EXHIBIT 10.54
COLLECTIVE LABOUR AGREEMENT
BY AND BETWEEN
PRODUITS CHIMIQUES XXXXXXXX
XXXXXXXXXX, QUEBEC
AND
OFFICE AND PROFESSIONAL EMPLOYEES
INTERNATIONAL UNION
LOCAL 480 - C.L.C.
BUCKINGHAM (QUEBEC)
JUNE 25, 1995 TO NOVEMBER 14, 1997
----------------------------------------------
INDEX
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ARTICLES PAGES
--------------------------------------- -----
GENERAL PURPOSE 3
1 RECOGNITION 3
2 UNION SECURITY 4
3 MANAGEMENT RIGHTS 5
4 VACATIONS 5
5 HOLIDAYS 8
6 LEAVE OF ABSENCE 10
7 SENIORITY 11
8 DISCHARGE AND DISCIPLINE 14
9 INSURANCE AND PENSION 00
00 XXXXXXXX XXXXXX 00
00 HOURS OF WORK 18
12 OVERTIME & PREMIUM PAYMENTS 19
13 WORK SCHEDULES & RATES OF PAY 22
14 REST PERIODS 23
15 GRIEVANCE PROCEDURE 24
16 ARBITRATION 25
17 SICK LEAVE 26
18 BEREAVEMENT LEAVE 26
19 SEPARABILITY 27
20 SAFETY AND HEALTH 27
21 GENERAL 27
22 EFFECTIVE DATE OF DURATION OF AGREEMENT 29
APPENDIX "A" 31
APPENDIX "B" 31
APPENDIX "C" (Schedule of weekly rates) 32
APPENDIX "D" (12 hour schedule) 34
LETTER OF AGREEMENT 39
LETTER OF AGREEMENT 42
LETTER OF AGREEMENT 43
LETTER OF AGREEMENT 44
3
COLLECTIVE LABOUR AGREEMENT
---------------------------------------
by and between
Produits Chimiques Sterling
and
Office and Professional Employees
International Union
Local 480 - C.L.C.
GENERAL PURPOSE
---------------
The purpose of and consideration for this agreement is to provide orderly
collective bargaining relations between the Company and the Union on matters
covered by this agreement, to secure prompt disposition of grievances, to
establish wages, hours and working conditions for the employees covered by this
agreement.
ARTICLE 1 - RECOGNITION
-----------------------
1.01 The employer agrees to recognize the Union as the sole collective
bargaining agent for salaried employees as certified by the attached
request dated August 23rd, 1995 in accordance with Article 39 of the
Labour Relations Board of the Province of Quebec.
1.02 The words employee and employees when used in this agreement shall mean
persons in the employ of the Company within the bargaining unit,
described in Article 1 - Recognition and covered by this agreement.
1.03 Employees of the Company not included in the Bargaining Unit will not work
on any job covered by this agreement, except:-
(a) For the purpose of instructions or training;
(b) In the case of emergencies as defined in 13.03 (c);
(c) For work of an experimental, development or auditing nature;
(d) For start-up of new equipment;
(e) When regularly assigned employees are not available to report to
work.
1.04 The Company will discuss with the Union any newly created position which
the Union considers should be included in this bargaining unit.
4
ARTICLE 2 - UNION SECURITY
--------------------------
2.01 The Union agrees that:
(a) There will be no Union activity during Company time;
(b) There shall be no strikes or other action which would stop or
interfere with production and that if any such action should be
taken, it will instruct its members to carry out the provisions of
this agreement by returning to work and by performing their duties.
2.02 The Company agrees that:
(a) The Company will collect the initiation fees and dues for the Union
and will remit such deductions to the Secretary-Treasurer. The
initiation fee will be deducted from the employee's wages when he
joins the Union. The Secretary-Treasurer will advise the Company in
writing, of the names of the employees from whom such deductions
will be made. The employees will authorize the Company to make the
deductions on the forms attached hereto as Appendix "A" and "B";
(b) It will not cause or direct any lock-out of any employee so long as
this agreement is in effect.
2.03 As a condition of continued employment, all present employees covered by
this agreement shall become members of the Union within thirty (30) days
of signing of this agreement and all new employees covered by this
agreement shall become members of the Union on their hiring date and
shall remain members of the Union in good standing during the terms of
this agreement.
2.04 For the purpose of this article, a member of the Union in good standing
shall mean an employee who has paid or tendered his regular monthly
Union dues.
2.05 The Union shall indemnify the Company and save it harmless from any claim
which may be made against it by an employee or employees for amounts
deducted from wages as provided by this Article.
5
ARTICLE 3 - MANAGEMENT RIGHTS
-----------------------------
3.01 It is recognized by the Union that Managements rights, responsibilities
and authority shall be modified only as specifically stated in this
agreement, otherwise management of the business and all of its aspects
are vested exclusively in the Company.
3.02 Without restricting the generality of the foregoing the exercise of such
rights by the Company shall include and not be limited to the right to
hire, to direct the working forces, assign and reassign duties, schedule
and classify the work, promote, demote, transfer, make lay-offs due to
lack of business, make and enforce rules, regulations and systems, and
suspend and discharge for just cause or otherwise discipline employees.
This agreement constitutes a complete understanding between the parties.
3.03 The Company agrees that its exclusive functions shall not be exercised in
a manner inconsistent with all provisions of this agreement.
ARTICLE 4 - VACATIONS
---------------------
4.01 Notwithstanding the provisions of 7.04 and solely for the purpose of
vacation entitlement, seniority in this article shall mean the combined
length of service with Produits Chimiques Sterling plus that with AWA
(ERCO) which was recognized with the August 21, 1992 sale of company.
This applies only to employees with seniority in this bargaining unit at
November 15th 1974.
4.02 Employees who have completed less than one (1) year of seniority on May
1st of the current year shall receive one (1) day of vacation for each
working month of continuous service not to exceed a maximum of two (2)
regular weeks. However, an employee may, during his first year of
employment, take one (1) week of his vacation eligibility, as defined
above, after having completed six months of service.
4.03 Employees who have completed one (1) or more years of seniority but less
than three (3) years of seniority on or before May 1st of the current
year shall receive two (2) weeks' vacation.
4.04 Employees who have completed three (3) or more years of seniority but less
than ten (10) years of seniority on or before May 1st of the current
year shall receive three (3) weeks' vacation.
4.05 Employees who have completed ten (10) or more years of seniority but less
than eighteen (18) years of seniority on or before May 1st of the
current year shall receive four (4) weeks' vacation.
4.06 Employees who have completed eighteen (18) or more years of seniority but
less than twenty-five (25) years of seniority on or before May 1st of
the current year shall receive five (5) weeks' vacation.
6
4.07 Employees who have completed thirty (30) or more years of seniority on or
before May 1st of the current year, shall receive six (6) weeks'
vacation.
4.08 The amount of vacation pay for each week of vacation shall be one (1)
week's regular straight time pay at the employee's current regular
salary rate or 2% of previous year's gross earnings per week of
vacation, the greater of both to be applied.
4.09 Vacations must be taken during the twelve (12) month period between May
1st and April 30th.
4.10 Vacations will be taken during the twelve (12) month period between May
1st and April 30th. Advance vacations may be taken during the current
calendar year after January 1st.
4.11 In the event a holiday named in this contract falls during an employee's
vacation period, the employee shall have the option of being paid for
the day owing, or having an additional day of vacation, the day to be
agreed upon by the Department Head.
4.12 A vacation schedule shall be completed by the employer and posted by May
1st of each year.
4.13 Senior employees, as defined in clause 7.04, will be given preference in
the selection of vacation periods.
4.14 When at the request of the Company, an employee agrees to return to work
during his vacation, he will be paid at twice his regular rate for all
hours worked, in addition to his vacation pay.
7
4.15 When an employee leaves the employ of the Company for any reason, he shall
receive the vacation payment to which he is entitled for the portion of
the current year during which he was employed since May 1st and the
vacation pay to which he became entitled on May 1st, if he has not
already received this vacation pay. If an employee is hired again he
will be paid vacation pay only for the length of time he has been back
on the payroll.
4.16 Every effort will be made to give the employee all of his vacation at the
time requested by him. The ultimate determination of vacation time,
however, will be vested in the Company to ensure efficient operation of
the Plant. The Company shall have the right to divisional shutdowns for
the purpose of granting vacations. The Company will endeavour to give
as much advance notice as possible of vacation periods.
4.17 Vacations may be deferred to be taken later according to the following
provisions:
a) Only vacations in excess of two (2) weeks per year can be deferred.
b) The total of deferred vacations cannot exceed twelve (12) weeks.
c) Deferred vacations may be taken at any time provided they do not
conflict with the regular vacations of other employees.
d) Deferred vacations are payable at retirement or upon termination of
employment for any reason.
4.18 The Vacation eligibility of temporary employees will be calculated in the
same manner as that of regular employees with the exception that
eligibility will be based on time actually worked. Each fifty-two (52)
weeks actually worked will be equivalent to one (1) year of service.
4.19 An employee who is absent due to illness or injury for more than twelve
(12) months beyond the end of his forty-one (41) week period of weekly
indemnity payments will not be eligible for vacation pay.
4.20 Employees may elect to take one (1) week of vacation per year in single
days. The days will be taken at a time mutually agreeable to the
employees and the Company.
8
ARTICLE 5 - HOLIDAYS
--------------------
5.01 Each employee covered by this agreement will receive his straight time
rate with the number of straight time hours the employee would otherwise
have worked on the following statutory holidays:
New Year Day
Day after New Year's
Good Friday
Queen's Birthday
St-Xxxx Xxxxxxxx
Canada Day
Civic Holiday
Labour Day
Thanksgiving
Armistice
Christmas
Day after Christmas
This will apply only:-
a) When a specified holiday falls or is directed by statute to fall on
a normal work day.
b) When an employee has been at work on his last regular working day
before the holiday and on his first regular working day after the
holiday unless absent due to vacations, verified illness,
bereavement leave, jury duty or approved leave of absence.
5.02 Holidays which fall on Saturday will be observed on the preceding Friday
and holidays which fall on Sunday will be observed on the following
Monday unless the parties agree otherwise.
5.03 Employees who are required to work on Christmas Day or New Year's Day will
be granted equivalent time off with pay. The time off will be taken at
a time mutually agreeable to the employees and the Company. The extra
time off given for anyone working these holidays will be given to the
person or persons working the actual rather than the observed holiday.
This would apply only when Christmas or New Year's fall on Saturday or
Sunday.
9
Employees scheduled to work on any of the holidays mentioned in
paragraph 5.01 above will be paid for the hours actually worked at one
and one-half times their regular straight time hourly rate in addition
to any holiday pay to which they may be entitled under the provisions of
this agreement except when the hours are worked between 11.30 p.m. and
7.30 a.m. when they will be paid at twice their regular straight time
hourly rate. However, when a holiday is observed on a Sunday, employees
will be paid for the hours actually worked at twice their regular
straight time hourly rate. Employees may elect to accumulate those
holidays according to the provisions of paragraph 5.04.
5.04 When an employee works on any of the observed holidays, he shall have the
option of being paid for these holidays or taking them as time off. The
days owing for these holidays can be accumulated and taken consecutively
or separately.
a) It is intended that holidays may be accumulated to permit employees
to take time off in units of one (1) week. However, employees may
take time off in units of one (1) day.
b) Employees on twelve (12) hour rotating shift schedules, may take
time off in units of one and one-half days (12 hours).
c) Employees can take pay in lieu of additional days off or
accumulated holidays.
d) Days off will be taken at a time mutually agreeable to the
employees and the Company.
e) The total of accumulated holidays and deferred vacation cannot
exceed twelve (12) weeks.
5.05 An employee who works on a holiday will not be scheduled to work less than
five (5) days in a week in which there is one (1) holiday or four (4)
days in a week in which there are two (2) holidays.
5.06 An employee who is absent due to illness or injury for more than twelve
(12) months beyond the end of his forty one (41) week period of weekly
indemnity payments will not be eligible for holiday pay.
10
ARTICLE 6 - LEAVE OF ABSENCE
----------------------------
6.01 The employer may grant a leave of absence without pay to an employee
selected to perform work for the Union provided that such leave of
absence shall not exceed five (5) calendar days for any such employee.
Such leave of absence will include union conventions and conferences.
Employees granted such leave of absence will retain and accumulate
seniority. The Company reserves the right to restrict the number of
employees absent at any one time.
6.02 An employee may be allowed a leave of absence without pay up to three (3)
months for personal reasons consistent with Company policy, providing he
requests it from the Company in writing, and the Company believes the
leave is for good reason and does not interfere with efficient
operations. Seniority shall continue to accumulate during his absence.
6.03 On written request of the Union to the Personnel Department, the Company
may, wherever practical, grant leave of absence to not more than one
employee selected by the Union to work in an official capacity on a
full- time basis. Such leave of absence shall be limited to twelve (12)
months. It is understood that the Company's need for properly trained
personnel will have a bearing on its willingness to grant such leave.
Seniority will be retained on a cumulative basis for the maximum period
of twelve (12) months.
Group insurance and pension benefits would continue to apply provided
the employee and employer shares of the premiums are paid by the
employee and/or the Union.
6.04 An employee returning from approved leave of absence shall assume his
former position at his former rate of pay in addition to any negotiated
wage increases which were applied to his job classification during the
period of lay-off. In the event that the position has ceased to exist
during his absence, the employee may exercise his seniority rights to
assume a position for which he is qualified.
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ARTICLE 7 - SENIORITY
---------------------
7.01 The seniority of each employee covered by this Agreement shall be
established after three hundred and sixty (360) hours worked within a
six (6) consecutive month period.
7.02 a) After a period of three hundred and sixty (360) hours worked within a
six (6) consecutive month period, an employee shall have his name
placed on a seniority list unless the parties agree otherwise. The
seniority date shall be calculated from a period equivalent to
three hundred and sixty (360) working hours prior to the
establishment of such seniority.
b) Temporary employees hired as replacements for vacations, illnesses,
leaves of absence and peak work periods will not acquire seniority.
c) A peak work period will not exceed thirteen (13) consecutive weeks
in the same position unless by special agreement between the
parties. If no special agreement exists, the provisions of 7.02 a)
will apply after thirteen (13) weeks.
Any abuse of the thirteen (13) week consecutive period will be
subject to the grievance procedure.
d) Experience acquired by temporary employees will not count for
future promotions on regular permanent positions.
7.03 The retention, lay-off and discharge of an employee who has not acquired
seniority are entirely within the discretion of the Company. In no case
shall these matters only be the subject of a grievance. However,
probationary and temporary employees shall retain all other rights
defined in this agreement.
7.04 a) Seniority shall mean the length of continuous service in the
employ of the Company at its Buckingham Plant in a position within
the bargaining unit. The sole exception to the above is defined in
clause 4.01.
b) An employee promoted or transferred to a position outside the
bargaining unit and in the employ of the Company will maintain, but
not accumulate seniority for a period of twenty-four (24) months.
An employee returning to the bargaining unit within twenty-four
(24) months shall assume his former position. In the event that
the position has ceased to exist, the employee may exercise his
seniority rights to assume a position for which he is qualified.
12
7.05 Seniority of an employee shall cease for any one of the following reasons:
a) If the employee quits his employment;
b) If the employee is discharged for cause and such discharge is not
reversed through the grievance procedure;
c) If the employee fails to return to work within five (5) consecutive
working days after notification to do so to his address, which
shall be the last one he has given the Company;
d) If the employee is laid-off for a period of more than twenty-four
(24) consecutive months. However should the employee be re-hired
within this period of twenty-four (24) months the seniority which
he had at the date of lay-off shall be restored.
7.06 Seniority shall be computed on a departmental basis.
The departments for the purposes of this agreement are as follows:
1. Laboratory
2. General Offices
7.07 a) In cases of promotions, demotions, transfers, lay-offs and recalls,
seniority shall govern, provided the employees have relatively
equal qualifications required to do the work.
b) An employee acquires bumping rights when he is permanently
displaced from his regular occupation. An employee acquiring such
bumping rights may displace an employee with less seniority, within
the same seniority group as described in 7.06, if one of the
following conditions are met:
1. the employee previously occupied the position by posting, and
completed the training required.
2. the employee possesses the qualifications to perform the
required work and is able to perform the required work after a
familiarization period of approximately three weeks.
13
7.08 Newly created jobs and vacancies shall be posted on the bulletin boards
for five (5) working days. Such posting shall state the classification,
requirements for the vacancy, and salary grade. A copy of the posting
will be sent to the Union at the same time. Any employee wishing to
apply shall sign the posting, and under the circumstances that an
employee is absent, the Union could sign the posting in his absence.
Within five (5) working days of receipt of the signed posting by the
Human Resources Department, an application form will be sent to all
applicants. The completed application form must be returned to the
Human Resources Department within five (5) working days. The Company
will post on the bulletin boards the name of the successful applicant
within thirty (30) days from the first day of posting and send a copy to
the Union. It is understood, however, that the Company may make a
temporary appointment for such period as is necessary to complete the
posting, and fill such vacancy. Should no qualified candidate apply,
the vacancy may be filled from outside the bargaining unit. Temporary
vacancies of less than six (6) weeks duration will not be posted.
Employees transferred in accordance with this clause may return to their
former position within four (4) weeks of their transfer provided that
there is valid justification.
7.09 Notice of lay-offs shall be given two (2) weeks before such lay-offs
except when the employee has over five (5) years seniority where such
notice shall be four (4) weeks. In cases of emergency as defined in
13.03 c) the length of time shall be reduced to three (3) days.
7.10 An employee recalled and reinstated to his former position held shall
receive his former rate of pay in addition to any negotiated wage
increases which were applied to his job classification during the period
of lay-off.
7.11 Any notice of re-employment to an employee who has been laid off shall be
made by registered mail to the last known address of such laid-off
employee. It is the responsibility of the employee to keep the Company
informed of his current address.
The employer agrees to recall employees on the recall list before hiring
from the open market subject to the provisions of Article 7.07.
7.12 The Company agrees to submit a seniority list the Union on each
anniversary date of the contract.
7.13 The Company undertakes to advise the Union Executive Committee at least
sixty (60) calendar days prior to any change which will result in a lay-
off following the elimination of a permanent position.
14
7.14 SEVERANCE PAY
-------------
Employees shall be paid severance pay when they are laid-off due to lack
of work. However, severance pay will not apply to lay-offs caused by
emergencies as defined in article 13.03 of the collective agreement.
The severance benefit will be two (2) weeks pay (37.5 or 40 hours per
week) at the employee's regular straight time rate for each complete
year of seniority.
Employees who are re-hired will begin to accumulate a new service credit
based on time actually worked from their last date of hire.
Students hired for a vacation period and temporary employees will not
qualify for severance pay.
ARTICLE 8 - DISCHARGE AND DISCIPLINE
------------------------------------
8.01 It is hereby agreed that the employer has the right to discharge for just
and reasonable cause. The Company agrees to notify the Union in writing
of any such discharge.
8.02 In the event that an employee, whose name appears on the seniority list,
has been discharged, disciplined or suspended, and it is alleged that he
has been unjustly dealt with, the grievance procedure may be used. The
grievance must be submitted in writing to the Personnel Department
within fifteen (15) days of the discharge and in such cases, step one
(1) of the grievance procedure shall be omitted. In such cases,
reinstatements in the employ of the Company and compensation for loss of
earnings shall be within the jurisdiction of the Arbitration Board.
8.03 Written notices of disciplinary action shall be withdrawn from an
employee's file and shall not be used against the employee after the
expiration of a 12 month period following the last disciplinary notice
entered in his file.
15
ARTICLE 9 - INSURANCE AND PENSION
---------------------------------
9.01 a) The Company agrees to continue the present contributory pension plan
for the duration of this agreement. No changes shall be made to
the plan except by mutual consent of the parties.
b) The basic provisions of the pension plan are as follows:
- Membership: Compulsory after twelve (12) months of service.
- Normal Pension: Normal annual pension is 1.25% of the average
of the employee's best three (3) year's earnings
multiplied by the number of years of credited
service.
Full earned pension at age 60 provided employees have 25 or more years
of seniority.
As of November 15, 1996, this will be reduced to 20 years or more years
seniority.
As of November 15, 1996, a bridging of $200.00 per month from age 60 to
65 will be given to employees on full pension.
Health Insurance
----------------
Company will pay the full cost of health insurance (Major Medical) for
retirees to age 65.
- Interest rate on employee contributions will be the annual average
of bank interest on a non-checking savings account.
- Employees absent from work due to illness or injury may elect to
repay missed pension contributions on the basis of the following
formula:- employees will repay 49% of the premium, however will
have no premiums to reimburse when he is receiving 70% of his
salary while on W.I.
9.02 The Company shall furnish to the Union at least once annually a copy of
any financial or other report of the operation of the plan made to it by
the underwriter.
9.03 The Union agrees that any grievances concerning the plan will not be
subject to the arbitration procedure.
Group Insurance Benefits
------------------------
It is understood that the Company contributions shall apply against the cost of
all present insurance benefits during the life of this agreement. It is further
understood that the stipulated Company contributions shall only be increased in
the event of premium increases for the coverage which has been mutually agreed
upon. In such cases, of increased premiums, the additional cost shall be borne
equally by the Company and the employee.
16
Mutually agreed upon insurance coverage
---------------------------------------
Grade I Grade II or
-----------------------
Higher
-----------
(a) Life insurance $55,000 $60,000
Accidental Death Dismemberment $55,000 $60,000
(b) Major Medical Benefits:
- Deductible - 25$/family maximum
- Basis of Payment - 100%
- Injections not paid by Quebec Health Insurance.
- Includes Paramedical benefits
- Maximum $15,000 per person per year of medical coverage.
(c) Weekly Indemnity: (41 weeks maximum)
1st five (5) weeks:
100% of the employee's weekly salary which is the weekly rate
of his job posting on the 1st day of his absence.
Following thirty-six (36) weeks:
70% of the employee's weekly salary which is the weekly rate of
his job posting on the 1st day of his absence.
For the laboratory technicians:
The weekly salary will be determined by multiplying his hourly
job posting rate by 40 hours.
Applies normally to absences of two (2) days or more in duration
but also applies to absences of two (2) days or less, if the sick
bank has already been exhausted.
Reduced of all other benefits provided by the various government
legislations up to a total of 100% of the employee's salary for the
first five (5) weeks followed by a total of 90% of the employee's
salary for the remaining 36 weeks.
The W.I. will end at age 65, on the retirement date that the
employee would have indicated when the choice of his pension
payments have been signed off or when deceased.
17
(d) Hospital Benefit - Semi-private room - unlimited
(e) Waiting period - 3 months continuous service.
(f) In case of lay-off of employees with seniority, all benefits except
weekly indemnity remain in effect to end of next calendar month
following date of lay- off.
Dental Plan - The dental programme agreed to by the parties
----------- shall be considered an integral part of this
agreement.
- Periodontics - 100%
- Major restoration - 50% (crowns, bridges,
dentures) with $1,500. maximum per year per
each member of the family.
Eye Care
---------
Fifty percent (50%) of costs associated with glasses, replacement
lenses, contact lenses, and eye examination up to a maximum of
150.00$ per two calendar years and for each member of the family.
(g) Long Term Disability Benefit
----------------------------
An employee who has exhausted his weekly indemnity will be eligible
to receive, with satisfactory medical evidence, the long term
disability benefit.
The long term disability benefit will be sixty percent (60%) of the
employee's monthly salary, determined by multiplying by 52 and then
dividing by twelve (12) the weekly rate of the employee's job
posting during his first day of absence, and up to a maximum of
$2000.00 per month.
The amount of the benefit will be reduced by all other benefits
provided by various goverment legislations including unemployment
insurance.
The long term disability benefit will be for two (2) years if the
employee is incapacitated only with respect to his posting or will
be extended up to age 65 if the employee is totally disabled
according to the insurer.
Although after two (2) years of incapacity in his posting, an
employee who has acquired fifteen (15) years of service and a total
of years of service and age equal to 65, and who is unable to work
in his posting at Sterling, will continue to receive the long term
disability benefit up to the age when the employee can take his
retirement without actuarial reductions.
This benefit will end when the employee is no longer disabled or
when deceased.
18
(h) The Company shall furnish to the Union at least once annually a
copy of any financial or other report of the operation of the plan
made to it by the underwriter. Dividends or other rebates made by
the underwriter to the Company shall be shared equally by the
Company and the employees or shall, by mutual agreement, be applied
against the increased costs, if any, or improved benefits.
(i) Retired Employee Death Benefit
------------------------------
On retirement an employee will receive a paid-up Group Death
Certificate payable to his named beneficiary based upon a formula
of $100.00 for each completed year of service with a minimum of
$500.00.
ARTICLE 10 - BULLETIN BOARDS
----------------------------
10.01 Bulletin boards shall be provided by the Company for the use of the
Union. They shall be located as designated by the Company. All notices
shall be signed by the President of the Union or some other authorized
signing officer of the Union and before posting, shall be submitted for
approval to the Plant Manager or someone designated by him. The answer
to requests for posting will be given within one (1) day.
10.02 Use of bulletin boards shall be restricted to notices of Union
recreational and social affairs, Union elections, results of Union
elections, Union appointments, time and place of Union meetings.
ARTICLE 11 - HOURS OF WORK
--------------------------
11.01 The normal working hours shall be as follows:
Technical Department Commercial, Production &
--------------------------- ------------------------
Engineering Departments
------------------------
23h30 to 07h30 08h00 to 16h00
07h30 to 15h30 or
15h30 to 23h30 07h30 to 15h30
12 hour shifts only
---------------------------
Day shift 07h30 to 19h30
Night shift 19h30 to 07h30
No changes shall be made in the above working hours except by mutual
consent between the Union and the Employer. However, in the Commercial
and Engineering departments, employees and their supervisors may agree
to modify the working hours subject to the guidelines established by the
parties.
19
11.02 a) The normal work day for employees not assigned to shift work for the
purpose of this Article, shall be eight (8) consecutive hours with
an unpaid lunch period of one-half (1/2) hour.
b) The normal day for employees assigned to shift work for the purpose
of this Article, shall be eight (8) consecutive hours with a paid
lunch period of one-half (1/2) hour.
c) An employee who works or is scheduled to work a week the afternoon
or night shift shall be considered a shift worker for the following
week.
11.03 a) The day shall commence at 12.00 midnight (Commercial) and 11.30 p.m.
(Laboratory) and shall consist of twenty-four (24) consecutive
hours.
b) The week shall commence at midnight on Saturday and shall consist
of seven (7) consecutive days.
11.04 In the event that an employee cannot report to work, he must notify his
supervisor, or his representative, as soon as possible before the start
of his shift.
11.05 12 hour shifts only
The day shall commence at 7.30 a.m. and shall consist of twenty-four
(24) consecutive hours.
ARTICLE 12 - OVERTIME & PREMIUM PAYMENTS
----------------------------------------
12.01 a) All authorized overtime worked shall be paid at the rate of one and
one- half times the employee's regular rate of pay unless otherwise
specified.
b) In the case of scheduled overtime, the employee will be paid a
minimum of two (2) hours at the applicable rate when the scheduled
time is less than two (2) hours except where the provisions of
12.08 apply.
12.02 a) Employees who work beyond the normal office hours at the request of
the Department Head, will be compensated at the applicable overtime
rate.
b) Employees who work shifts will be paid at straight time for the
first eight (8) hours worked per day. Additional authorized hours
will be paid for at the applicable overtime rate.
c) In a week in which a holiday occurs, overtime shall be paid for all
hours worked in excess of thirty (30) hours by day-workers or
thirty two (32) hours by shift-workers. This is exclusive of any
time worked on an employee's scheduled days off or on the statutory
holiday itself.
20
d) In a week in which two (2) holidays occur, overtime shall be paid
for all hours worked in excess of twenty-two and one half (22 1/2)
hours by day-workers or twenty-four (24) hours by shift-workers.
This is exclusive of any time worked on an employee's scheduled
days off or on the statutory holidays themselves.
12.03 Employees will be paid at one and one-half (1 1/2) times their regular
rate for normal hours worked on Saturdays, Sundays and holidays provided
they are scheduled according to the provisions of Article 13 or if the
employee has been advised in writing before 15h00 on the previous
Friday.
12.04 a) Employees will be paid at the applicable overtime rate for work on
scheduled days off where the employee has worked his regular
schedule in that week.
b) However, the first two (2) hours will be paid at twice their
regular hourly rate if they have not been advised of the overtime
to be worked within the time limits defined in clause 13.01.
12.05 Employees shall be paid at twice their regular rate for all overtime
hours worked on Sundays and statutory holidays.
12.06 All employees shall be paid at twice their regular hourly rate for all
overtime hours worked between 11.30 p.m. and 7.30 a.m. provided such
work does not result from changes made at the request of the employees
concerned.
12.07 a) Employees who are called-in to work outside their normal working
hours will receive a minimum of four (4) hours pay at their regular
rate of pay. After two (2) hours of work, the minimum will be
considered satisfied and the employee will be paid at the
applicable overtime rate for additional time worked.
Call-ins which occur between 11.30 p.m. and 7.30 a.m. will be paid
a minimum of two (2) hours at triple the employees regular straight
time rate.
b) For a call-in on Sunday or a statutory holiday, an employee shall
receive a minimum of two (2) hours pay at triple the normal hourly
rate.
12.08 Part shifts worked immediately prior to or immediately after an
employee's regularly scheduled shift shall be considered as overtime
hours and not as call-in hours.
21
12.09 For the purpose of avoiding pyramiding of overtime, hours compensated for
at time and one-half or double time rates, shall not be counted further
for any purpose in determining overtime liability under the same or any
other provisions.
12.10 No overtime will be paid because of personal arrangements between
employees. All such arrangements, must be made with the permission of
the employee's Supervisor or his representative.
12.11 a) A shift differential shall be paid for each complete shift except
for the day shift which will be the shift normally commencing between
7.00 a.m. and 9.00 a.m. For the duration of this agreement the
differentials will be:
16h00 to 24h00 - $0.85/hour
24h00 to 08h00 - $1.50/hour
12 hours - $1.57/hour
b) The shift differential shall not enter into the calculation of
holiday pay nor vacation pay.
c) The shift differential is not payable on call-ins and overtime
unless a complete shift is worked.
d) The shift differential will be added after any overtime calculation
is made.
12.12 An employee who has worked forty (40) or more hours of overtime in the
year will have the option of taking up to two (2) weeks off without pay
during the current year at a time mutually agreeable to the employee and
the Company according to the following formula:
40 hours of overtime work - maximum one (1) week off.
80 or more hours of overtime work - maximum two (2) weeks off.
12.13 Employees will receive a meal allowance when they are required to work
overtime without adequate prior notice.
Meal allowances will be paid as follows:
a) after two (2) hours of overtime work and every four (4) hours
thereafter.
b) the meal allowance will be:
June 25, 1995 Nov. 15, 1995 Nov. 15, 1996
------------- --------------------------------
$7.50 $7.75 $8.00
22
ARTICLE 13 - WORK SCHEDULES & RATES OF PAY
------------------------------------------
13.01 Weekly work schedules for all employees will be posted before Wednesday
midnight of the preceding week and will be subject to change until 3.00
p.m. of the following Friday. All days off will be scheduled
consecutively unless one of the days off is Sunday. When this cannot be
done, the employees will receive four (4) hours pay at their regular
straight time hourly rate in addition to all hours worked in the week.
13.02 Employees will be compensated at the rate of time and one-half for the
fist shift worked following a change in the work schedule after 3.00
p.m. Friday. However, if the shift is worked between 11.30 p.m. and
7.30 a.m., compensation will be at double time rate.
13.03 The rate of time of one and one-half shall not apply in 13.02 if the
change is made for any of the following reasons:
a) Changes brought about by the absence of an employee due to illness
or compassionate reasons. If the absentee is not receiving sick
leave pay, the employee who replaces him will receive 1 1/2 times
his regular rate, provided other conditions to warrant such payment
are fulfilled.
b) Changes made as a result of an employee's request.
c) Emergencies such as floods, fires, explosions, serious mechanical
breakdowns, power failures, steam failures, customers' strikes or
suppliers' strikes.
13.04 a) All employees who are working the day shift and are required to
return to work for the following 11.30 p.m. to 7.30 a.m. shift,
will be sent home at 3.30 p.m. with no loss in pay. They will
still be allowed their normal lunch period.
b) If such employees work beyond 3.30 p.m., they will be paid at one
and one-half (1 1/2) times their regular hourly rate.
13.05 The Company may, at their discretion, make salary adjustments on an
individual merit basis at any time during or beyond the Salary
Progression Plan.
13.06 The weekly pay of employees will be deposited with the financial
institution of their choice.
23
13.07 Salary Progression Plan
-----------------------
a) All jobs have been classified into four (4) grades in the Quality
Control Department and into three (3) grades in the Commercial and
Engineering Departments. The minimum and standard for each rate
range are noted in the schedule of rates.
b) Progression from the minimum to the standard rate shall be
automatic on an annual basis. Incremental increases shall be
effective on the anniversary date of the employee.
Automatic progression shall also apply to temporary employees on
the basis of each fifty-two (52) weeks actually worked.
c) Each employee's performance and salary shall be reviewed annually
and, in addition, the performance of a new employee shall be
reviewed at the end of three (3) months.
d) If an employee is promoted or transferred into a new job grade, for
half a day or more, he will receive an increase of $20.00 per week
or the minimum for that grade, whichever is greater. However, the
employee will not receive a lower salary in his new job grade than
he would have received in his former job grade.
e) Employees replacing monthly salaried positions will be paid an
adjustment of $50.00 per week after having worked one half day
(1/2) or more in this position.
f) Whenever a temporary employee is employed in a Grade II position
the most senior employee with seniority in Grade I will be paid the
greater of either the minimum of Grade II or a differential of
$10.00 per week. This will not apply when the employee in Grade I
declines the Grade II position.
ARTICLE 14 - REST PERIODS
-------------------------
14.01 Break period for Technical Department will be 9.30 a.m. to 9.50 a.m. and
2.00 p.m. to 2.20 p.m.
Break period for Commercial, Production and Engineering Departments will
be 10.15 a.m. to 10.35 a.m. and 2.30 p.m. to 2.50 p.m. This
specifically means twenty (20) minutes from the time work is interrupted
until it resumes.
12 Hour shifts only
-------------------
All employees will have the right to three (3) twenty (20) minute rest
periods during their regular working hours each day. This specifically
means twenty (20) minutes from the time work is interrupted until it
resumes.
24
ARTICLE 15 - GRIEVANCE PROCEDURE
--------------------------------
15.01 A grievance is any disagreement respecting the interpretation or
application of this collective agreement.
15.02 An employee may, and is encouraged, to discuss any possible grievances
with his immediate supervisor for the purpose of seeking a solution.
15.03 A grievance shall be presented in writing within fifteen (15) days of its
occurrence in the following manner and sequence:
15.04 Step No. 1
----------
The griever will submit the grievance to his immediate supervisor or in
his absence to the Department Head. The decision of the department
shall be rendered within five (5) days.
15.05 Step No. 2
----------
If the griever does not accept the decision rendered at Step No. 1 or if
the decision is not rendered within five (5) days, the griever may,
within five (5) days, submit the grievance to the Plant Manager who
shall render his decision within seven (7) days.
15.06 At Step No. l, the griever may be accompanied by his Shop Xxxxxxx if he
so elects. At Step No. 2 the Grievance Committee has the right to be
present at all meetings relating to the grievance.
15.07 When an agreement has been reached at any stage of the grievance
procedure, it shall be put in writing and it shall be final and biding
on all parties.
15.08 Saturdays, Sundays, holidays (as defined in Article 5) and scheduled days
off, shall not be counted in determining the time within which action
has to be taken or completed under the grievance procedure.
15.09 Any adjustment arising out of the settlement of a grievance shall not be
made retroactive to a date which is more than fifteen (15) days prior to
the date on which the grievance was presented as provided for in the
grievance procedure.
15.10 The Company and the Union may make use of the foregoing grievance
procedure.
15.11 If a grievance is not taken to the next higher step within the prescribed
delay, it shall be deemed to have been settled. A grievance which is
not presented in accordance with the provisions of this Article, shall
be deemed to be abandoned and shall not be entitled to consideration
thereafter.
15.12 The Company and the Union will honour requests for reasonable delays in
processing grievances.
25
ARTICLE 16 - ARBITRATION
------------------------
16.01 A grievance which has not been settled after being carried through the
steps of the Grievance Procedure in accordance with Article 15, may be
referred to arbitration in accordance with the following procedure:
16.02 Notice of reference to arbitration shall be given in writing to the other
party within thirty (30) working days after the rendering of the
decision by the Plant Manager or within thirty (30) working days of the
expiry of the delay provided for in Step No. 2 of the Grievance
Procedure.
16.03 The grievance will be heard by a single arbitrator selected by the
parties. If there is no agreement on the selection for an arbitrator
during the twenty (20) days following the notice of reference to
arbitration, the Union or Company representative may request the
Minister of Labour to name one.
16.04 If either party desires the grievance to be heard by a three-man board,
the parties will each appoint a representative.
If there is no agreement on the selection of a chairman of the
arbitration board during the twenty (20) days following the notice of
reference to arbitration, the Union or Company representative may
request the Minister of Labour to name one.
16.05 If the notice of reference to arbitration is not sent within the
specified delay, the grievance shall be deemed to have been abandoned
and shall not be entitled to consideration thereafter.
16.06 Saturdays, Sundays, holidays (as defined in Article 5) and scheduled days
off, shall not be counted in determining the time within which action
has to be taken or completed under the grievance procedure.
16.07 The arbitrator or arbitration board shall have jurisdiction to interpret
the provisions of this agreement in so far as shall be necessary to the
determination of the grievance, but shall not have jurisdiction or
authority to alter in any way, add to or make any decision inconsistent
with the provisions of this agreement.
16.08 The decision of the arbitrator or arbitration board shall be final and
binding upon the parties hereto and the employee or employees concerned.
16.09 The decision of the arbitrator or arbitration board shall be rendered
within thirty (30) days after completion of the hearings.
16.10 The award of the arbitrator or arbitration board shall not be made
retroactive to a date which is more than fifteen (15) days prior to the
date on which the grievance was presented as provided for in the
grievance procedure.
16.11 Each of the parties shall bear its own costs and the expenses of its
representatives. The parties shall bear jointly the fees and expenses
of the arbitrator.
26
ARTICLE 17 - SICK LEAVE
-----------------------
17.01 Sick leave may be granted to an employee who presents satisfactory
medical evidence of illness.
17.02 A total of 48 hours of sick leave (either 6 days of 8 hours or 4 days of
12 hours) non-accumulative will be granted on an annual basis for
absences of 2 days or less of sickness.
17.03 The sick leave granted will be renumerated at 100% of the regular job
posting salary at the time the illness commences.
17.04 An employee who submits false evidence of illness, shall be subject to a
penalty and shall not be eligible for sick leave pay.
ARTICLE 18 - BEREAVEMENT LEAVE
------------------------------
18.01 a) Bereavement leave of five (5) days will be granted to an employee in
the event of death in the immediate family (parents, spouse or
children). Maximum bereavement pay will be thirty seven and one
half (37 1/2) hours.
This leave of five (5) days may be taken between the day of the
death and the fourth day following the funeral.
b) Bereavement leave of three (3) days will be granted to an employee
in the event of the death of his brother, sister, mother-in-law or
father-in-law.
c) Bereavement leave of one (1) day will be granted to an employee in
the event of the death of his grandmother, grandfather, brother-in-
law, sister-in-law or grandchild.
d) The bereavement leave mentioned in b) and c) may be taken between
the day of the death and the second day following the funeral.
e) Bereavement pay shall be calculated on the basis of the employee's
regular straight time rate. This payment shall be made only where
the time off falls on the employee's working days.
f) 12 Hour shifts only
-------------------
Employees will be granted leave of five (5), three (3) or one (1)
day as defined above however, compensation will not exceed forty
eight (48), twenty four (24) or twelve (12) hours respectively.
A spouse is defined as a man or woman who are legally married and
cohabit.
Common-law spouse means a man or woman cohabiting for a period of
at least three (3) years or after one (1) year if a child is born
of their union.
27
ARTICLE 19 - SEPARABILITY
-------------------------
19.01 In the event that any provision of this agreement shall at any time be
declared invalid by any court of competent jurisdiction or through
Government regulations or decree, such decision shall not invalidate the
entire agreement, it being the express intention of the parties hereto
that all other provisions not declared invalid shall remain in full
force and effect.
ARTICLE 20 - SAFETY AND HEALTH
------------------------------
20.01 The Company will make all reasonable provisions for the health and safety
of the employees during their working hours and will furnish adequate
facilities and equipment which, in the opinion of the Company, are
necessary to protect the employees from injury. The Company, the Union
and the employee, acknowledge their responsibility to cooperate in the
maintenance of healthful and safe working conditions and the observance
of rules in that regard.
ARTICLE 21 - GENERAL
--------------------
21.01 The Company will supply the employees with a french and english copy of
the collective agreement.
21.02 In addition to the standard plant safety footwear, the Company will pay
up to eighty dollars (80.00$) in each calendar year towards the cost of
safety footwear for the position of Stores Clerk and his replacement.
Other positions requiring such coverage will be agreed on by both
parties.
21.03 The Company will grant the necessary permission to any employee called
upon to serve as a juror or as a subpoenaed witness. For each working
day that the employee is required to be in court, the Company will pay
the difference between his straight hourly time equivalent salary, for
the number of hours which he would normally work on his regular job and
his jury pay or witness pay. The employee will present proof of service
and the amount of pay received prior to payment under this clause.
21.04 In the event of employees sustaining injuries at work or becoming
affected by occupational disease during the course of their employment
and becoming physically handicapped as a result thereof, the Company
will endeavour to give the handicapped employee such suitable employment
as is available. Special consideration regarding service may be
considered by the parties in the application of this Article.
28
21.05 a) A pregnant employee may take leave without pay from the seventh (7th)
month of her pregnancy, or at an earlier date as determined by her
doctor, by submitting a medical certificate which is acceptable to
the Company's adviser.
b) Normally the employee must resume work during the four month period
following the confinement unless her doctor certifies that she is
unable to return during this period for medical reasons and
establishes another date of return. This certification, must be
acceptable to the Company's medical adviser. The maximum leave is
seventeen (17) weeks unless the employee takes advantage of the
provisions of clause 21.05 c) or the leave is extended for valid
medical reasons.
Any employee who does not meet the requirements of this clause will
be considered to have voluntarily terminated her service.
c) Notwithstanding the above, an employee will be granted a leave of
absence without Company pay up to a maximum of fifty two (52) weeks
however, during this period, the employee may receive the full
U.I.C. maternity income benefits. The employee must return to work
and satisfy the provisions of article 21.05 d) to receive the lump
sum payment as defined.
d) An employee who return to work in accordance with the provisions of
this article will receive a lump sum payment equivalent to 25% of
her weekly salary multiplied by the number of weeks of maternity
leave with a maximum of nine (9) weeks including the week of
confinement.
This lump sum must be repaid to the employer by the employee if she
voluntarily quits her employment within six (6) months of the date
of her return to work.
e) The employee covered by this article will return to the same
position she occupied prior to her maternity leave. If the
position has been abolished she may exercise her seniority rights
to obtain an equivalent or lower position.
f) The employer may replace such employee by a temporary employee for
the duration of the absence foreseen above.
29
g) A pregnant employee normally operating a CRT screen may request an
assignment to another position. The Company undertakes to try to
accommodate such a request taking into consideration the
qualifications of the employees involved and the provisions of the
collective agreement.
If a transfer is not possible, the employee will be eligible for a
leave of absence as defined in article 21.05 c) above.
The Company will respect the parental leave legislation.
21.06 Employees will have the right to examine his personal file.
ARTICLE 22 - EFFECTIVE DATE AND DURATION OF AGREEMENT
-----------------------------------------------------
22.01 This agreement shall become effective on June 25, 1995 and shall expire
on November 14, 1997. Within ninety (90) days preceding the date of
expiration of this agreement, either party may advise the other by
written notice of its desire to negotiate a new one.
22.02 The conditions of employment outlined in this agreement will remain in
effect after its expiration until a new agreement is signed or the right
of strike or lockout is exercised.
30
APPENDIX "A"
------------
To: Produits Chimiques Sterling
Date:__________________________
You are hereby authorized and requested to deduct from my weekly wages, an
amount as determined by the Local Constitution and by-laws.
The amount deducted shall be remitted monthly to the Financial Secretary of
Local 480 of the Office and Professional Employees International Union.
This authorization shall become effective the seventh (7th) day following
the date of its receipt by the Company and shall be automatically renewed from
year to year unless a notice cancelling the authorization is furnished in
writing to the Company by me and the Union within seven (7) days immediately
prior to the termination of this Agreement.
---------------------------------------------
(signature of employee)
00
XXXXXXXX "X"
------------
Date:________________________
I, the undersigned, hereby authorize and request Produits Chimiques Sterling
in accordance with the Agreement between the Company and the Union, to deduct an
initiation fee, an amount as notified to the Company by the Secretary- Treasurer
in writing, from my wages and to pay such amount to the Secretary- Treasurer of
Local 480, O.P.E.I.U.
I understand that refusal to pay this amount, makes me liable to dismissal
from the Company's employ.
--------------------------------------------
(signature of employee)
--------------------------------------------
(Witness)
32
ANNEXE "C"
----------
CEDULE DES TAUX HEBDOMADAIRE
----------------------------
SCHEDULE OF WEEKLY RATES
------------------------
GRADE OCCUPATION MINIMUM STANDARD
------------------------------------------------------------------------
COMMERCIAL - PRODUCTION - ENTRETIEN/ENGINEERING
------------------------------------------------------------------
I -Standardiste/receptioniste/Switchboard/receptionist
-Commis/dactylo/Clerk/typist
25 juin 1995 573.34 584.00 594.34 604.91 622.77 638.59
15 nov. 1995 584.81 595.68 606.23 617.01 635.23 651.36
15 nov. 1996 601.18 612.36 623.20 634.29 653.02 669.60
II -Commis-archives/Records Clerk
-Commis-comptes payables/Accounts Payable Clerk
-Commis-achats/Purchasing Clerk
-Commis-magasin/Stores Clerk
-Commis-entretien/Engineering Clerk
-Commis-paye/Payroll Clerk
-Commis-general/General Clerk
-Commis-personnel/Personnel Clerk
-Commis-transport/Traffic Clerk
-Commis-transport et materiels/Materials & Traffic Clerk
-Commis-securite-transport/Security Shipping Clerk
-Standardiste-receptioniste-commis achats/Switchboard-Receptionist-
Purchasing Clerk
25 juin 1995 612.27 622.77 632.37 643.78 654.29 684.91
15 nov. 1995 624.52 635.23 645.02 656.66 667.38 698.61
15 nov. 1996 642.01 653.02 663.08 675.05 686.07 718.17
III -Commis aux xxxxx/Cost Clerk
-Dessinateur/Draftsman
-Commis senior-achats/Senior Purchasing Clerk
-Commis senior-personnel/Senior Personnel Clerk
-Commis senior-transport/Senior Traffic Clerk
-Commis senior-pesee/Senior Scales Clerk
-Commis senior-paye-comptes payables/Senior Payroll & Accounts Payable Clerk
-Commis senior-transport & materiels/Senior Materials & Traffic Clerk
-Commis senior-magasin/Senior Stores Clerk
-Commis de la paye & comptes payables/Payroll & Accounts Payable Clerk
-Secretaire senior/Senior Secretary
25 juin 1995 654.59 668.76 682.76 696.84 711.05 751.20
15 nov. 1995 667.68 682.14 696.32 710.78 725.27 766.22
15 nov. 1996 686.38 701.24 715.82 730.68 745.58 787.67
33
CEDULE DES TAUX HEBDOMADAIRE
----------------------------
SCHEDULE OF WEEKLY RATES
------------------------
GRADE OCCUPATION MINIMUM STANDARD
------------------------------------------------------------------------
CONTROLE DE LA QUALITE/QUALITY CONTROL
-------------------------------------------
I -Technicien de laboratoire/Laboratory Technician
25 juin 1995 590.96 601.48 612.13 622.65 640.39
15 nov. 1995 602.78 613.51 624.37 635.10 653.20
15 nov. 1996 619.66 630.69 641.85 652.88 671.49
II -Technicien senior de laboratoire/Senior Laboratory Technician
25 juin 1995 622.77 633.15 643.78 654.29 684.89
15 nov. 1995 635.23 645.81 656.66 667.38 698.59
15 nov. 1996 653.02 663.89 675.05 686.07 718.15
III -Analyste/Analyst
-Technicien-recherche de procede/Process investigation technician
-Tech. senior-environnement/Senior Environmental Control Tech.
25 juin 95 643.93 654.40 665.10 675.45 686.10 700.52 746.63
15 nov. 95 656.81 667.49 678.40 688.96 699.82 714.53 761.56
15 nov. 96 675.20 686.18 697.40 708.25 719.41 734.54 782.88
IV -Analyste senior/Senior Analyst
-Chef de groupe-laboratoire/Laboratory Group Leader
25 juin 95 675.57 686.19 696.74 700.03 717.72 754.85 787.06
15 nov. 95 689.08 699.91 710.67 714.03 732.07 769.95 802.80
15 nov. 96 708.37 719.51 730.57 734.02 752.57 791.51 825.28
X -Xxxxxxxxxx xx xxxxxxxx/Xxxxxxx Xxxxxxxxxx
00 xxxx 0000 19.86/h. 20.42/h. 20.93/h.
15 nov. 1995 20.26/h. 20.83/h. 21.35/h.
15 nov. 1996 20.83/h. 21.41/h. 21.95/h.
34
APPENDIX "D"
------------
TWELVE (12) HOUR SCHEDULES
1. General
1.1 Some Sections of this collective agreement contain specific references to
provisions that apply only to employees on twelve (12) hour shifts at the
Chlorate Metal Plant.
1.2 If the only change is from one regular work schedule to another, no bonus
shall be paid to the employee during the first week.
1.3 Each employee's pay shall be calculated on the basis of hours worked per
week.
1.4 Only schedules accepted by the Union committee and Company may be used in
the various sectors.
1.5 Employees working twelve (12) hour shifts shall have the opportunity to work
an average of forty (40) hours during their rotation.
1.6 Employees who do not work an average of forty (40) hours per week during
their rotation shall have the choice of working catch-up shifts, which shall
be remunerated at regular rates.
1.7 Overtime shall consist of any authorized time in excess of twelve (12) daily
hours any day or hours in addition to the regular weekly schedule.
35
2. Twelve-hour/7 day schedule
--------------------------------------------------------------------------------
1 5 9 2 6 10 3 7 11 4 8 12
--------------------------------------------------------------------------------
S M T W T F S S M T W T F S S M T W T F S S M T W T F S
--------------------------------------------------------------------------------
Day C A A B B D D D C C A A B B B D D C C A A A B B D D C C
--------------------------------------------------------------------------------
Night B D D C C A A A B B D D C C C A A B B D D D C C A A B B
--------------------------------------------------------------------------------
Shift off D C C A A B B B D D C C A A A B B D D C C C A A B B D D
--------------------------------------------------------------------------------
Shift off A B B D D C C C A A B B D D D C C A A B B B D D C C A A
--------------------------------------------------------------------------------
2.1 The twelve (12) hour shift schedule for employees not on rotating shifts
shall be established for a twelve (12) week cycle. Once every twelve (12)
weeks, employees shall have an additional two (2) shifts off, to result in
an average of forty (40) hours a week. Employees on this schedule shall
have two (2) extra shifts off every twelve (12) weeks, on Monday and Tuesday
of the day shift.
2.2 In a week with a single statutory holiday, employees who work all regular
hours on days other than the holidays shall be paid for four(4) additional
hours at their regular hourly rate.
2.3 In a week with two (2) statutory holidays, employees who work all regular
hours on days other than the two (2) holiday shall be paid for eight (8)
additional hours at their regular rate.
However, employees whose regular schedule requires that they work one (1) of
the two (2) statutory holidays shall be paid for four (4) additional hours
at their regular hourly rate, provided they work all the hours in the week.
Employees may choose to accumulate the above-mentioned hourly rates
according to the provisions of paragraph 5.04.
36
3. Twelve hour Relief Schedule
3.1 The following provisions apply only to "relief workers" and other employees
who do not work constantly on rotating twelve (12) hour shifts.
3.2 The shift schedule for relief employees included in this appendix reflects
typical schedules for normal operating conditions, but changing conditions
may require other schedules.
3.3 The work cycle shall be six (6) consecutive weeks.
3.4 Employees on the six (6) week cycle may be required to work twelve (12) and
eight (8) hour shifts.
3.5 Relief workers shall not be scheduled to work more than two (2) consecutive
thirty-six (36) hour weeks.
3.6 If an employee is scheduled to work four (4) regular twelve (12) hour shifts
in three (3) consecutive weeks, the fourth shift worked in the third week
shall be remunerated at overtime rate.
3.7 Relief workers will not be scheduled to work less than thirty-two (32) hours
per week.
Relief workers may be scheduled to work only thirty-two (32) hours in a week
if this is required to balance their regular working hours at an average of
forty (40) hours a week.
37
3.8
Laboratory Technician Relief Schedule
--------------------------------------------------------------------------------
1 5 9 2 6 10 3 7 11 4 8 12
------------------------------------------------------------------------
S M T W T F S S M T W T F S S M T W T F S S M T W T F S
----------------------------------------------------------------------------
Day C A A B B D D D C C A A B B B D D C C A A A B B D D C C
----------------------------------------------------------------------------
Night B D D C C A A A B B D D C C C A A B B D D D C C A A B B
----------------------------------------------------------------------------
Shift off D C C A A B B B D D C C A A A B B D D C C C A A B B D D
----------------------------------------------------------------------------
Shift off A B B D D C C C A A B B D D D C C A A B B B D D C C A A
----------------------------------------------------------------------------
NOTE:
In a week when they replace the regular laboratory technician on 12 week leave:
the reliefs will work the typical two (2) twelve (12) hour shifts and two (2)
eight (8) hour shifts, unless they are needed to replace employees taking
floaters on days other than those when the twelve (12) week leave is taken.
When the employee does not work as a relief, the employee will work a typical
forty (40) hour week (five (5) days of eight (8) hours), or will be replacing
other employees off due to sickness, vacations, or accumulated statutory
holidays.
A. Relief employees working on eight (8) hour shifts will execute various
tasks.
B. There are no guarantees that the relief employees will have all week-ends
off, nevertheless these employees will not be scheduled for work during a
week-end for more than two (2) consecutive week-ends, nor for four (4)
consecutive nights. These restrictions apply only to relief laboratory
technicians. With respect to section B only, a week-end starts at 4 p.m. on
Friday and ends at 6:30 a.m. on Monday (or 7:30 a.m. depending on the
schedule).
C. When the relief laboratory technician works a regular schedule to replace
employees on vacation or sick leave, the employee can maintain this schedule
even during a week when there is a 12 week leave. If the employee wishes to
change his schedule to replace this leave, the employee can make a request
for this.
38
4. Twelve Hour Shift (day)/7 days
------------------------------
D L M M J V S D L M M J V S D L M M J V S
--------------------------------------------------------------------------------
Reg C A A C C A A A B B A A B B B C C B B C C
-------------------------------------------------------------------------
Releve - B B B B - - - C C C C - - - A A A A - -
-------------------------------------------------------------------------
Conge AB C C A A B BC BC A A X X XX XX XX X X X X XX XX
---------------------------------------------------------------------------
Note: The week of relief will be that of a thirty-six (36) hour week. Normally
the schedule would be as follows: twelve (12) hours on Monday followed
by three (3) consecutive days of eight (8) hours (Tuesday, Wednesday and
Thursday).
However, if necessary, the schedule for this week could be as follows:
twelve (12) hours of Tuesday followed by three (3) consecutive days of
eight (8) hours (Wednesday, Thursday and Friday).
5. Equilibration method
5.1 At the end of each equilibration period, hours worked (excluding
overtime) beyond four hundred and eighty (480) hours for regular
employees (12 hours/7 days) and two hundred and forty (240) hours (12
hours/5 days) for other employees shall be considered overtime and
adjusted accordingly. Solely for the purposes of this clause, half of
the overtime shall be paid at time and a half the regular hourly rate
and the other half at double the regular rate.
5.2 In the event of absences caused by vacations, illness or other reasons,
the hours the employee would have normally worked shall be used for
equilibration purposes.
5.3 Hours worked for equilibration purposes in the previous cycle shall not
be counted in the next cycle.
39
LETTER OF AGREEMENT
EFFECTIVE JUNE 25, 1995
-----------------------
Xx. Xxxx Xxxxxx &
Xx. Xxxxxx Xxxxxx
Vice-Presidents
O.P.E.I.U.
Local 480
Buckingham (Quebec)
POLICY REGARDING TIME OFF BY MEMBERS OF BUCKINGHAM
STAFF UNION -LOCAL 480 FOR MEDICAL OR DENTAL REASONS
----------------------------------------------------
Regulation
----------
Absences of short duration for medical and dental appointments could be
granted by the Company. However these absences will be paid by working
the time taken for these appointments upon approval by the supervisors.
Time off for other personal reasons will be considered as time off with
permission and will not be paid.
Buckingham, August 23rd, 1995.
/s/ Xxxxxxx X. XxXxxxxxx /s/ Xxxx Xxxxxx
------------------------ ---------------
Xxxxxxx X. XxXxxxxxx Xxxx Xxxxxx
Produits Chimiques Sterling Office and Professional Employees
Division of International Union
Sterling Pulp Chemicals, Ltd. Local 480
/s/ Xxxxxx Xxxxxx
-----------------
Xxxxxx Xxxxxx
Office and Professional Employees
International Union
Local 480
40
CANADA BUREAU DU COMMISSAIRE GENERAL DU TRAVAIL
Dossier No: AM 94085
PRODUITS CHIMIQUES STERLING, DIVISION DE
STERLING PULP CHEMICALS, LTD.
000, xxxxxx Xxxxxxxxx
Xxxxxxxxxx (Xxxxxx)
X0X 0X0
ci-apres l'"Employeur"
c.
UNION INTERNATIONALE DES EMPLOYES
PROFESSIONNELS ET DE BUREAU,
SECTON LOCALE 480
1265, rue Berri
Bureau 630
Montreal (Quebec)
H2L 4C6
ci-apres l'"Union"
---------------------------------------------
REQUETE CONJOINTE EN VERTU
DE L'ARTICLE 39 C.T.
1. Union accreditation to represent:
"All the office employees and laboratory workers excluding
employees classifed as engineer, chemist, professional accountant,
managers, supervisor and all other hourly workers already covered
by accreditation of the Buckingham plant, as those automatically
excluded by the Quebec Labour Code."
2. The Employer and the Union agree that the wording of the
Accreditation Certification be amended so as to read as follows:
"All the office employees and laboratory workers excluding
employees classifed as engineer, chemist, professional accountant,
SENIOR PLANT MANAGER'S SECRETARY, managers, supervisor and all
other hourly workers already covered by accreditation of the
Buckingham plant, as those automatically excluded by the Quebec
Labour Code."
(the bold type characters are ours)
- 2 -
3. The present request is a joint request.
FOR THESE GROUNDS, SUITS THE LABOUR COMMISSIONER:
RECEIVE the present request;
AMEND the Union's accreditation certification so that it reads the
following:
"All the office employees and laboratory workers excluding
employees classifed as engineer, chemist, professional accountant,
senior plant manager's secretary, managers, supervisor and all
other hourly workers already covered by accreditation of the
Buckingham plant, as those automatically excluded by the Quebec
Labour Code."
Directed at the Industry: 000 Xxxxxxxxx Xxxx
Xxxxxxxxxx, Xxxxxx
X0X 0X0
ALL respectively submitted.
Buckingham, August 23rd, 1995.
/s/ Xxxxxx Xxxx /s/ Xxxx Xxxx
--------------- -------------
Xxxxxx Xxxx Xxxx Xxxx
Office and Professional Employees Produits Chimiques Sterling
International Union Division de
Local 480 - C.L.C. Sterling Pulp Chemicals, Ltd.
42
LETTER OF AGREEMENT
EFFECTIVE JUNE 25, 1995
-----------------------
Xx. Xxxx Xxxxxx &
Xx. Xxxxxx Xxxxxx
Vice-Presidents
O.P.E.I.U.
Local 480
Buckingham (Quebec)
The parties acknowledge that the Company can demand that the laboratory
technicians complete the shipping documents for the Traffic Department
after normal working hours.
The present intent does not have prejudice on claim of the parties that
the Company has or does not have the right to have the shipping documents
completed by the laboratory technicians prior to the signing of the
present agreement.
Buckingham, August 23rd, 1995.
/s/ Xxxxxxx X. XxXxxxxxx /s/ Xxxx Xxxxxx
------------------------ ---------------
Xxxxxxx X. XxXxxxxxx Xxxx Xxxxxx
Produits Chimiques Sterling Office and Professional Employees
Division of International Union
Sterling Pulp Chemicals, Ltd. Local 480
/s/ Xxxxxx Xxxxxx
-----------------
Xxxxxx Xxxxxx
Office and Professional Employees
International Union
Local 480
43
LETTER OF AGREEMENT
EFFECTIVE JUNE 25, 1995
-----------------------
Xx. Xxxx Xxxxxx &
Xx. Xxxxxx Xxxxxx
Vice-Presidents
O.P.E.I.U.
Local 480
Buckingham (Quebec)
The parties agree that the waiting period for the pension calculation
purposes regarding Xxxx Xxxxxx, Xxxxxx Xxxxx and Xxxxxxx Xxxxxx will be
only one year.
Buckingham, August 23rd, 1995.
/s/ Xxxxxxx X. XxXxxxxxx /s/ Xxxx Xxxxxx
------------------------ ---------------
Xxxxxxx X. XxXxxxxxx Xxxx Xxxxxx
Produits Chimiques Sterling Office and Professional Employees
Division of International Union
Sterling Pulp Chemicals, Ltd. Local 480
/s/ Xxxxxx Xxxxxx
-----------------
Xxxxxx Xxxxxx
Office and Professional Employees
International Union
Local 480
44
LETTER OF AGREEMENT
EFFECTIVE JUNE 25, 1995
-----------------------
Xx. Xxxx Xxxxxx &
Xx. Xxxxxx Xxxxxx
Vice-Presidents
O.P.E.I.U.
Local 480
Buckingham (Quebec)
The parties agree on the following method in order to permit a transition
period for the new weekly indemnity program.
a) The employees keep their bank of sick days as of November 14, 1994 for
the transition period of the new weekly Indemnity Program.
b) For the period of 36 weeks at 70% of the salary, employees may use
their bank to increase the benefit up to $560.00 per week.
c) This agreement will cease when the employee has exhausted his bank or
when 70% of his salary is greater than $560.00 per week.
Buckingham, August 23rd, 1995.
/s/ Xxxxxxx X. XxXxxxxxx /s/ Xxxx Xxxxxx
------------------------ ---------------
Xxxxxxx X. XxXxxxxxx Xxxx Xxxxxx
Produits Chimiques Sterling Office and Professional Employees
Division of International Union
Sterling Pulp Chemicals, Ltd. Local 480
/s/ Xxxxxx Xxxxxx
-----------------
Xxxxxx Xxxxxx
Office and Professional Employees
International Union
Local 480
