plan terms as set our by
the trustee which is currently Sun Life Financial.
The Company also indicated that there would be no “gap” in pension plan coverage for employees as a
result of the transition to the Sun Life plan and that it is anticipated that the conversion to this plan
would likely occur during the first quarter of the calendar year 2010.
Employees will be advised at least 21 calendar days in advance of the changeover from the defined
benefit plan to the defined contribution plan and will at that time be provided with the documentary
information that was given to the Union at bargaining.
Yours very truly,
Michelle Nacario