EXHIBIT 10(y)
Union contract dated July 24, 1996, between Everest & Xxxxxxxx Canadian Limited
and the United Steelworkers, of America on behalf of its Local 5338.
1996-1998
COLLECTIVE AGREEMENT
BETWEEN
EVEREST & XXXXXXXX
CANADIAN LIMITED
and
UNITED STEELWORKERS OF AMERICA
LOCAL 5338
COLLECTIVE LABOUR AGREEMENT
This Agreement made on 24TH of JULY 1996 between Everest and Xxxxxxxx Canadian
Limited hereinafter called "the Company" and the United Steelworkers' of America
on behalf of its Local 5338 hereinafter called "the Union".
Wherever the masculine gender appears in this Agreement, it shall also mean the
feminine gender, and vise versa, unless the context requires otherwise.
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INDEX
Article Description Page
Number Number
1 UNION RECOGNITION 5
2 MANAGEMENT RIGHTS 5,6
3 UNION SECURITY 6
4 UNION REPRESENTATION 6,7
5 PROBATIONARY EMPLOYEES 7
6 GRIEVANCE PROCEDURE 8,9
7 ARBITRATION 10
8 SENIORITY 10,11
9 LAYOFF AND RECALL 11,12
10 JOB POSTING 12,13
11 HOURS OF WORK 13,14
12 PAID HOLIDAYS 15,16
13 VACATION WITH PAY 16,17
14 LEAVE OF ABSENCE 00
00 XXXX-XX XXX 00
00 PAYMENT FOR INJURED EMPLOYEES 00
00 XXXXXXXX XXXXXX 00
00 BEREAVEMENT PAY 18
19 JURY AND WITNESS DUTY 18
20 HEALTH AND SAFETY 18,19
21 EMPLOYEE BENEFITS 19
22 SHIFT PREMIUMS 19
23 SUPPER ALLOWANCE 19
24 WAGES 19
25 DURATION OF AGREEMENT 20
SCHEDULE A JOB CLASSIFICATIONS 21,22
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ARTICLE 1 UNION RECOGNITION
1:01 The Company recognizes the Union as the sole and exclusive bargaining
representative for all hourly employees of the Company in the Township of
Xxxxxxx save and except office staff, clerical, engineering, and sales,
staff, forepeople, supervisors and all those ranked above supervisors and
those excluded by the Labour Relations Act of the Province of Ontario.
1:02 Employees not in the bargaining unit shall not perform work ordinarily
performed by bargaining, unit employees, except in the event of testing,
experimental work, training, and emergency situations including unexpected
absenteeism equipment breakdown and/or resources not available. (An
emergency situation would be a condition that could not reasonably have
been anticipated to occur during the course of normal operations or that
threatens serious consequences to the employer's operations.)
1:03 Should any of the present operations be moved to a location within fifty
(50) miles, this Agreement shall be extended to cover such operations.
1:04 The Company agrees to introduce all new employees to the Plant Chairperson
within two (2) days either individually or as a group during the work day.
The Company will provide a list to the Plant Chairperson or his designate
of all new hires weekly, with their classifications, shift, rate of pay,
and date of hire.
1:05 The existing practice of subcontracting or outsourcing of such work as
deemed necessary shall continue. However, the Company will not subcontract
or outsource work for the sole purpose of eroding the bargaining unit.
ARTICLE 2 MANAGEMENT RIGHTS
2:01 There shall be no strike, stoppage of work, picketing, boycott or willful
interference with production, transportation or distribution, by the union
nor its members, and no lockout by the Company during the term of this
Agreement.
2:02 The Company retains and shall maintain and exercise all managerial
authority and prerogatives. Without limiting the generality of the
foregoing, such functions shall include, but not be limited to the right
to: locate, alter, extend, curtail or cease operations; determine the
number and classification of employees; hire, direct, retire, promote,
demote, transfer, lay-off, suspend, discharge or discipline employees for
just cause; assign work, determine job content and qualifications of
employees; determine schedules, methods, processes and means of production
and supply; make, alter and enforce reasonable rules and regulations. The
foregoing is limited only by the express terms and provisions of this
Agreement.
2:03 The Company Will not hire any part-time employees without prior
notification to the Union.
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2:04 The Company retains the right to hire temporary, part-time assistance for
the physical inventory. Opportunity for overtime will first be offered to
full time bargaining unit employees provided they have the skill and
ability to perform said tasks.
2:05 Failure by the Company to exercise any of its management rights at any
time shall not be considered to be an abandonment of such rights.
ARTICLE 3 UNION SECURITY
3:01 The Company agrees that all employees shall become and remain members of
the Union as a condition of employment, Membership, for this purpose, will
be deemed to mean the payment of Union dues in accordance with article
3:02 unless the employee is on lay-off and therefore not in a position to
pay union dues.
3:02 The Company shall deduct from the weekly pay of each employee an amount
equivalent to the Union dues set out in the Union Constitution. The total
sum so deducted will be forwarded to the Financial Secretary of the Local
Union on or before the 15th day of the month following, payable to the
United Steelworkers of America-International Treasurer.
3:03 The Union agrees to indemnify and save the Company harmless against all
claims or other forms of liability that may arise out of, or by reason of,
deductions made or payments made in accordance with this Article.
3:04 The Company agrees to record total union dues deductions paid by each
employee on his/her T-4 Income Tax Receipt.
ARTICLE 4 UNION REPRESENTATION
4:01 No person shall engage in any Union activity during working hours or on
Company property except as specifically authorized by this Agreement.
4:02 The Union will continue to support the Company in its efforts to eliminate
waste; to improve workmanship, to prevent accidents and promote goodwill
amongst the Company and its employees.
4:03 The Company acknowledges the right of the Union to appoint or otherwise
select Union Stewards for the purpose of representing employees in the
handling of complaints and grievances.
4:04 The Company agrees to recognize one (1) Union Xxxxxxx for each fifteen
(15) employees, plus one xxxxxxx on each shift other than regular day
shift. The Company will recognize a Union Xxxxxxx at any location that is
covered by this Collective Agreement.
4:05 The Company shall be notified by the Union of the names of the Stewards
and the areas they are representing and any changes made thereto.
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4:06 The Company agrees to recognize and deal with a Union Grievance Committee
of not more then two (2) employees plus the Local Chairperson,
4:07 A Grievance Committee person or Xxxxxxx shall be required to receive
permission from his\her supervisor before leaving their work station
and\or department. Permission will not be unreasonably withheld for
attendance at grievance meetings and permission may be given for other
Union business provided it can be accommodated with operations and is for
a brief period.
4:08 (a) The Company agrees to recognize and deal with a negotiating committee
of not more than three employees plus the Plant Chairperson, who shall be
regular employees of the Company, along with the representative of the
International Union,
(b) The Negotiating Committee is a separate entity from all other
committees and will deal only with matters related to negotiations,
including proposals for the modification and/or renewal of this
Collective Agreement.
ARTICLE 5 PROBATIONARY EMPLOYEES
5:01 An employee shall be classed as a probationary employee until he\she
has completed ninety (90) calendar days. If an employee is absent
from work, the employee's probationary period shall be extended by
the period of such absence. Upon successful completion of the
probationary period, the employee will receive seniority backdated
to their original date of hire and will become eligible for benefits
in Article 21. Until an employee has acquired seniority, the Company
may terminate, discipline, layoff or failure to recall after layoff
a probationary employee and such action shall not be subject to the
Grievance or Arbitration Procedure.
ARTICLE 6 GRIEVANCE PROCEDURE
6:01 (a) The Company acknowledges the right of the Union to appoint or
otherwise select a grievance committee of up to two (2) employees
and the Local Chairperson. Only members of the grievance committee
and the employee or employees concerned may appear to process a
grievance, except in the case of the dispute involving a question of
the general application or the interpretation of the Agreement when
only the grievance committee shall process the grievance.
(b) The Company will not be required to consider any grievance which is
not presented within (10) working days after the griever or the
Union first became aware of the alleged violation of the Agreement.
(c) If final settlement of the grievance is not reached at Step three,
then the grievance may be referred in writing by either party to
Arbitration as provided in Article 7- Arbitration within fifteen
(15) days after the receipt of the response to the Step three
procedure.
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(d) When two or more employees wish to file a grievance rising from the
same alleged violation. of this Agreement, such grievance may be
handled as a group grievance and presented to the Company beginning
at Step two of the grievance procedure.
(e) The Union and the Company shall have the right to initiate a policy
grievance at Step three of the grievance procedure, and all
provisions of the grievance and arbitration procedures shall apply
to such grievances.
(f) The time allowances provided in this Article may be extended by
mutual agreement between the parties in writing.
If the time allowance or any extension therefore, is not observed by
the party who it has alleged has violated the Agreement, the
grievance will be considered as advanced to the next step of the
grievance procedure including arbitration,
(g) A claim by an employee that he\she has been discharged or suspended
without just cause shall be a proper subject for a grievance, if a
written statement of such grievance is lodged at Step three (3) of
the grievance procedure within ten (10) working days after the
employee receives notice that he\she has ceased to work for the
Company or returns to work after a suspension as the case may be,
(h) When an employee has been suspended or dismissed, the Union will be
notified concurrently with any disciplinary action being taken.
(i) Disciplinary notices which form part of the employee's record shall
be withdrawn from the employee's file after eighteen (18) months
from date of issue except in cases of innocent absenteeism.
(j) The Company agrees that persons who are required to take part in
grievance meetings shall not suffer loss of pay for time spent in
such meetings.
6:02 (a) it is the mutual desire of the parties hereto that any
alleged violation of this Agreement, including its application and
interpretation, shall be settled as quickly and reasonably as
possible, using the following procedure:
(b) Step 1:
The aggrieved employee shall, within ten (10) working days after the
grievance first arises, discuss the problem with his\her supervisor,
and failing a resolution, submit the grievance in writing with
assistance from his/her Union Xxxxxxx, should the employee so
request, to the Chairperson of the Union Grievance Committee, and
shall affix his\her signature. If the supervisor fails to respond
within forty eight (48) hours the grievance will automatically move
to Step 2 of the grievance procedure,
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(c) Step 2:
If the Grievance Committee of the Union considers the grievance to
be justified, the griever(s) concerned, together with Grievance
Committee (or part thereof) submit the grievance in writing to the
Superintendent or Manager within three (3) working days of the
response to Step 1.
The Superintendent or Manager shall respond to the grievance within
three (3) working days of receiving it.
(d) Step 3:
If necessary, the grievance will be submitted to the Manager of
Manufacturing or the Sales\Marketing Manager within a further three
(3) working days and a meeting shall be convened with the griever(s)
and the Union Grievance Committee, the Field Staff Representative
and the appropriate members of management in a further attempt to
resolve the grievance. The Manager will respond within three (3)
working days in writing to the Union.
ARTICLE 7 ARBITRATION
7:01 Where a grievance has not been resolved at Step 3 of the grievance
procedure, it may be referred to arbitration by either party within
fifteen (15) days of the receipt of the response to Step three procedure.
7:02 The arbitration procedure incorporated in this agreement shall be based on
the use of a single arbitrator, selected on a rotating basis from the
following panel of the four (4) arbitrators.
(1) X.X. Xxxxx
(2) X. Xxxxxx
(3) X. Xxxxxxx
(4) X. Xxxxxx
These arbitrators shall act singly, and in rotation with respect to each
successive grievance that is referred to arbitration. Should any
arbitrator be unable to hear a grievance within sixty (60) calendar days
after the grievance has been referred to him or her, then that arbitrator
will be passed over to the next in line,
7:03 Each of the parties will bear its own expenses with respect to any
arbitration proceedings. The parties will bear an equal share of the
expenses of the arbitrator.
7:04 The arbitrator shall not be authorized nor shall the arbitrator assume
authority to alter, modify or amend any part of this Agreement, nor make
any decision inconsistent with the provisions thereof, or deal with any
matter not covered by this Agreement.
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ARTICLE 8 SENIORITY
8:01 Seniority shall mean the length of continuous employment within the
bargaining unit since the last date of hire.
8:02 Seniority shall be completely lost and an employee shall cease to be
employed by the Company if an employee:
(a) quits, retired, or;
(b) is discharged and the discharge is upheld,or;
(c) is laid off work for a period of time equal to or greater
than the employees accumulated seniority since the last
date of hire to a maximum of eighteen (18) months , and a
maximum of twenty four (24) months with less than two (2)
years seniority, two (2) or more years of seniority, or;
(d) is recalled to work and fails to report within three (3)
working days from receipt Of notice to return to work has
been issued to their last known address, or; (0) is absent
without authorization for a period of three (3) working
days.
8:03 Seniority shall be maintained and accumulated during: (a) absence due to
occupational accident to a maximum cumulative total of twenty- four (24)
months, and extensions may be granted on a case by case basis. employees
seniority, (b) Non-occupational accident or illness causing absence equal
to the but not exceeding eighteen (I 9) months.
8:04 Persons on lay-off will be considered to have status only by reason of
their right to recall and their rights under this Article and Article I 1
and 12. No other rights under Article 9 will flow to a laid off person
under this Agreement unless otherwise specifically stated.
8:05 The Company will post the seniority list every six (6) months.
8:06 An employee with seniority rights who is promoted to a non bargaining unit
position shall retain bargaining unit seniority which was accumulated at
the time he/she was promoted to any non-bargaining unit position. However,
all time spent working in such a non-bargaining unit position will not
accumulate bargaining unit seniority.
During tel initial six (6) months immediately following the date of such
promotion, the promoted employee shall retain a one-time right of re-entry
into the bargaining unit in tel event of demotion or should the employee
change his/her mind and wish to return to an hourly bargaining unit job.
The one-time right of return with prior seniority rights expires after six
(6) months from tel date of the promotion. This policy will not be
deviated from except where there is mutual agreement between the Union and
the Company.
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8:07 The Plant Chairperson and Chief Xxxxxxx will be retained in employment
without regard to seniority, provided there is work available in which
they are qualified and willing to perform.
ARTICLE 9 LAYOFF AND RECALL
PREAMBLE: In recognition of the responsibility of management for the
efficient operation of the plant, it is understood and agreed that
management shall have the right to pass over any employee who does not
have the skill and ability to perform tel work available.
9:01 In the case of a reduction in the workforce, the Company shall give
consideration to the following factors:
1) Seniority
2) Skill and Ability
3) Efficiency of Operations
Seniority will be the determining factor when, in the judgement of the
Company, two (2) candidates are equally qualified.
9:02 Employees on layoff will be called back in inverse order, provided they
can perform the available work efficiently. Recalled employees will be
notified by registered mail or telegram sent to their last address
available on Company's records.
In the event an individual is unable to report to work as directed because
of illness, and provides satisfactory medical evidence of such illness,
the affected person will not lose his\her recall rights.
9:03 Whenever it becomes necessary to reduce the work force, the Company shall
use its best efforts to provide the employee affected with two (2) working
days notice in writing in advance of the date of layoff. Layoffs shall
occur following a normal work week of forty (40) hours.
ARTICLE 10 JOB POSTING
PREAMBLE: In recognition of the responsibility of management for the
efficient operation of the plant, it is understood and agreed that
management shall have the right to pass over any employee who does not
have the skill and ability to perform the work available.
10:01 (a) Permanent job vacancies in new or existing jobs shall be posted on the
main bulletin board for a period of three (3) working days prior to
filling the job vacancy. Employees desiring consideration must sign the
job posting, once the Posting is removed a copy will be given to the Plant
Chairperson. The Company shall use its best efforts to respond within
three (3) work days after the posting has been removed.
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(b) Awardees will be given appropriate training.
10:02 Job vacancies will be filled considering the following factors:
1) Seniority
2) Skill and Ability
3) Efficiency of Operations
Seniority will be the determining factor when, in the judgement of the
Company, two (2) candidates are equally qualified.
10:03 A successful applicant shall not be allowed to bid for a posted vacancy
for a period of six (6) months after he/she has been accepted for a job
vacancy except where there is mutual agreement between the Union and the
Company.
10:04 A position in Group 1 or Group 2 in schedule A which is available and is
filled by a person transferred from within the group, will not be a posted
vacancy.
10:05 An employee who is temporarily transferred to meet the Company's
convenience to another job for which the regular rate is less than that
which the employee is receiving, shall retain hider former rate. If such
transfer is to a job with a higher rate, the employee will receive the
higher rate. Temporary transfers shall not exceed thirty (30) work days
without mutual agreement between the Union and the Company. Temporary
transfers due to leave of absence are not bound by the thirty (30) day
restriction. The Plant Chairperson shall be informed of all temporary
transfers,
10:06 An employee who is temporarily transferred from his\her regular job due to
lack of work shall be paid the rate of pay for the job to which he\she is
transferred provided the time
spent on the job exceeds two (2) shifts.
ARTICLE 11 HOURS OF WORK
11:01 The normal work week for all employees shall be forty (40) hours made up
of five (5) days of eight (8) hours each, Monday through Friday. The weeks
shall began at 12:01 A.M. Monday.
Normal scheduled shifts will be: For the day shift: from 7:30 A.M. to 4:00
P.M. For the afternoon shift: from 4:00 P.M. to 12:00 A. M. Midnight.
Other shifts may be established according to the requirements of the
operation. In such cases the Company will discuss said changes with the
Union prior to the implementation of such schedule.
11:02 Lunch periods shall be one-half (1/2) hour unpaid,
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11:03 All authorized work performed by an employee prior to or beyond the normal
eight (8) daily scheduled hours, shall be paid at the rate of time and one
half (1 1\2) the employees basic hourly rate.
11:04 Any authorized work performed in excess of forty (40) hours per week,
shall be paid at the rate of time and one-half hour(I 1\2) the employee's
basic hourly rate, Any authorized work performed on a Saturday or Sunday
will be paid at the rate of one and a half (1 1/2) times the employees
regular rate of pay.
11:05 Nothing in this Article shall be construed to mean a guarantee of hours of
work per day or days per week.
11:06 Employees shall be allow a five (5) minute wash up prior to the end of
each shift. There will be no penalty for early punch out within the five
(5) minute period.
11:07 There shall be no pyramiding of overtime rates. It is also agreed that
overtime and other premiums shall not be paid more than once for any hour
worked.
11:08 Employees shall be permitted a fifteen (I 5) minute rest period
approximately midway through each half shift, Employees who work two (2)
hours overtime or more will be allowed a fifteen (15) minute rest period
at the beginning of each two (2) hour period worked.
11:09 Overtime work shall be on voluntary basis, and it is mutually agreed that
overtime shall be distributed as equitably as possible among the employees
who normally perform the work in the department. Should the Company not be
able to get the required numbers of volunteers, they shall then schedule
the most junior employee within the department who is able to perform the
work. The Company and the Union agree that overtime is not the desire of
both parties, therefore it is agreed that when there are bargaining unit
members on layoff the Company will make every effort to keep overtime to a
minimum,
11:10 Hours of overtime worked by each employee will be available to the Union
monthly.
11:11 The Company will agree to give twenty-four (24) hours notice for overtime
work where possible.
11:12 The Company agrees to give affected employees and the Union thirty (30)
calendar days notice of any change in the starting and stopping times of
employees work schedules, unless business requirements preclude the
Company from so doing,
ARTICLE 12 PAID HOLIDAYS
12:01 Employees shall receive eight (8) hours pay at the basic straight time
rate of pay for each of the following holidays, subject to the provisions
set out below:
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NEW YEARS DAY LABOUR DAY
GOOD FRIDAY THANKSGIVING DAY
VICTORIA DAY CHRISTMAS DAY
CANADA DAY BOXING DAY
CIVIC DAY FLOATING HOLIDAY
12:02 In order to qualify for Statutory Holiday pay, an employee must have
worked the last scheduled shift prior to, and the next scheduled shift
after such holiday, except for reasons acceptable to the Company.
12:03 To qualify for statutory holiday pay, a new employee must have been on the
company's payroll continuously for a period of ninety (90) calendar days
prior to the holiday.
12:04 An employee who is scheduled to work on a Statutory Holiday and does not
work, shall receive no pay unless the employee gives a reason for not
working which is satisfactory to the Company.
12:05 Statutory holidays falling on a Saturday or Sunday, and July I st. holiday
will be recognized on the nearest Monday unless otherwise agreed.
Regarding the designated Floating Holiday, each December the Company will
provide a list of potential Floating Holiday alternatives for the next
year time frame which do not conflict with key production or shipping days
of the Company. Such list will then be voted on by all employees. The
alternative day receiving the most votes will become the designated
Floating Holiday to be celebrated during the next year.
12:06 When any Statutory holiday are observed during an employee's scheduled
vacation period, he\she shall receive holiday pay as per Article 12:01
above, and will receive an additional day off at a mutually convenient
time.
12:07 An employee will not be able to receive holiday pay if the employee has
not earned wages during the four (4) weeks immediately preceding the
holiday.
ARTICLE 13 VACATIONS WITH PAY
13:01 All earned vacations must be taken at a mutually agreeable time except
during the annual shut down when employees not required during the
shutdown will take this as vacation time.
13:02 Vacations must be taken during the calendar year in which they become due
and cannot be postponed or carried over from year to year.
13:03 The vacation period commences from the I st of July to the 30th of June
and is granted as follows.
An hourly employee who has completed one (1) year of service as of June
30th of vacation year shall be entitled to two (2) week's vacation with
pay; 5 years or more of
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service as of June 30th of the vacation year shall be entitled to three
(3) week's vacation with pay; 12 years or more of service as of June 30th
of vacation year shall be entitled to four (4) week's vacation with pay;
25 years or more of service as of June 30th of the vacation year shall be
entitled to five (5) week's vacation with pay.
Vacation pay shall be four percent (4%) for those entitled to two (2)
weeks vacation; six percent (6%) for those entitled to three (3) weeks
vacation; eight percent (S%) for those entitled to four (4) weeks
vacation; ten percent (10%) for those entitled to five (5) weeks vacation:
of the employee's gross earning for the prior year.
13:04 Vacation scheduling will take place during the month of March.
Opportunities for vacation times will be given in the following order. (1)
Those required to take the vacation shut down period, (2) Employees who
have remaining vacation, by seniority, and in accordance with Article
13-101 above.
13:05 Pay for earned vacation will be given to the employee at the time of the
scheduled vacation.
13.06 An employee who is hospitalized because of sickness or accident while on
scheduled vacation will be considered as being on sick leave during the
period of such illness, Vacation time lost while in the hospital may be
rescheduled at a future date to be mutually agreed upon, The Company has
the right to ask for medical evidence of hospitalization,
ARTICLE 14 LEAVE OF ABSENCE
14:01 An employee may apply in writing for leave of absence without pay if
submitted at least (10) working days in advance of the date of the
requested leave. Such leave of absence may be granted at the discretion of
the Company and will be confirmed in writing, Such leaves will not be
unreasonably withheld. Such leaves will not be longer than three (3)
months and seniority will continue to accrue during this period. The
Company may also grant an employee continuation of his/her benefits if the
employee bears the total cost.
14:02 The Plant Chairperson of the Union will be notified of all leaves granted
under this section.
14:03 The Company agrees to pay any employee who has been granted a leave for
Union business which is not paid for by the Company and the Union shall
reimburse the Company for such wage payment upon receipt of a monthly
statement. Such leave of absence shall be authorized by the Union in
advance of the leaves.
14:04 The Company shall follow the Employment Standards Act and any other
relevant legislation with respect to Maternity and Parental Leaves.
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14:05 The Company agrees to allow leave of absence without loss of pay or
benefits of up to eight (8) hours to employees who wish to become a
Canadian Citizen. Such time off work shall be paid after verification is
received by the Company that such person did apply and receive his\her
Canadian Citizenship,
14:06 The Company agrees to grant an employee leave of absence without pay for
up to one year to work in an official capacity for the Union, provided
such request is made by an authorized representative of the Union.
14:07 The authorized Negotiating Committee will be given leaves to attend
negotiating sessions. Such leaves will not be unreasonably withheld.
14:08 Employees to a maximum of three (3), provided production is not. adversely
affected, who have been elected or appointed by the Union to attend Union
Conventions and Conferences or other Union Business may be granted a leave
of absence Without pay by the Company. The Union shall notify the Company
in writing as early as possible prior to the start of the leave, but. not
less then fourteen (14) days, of the names of the members requiring the
leave.
ARTICLE 15 CALL-IN-PAY
15:01 An employee called for work outside of his\her regular working hours shall
be paced: 1) Four (4) hours appropriate overtime rating. 2) The provisions
above shall not apply when an employee is called to work immediately prior
to the start or immediately following the end of his\her scheduled shift.
In all such cases, the employee shall receive his\her appropriate overtime
rate.
ARTICLE 16 PAYMENT FOR INJURED EMPLOYEES
16:01 In the event that an employee is injured in the performance of his\her
duties, he\she shall, to the extent that he\she is required to stop work
and receive treatment, be paid for wages the remainder of his\her shift.
If it is necessary, the Company will provide, or arrange for, suitable
transportation for employee to the doctor or hospital and back to plant
and\or to his\her home as necessary.
ARTICLE 17 BULLETIN BOARDS
17:01 The Company agrees to provide Bulletin Boards in areas accessible to
employees for the purpose of posting meeting notices and official Union
information. All notices so posted will be authorized in advance by the
Manufacturing Manager or his\her designate.
ARTICLE 18 BEREAVEMENT PAY
18:01 The Company agrees that when an employee is absent from work due to death
in the immediate family, he\she will be granted three (3) days leave with
pay. In the event that travel is required beyond a distance of 500
kilometers, the Company will grant two (2)
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extra days leave with pay, Immediate family is deemed to mean: spouse,
son, daughter, mother, father, adoptive parents, sister, brother, brother
or sister-in law, mother or father-in-law, grandparents, or grandchildren.
ARTICLE 19 JURY AND WITNESS DUTY
19:01 An employee shall be granted leave of absence with pay at his\her regular
hourly rate, for the normally scheduled number of hours the employee would
have other-wise worked for the purpose of serving jury duty, or as a
material witness subpoenaed by the Crown. Provided that the employee shall
reimburse the Company to the full amount of jury pay or witness fees
excluding the expense allowance received.
ARTICLE 20 HEALTH AND SAFETY
20:01 The Company and the Union agree that they mutually desire to maintain high
standards of health and safety in the plant in order to prevent injury and
illness. The Company, the Union and the employees agree that the
Occupational Health and Safety Act is binding on them and any allegation
of breach will be processed in accordance with the Act.
20:02 The Company will recognize a Safety Committee composed of four (4) Company
and four (4) Union appointees. This committee will meet monthly, and
inspect the operations to determine any unsafe practices or conditions.
20:03 The Company will provide a safety footwear allowance of $60.00 effective I
Jan 1997 and $65.00 effective I Jan 1998. The safety footwear must be
purchased by the vendor chosen by the Company. Safety footwear will be
worn by all employees while at work.
20:04 The Union Co-Chairperson of the Occupational Health and Safety Committee
will accompany the Department of Labour Inspectors on his\her regular
tours of the premises and shall receive copies of any reports sent to the
Company pertaining to these inspections,
ARTICLE 21 EMPLOYEE BENEFITS
21:01 Life insurance, AD&D, Dental Plan, and Supplementary Health Plan will be
continued as they were before this Agreement. The Company will pay the
premiums.
The Sick Days Programme and the Pension Plan will also continue to operate
as they were before this Agreement.
ARTICLE 22 SHIFT PREMIUMS
22:01 Employees assigned to shifts beginning after 3:00 P.M. will be paid a
shift premium of forty-five cents ($.45) per hour for each hour worked on
that shift.
17
ARTICLE 23 SUPPER ALLOWANCE
23:01 Employees who work more two (2) hours overtime shall be entitled to six
dollars ($6.00) supper allowance.
ARTICLE 24 WAGES
24:01 Wages will be paid as per Schedule A with the exception of the thirty-one
(31) red circled employees who are above the job rate as of the date of
ratification.
Effective July 24, 1996 $.20 cents
Effective July 24, 1997 $.22 cents
ARTICLE 25 DURATION OF AGREEMENT
25:01 This agreement shall become effective 24 July, 1996 and shall remain in
effect until 24 July 1998 and shall thereafter continue for a period of
one (1) year unless either party notices, in writing, to the other party
within ninety (90) days prior to its expiration date that is desires
revisions, modifications, or terminations of this agreement at its
expiration date.
FOR THE COMPANY FOR THE UNION
______________ ___________________
XXX XXX XXXXXX XXXXX XXXXXX
PRESIDENT, CEO UNION COMMITTEE PERSON
_________________ ___________________
XXXXXX X. XXXXXXXXXX DOLTON XXXXXXX
EXEC. DIR. HUMAN UNION COMMITTEE PERSON
RESOURCES
______________ ___________________
XXXXX XXXXXXX XXXXXXX XXXX
LOGISTICS MANAGER UNION COMMITTEE PERSON
____________________
XXXX DE PAULO
USWA STAFF REPRESENTATIVE
DATED 2ND DAY OF AUGUST, 1996,
18
SCHEDULE A
Effective Effective
July 24, 1996 July 24, 1997
------------- -------------
Prob. Rate Job Rate Prob. Rate Job Rate
Group 1
Custodian 9.20 10.20 9.42 10.42
Entry Level 9.20 10.20 9.42 10.42
Machine Operator 9.20 10.20 9.42 10.42
Material Handler 9.20 10.20 9.42 10.42
Sub Assembler 9.20 10.20 9.42 10.42
Group 2
Electrical Assembler 10.20 11.20 10.42 11.42
Final Assembler 10.20 11.20 10.42 11.42
Packer 10.20 11.20 10.42 11.42
Punch Press Operator 10.20 11.20 10.42 11.42
Upholstery Assembler 10.20 11.20 10.42 11.42
Wheel Assembler 10.20 11.20 10.42 11.42
Whse. Order Picker 10.20 11.20 10.42 11.42
Group 3
Assistant Shipper 10.95 11.95 11.17 12.17
Auto Brazer 10.95 11.95 11.17 12.17
Fork Lift Driver 10.95 11.95 11.17 12.17
Powder Painter 10.95 11.95 11.17 12.17
Power Assembler 10.95 11.95 11.17 12.17
Quality Control Inspector 10.95 11.95 11.17 12.17
Ram Xxxxxx/Set Up Operator 10.95 11.95 11.17 12.17
Receiver 10.95 11.95 11.17 12.17
Service Parts 10.95 11.95 11.17 12.17
Sewing Machine Operator 10.95 11.95 11.17 12.17
19
LETTER OF AGREEMENT
August 2, 1996
BENEFIT PROGRAMS
This "Letter of Agreement" confirms mutual understanding between the Company and
the Union that upon consummation of the acquisition of all of the shares of the
Company by Xxxxxx-Field Health Products, Inc., a review of the benefit programs
will be undertaken. The Company agrees that the benefits offered to the
employees will be, in the aggregate, equal to the value of the benefits
currently provided. The Company will discuss any proposed changes to the
benefits structure with the Union.
Notwithstanding anything to the contrary contained in this agreement, the
benefits and plans of insurance referred to above are qualified in their
entirety by reference to the underlying policies and contracts of insurance or
statutes or regulations. The terms of any contract, statute or regulation in
respect thereof by any insurance agency or governmental agency shall be
controlling in all matters pertaining to the existence of and extent of benefits
and conditions.
The undersigned agree with the terms of the above letter.
FOR THE COMPANY FOR THE UNION
XXX XXX XXXXXX XXXXX XXXXXX
PRESIDENT AND CEO UNION COMMITTEE PERSON
XXXXXX X. XXXXXXXXXX DOLTON XXXXXXX
EXEC. DIR. HUMAN UNION COMMITTEE PERSON
RESOURCES
XXXXX XXXXXXX XXXXXXX XXXX
LOGISTICS MANAGER UNION COMMITTEE PERSON
XXXX DE PAULO
USWA STAFF REPRESENTATIVE
20
LETTER OF AGREEMENT
August 2, 1996
UNION REPRESENTATION
This "Letter of Agreement" confirms mutual understanding between the Company and
the Union that the Company will provide the Union with access to a filing
cabinet and a telephone for local calls at the Company's facility covered by the
current Collective Agreement.
The undersigned agree with the terms of the above letter.
FOR THE COMPANY FOR THE UNION
XXX XXX XXXXXX XXXXX XXXXXX
PRESIDENT AND CEO UNION COMMITTEE PERSON
XXXXXX X. XXXXXXXXXX DOLTON XXXXXXX
EXEC. DIR. HUMAN UNION COMMITTEE PERSON
RESOURCES
XXXXX XXXXXXX XXXXXXX XXXX
LOGISTICS MANAGER UNION COMMITTEE PERSON
XXXX DE PAULO
USWA STAFF REPRESENTATIVE
21
