TRANSLATION COLLECTIVE LABOUR AGREEMENT between PIONEER TRANSFORMERS LTD. (hereinafter the “Company”) Of the first part and THE STEELWORKERS UNION On behalf of Local 9414 (hereinafter the “Union”) Of the second part JUNE 1, 2005 – MAY 31, 2010
Exhibit
10.16
TRANSLATION
between
PIONEER
TRANSFORMERS LTD.
(hereinafter
the “Company”)
Of
the first part
and
THE
STEELWORKERS UNION
On
behalf of Local 9414
(hereinafter
the “Union”)
Of
the second part
JUNE
1, 2005 – MAY 31, 2010
TABLE
OF CONTENTS
Page | |||
ARTICLE 1 – PURPOSE OF
AGREEMENT
|
1
|
||
ARTICLE 2 – UNION
RECOGNITION
|
1
|
||
ARTICLE 3 – DISCRIMINATION
|
1
|
||
ARTICLE 4 – MANAGEMENT
|
1
|
||
ARTICLE 5 – UNION SECURITY
|
2
|
||
ARTICLE 6 – GRIEVANCE
PROCEDURE
|
2
|
||
ARTICLE 7 – DISMISSAL AND SANCTION
PROCEDURE
|
4
|
||
ARTICLE 8 – SENIORITY
|
5
|
||
ARTICLE 9 – AUTHORIZED
LEAVE
|
10
|
||
ARTICLE 10 – SAFETY AND
HYGIENE
|
11
|
||
ARTICLE 11 – BULLETIN BOARD
|
13
|
||
ARTICLE 12 – COPIES OF AGREEMENT POCKETBOOK
FORM
|
13
|
||
ARTICLE 13 – UNION
REPRESENTATIVES
|
14
|
||
ARTICLE 14 – GRIEVANCE COMMITTEE AND
STEWARDS
|
14
|
||
ARTICLE 15 – HANDICAPPED
EMPLOYEES
|
14
|
||
ARTICLE 16 – UNINTERRUPTED
PRODUCTION
|
14
|
||
ARTICLE 17 – WORKING HOURS
|
14
|
||
ARTICLE 18 – ATTENDANCE
ALLOWANCE
|
15
|
||
ARTICLE 19 – SALARIES AND
CLASSIFICATIONS
|
16
|
||
ARTICLE 20 – TEMPORARY
TRANSFER
|
17
|
||
ARTICLE 21 – OVERTIME
|
17
|
||
ARTICLE 22 – SHIFT PREMIUM
|
18
|
||
ARTICLE 23 – STATUTORY
HOLIDAYS
|
18
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||
ARTICLE 24 – VACATION
|
19
|
||
ARTICLE 25 – BEREAVEMENT
LEAVE
|
20
|
||
ARTICLE 26 – INSURANCE PLAN
|
20
|
||
ARTICLE 27 – INSURANCE AND TRAVEL
EXPENSES
|
21
|
||
ARTICLE 28 – TECHNOLOGICAL
CHANGES
|
21
|
||
ARTICLE 29 – TERM OF AGREEMENT: 5
YEARS
|
21
|
-i-
TABLE
OF CONTENTS
(continued)
Page | |||
Schedule A-1
|
–
|
Classifications and Rates of
Salary
|
23
|
Schedule A-2
|
–
|
Classifications and Rates of Salary – Employees
Concerned by
|
|
Section 19.06
|
24
|
||
Schedule A
|
–
|
Increases In rates of
salary
|
25
|
Schedule B
|
–
|
Group Insurance Plan
|
26
|
Schedule B
|
–
|
Group Insurance Plan
|
27
|
Schedule C
|
–
|
LETTER AGREEMENT
|
28
|
Schedule C
|
–
|
LETTER AGREEMENT MEDICAL
REPORT
|
29
|
Schedule C
|
–
|
LETTER AGREEMENT EDUCATION
ASSISTANCE
|
30
|
Schedule C
|
–
|
LETTER AGREEMENT BARGAINING
COMMITTEE
|
31
|
Schedule C
|
–
|
LETTER
AGREEMENT SUBCONTRACTING
|
32
|
Schedule D
|
–
|
PENSION PLAN
|
33
|
Schedule E
|
–
|
LETTER
AGREEMENT STUDENTS
|
36
|
Schedule F
|
–
|
LETTER
AGREEMENT TRAINING
|
37
|
Schedule G
|
–
|
LETTER AGREEMENT COMPRESSED
SCHEDULE
|
38
|
-ii-
ARTICLE 1 – PURPOSE OF
AGREEMENT
1.01
|
The
parties agree that it is mutually beneficial and desirable to establish
and maintain fair and just salaries, wages and working conditions to
achieve efficient and cost-effective operations, protect the security and
hygiene of the employees and provide for a mechanism to settle any
grievances that may arise between the parties
hereto.
|
ARTICLE 2 – UNION
RECOGNITION
2.01
|
The
Company recognizes the Union as the sole and exclusive bargaining agent
for all its employees in accordance with the union accreditation
certificate issued by Commission des Relations du Travail on January 11,
1967 covering all the employees (paid by the hour) who work at the Granby
plant who are employees as understood in the Labour Code, except for the
office employees and
assistant-foremen.
|
2.02
|
The
clauses and conditions set out in this agreement shall be in force and
shall fully apply to all the employees in the bargaining unit as described
in the preceding section.
|
2.03
|
Persons
whose regular position is excluded from the bargaining unit shall not work
in any position included in the bargaining unit, except for purposes of
instruction, experimentation, in an emergency or when the regular
employees are not available.
|
ARTICLE 3 –
DISCRIMINATION
3.01
|
The
Company and the Union agree that no employee shall be discriminated
against or intimidated because of his membership or non-membership in the
Union, or because of his colour, gender, religion or affiliation with a
legitimate political party or for any other reason
whatsoever.
|
3.02
|
Furthermore,
the Union agrees that neither its officers nor its members shall solicit
membership in the Union or participate in any other Union activity except
as set out in this agreement on Company property or during working hours
unless management grants permission to take part in such
activities.
|
3.03
|
The
Company shall not use its workforce management rights in a discriminatory
manner.
|
ARTICLE 4 –
MANAGEMENT
4.01
|
The
Union agrees that the Company has the right to manage its business and
direct its work force subject to the provisions of this
agreement.
|
For
greater certainty but without limiting the generality of the foregoing, such
rights include:
|
a)
|
maintaining
order, discipline and efficiency;
|
-1-
|
b)
|
hiring,
classifying, promoting and demoting, granting and taking away grades,
rotating, laying off, recalling and transferring employees and, for just
and sufficient cause, suspending, dismissing and disciplining
them;
|
|
c)
|
determining
the products to be manufactured;
|
|
d)
|
deciding
on the production methods and schedules, the types and location of the
equipment, machines and tools to be utilized and, from time to time, the
number of employees the Company requires for any
operation;
|
|
e)
|
determining
whether an individual has the necessary skills and meets the requirements
for a specific job, subject to the provisions of this agreement and the
seniority clause. The Company’s determination of an employee’s
aptitude and ability to fill the requirements of a job shall be made
objectively; and
|
|
f)
|
hiring
qualified employees when necessary to expand the scope of its products and
its work force, either due to the creation of new positions or new job
classifications or because there are no qualified employees available to
do the work.
|
ARTICLE 5 – UNION
SECURITY
5.01
|
a)
|
It
is established that as a condition of employment, all employees must
become and remain Union members in good standing. New employees
and employees who are rehired or recalled shall become Union members
within ninety (90) business days during the six (6) month period following
their date of hire.
|
|
b)
|
The
employer agrees to make weekly deductions from each employee’s salary for
the Union dues, initiation fees and special assessments currently in force
pursuant to the Union’s charter in the amounts specified by the
Union.
|
5.02
|
It
is understood and agreed that the Union shall indemnify the Company and
hold it harmless for any claims that may be made against it by one or more
employees for the amounts deducted pursuant to this
Article.
|
5.03
|
The
T4 and Relevé 1 slips shall
indicate the total amount of the Union contributions the employee has paid
in the year.
|
ARTICLE 6 – GRIEVANCE
PROCEDURE
6.01
|
An
employee and his xxxxxxx may discuss any grievance with the immediate
supervisor. In the employee’s absence, the xxxxxxx may discuss
the grievance or, in the xxxxxxx’x absence, the employee may be
accompanied by another employee in an emergency. The supervisor
must inform the xxxxxxx or the employee of his decision within one (1)
business day or within a mutually agreed time
frame.
|
6.02
|
If
a settlement cannot be reached under 6.01 above, the grievance shall be
stated in writing and presented to the Director of Operations or his
representative within ten (10) business days of the date the cause of
action arose. Notwithstanding that deadline, the parties agree
that all reasonable efforts shall be made to present a grievance as soon
as possible within less than such ten (10) business days so as to settle
the grievance as quickly as
possible.
|
-2-
6.03
|
The
Director of Operations shall hold a meeting with the Union’s grievance
committee, which may be accompanied by representatives from the
International Union, within four (4) business days of the presentation of
the grievance.
|
The
Director of Operations shall inform the Union and the employee or employees
concerned of his decision in writing within five (5) business days of the
meeting or within a mutually agreed time frame.
6.04
|
The
Union shall be entitled to file collective grievances or grievances of a
general nature In accordance with 6.02 above. Similarly, the
Employer may file a grievance by addressing the Union office
directly.
|
6.05
|
If
a grievance is not settled pursuant to the foregoing sections of this
Article, either party may give the other written notice of its intention
to refer the grievance to arbitration in accordance with Section 100 of
the Labour Code of Province of Quebec, within thirty (30) days of the
decision by the Director of Operations or his
representative.
|
6.06
|
The
procedure and deadlines established under the provisions of Article 6 of
this agreement shall be firm and may not be amended except pursuant to a
written agreement between the authorized representatives of the parties in
question.
|
6.07
|
a)
|
The
arbitrator shall hear and resolve the grievance and render an award which
shall be final and binding on the parties in question and any concerned
employee, but in no event shall the arbitrator have the authority to
change, modify or amend any part of this
agreement.
|
|
b)
|
In
a disciplinary matter, confirm, modify or overturn the employer’s decision
and, where applicable, substitute such decision as appears to him to be
fair and reasonable in view of all the circumstances of the
case.
|
6.08
|
At
every stage of the grievance procedure, including arbitration, the
opposing parties may call upon the assistance of the employee or employees
concerned and any necessary witnesses, and all reasonable steps shall be
taken to allow the opposing parties to have access to the establishment,
inform themselves about the contested operations and consult the necessary
witnesses.
|
6.09
|
Each
party in question shall share the payment of the arbitrator’s
expenses.
|
The
expenses and allowances of the witnesses shall be paid for by the party that
called the witnesses.
No
arbitration costs shall be awarded to either party.
-3-
The
arbitrator shall be asked to render his award within twenty (20) business days
of the end of the hearing.
6.10
|
Except
for grievances of an ongoing nature, the parties shall not be bound to
consider a grievance unless it is presented within ten (10) business days
of the date the cause of action arose and in compliance with the procedure
established in the foregoing
sections.
|
6.11
|
No
grievance may be presented regarding the dismissal, suspension, lay-off or
transfer of an employee who has not acquired seniority
rights.
|
ARTICLE 7 – DISMISSAL AND
SANCTION PROCEDURE
7.01
|
a)
|
Management
shall not apply disciplinary measures without first warning the employee,
unless the circumstances warrant immediate sanction or
dismissal. In the event of a claim alleging that an employee
was wrongfully dismissed or sanctioned, the grievance shall be brought
directly at the second (2nd) stage of the grievance procedure within ten
(10) business days of the date the cause of action
arose.
|
|
b)
|
In
the event of suspension or dismissal, the employee may see the president
of the Union local or the xxxxxxx before leaving the
plant.
|
7.02
|
A
copy of a written notice remitted to an employee shall be sent to the
Union xxxxxxx. The Company and the Union agree that
disciplinary sanctions shall not be unjustly
imposed.
|
7.03
|
In
certain instances, the Employer may ask to meet with the Union and the
employee concerned in a final attempt to avoid dismissing the
employee.
|
7.04
|
During
a meeting at the third (3rd) stage of a suspension or dismissal grievance,
the employee may see his disciplinary record upon
request.
|
7.05
|
A
written warning or disciplinary measure shall not be valid against an
employee for more than:
|
– written
warning: 6
months
– disciplinary
measure: 12
months
from the
date of the disciplinary measure or written warning.
However,
if other offences within the said time frame warrant a written warning or
disciplinary measure of the same nature, all warnings or disciplinary measures
of the same nature shall remain in force until the last one has passed the
expiry date.
7.06
|
Disciplinary
measures and written warnings shall not be issued more than ten (10)
business days after the employer became aware of the incident, and the
employer shall bear the onus of
proof.
|
-4-
ARTICLE 8 –
SENIORITY
8.01
|
The
parties acknowledge that job and security opportunities should increase
based on length of service. Accordingly, it is agreed that for
all vacations, promotions, transfers, lay-offs, terminations and recalls
after lay-off or termination, the most senior employees shall have
preference.
|
8.02
|
In
acknowledgement, however, of management’s responsibility for the efficient
operation of the establishment, it is understood and agreed that in every
instance management shall have the right to pass over any employee if it
establishes that the employee has neither the skill, capacity or physical
aptitude to perform the work after a reasonable trial period of five (5)
days.
|
8.03
|
An
employee shall have seniority status once he has actually worked for
ninety (90) days with the Company over a period six (6)
months. If the employee remains in the Company’s employ after
working for such ninety (90) days, his seniority shall commence as of his
date of hire.
|
An
employee who has not completed his probationary period and has not yet acquired
seniority status cannot apply for another position.
Seniority
shall be retained and shall accrue during absences due to:
|
a)
|
a
lay-off
|
an
illness or accident
|
b)
|
an
illness or accident for a period of more than six (6) consecutive months
with less than one (1) year of seniority; twenty-four (24) consecutive
months with more than one (1) year of seniority; thirty (30) consecutive
months with more than five (5) years of
seniority;
|
|
c)
|
a
leave of absence.
|
8.04
|
An
employee shall lose his seniority and his name shall be removed from all
seniority lists for any of the following
reasons:
|
|
a)
|
if
the employee voluntarily leaves his
job;
|
|
b)
|
if
the employee is dismissed for just
cause;
|
|
c)
|
if
the employee has been laid off and does not return to work within five (5)
days of being notified to do so by registered letter sent to his last
address known to the Company, unless he has a serious and acceptable
reason. A copy of such notice shall be sent to the
Union.
|
|
d)
|
if
the employee has been laid off due to a work shortage for a period
exceeding:
|
|
–
|
six
(6) months if he had less than one (1) year of seniority on the lay-off
date.
|
-5-
|
–
|
twenty-four
(24) months if he had more than one (1) year of seniority on the lay-off
date.
|
|
–
|
thirty
(30) months if he had more than five (5) years of seniority on the lay-off
date.
|
|
e)
|
if
the employee is absent due to illness or a non-industrial accident covered
by a medical certificate he shall continue to accrue seniority while he is
absent due to the illness or accident, but not
beyond:
|
|
–
|
six
(6) consecutive months with less than one (1) year of
seniority.
|
|
–
|
twenty-four
(24) consecutive months with more than one (1) year of
seniority
|
|
–
|
thirty
(30) consecutive months with more than five (5) years of
seniority.
|
8.05
|
a)
|
A
position shall become vacant due to the death, retirement, quitting,
dismissal, promotion or permanent transfer of the employee who held the
position, and also due to the creation of a new job or
position.
|
|
b)
|
If
the Company decides to fill a position that has become vacant or has been
newly created in the plant within the bargaining unit, the details of the
position shall be posted on the plant’s bulletin board for three (3)
business days.
|
A copy of
the notice shall be sent by registered mail to the employees who are absent from
the plant due to illness, accident or vacation to their last known address
appearing in the Company’s books. Employees who want the position
shall apply in writing during the said period of three (3) business days on the
forms provided for that purpose.
The
posting shall indicate:
1. The
commencement and ending dates of the posting
2. The
title of the position
3. The
description of the position
4. The
work shift
Within
three (3) business days of the end of the posting the Company shall send the
Union a copy of the posting, with the names of the employees who applied and
indicating the name of the candidate chosen for the position.
However,
it shall be understood that if the employee to be chosen in accordance with this
Article is absent from the plant due to illness, accident or authorized leave in
accordance with this agreement or is on vacation, he must be available to assume
his new responsibilities by no later than fifteen (15) days of the Company’s
notice to begin working, otherwise his candidacy shall be set
aside.
-6-
If the
Company must fill the position in the meantime, it may transfer someone to fill
it temporarily, in keeping with the stipulations of this agreement.
An
employee who obtains a position for which he applied during a posting may not
apply for another position In an equal or lower classification than the one he
obtained for a period of six (6) months. However, it shall be
understood than an employee promoted to a position and who remains in that
position may always apply for a position in a higher
classification.
|
c)
|
The
employer shall grant the employee who is chosen a trial period of five (5)
business days so he can adapt. After such five (5) days, if the
employee does not have the aptitude to continue in the position, the
employer shall inform him and he shall return to his former
classification.
|
However,
for testers, electrical mechanics and other trades or technical jobs recognized
by the Ministry of Education, management shall not be required to accept the
candidacy of an employee or to give him a trial period if the employer can
establish that the candidate does not have the aptitude required for the
position.
The
qualified employees who held the position of tester as of June 1, 1997 and who
later held another position may return to the position of tester in accordance
with the posting procedure.
|
d)
|
Temporary
job postings
|
If the
Company wishes to fill a temporarily vacant position, the following procedure
shall apply:
A
temporarily vacant position may be filled temporarily by transfer if it will be
for less than thirty (30) days in cases of illness, accident, occupational
disease or industrial accident in accordance with the procedure described in
Section 8.01 of this agreement.
However,
if the absence is expected to last longer than thirty (30) days or if it exceeds
thirty (30) days, the employer shall post the vacant position in accordance with
Section 8.01 of this agreement.
Within
three (3) business days of the end of the posting, the Company shall send the
Union a copy of the posting with the names of the employees who applied and
indicating the name of the candidate chosen for the temporary
position.
The
chosen candidate must be able to perform the work immediately without any
training; he shall then be transferred directly and temporarily to that position
on the work shift specified In the posting .
|
1.
|
If
there is no qualified candidate, the employer may then recall the
qualified employee with the most seniority back to
work.
|
-7-
|
2.
|
The
employer shall then recall the laid-off employee with the most seniority
to take over for the qualified employee within two (2) months of the
beginning of the assignment of the qualified employee to the temporary
position. The employee thus temporarily recalled must be able
to satisfy the normal requirements of the position, in accordance with
Sections 8.02 and 8.05 c). He shall then be trained to perform
the necessary work.
|
|
3.
|
The
qualified employee shall resume his position on the recall list if the
more senior employee is able to perform the work
satisfactorily.
|
|
4.
|
If
there is no qualified employee on lay-off, the employer shall recall the
employee with the most seniority in accordance with Sections 8.02 and 8.05
c).
|
If there
is no laid-off or capable employee, in accordance with Section 8.01 the Company
may temporarily hire from outside, but such employees shall be covered by the
provisions of the collective agreement.
In
addition, if an employee has obtained a posting for a position that became
vacant due to illness, accident, occupational disease or industrial accident and
a lay-off is expected, and the employee who obtained the position temporarily is
affected by the lay-off, he shall return to his regular position and avail
himself of his seniority rights. Similarly, if the position
temporarily obtained is once again filled due to the return of the holder of the
position, he shall return to his regular position.
However,
the period contemplated In the 6th paragraph of Section 8.05 b) shall not apply
to a temporary posting.
8.06
|
Seniority
list
|
The
Company shall maintain a seniority list in the plant. Every four (4)
months, it shall post a copy of the list so it can be checked by the
employees. It shall also give a copy to the Union. The
said copy shall indicate each employee’s classification and rate of
salary. The Union shall be advised of the number and dates of new
hires and of the employees recalled to work.
8.07
|
Lay-off
notice
|
|
a)
|
In
the event of a lay-off due a work shortage, the relevant employees shall
receive five (5) business days’ advance notice unless the lay-off is due
to a reason beyond the Company’s
control.
|
|
b)
|
An
employee whose position is abolished or closed or who is required to
change shifts for an indefinite period shall inform his xxxxxxx,
indicating which employee with less seniority he wishes to bump and, on
the same day, a copy shall be given to the Union and to the relevant
employee.
|
-8-
|
c)
|
The
employee who is bumped may in turn bump another employee with less
seniority than he has and so on, in accordance with the established
conditions, until a bumped employee can no longer bump another
one. He shall then be laid off after five (5) business days’
notice. The notice shall be null and void if the employer does
not go through with the lay-off.
|
|
d)
|
The
employee assigned to a new position shall have a maximum trial and/or
training period of five (5) days to demonstrate that he is able to perform
the work satisfactorily (trial period refers to a person who has already
done the work and training period refers to a person who has never done
the work). If an employee fails to demonstrate such ability,
the Company shall assign him to another position he is able to fill if
such a position is available.
|
|
e)
|
Bumping
procedure for a lay-off involving the elimination of the evening
shift:
|
|
1.
|
If
the evening shift is completely eliminated and one or more positions are
simultaneously opened on the day shift, the following bumping procedure
shall apply instead of the normal posting
procedure:
|
|
2.
|
An
employee whose position is thus eliminated shall notify his xxxxxxx,
indicating which less senior employee he wishes to bump or which vacant
position he wishes to fill.
|
|
3.
|
If
the employee bumps another employee, he must satisfy the conditions
stipulated for a lay-off notice, i.e. Sec. 8.07
d).
|
|
4.
|
If
the employee cannot bump another employee, he shall use his seniority to
choose a position left vacant on the day shift, provided he is qualified
for the position.
|
|
5.
|
If
there is no available position for which he is qualified, he shall choose
another position that could not be filled by a qualified employee and
shall be trained for the position.
|
|
6.
|
If
there is no available position in accordance with the procedure described
in paragraph 5, the employee with more seniority shall have priority over
an employee with less seniority. The employee with more
seniority who satisfies the normal requirements for the position, in
accordance with Sections 8.02 and 8.05 c), shall be trained for the
position thus obtained.
|
8.08
|
Position
reopened following a lay-off
|
|
1.
|
Work
recalls shall be done inversely to the order of the lay-offs, that is, the
last employee laid off shall be the first one recalled to work, provided
he has the necessary qualifications to immediately perform the available
work.
|
-9-
|
2.
|
If
the last employee laid off is not qualified, the employer may then recall
the qualified employee with the most
seniority.
|
|
3.
|
The
employer shall then recall the laid-off employee with the most seniority
to take over for the qualified employee within six (6) weeks of the
beginning of the assignment of the qualified employee to the vacant
position. The employee thus recalled must be able to satisfy
the normal requirements for the position, in accordance with Sections 8.02
and 8.05 c). He shall then be trained to perform the necessary
work.
|
|
4.
|
The
qualified employee shall resume his position on the recall list if the
more senior employee is able to perform the work
satisfactorily.
|
|
5.
|
If
there is no qualified employee on lay-off, the employer shall recall the
employee with the most seniority, in accordance with Sections 8.02 and
8.05 c).
|
|
6.
|
An
employee who is laid off shall be reinstated in the position he held
before the lay-off, without any posting, provided the position is reopened
within two years of the lay-off.
|
8.09
|
Change
of address and telephone number
All
employees shall be solely responsible for informing the employer in
writing of any change of address or telephone
number.
|
8.10
|
Position
outside the bargaining unit
If
an employee is promoted or transferred to a position outside the
bargaining unit, he shall thereupon be excluded from the bargaining
unit. The employee shall keep the seniority acquired in the
position he was transferred from and it shall be credited to him if he
returns to work in the bargaining unit. This privilege shall
expire after one (1) year of continuous service outside the bargaining
unit.
|
ARTICLE 9 – AUTHORIZED
LEAVE
9.01
|
Unpaid
leave of no more than one (1) day may be granted to any employee by his
immediate supervisor.
|
9.02
|
Unpaid
leave for longer periods must be referred to the Director of Operations
and shall require his approval.
|
9.03
|
No
unpaid leave shall be granted if the employee’s absence will hinder
production requirements and/or create additional expense for the
Company. This clause shall not apply to Union officials who
must be absent on Union business.
|
-10-
9.04
|
Leave
to take care of Union business:
|
A maximum
of three (3) employees elected or designated by the Union to attend a Union
convention or business session shall be given unpaid leave for that
purpose. The Union shall notify the Company one week in advance of
the names of the representatives who, except for the President, must be
representing various departments.
However,
with the exception of the President, the said employees may not be absent for
more than ten (10) business days in a single year. It is agreed that
this time frame shall not apply to arbitration hearings, the preparation and
presentation of cases to the C.S.S.T., or the bargaining period.
9.05 Leave
to work full-time for the Union:
The
Company shall grant an employee an unpaid leave of absence for up to one (1)
year so he can work for the Union. The employee must make a written
request at least one (1) month in advance if possible, which request must first
be approved by the Union.
9.06 The
Union agrees that the number and length of such leave shall not be
unreasonable.
9.07 Failure
to return from leave:
Authorized
leave shall be granted in writing and no such leave shall affect an employee’s
seniority rights if used for the purpose for which it was granted, provided the
employee returns to work after his leave. A copy of the authorization
shall be remitted to the Union representative.
ARTICLE 10 – SAFETY AND
HYGIENE
10.00
|
The
Company shall provide the following personal safety equipment free of
charge:
|
|
–
|
Safety
gloves
|
|
–
|
Non-prescription
safety glasses Safety shoes
|
|
–
|
Hearing
protectors
|
or such
other equipment as the Joint Health and Safety Committee deems
necessary.
10.01
|
The
Company and the Union mutually agree that they wish to maintain high
safety and hygiene standards in the
establishment.
|
10.02
|
a)
|
The
Company accepts responsibility for taking adequate and reasonable measures
for the health and safety of its employees during their working
hours.
|
|
b)
|
The
Union shall help management succeed with any reasonable accident
prevention program.
|
-11-
|
c)
|
Should
the Joint Health and Safety Committee not agree with the choice of the
equipment to be worn, the issue shall be referred to Quebec’s Commission de la Santé et de
la Sécurité du Travail for a
decision.
|
10.03
|
The
Company agrees to continue to provide the employees with the safety
equipment necessary to protect them from hazardous working
conditions.
|
10.04
|
There
shall be a Health and Safety Committee made up of representatives for the
Company and two (2) representatives for the employees, chosen by the
Union. The Committee shall meet every two
months. The Committee may meet more often if necessary,
provided the Union and the Company both
agree.
|
The
Committee shall be notified as soon as possible of any serious accidents that
occur and of major risks and a member representing each party shall investigate
the nature and cause of accidents.
The
Company shall continue its policy of assisting an injured employee to fill out
his accident notice and apply for benefits from the Commission de la Santé et de la
Sécurité du Travail in accordance with the law.
10.05
|
Pay
on the day an employee is injured:
|
An
employee who is injured in an industrial accident shall be paid for the time
lost on the day he is injured at his regular daily rate, including any overtime
premium or shift premium that applies.
10.06
|
The
Company shall provide transportation and salary for the time spent by the
employees during regular working hours on the medical treatment required
as a result of an industrial accident or occupational illness on the day
of the injury.
|
Transportation
means transportation from the plant to the hospital, or from the hospital to the
plant or the employee’s residence if the plant is closed, provided the employee
cannot drive himself.
10.07
|
If
an employee is injured while working for the Company and he is off work
for more than one (1) week due to such accident or illness, every week the
Company shall advance the employee, at his request, a sum of money
equivalent to the weekly indemnity the employee should receive from the
Commission de la Santé
et de la Sécurité du Travail or disability insurance until he
receives his first such payment or returns to work, unless the claim is
disputed or contested by the Employer, and in any event for no more than
six (6) months.
|
It is
understood that the advances by the Company shall at all times be considered a
debt to the Company, which the employee shall repay to the Company, whether or
not he is paid by the Commission de la Santé et de la
Sécurité du Travail or disability insurance, at the latest when he
receives the amounts owed him by the Commission de la Santé et de la
Sécurité du Travail or disability insurance.
-12-
10.08
|
The
Company shall give every employee hired after the signing of this
collective agreement a copy of the Act respecting
Occupational Health and Safety. Any regulations enacted
under that statute shall be posted on the bulletin
board.
|
10.09
|
The
Company shall inform newly hired employees of the normal risks inherent in
their work and in the nature of the products manufactured or handled, as
it understands those risks. Employees shall not be required to
work under dangerous or unhealthy conditions in excess of the operational
risks.
|
10.10
|
All
new employees or employees transferred to a new classification shall be
informed of the safest way to complete their
tasks.
|
10.11
|
The
Company shall make first-aid equipment available on the Company premises
during all working hours.
|
10.12
|
One
employee per shift shall receive, at the Company’s expense, first-aid
training equivalent to that of the St-John’s Ambulance to be utilized on
the work premises if need be.
|
10.13
|
All
medical exams required by the Company shall be done by the physician of
its choosing during normal working hours, without loss of
salary. All expenses incurred due to such exams shall be borne
by the Company.
|
10.14
|
The
Company agrees to investigate the source of any dangerous working
conditions identified by the Safety
Committee.
|
10.15
|
No
employee shall be required to work alone. In addition, where
that practice represents a risk to his health and safety beyond the normal
operational risks, no employee shall be required to work alone in an
isolated area.
|
10.16
|
The
Company shall organize one or more programs and shall put the Safety
Committee in charge of instituting the program under Sections 10.10, 10.11
and 10.12.
|
ARTICLE 11 – BULLETIN
BOARD
11.01
|
The
Company agrees to provide the Union with a bulletin board in the
establishment for the posting of Union notices and official documents
approved in advance by the Company.
|
ARTICLE 12 – COPIES OF
AGREEMENT POCKETBOOK FORM
12.01
|
The
Company and the Union want every employee to be familiar with the
provisions of this agreement and the rights and duties stemming
therefrom. The Company shall have the collective agreement
printed in pocketbook form and shall distribute it to the employees in the
bargaining unit. It shall give a copy to every new employee and
forty (40) copies to the Union within three (3) months of the signing of
the collective agreement. If the Company is unable to meet that
deadline, photocopies of the collective agreement shall be distributed to
the employees
|
-13-
ARTICLE 13 – UNION
REPRESENTATIVES
13.01
|
When
an authorized Union representative who is not a Company employee wishes to
speak to the local Union representatives in the establishment about a
grievance or other official Union business, he shall notify the Director
of Operations or his representative, who shall then call the local Union
representatives to the office where they may confer in
private. Such discussions shall be organized so as not to
hinder production.
|
ARTICLE 14 – GRIEVANCE
COMMITTEE AND STEWARDS
14.01
|
The
Union shall notify management in writing of the members of the grievance
committee and the shop stewards. There shall be one xxxxxxx per
twenty-five (25) employee and at least one (1) xxxxxxx per
shift. For purposes of meetings with the representatives of
management, the grievance committee shall consist of not more than two (2)
members appointed by the Union and the international Union
representative. The members of the grievance committee shall
not lose any salary for time spent attending meetings with the
representatives of management during normal working
hours.
|
14.02
|
If
a xxxxxxx or member of the grievance committee must be absent from his job
or his department for purposes of his duties, he shall first obtain
permission from his xxxxxxx or departmental supervisor, which permission
shall not be refused arbitrarily, and he shall not lose any salary for
time spent on his duties during his regular working
hours.
|
ARTICLE 15 – HANDICAPPED
EMPLOYEES
15.01
|
Should
employees be injured on the job or contract an occupational illness during
their employment and become physically handicapped as a result, the
Company shall strive, insofar as possible, to provide the handicapped
employees with a suitable occupation, provided such an occupation is
available.
|
ARTICLE 16 – UNINTERRUPTED
PRODUCTION
16.01
|
The
parties hereto agree that during the term of this agreement there shall be
no lock-out, strike, slowdown or other work interruption or interference
that could disrupt production. The Union and the employees of
the Company agree not to involve the employees of the Company or the
Company as such in any dispute that could arise between any other employer
and the employees of such other
employer.
|
ARTICLE 17 – WORKING
HOURS
17.01
|
The
work week shall be forty (40)
hours.
|
17.02
|
Definition
of day and work day:
|
|
a)
|
The
basic work day is eight (8) consecutives hours of work in a period of
twenty-four (24) hours, interrupted only by the established meal
break.
|
-14-
|
b)
|
The
first (1st) work shift shall be from 08:00 to 17:00 hours, with a one-hour
(1-hr) unpaid meal break.
|
The
second (2nd) shift shall be from 16:50 to 01:20 hours, with a 1/2- hour unpaid
meal break from 21:00 to 21:30 hours. (See “Compressed Schedule” in
Schedule G.)
If the
work schedules are changed or a third (3rd) work shift is created, the Union
shall be informed in advance so as to be able to give the employees sufficient
advance notice.
17.03
|
Definition
of work week:
|
The basic
work week shall consist of five (5) days, from Monday to Friday
inclusively.
17.04
|
Work
shifts and schedules:
|
When an
employee works on one of his days off, he shall not be required to take another
day off during his regular work week.
17.05
|
Break:
|
Between
the second and third hour of each half work shift, there shall be a ten-minute
(10-min.) break from work.
In
addition, for every three (3) hours or more of planned overtime, the employee
shall be entitled to a ten-minute (10-min.) break towards the end of the second
(2nd) hour.
17.06
|
The
employees on the day shift shall be entitled to one (1) hour for their
meal between noon and 1:00 PM where
possible.
|
17.07
|
Nothing
In the foregoing sections shall constitute a guarantee of weekly working
hours.
|
ARTICLE 18 – ATTENDANCE
ALLOWANCE
18.01
|
If
an employee reports to work at the beginning of his regular shift without
receiving notice not to come in at least two (2) hours before the
beginning of his shift, he shall be paid the equivalent of four (4) hours
of work at the regular rate, but such obligation on the part of the
Company shall not apply if the work shortage is due to conditions beyond
the Company’s control, or the employee returns to work before being
advised of same following an absence of more than three (3) days due to
illness or accident.
|
In the
event of a situation beyond the Company’s control, the Company shall strive to
notify the employees where possible.
18.02
|
Call-in
pay:
|
Any
employee who is especially called in to work at any time after he has completed
his working hours may finish work when the emergency is over, and he shall
receive a minimum of four (4) hours of pay but never less than four (4) hours of
pay at regular time.
-15-
ARTICLE 19 – SALARIES AND
CLASSIFICATIONS
19.01
|
Employees
governed by this collective agreement shall be paid in accordance
with:
|
|
–
|
Schedule
A-1 or
|
|
–
|
Schedule
A-2 only if they meet the conditions stipulated in the first paragraph of
Section 19.06.
|
19.02
|
If
the employer creates a new classification, it shall meet with the Union to
negotiate the hourly rate, taking into account the hourly rates under this
agreement. In the event of a disagreement over the hourly rate,
the employer shall determine the rate and the Union may contest the new
rate under the grievance settlement
procedure.
|
19.03
|
When
a new employee has completed his probationary period, he shall then be
remunerated in accordance with the provisions of Section 19.05
(1). Thereafter, his hourly rate shall be increased in
accordance with the conditions defined
below.
|
19.04
|
An
employee who has not yet reached the maximum rate for his classification
shall receive an increase of $0.42 per hour every four (4) months until
his hourly rate corresponds to the maximum rate for his
classification. However such increase shall be $0.41 instead of
$0.42 on the anniversary of the employee’s seniority date, so the total
annual increase shall be equal to
$1.25.
|
19.05
|
An
employee who obtains a position shall be remunerated as follows and in
accordance with Schedule A-1 or, if he meets the conditions stipulated in
the first paragraph of Section 19.06, in accordance with Schedule
A-2:
|
|
1.
|
An
employee who has less than two
years of seniority shall receive the maximum rate for the position,
less the two following amounts: $0.84 and $1.25 per year of
seniority under two years calculated in accordance with the salary
progression defined in 19.04. The rate shall always be equal to
or higher than the minimum rate for the
position.
|
|
2.
|
An
employee who has completed at least two years of
seniority shall receive the maximum rate for the position, less
$0.84.
|
|
3.
|
An
employee who has completed at least two years of
seniority and who has already been
remunerated at the maximum rate for the position shall then be
remunerated at the maximum rate for the
position.
|
An
employee who, on May 31, 2005, held a position as a day labourer, insulation
cutter, winder or assembler and who, on May 31, 2005 was already remunerated at
a rate higher than the rate in Schedule A-1 as at June 1, 2005, shall henceforth
be remunerated in accordance with the rate determined for his position in
Schedule A-2 and the provisions of Section 19.05.
-16-
If that
employee changes positions, he shall then be remunerated in accordance with the
rate established for his position in Schedule A-1.
ARTICLE 20 – TEMPORARY
TRANSFER
20.01
|
If
an employee is required to work in a category other than his
classification for a full half-day (4 hours) or more, he shall receive the
rate for the position or his regular rate, whichever is
higher.
|
For
purposes of assessing an employee’s experience, the time spent working in a
position other than his own shall be counted as experience in his own
specialty.
ARTICLE 21 –
OVERTIME
21.01 More
than eight hours of work
The
Company shall pay an employee one-and-a-half (11/2) times his regular hourly
rate for all hours worked beyond eight (8) hours a day for the first four (4)
hours of overtime, that same day, and twice (2X) his regular rate for hours in
excess of four (4) that same day.
21.02
|
Saturdays
and Sundays
|
The
Company shall pay one-and-a-half (11/2) times the regular hourly rate for the
first ten (10) hours worked on Saturday and double time for hours beyond ten
(10) on Saturday and for work done on Sunday, unless it involves work being done
at the end of the employee’s regular shift.
21.03
|
All
overtime work shall be voluntary. However, it is agreed that
employees in classifications that are trades or technical jobs recognized
by the Ministry of Education may be required to work a number of overtime
hours not exceeding six (6) per normal work week. However, an
employee may refuse such overtime on serious and valid
grounds. All overtime work beyond such six (6) hours shall be
done on a voluntary basis.
|
21.04 Distribution
of overtime
Normally,
the Company shall give five (5) hours’ advance notice of
overtime. However, this shall not rule out the possibility of
overtime worked on shorter notice:
1. When
the need to work overtime is not known in advance.
2. When
the relevant employee is in agreement with working overtime.
Overtime
opportunities shall be allotted to the employees holding the position for which
overtime is required. If they are not available, the Company shall
choose, among the most senior employees, those having demonstrated their
qualifications to perform the necessary work in the plant pursuant to Section
8.01. It is of course understood that overtime shall always be on a
voluntary basis.
-17-
Employees
who do not want to be called shall notify the Company in writing on a form
provided for that purpose and they may revoke the notice in writing on a form
provided for that purpose. The Union shall be given a copy of such
notices.
ARTICLE 22 – SHIFT
PREMIUM
22.01 Afternoon
shift: $0.50
Night
shift: $0.60
22.02 Night
shifts
In
general, if there is a second or third shift, the most senior employee shall
have priority to post his name for the shift of his choosing in the event of an
opening.
ARTICLE 23 – STATUTORY
HOLIDAYS
23.01 The
following days shall be paid holidays:
New
Year’s Day
The day
after New Years Day
Good
Friday Easter Monday Victoria Day
St-Xxxx
Xxxxxxxx Day
Canada
Day Labour Day
Thanksgiving
Day Christmas Eve Christmas Day Boxing Day
New
Year’s Eve
A
floating day may be taken between Christmas and New Year’s Day.
23.02
|
If
one of the statutory holidays mentioned above falls on a Saturday, the
holiday shall be the preceding Friday; if one of the statutory holidays
falls on a Sunday, the holiday shall be the following
Monday.
|
23.03
|
For
each holiday mentioned above, every employee shall receive eight (8) hours
of pay at his regular rate, including premiums where
applicable.
|
23.04
|
An
employee who works on one of the above-mentioned holidays shall receive,
in addition to his pay for the holiday, double his regular hourly
rate.
|
23.05
|
To
be entitled to payment for the above-mentioned holidays, the employee must
have worked at least eight (8) hours on the day preceding and the day
following the holiday; an exception shall be made for absence due to
vacation, death, illness and/or accident not exceeding two (2) weeks, jury
duty, and authorized leave and/or lay-off not exceeding two (2) weeks
before the holiday.
|
However,
If the Company recalls laid-off employees the day following one of the
above-mentioned holidays, they shall be paid for the holiday preceding their
return so as to receive full salary for their first week of work.
-18-
23.06
|
If
one of the above-mentioned holidays falls during an employee’s vacation,
he shall be paid for the holiday in addition to his vacation
pay.
|
ARTICLE 24 –
VACATION
24.01
|
Every
employee shall be entitled to paid annual vacation commensurate with his
length of service as stipulated in this collective
agreement.
|
24.02
|
An
employee who has not completed ten (10) months of continuous service on
May 1st each year shall be entitled to paid vacation in accordance with
the Labour Standards Regulation.
|
24.03
|
An
employee who, on May 1st each year, has completed ten (10) months of
service but less than four (4) years shall be entitled to ten (10) days of
paid vacation. The vacation pay shall be 4% of the employee’s
gross salary.
|
24.04
|
An
employee who, on May 1st each year, has completed four (4) or more years
of service shall be entitled to fifteen (15) days of paid
vacation. The vacation pay shall be 6% of the employee’s gross
salary.
|
24.05
|
An
employee who, on May 1st each year, has completed ten (10) or more years
of service shall be entitled to twenty (20) days of paid
vacation. The vacation pay shall be 8% of the employee’s gross
salary.
|
24.06
|
An
employee who, on May 1st each year, has completed twenty-one (21) or more
years of service shall be entitled to twenty-five (25) days of paid
vacation. The vacation pay shall be 11% of the employee’s gross
salary.
|
24.07
|
In
this Article, gross earnings means the amount of gross earnings, as
indicated on the previous year’s
statements.
|
24.08
|
The
Company shall prepare a separate cheque for the employees’ vacation
pay.
|
24.09
|
a)
|
The
annual vacation period shall be from May 1st to April 30th of each
year.
|
|
b)
|
The
employer agrees to close its plant for the last two full weeks of
July.
|
|
c)
|
All
employees must take their vacation during a plant closure period, except
pursuant to an agreement between the employer and an
employee.
|
|
d)
|
The
employees whose vacation is longer than the plant closure period shall
have until April 15th to advise the employer of their vacation
preferences.
|
|
e)
|
Preference
for vacation dates shall be granted to the employees based on seniority
and classification and having regard to operating requirements and
efficiency. The employer reserves the right to determine the
number of employees who may be away at the same
time.
|
-19-
|
f)
|
An
employee who has completed ten (10) or more years of service on May 1st in
the year shall be entitled to a third week of vacation immediately prior
to or following the closure period, having regard to the other provisions
of Article 24. The employer shall grant this privilege to ten
percent (10%) of its total work force at once. For purposes of
this section, the total work force includes all the Company’s employees on
May 1st in a given year, excluding laid-off employees and students hired
for vacation replacement.
|
|
g)
|
The
employer shall post the annual vacation list no later than May 15th each
year.
|
|
h)
|
Vacations
shall not be cumulative and must be taken in the twelve (12) month period
following the end of the reference year. For purposes of
applying Article 24, the reference year is a period of twelve (12)
consecutive months from May 1st to April
30th.
|
|
i)
|
If,
at the end of the twelve (12) months following the end of a reference
year, the employee is absent due to illness or an accident that occurred
before his vacation period, the employer may defer the annual vacation to
the next year at the employee’s request. If the annual vacation
is not deferred, the employer shall pay the annual vacation indemnity to
which the employee is entitled.
|
ARTICLE 25 – BEREAVEMENT
LEAVE
25.01
|
In
the event of the death of a member of an employee’s immediate family,
bereavement leave shall be granted to the employee so he can attend the
funeral.
|
|
25.02
|
a)
|
In
the case of the death of his spouse or one of his children, or his father
or mother, a maximum of five (5) business days from the death, provided
one of those days is the day of the
funeral.
|
|
b)
|
In
the case of the death of the employee’s brother, sister, father-in-law,
mother-in-law, brother-in-law, sister-in-law or grandchild, a maximum of
three (3) consecutive business days from the date of
death. Such three (3) day period may include the day after the
funeral.
|
|
c)
|
In
the case of the death of the grandfather, grandmother, daughter-in-law or
son-in-law, one (1) day, namely the day of the
funeral.
|
|
d)
|
If
there is a cremation, the days may be saved, based on the periods
mentioned in the foregoing
paragraphs.
|
ARTICLE 26 – INSURANCE
PLAN
26.01
|
The
group, health and wellness insurance described in Schedule “B” of this
agreement shall be maintained during the term of this
agreement.
|
26.02
|
The
Company agrees to pay 100% of the costs of such
insurance.
|
-20-
ARTICLE 27 – INSURANCE AND
TRAVEL EXPENSES
27.01
|
Normally,
the Company shall pay for travel time at the applicable rate if an
employee must travel to do a job requested by the
Company.
|
An
employee who uses his own vehicle to travel outside Granby at the Company’s
request shall be reimbursed for his travel expenses at the rates in force with
the Company.
ARTICLE 28 – TECHNOLOGICAL
CHANGES
28.01
|
If
the existing positions are altered due to technological changes, before
proceeding with such changes and the institution of such operations,
written notice shall be given to the Union or the parties shall meet to
negotiate the conditions and rates of salary for the position in question,
having regard to the rates of salary under this
agreement.
|
The
Company shall provide a plan for reclassification of the employees displaced
from their position due to technological changes.
To the
greatest extent possible and taking due account of the seniority provisions of
this agreement, the Company shall provide new training to each employee
displaced by technology, with a view to a position he wishes to learn and which
he is capable of learning after a reasonable training period.
If, after
such a training period, the employee does not qualify or refuses the new
position, the Company shall assign the employee to another position he is able
to perform.
ARTICLE 29 – TERM OF
AGREEMENT: 5 YEARS
29.01
|
Letter
agreements:
|
The
parties agree that all of the letter agreements shall form an integral part of
the collective agreement.
29.02
|
This
agreement shall come into force on the date of its signing and shall
expire on May 31, 2010. The provisions of this agreement
shall remain in force until the new agreement is
signed.
|
-21-
IN
WITNESS WHEREOF, the parties to hereto have had this agreement signed by their
legally authorized representatives in Granby, Province of Quebec.
On
this 1st day of June 2005
THE
STEELWORKERS UNION
|
PIONEER
TRANSFORMERS LTD.
|
||
LOCAL
0000
|
Xxxxxx,
Xxxxxx
|
||
/s/ Xxxxxx Xxxxxxxx | /s/ Xxxxx X. Xxxxxxx | ||
Xxxxxx
Xxxxxxxx
|
Xxxxx
X. Xxxxxxx
|
||
/s/ Xxxxxx Xxxxxx | /s/ Xxxxx Xxxxxxxxx | ||
Xxxxxx
Xxxxxx
|
Xxxxx
Xxxxxxxxx
|
||
/s/ Xxxxxxxx Xxxxx | /s/ Xxx Xxxxxxxx | ||
Xxxxxxxx
Xxxxx
|
Xxx
Xxxxxxxx
|
||
/s/ Xxxxxxxx Xxxxxx | |||
Xxxxxxxx
Xxxxxx
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-22-
Schedule
A-1 – Classifications and Rates of Salary
Classification
|
Class
|
1
June 2005
|
1
June 2006
|
1
June 2007
|
1
June 2008
|
1
June 2009
|
|||||
Min.
|
Max.
|
Min.
|
Max.
|
Min.
|
Max.
|
Min.
|
Max.
|
Min.
|
Max.
|
||
Tester
|
2
|
17.45
|
19.95
|
18.07
|
20.57
|
18.60
|
21.10
|
19.12
|
21.62
|
19.65
|
22.15
|
Electrical
mechanic
|
2
|
17.37
|
19.87
|
17.99
|
20.49
|
18.51
|
21.01
|
19.04
|
21.54
|
19.59
|
22.09
|
Coiler
|
3
|
17.20
|
19.70
|
17.71
|
20.21
|
18.13
|
20.63
|
18.56
|
21.06
|
19.00
|
21.50
|
Tank
filler
|
3
|
16.82
|
19.32
|
17.37
|
19.87
|
17.82
|
20.32
|
18.29
|
20.79
|
18.76
|
21.26
|
Lift
truck operator
|
3
|
16.36
|
18.86
|
16.95
|
19.45
|
17.44
|
19.94
|
17.94
|
20.44
|
18.45
|
20.95
|
Stock
keeper
|
4
|
16.22
|
18.72
|
16.70
|
19.20
|
17.10
|
19.60
|
17.50
|
20.00
|
17.91
|
20.41
|
Finishing
Core maker Welder Assembler
|
4
|
15.96
|
18.46
|
16.47
|
18.97
|
16.78
|
19.28
|
17.31
|
19.81
|
17.74
|
20.24
|
Winder
Insulation cutter Day labourer
|
5
|
14.93
|
17.43
|
15.36
|
17.86
|
15.72
|
18.22
|
16.08
|
18.58
|
16.45
|
18.95
|
Minimum
rate of hire
|
6
|
14.93
|
15.36
|
15.72
|
16.08
|
16.45
|
Shift
leader premium: $0.50 more than the employee’s hourly rate.
-23-
Schedule
A-2 – Classifications and Rates of Salary – Employees Concerned by Section
19.06
Classification
|
Class
|
1
June 2005
|
1
June 2006
|
1
June 2007
|
1
June 2008
|
1
June 2009
|
|||||
Min.
|
Max.
|
Min.
|
Max.
|
Min.
|
Max.
|
Min.
|
Max.
|
Min.
|
Max.
|
||
Assembler
|
4
|
17.00
|
19.50
|
17.48
|
19.98
|
17.88
|
20.38
|
18.29
|
20.79
|
18.71
|
21.21
|
Winder
|
5
|
16.64
|
19.14
|
17.12
|
19.62
|
17.51
|
20.01
|
17.91
|
20.41
|
18.32
|
20.82
|
Insulation
cutter
|
5
|
16.20
|
18.70
|
16.66
|
19.16
|
17.05
|
19.55
|
17.44
|
19.94
|
17.84
|
20.34
|
Day
labourer
|
5
|
15.64
|
18.14
|
16.10
|
18.60
|
16.47
|
18.97
|
16.85
|
19.35
|
17.23
|
19.73
|
-24-
Schedule
A
(cont’d)
Increases
In rates of salary
The
salary increases over the term of the collective agreement shall be as
follows:
June
1, 2005:
|
the
maximum rates in Schedule A of the agreement expiring on May 31, 2005 are
increased by 2.5% (See # 3 below)
|
June
1, 2006:
|
the
maximum rates in Schedules A-1 and A-2 as of June 1, 2005 in this
agreement are increased by 2.5%
|
June
1, 2007:
|
the
maximum rates in Schedules A-1 and A-2 as of June 1, 2006 are increased by
2%
|
June
1, 2008:
|
the
maximum rates in Schedules A-1 and A-2 as of June 1, 2007 are increased by
2%
|
June
1, 2009:
|
the
maximum rates in Schedules A-1 and A-2 as of June 1, 2008 are increased by
2%
|
1.
|
The
minimum rate for a position is equal to the maximum rate for that position
less $2.50 for each year of the agreement. For example: from
June 1, 2005 to May 31, 2006, the minimum rate for a coiler is
$17.20.
|
2.
|
The
“minimum rate of hire” is equal to the minimum rate for class 5 as at June
1st in a year. For example: from June 1, 2005 to May 31, 2006,
the minimum rate of hire is $14.93.
|
3.
|
A
new salary structure is established as of June 1, 2005 and the hourly
rates for the positions of welder, assembler, winder, insulation cutter
and day labourer are listed in classes 4 and 5 of Schedule
A-1.
|
4.
|
Section
19.06 specifies the conditions necessary for receiving the rates of salary
in Schedule A-2.
|
-25-
Schedule
B
Group
Insurance Plan
Ø
|
Life
insurance: $30,000.00
|
Ø
|
Accidental
death and
dismemberment: $30,000.00
|
Ø
|
Life
insurance:
|
Spouse: $2,000.00
Children: $1,000.00
Ø
|
Hospital
room: semi-private
|
Ø
|
Ambulance
|
Ø
|
Prescription
drugs:
|
Deductible: $25.00
per year for a single employee.
|
Deductible:
|
$50.00
per year for an employee with dependants. The employee shall be
reimbursed 80% of the cost of all prescription drugs exceeding the
deductible per year on presentation of appropriate
receipts.
|
A direct
payment card will be supplied to the employees to purchase prescription
drugs.
Medications
must be generic if they are available at the pharmacy. If there is no
generic medication, the prescribed medication shall be subject to reimbursement
in accordance with the provisions of the insurance policy.
Ø
|
Private
nursing care: maximum $10,000.00 per 12
months
|
Ø
|
Physiotherapy
|
-26-
Schedule
B
(cont’d)
Group
Insurance Plan
Ø
|
Hospital
and medical care outside the province: reasonable costs in excess of the
R.A.M.Q.’s rates
|
Ø
|
Prostheses
: up to 80%
|
Ø
|
Chiropractor
and podiatrist: $15.00 per visit – maximum 20
visits
|
WEEKLY
BENEFITS
DISABILITY:
The
weekly benefits shall be equal to 66 2/3% of the employee’s weekly salary, up to
the maximum paid by the Canada Employment Insurance Commission and payable on
the first day, in the case of an accident, and from the fourth day in the case
of illness, up to fifteen (15) weeks in any continuous disability
period.
If the
disability lasts longer, the employee must apply to the Canada Employment
Insurance Commission for another period of fifteen (15) weeks.
If, after
those periods, the employee were to be considered totally disabled, being unable
to perform his work for the employer or elsewhere, he shall be eligible for
maximum benefits of $1,200.00/month until 65 years of age. However,
it is understood that those benefits will be reduced if the employee is eligible
for other benefits from other sources. In this paragraph, the
“employee’s weekly salary” is the amount obtained by multiplying the employee’s
regular hourly rate by 40.
COMMENT
The
Company intends to register this plan with the Canada Employment Insurance
Commission. The Union and its members waive all deductions they might
be entitled to due to the registration of this plan as benefits accrued under
the Group Insurance Plan. This is an overview of the benefits to
which you are entitled. All rights regarding the benefits of a member
shall be exclusively governed by the universal policy issued by the Insurance
Company.
-27-
Schedule
C
LETTER
AGREEMENT
PRESIDENT
Considering
the Union President’s responsibility, he shall be excluded from the night and
evening shifts. However, this agreement does not guarantee his job
position.
-28-
Schedule
C
(cont’d)
LETTER
AGREEMENT
MEDICAL
REPORT
Further
to our recent negotiations, we wish to confirm that if a medical report is
prepared following an exam referred to in Section 10.13 of the collective
agreement, the employee in question shall be given a copy of the
report.
In
addition, as is the current practice, the medical report shall be handled with
discretion.
-29-
Schedule
C
(cont’d)
LETTER
AGREEMENT
EDUCATION
ASSISTANCE
Further
to our recent negotiations, we wish to confirm our intent to apply the
education-assistance plan currently in force for the executive employees
(salaried employees) to the employees in the bargaining unit.
Under
this policy, when the Company accepts a course or study program for an employee
which is taken while the employee continues to work full-time, it will reimburse
him for half the tuition for such program or course upon registration and the
other half later, provided he successfully completes the course or
program.
-30-
Schedule
C
(cont’d)
LETTER
AGREEMENT
BARGAINING
COMMITTEE
A maximum
of three (3) employees on the bargaining committee shall be paid at their
regularly hourly rate for time spent on negotiations which corresponds to their
regular working hours, provided such employees are chosen from among the
Company’s active work force.
The
Company shall pay until the conciliation process starts for the
negotiations.
-31-
Schedule
C
(cont’d)
LETTER
AGREEMENT
SUBCONTRACTING
The
Company agrees to keep the Union informed as soon as possible of the tasks
normally performed by the unionized employees which may be
subcontracted.
Except
under exceptional circumstances, proof of which is up to the employer, the
subcontracting of work shall not cause lay-offs or prevent work recalls provided
the equipment and materials are available.
-32-
Schedule
D
PENSION
PLAN
For
purposes of the interpretation of this collective agreement, the holder of a
position means a person who obtained the position further to a posting or a
transfer due to a lay-off.
As of
June 1, 1989, the Company instituted a pension plan having the following primary
features:
Funding:
|
The
pension plan is 100% funded by the Company.
|
Eligibility:
|
Every
employee joins the pension plan when he begins work as a unionized
hourly-wage employee at the Granby plant.
|
Past
Service:
|
A
credit of one (1) year is allocated for each year of
participation.
|
Pension:
|
For
an employee retiring between June 1, 2005 and May 31, 2007, the monthly
pension benefit at normal retirement age is $24.00 per year of
participation.
|
For
an employee retiring between June 1, 2007 and May 31, 2008, the monthly
pension benefit is $25.00 per year of participation.
|
|
For
an employee retiring between June 1, 2008 and May 31, 2009, the monthly
pension benefit is $26.00 per year of participation.
|
|
For
an employee retiring from and after June 1, 2009, the monthly pension
benefit is $27.00 per year of participation.
|
|
Retirement
Age:
|
The
minimum retirement eligibility age is 65.
|
Early
Retirement:
|
An
employee who retires at age 63 or older is entitled to an immediate
pension benefit without any actuarial
reduction.
|
-33-
Schedule
D
(cont’d)
Pension
benefit modalities:
If you do not have a spouse
you will receive a simple lifetime pension. This pension will be paid
to you every month until death. The monthly benefits will begin as of
your retirement date and will only stop after your death. Other than
the simple lifetime pension, you may opt for any of the modalities described
below.
If you have a spouse, you may
opt for a joint and survivor pension. In that case, the pension will
be paid to you every month until death, after which your spouse will receive a
monthly pension corresponding to 60 percent of the one you received until he or
she dies. The amount of your pension will be lower than for a simple
lifetime pension to offset the greater number of payments that may be made to
your spouse.
Five-year
guaranteed annuity option:
You may
choose another method of pension payments. If you have a spouse, you
will need their written consent. If you choose this method, the
amount of the pension you receive will be readjusted based on actuarial
calculations.
The
five-year guaranteed annuity pays an amount until your death and has a minimum
guaranteed period of five years. If you die before the end of this
period, the monthly payments will go to your spouse or beneficiary until the end
of the guaranteed period. If you die after the period ends, the
payments will stop.
Only one
of the above options may be chosen and the election must be made before the
employee retires.
The
amount of the pension payable under either of the two (2) options will be the
actuarial equivalent of the regular pension to be paid. The whole in
accordance with the actuarial methods and assumptions specifically adopted for
this plan by the Company on the advice of an actuary.
-34-
Schedule
D
(cont’d)
Retirement
allowance at age sixty (60):
An
employee who retires on the first day of the month coinciding with his sixtieth
(60th) birthday or the next month will receive a retirement allowance payable in
a one-time lump sum of ten thousand dollars ($10,000).
To
benefit from this retirement allowance, an employee must notify the employer in
writing at least three (3) months before his retirement date.
The
retirement allowance will be deposited directly in the employee’s registered
retirement savings plan if the employee authorizes the employer to transfer the
amount tax-free to the employee’s personal retirement account.
-35-
Schedule
E
LETTER
AGREEMENT
STUDENTS
Students
hired temporarily for vacation replacement will not have seniority status as
defined in Section 8.03.
Students
will be remunerated at the minimum rate of hire for the term of their employment
and will not be eligible for any other benefits or direct or indirect
remuneration.
If, for
any reason, a student does not return to his studies, he will be deemed to have
resigned his position and if he then applies for a position and the employer
decides to rehire him, he will accrue seniority in accordance with the
provisions of Section 8.03.
-36-
Schedule
F
LETTER
AGREEMENT
TRAINING
The
parties agree to form a joint training committee for the purpose of promoting
employee training. Outside consultants will be invited to facilitate
the attainment of this objective.
-37-
Schedule
G
LETTER
AGREEMENT
COMPRESSED
SCHEDULE
The
working hours for the second shift are defined in Section 17.02.
However,
it is understood and agreed that the compressed work schedule described in this
letter agreement shall remain in force for the term of the collective
agreement.
Furthermore,
and notwithstanding any other provision of this collective agreement, it is
agreed that all hours worked on the second work shift shall be paid at the
regular hourly rate without any overtime premium, unless an employee has already
completed a normal day of work on the day shift.
Finally,
and notwithstanding any other provision of this collective agreement, it is also
agreed that payment for vacations or authorized paid holidays shall be as
follows: the employee shall be paid for the number of regular hours he would
normally have worked on his regular schedule for the holiday(s) or vacation
day(s), provided he meets the requirements of Articles 23 and 24.
From Monday to Thursday
inclusively:
Ø
|
Working
hours: 16:50 to
01:30
|
Ø
|
Unpaid
meal: 21:00
to 21:30
|
Ø
|
Breaks: 2
|
Friday
only:
Ø
|
Working
hours: 16:50 to
00:30
|
Ø
|
Unpaid
meal: 21:30
to 22:00
|
Ø
|
Break: only
1 break before supper.
|
-38-