Common use of TRANSFER OF OPERATIONS Clause in Contracts

TRANSFER OF OPERATIONS. (a) When operations are transferred from one unit to another unit within a Salary bargaining unit represented by the Union, the Company will determine the number of additional employees, if any, the receiving unit will need to perform the transferred operations, and employees engaged on such operations may, if they so desire and if needed in the receiving unit, be transferred to that unit. Employees whose jobs are transferred who do not wish to transfer to the receiving unit or for whom no jobs are available in the receiving unit will exercise their seniority rights in the unit in which they work. (b) When operations are to be transferred from one such unit to another such unit, the Company will notify the National Union in writing of such transfer. Such notice will be given in advance and as promptly as the circumstances in each case permit. Management will advise the Unit and/or the Local Union President of impending transfers and upon request will discuss the details, including where available, the nature of the work involved and the numbers of employees affected. The Company, at the request of the National Union, will negotiate the advisability of transferring to the receiving unit employees who are affected by the transfer of the work. (c) In the event the parties are unable to agree on a suitable arrangement in discussions pursuant to paragraph (b) above, the Company shall determine the number of additional employees, if any, the receiving unit will need to perform the transferred operations and will offer work at the receiving unit to employees in the unit from which the operation will be transferred in the following order: (i) Employees working on the operation; (ii) Employees working in the department; (iii) Employees working in the unit. If, within one hundred and twenty (120) days after the completion of such transfer, the number of employees needed to perform the transferred operations in the receiving unit should change, the Company, at the request of the National Union, will discuss the advisability of adjusting the number of employees required at the receiving unit. (d) Employees under the Office, and Clerical and Engineering Agreement transferred from a bargaining unit under the Agreement in a transfer of operations, pursuant to this Section, to another shall be transferred with full seniority and their seniority in the former unit shall terminate. (c02)

TRANSFER OF OPERATIONS. (a) When 18.01 If the company transfers any of its manufacturing or assembly operations are transferred from one unit plant or department to another unit within plant or department at Windsor, then if the operation can be identified as one performed by a Salary bargaining unit represented by particular employee, such employee may transfer to the Union, the Company will determine the number of additional employees, if any, the receiving unit will need other plant or department to perform the transferred operationsoperation concerned. If such employee does not desire to transfer, and employees engaged on such operations mayor if the operation cannot be identified as one being performed by a particular employee, if they so desire and if needed in then the receiving unit, be transferred to that unit. Employees whose jobs are transferred who do not wish opportunity to transfer to the receiving unit other plant or for whom no jobs are available department shall be offered to each employee in the receiving classification in the department concerned who is able to perform the operation beginning with the most senior and proceeding in descending order of seniority. An employee transferred under this provision shall retain all his/her existing employee benefits within the bargaining unit will exercise their at Windsor relating to seniority, pensions, supplemental unemployment benefits, vacations with pay, insurance and the holidays specified in section 25.01. 18.02 If the company transfers any of its manufacturing or assembly operations from one plant or department to another plant or department at Oakville, then if the operation can be identified as one performed by a particular employee, such employee may transfer to the other plant or department to perform the operation concerned. If such employee does not desire to transfer, or if the operation cannot be identified as one being performed by a particular employee, then the opportunity to transfer to the other plant or department shall be offered to each employee in the classification in the department concerned who is able to perform the operation beginning with the most senior and proceeding in descending order of seniority. An employee transferred under this provision shall retain all his/her existing employee benefits within the bargaining unit at Oakville relating to seniority, pensions, supplemental unemployment benefits, vacations with pay, insurance and the holidays specified in section 25.01. 18.03 Not in Use – (a) If the company transfers a parts distribution centre or any of its manufacturing or assembly operations to a new location and the transfer does not fall within the terms of sections (b) If the employee elects to transfer to the same job at the new location, then as of the date of the transfer he/she shall lose his/her seniority rights at the old location and subject to the law in force at the new location and to the agreement of the bargaining agent (if any) for an existing bargaining unit of the company at that location, the employee shall be entitled to retain his/her existing employee benefits relating to seniority, pensions, supplemental unemployment benefits, vacations with pay, insurance and the holidays specified in section 25.01. (c) The company shall not transfer more employees to a new location hereunder than the number of jobs set up in the unit new location as a result of the transfer of the parts distribution centre or manufacturing or assembly operations, or than the average number of employees working at the parts distribution centre, manufacturing or assembly operations in which they workthe three (3) years preceding the date of the transfer. If the number of employees who elect to be transferred would exceed the numerical limits set by this section, then the most senior employees who are able to do the work required shall be entitled to preference. 18.05 Any employee who is laid off as a direct consequence of the transfer of a parts distribution centre or any of its manufacturing or assembly operations by the company to a new location may elect to apply for preferential hiring at the new location. If an employee should so elect his/her name will be added to the bottom of the then recall list at the new location and as and when he/she is hired there he/she will take seniority in the plant as of the date of hiring but shall continue to retain all his/her existing employee benefits relating to pensions, supplemental unemployment benefits, vacations with pay, insurance and the holidays specified in section 25.01. (a) An employee who is on the active employment roll shall be eligible for a transfer moving allowance if he/she is transferred from one plant of the company (hereinafter called his/her original plant) to another plant of the company (hereinafter called his/her new plant) pursuant to section 18.04, provided: (i) his/her new plant is at least eighty (80) kilometres distant from his/her original plant and he/she moves his/her permanent residence as a result of his/her transfer; and (ii) he/she files an application for a transfer moving allowance not later than six (6) months after the first day he/she worked at his/her new plant. (b) When operations are to be transferred from one such unit to another such unitEffective for expenses incurred on or after September 24, 2012, the Company will notify the National Union in writing amount of such transfer. Such notice an employee's transfer moving allowance will be given the amount shown in advance and as promptly as the circumstances in each case permit. Management will advise the Unit and/or the Local Union President of impending transfers and upon request will discuss the details, including where available, the nature of the work involved and the numbers of employees affected. The Company, at the request of the National Union, will negotiate the advisability of transferring to the receiving unit employees who are affected by the transfer of the work.following table: (c) In the event the parties are unable an employee who is eligible to agree on receive a suitable arrangement in discussions pursuant transfer moving allowance under this section is also eligible to paragraph (b) abovereceive a moving allowance or its equivalent under any present or future Federal or Provincial legislation, the Company amount of transfer moving allowance provided under this section, when added to the amount of moving allowance provided by such legislation, shall determine not exceed the number of additional employees, if any, the receiving unit will need to perform the transferred operations and will offer work at the receiving unit to employees in the unit from which the operation will be transferred in the following order: (i) Employees working on the operation; (ii) Employees working in the department; (iii) Employees working in the unit. If, within one hundred and twenty (120) days after the completion of such transfer, the number of employees needed to perform the transferred operations in the receiving unit should change, the Company, at the request maximum amount of the National Union, will discuss transfer moving allowance the advisability of adjusting the number of employees required at the receiving unitemployee is eligible to receive under this section. (d) Employees under the Office, and Clerical and Engineering Agreement transferred from Only one (1) transfer moving allowance will be paid where more than one (1) member of a bargaining unit under the Agreement in a transfer of operations, pursuant to this Section, to another shall be transferred with full seniority and their seniority family living in the former unit shall terminate. same (c02)i) his/her new plant is at least eighty (80) kilometres distant from his/her original plant and he/she moves his/her permanent residence as a result of accepting the offer of employment at his/her new plant; and (ii) he/she had one (1) or more years of seniority on the last day he/she worked at his/her original plant and has not incurred a break in seniority on or prior to the date on which the application is made to the company; and (iii) he/she files an application for a layoff moving allowance not later than 6 months after the first day he/she worked at his/her new plant.

TRANSFER OF OPERATIONS. (a) When operations are transferred from one unit to another unit within a Salary bargaining unit represented by the Union, the Company Corporation will determine the number of additional employees, if any, the receiving unit will need to perform the transferred operations, and employees engaged on such operations may, if they so desire and if needed in the receiving unit, be transferred to that unit. Employees whose jobs are transferred who do not wish to transfer to the receiving unit or for whom no jobs are available in the receiving unit will exercise their seniority rights in the unit in which they work. (b) When operations are to be transferred from one such unit to another such unit, the Company Corporation will notify the National Union in writing of such transfer. Such notice will be given in advance and as promptly as the circumstances in each case permit. Management will advise the Unit and/or the Local Union President of impending transfers and upon request will discuss the details, including where available, the nature of the work involved and the numbers of employees affected. The CompanyCorporation, at the request of the National Union, will negotiate the advisability of transferring to the receiving unit employees who are affected by the transfer of the work. (c) In the event the parties are unable to agree on a suitable arrangement in discussions pursuant to paragraph (b) above, the Company Corporation shall determine the number of additional employees, if any, the receiving unit will need to perform the transferred operations and will offer work at the receiving unit to employees in the unit from which the operation will be transferred in the following order: (i) Employees working on the operation; (ii) Employees working in the department; (iii) Employees working in the unit. If, within one hundred and twenty (120) days after the completion of such transfer, the number of employees needed to perform the transferred operations in the receiving unit should change, the CompanyCorporation, at the request of the National Union, will discuss the advisability of adjusting the number of employees required at the receiving unit. (d) Employees under the Office, Office and Clerical and Engineering Agreement transferred from a bargaining unit under the Agreement in a transfer of operations, pursuant to this Section, to another shall be transferred with full seniority and their seniority in the former unit shall terminate. (c02)

TRANSFER OF OPERATIONS. (a) When operations are transferred from one unit seniority group to another unit seniority group within a Salary bargaining unit represented by the Union, the Company will determine the number of additional employees, if any, the receiving unit seniority group will need to perform the transferred operations, and employees engaged on such operations may, if they so desire and if needed in the receiving unitseniority group, be transferred to that unitseniority group. Employees whose jobs are transferred who do not wish to transfer to the receiving unit seniority group or for whom no jobs are available in the receiving unit seniority group will exercise their seniority rights in the unit seniority group in which they work. (b) When operations are to be transferred from one such unit to another such unit, the Company will notify the National International Union in writing of such transfer. Such notice will be given in advance and as promptly as the circumstances in each case permit. Plant Management will advise the Unit and/or Chairman/President at the Local Union President receiving unit as well as the unit from which the operations are being transferred of impending transfers and upon request will discuss the details, including where available, the nature of the work involved and the numbers of employees affected. The Company, at the request of the National International Union, will negotiate the advisability of transferring to the receiving unit employees who are affected by the transfer of the work. (c) In the event the parties are unable to agree on a suitable arrangement in discussions pursuant to paragraph Paragraph (b) above, the Company shall determine the number of additional employees, if any, the receiving unit will need to perform the transferred operations and will offer work at the receiving unit to employees in the unit from which the operation will be transferred in the following order: (i) Employees working on the operation; (ii) Employees working in the department; (iii) Employees working in the unitseniority group. If, within one hundred and twenty (120) days after the completion of such transfer, the number of employees needed to perform the transferred operations in the receiving unit should change, the Company, at the request of the National International Union, will discuss the advisability of adjusting the number of employees required at the receiving unit. (d) When operations are transferred pursuant to Paragraph (a), (b) or (c) above, employees working on the operations who do not wish to transfer to the receiving unit or who are not needed there shall, after exercising their seniority rights in the seniority group in which they work, be given work opportunity in accordance with Section (52)(a)(3). (e) If operations are concurrently transferred between two or more seniority groups within a unit or between two or more units represented by the Union, the number of employees to be transferred from one seniority group or unit, as the case may be, may be offset against the number of employees to be transferred to that seniority group or unit, and only the difference, if any, shall be transferred. (f) Employees transferred from one seniority group to another seniority group or from one unit to another unit as provided in this Section shall transfer with their full seniority to the receiving seniority group or unit, and their seniority in the former seniority group or unit shall terminate. (g) Employees under the Office, National Office and Clerical and Agreement or the National Engineering Agreement transferred from a bargaining unit under the one Agreement in a transfer of operations, pursuant to this Section, to another a bargaining unit under the other Agreement, shall be transferred with full seniority and their seniority in the former unit shall terminate. (c02).

TRANSFER OF OPERATIONS. (a) When operations are transferred from one unit seniority group to another unit seniority group within a Salary bargaining unit represented by the Union, the Company will determine the number of additional employees, if any, the receiving unit seniority group will need to perform the transferred operations, and employees engaged on such operations may, if they so desire and if needed in the receiving unitseniority group, be transferred to that unitseniority group. Employees whose jobs are transferred who do not wish to transfer to the receiving unit seniority group or for whom no jobs are available in the receiving unit seniority group will exercise their seniority rights in the unit seniority group in which they work. (b) When operations are to be transferred from one such unit to another such unit, the Company will notify the National International Union in writing of such transfer. Such notice will be given in advance and as promptly as the circumstances in each case permit. Plant Management will advise the Unit and/or Chairman/ President at the Local Union President receiving unit as well as the unit from which the operations are being transferred of impending transfers and upon request will discuss the details, including where available, the nature of the work involved and the numbers of employees affected. The Company, at the request of the National International Union, will negotiate the advisability of transferring to the receiving unit employees who are affected by the transfer of the work. (c) In the event the parties are unable to agree on a suitable arrangement in discussions pursuant to paragraph Paragraph (b) above, the Company shall determine the number of additional employees, if any, the receiving unit will need to perform the transferred operations and will offer work at the receiving unit to employees in the unit from which the operation will be transferred in the following order: (i) Employees working on the operation; (ii) Employees working in the department; (iii) Employees working in the unitseniority group. If, within one hundred and twenty (120) days after the completion of such transfer, the number of employees needed to perform the transferred operations in the receiving unit should change, the Company, at the request of the National International Union, will discuss the advisability of adjusting the number of employees required at the receiving unit. (d) When operations are transferred pursuant to Paragraph (a), (b) or (c) above, employees working on the operations who do not wish to transfer to the receiving unit or who are not needed there shall, after exercising their seniority rights in the seniority group in which they work, be given work opportunity in accordance with Section (52)(a)(3). (e) If operations are concurrently transferred between two or more seniority groups within a unit or between two or more units represented by the Union, the number of employees to be transferred from one seniority group or unit, as the case may be, may be offset against the number of employees to be transferred to that seniority group or unit, and only the difference, if any, shall be transferred. (f) Employees transferred from one seniority group to another seniority group or from one unit to another unit as provided in this Section shall transfer with their full seniority to the receiving seniority group or unit, and their seniority in the former seniority group or unit shall terminate. (g) Employees under the Office, National Office and Clerical and Agreement or the National Engineering Agreement transferred from a bargaining unit under the one Agreement in a transfer of operations, pursuant to this Section, to another a bargaining unit under the other Agreement, shall be transferred with full seniority and their seniority in the former unit shall terminate. (c02).

TRANSFER OF OPERATIONS. (a) When operations are transferred from one unit seniority group to another unit seniority group within a Salary bargaining unit represented by the Union, the Company Corporation will determine the number of additional employees, if any, the receiving unit seniority group will need to perform the transferred operations, and employees engaged on such operations may, if they so desire and if needed in the receiving unitseniority group, be transferred to that unitseniority group. Employees whose jobs are transferred who do not wish to transfer to the receiving unit seniority group or for whom no jobs are available in the receiving unit seniority group will exercise their seniority rights in the unit seniority group in which they work. (b) . When operations are to be transferred from one such unit to another such unit, the Company Corporation will notify the National Union in writing of such transfer. Such notice will be given in advance and as promptly as the circumstances in each case permit. Management will advise the Unit and/or the Local Union President of impending transfers and upon request will discuss the details, including where available, the nature of the work involved and the numbers of employees affected. The CompanyCorporation, at the request of the National Union, will negotiate the advisability of transferring to the receiving unit employees who are affected by the transfer of the work. (c) . In the event the parties are unable to agree on a suitable arrangement in discussions pursuant to paragraph (b) above, the Company Corporation shall determine the number of additional employees, if any, the receiving unit will need to perform the transferred operations and will offer work at the receiving unit to employees in the unit from which the operation will be transferred in the following order: (i) : Employees working on the operation; (ii) Employees working in the department; (iii) Employees working in the unit. If, within one hundred and twenty (120) days after the completion of such transfer, the number of employees needed to perform the transferred operations in the receiving unit should change, the Company, at the request of the National Union, will discuss the advisability of adjusting the number of employees required at the receiving unit. (d) Employees under the Office, and Clerical and Engineering Agreement transferred from a bargaining unit under the Agreement in a transfer of operations, pursuant to this Section, to another shall be transferred with full seniority and their seniority in the former unit shall terminate. (c02)