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Ministry of Labour Dispute Resolution Services
1 Collective Baroainino Information Services FEB 0 7 2013 File No.: 3:fCO- o03 =t -/L-{
COLLECTIVE BARGAINING INFORMATION SERVICES
AIR LIQUIDE CANADA
HAMIL TON
AND
Cert. File:
Cert. Date:
Total Emps.:
Effective Date:
fNie9ate:
Received From: Union: 0 Em pl.: 0 Other:
Processed by:
Date:
UNITED STEEL, PAPER AND FO.RESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTER_NATIONAL UNION . (UNITED STEELWORKERS) LOCAL 16506-39
COLLECTIVE AGREEMENT
2011 - 2014
D
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HAMILTON
INDEX PAGE
PREAMBLE 4
ART. I RECOGNITION ................ : ................................................................... . ·4
ART. II . MANAGEMENT FUNCTION ................................................................ . 5
ART. Ill BARGAINING UNIT WORK ................................................................ .. 6
ART. IV STRIKES AND LOCKOUTS ................................................................ . 6
ART. V UNION REPRESENTATION ............................................................... .. 7
ART. VI GRIEVANCE PROCEDURE .................... : ..................... .' .................... .. 7
ART. VII ARBITRATION ..................................................................................... . 9
ART. VIII DISCHARGE ....................................................... , ................................ . 10
ART. IX SENIORITY .......................................................... _ ................................. . 11
ART. X LEAVE OF ABSENCE ......................................................................... · .. 17
ART. XI. CLASSIFICATIONS AND HOURLY WAGE RATES .......................... .. 18
ART. XII HOURS OF WORK AND OVERTIME ................................................ .. 22
ART. XIII PLANT HOLIDAYS ............................................................................... . 25
ART. XIV VACATIONS ....................................................... : .. ~<'.-:· .. .' ........................ . 26
ART. XV PAY ON DAY OF INJURY .................................................................. .. 29
ART. XVI SAFETY ................................ ; ............................................................... . 29
ART. XVII · REPORTING ALLOWANCE ............................................................... .. 31
ART. XVIII CALL~IN PAYMENT ............................................................................ .. 31 . ~ . .
ART. XIX BEREAVEMENT. PAY ......................................................... : ................ .. 32
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HAMILTON
INDEX PAGE
ART. XX ·JURY DUTY........................................................................................... 32
ART. XXI WELFARE BENEFITS.......................................................................... 32
ART. XXII UNION SECURITY............................................................................ 34
ART. XXIII GENERAL......................................................................................... 35
ART. XXIV DURATIO.N .......... _............................................................................... 36
SCHEDULE A Classifications and hourly wage rates............................................... 38
SCHEDULE B. Hours of work ........................................................................... ·.......... 39
COST OF LIVING ALLOWANCE PROGRAM.......................................................... 43
PENSION ·BENEFITS................................................................................................ 45
LETTER OF AGREEMENT- Twelve hour shifts .. ............ .... ...... ........ .............. ........ 47
LEITER OF AGREEMENT:- Ten hour shifts (excluding Truck Drivers).................. 50
LEITER OF AGREEMENT- Truck Drivers .. .. .. .. .. .. .. .. .. .. .. .... .. .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 52
APPENDIX "A" CLOTHING POLICY FOR CUSTOMER INSTALLATIONS............ 60
APPENDIX "B" CLOTHING POLICY FOR OXYTON PERSONNEL........................ 61
APPENDIX "C" CLOTHING POLICY FOR DISTRIBUTION..................................... 62
LEITER OF UNDERSTANDING- "21st turn schedule"........................................... 63
LEITER OF AGREEMENT -: Re: Adjustment Plan................................................... 64
LEITER OF UNDERSTANDING- Re: Overtime distribution for Hamilton Oxyton·.. 66
LEITER OF UNDERSTANDING- Re: Bulk distribution overtime policy.................. 68
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THIS AGREEMENT entered into this 111h day of October 2011 .
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BY AND BETWEEN: AIR LIQUIDE CANADA INC. ··· (Herein called the "Company"),
Of First Part
AND: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy,
PREAMBLE
Allied Industrial and Service Workers International Union (United . Steelworkers) Local 16506-39 (Herein called the "Union"),
Of the Second Part
1- The term "employee" or "employees", whenever used herein, shall mean employee or employees coming within the scope of the bargaining unit.
2- The term "Company", whenever used herein, shall mean Air Liquide Canada Inc. as it affects the Hamilton and Burlington, Ontario branch.
3- The term "Union", whenever used herein, shall mean the United Steel, Paper· and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (United Steelworkers).
4- The term "parties", whenever used herein, shall mean the Company and the Union.
5- The term "collective agreement" is synonymous to the meanings of "the contract", "the agreement".
ARTICLE I -RECOGNITION
1.01 a) The Company recognizes the Union as the exclusive collective bargaining agency· with respect to matters arising under the Agreement for all of the Company's employees at the City of Hamilton, Ontario, save and except Foremen and Supervisors, persons above the rank of Foreman and Supervisors, Office and Sales staff.
1.01 b) The Company agrees to recognize the Union as the exclusive collective bargaining agency with respect to matters arising under the Agreement for all the Customer Installation Technicians, the Customer Instrumentation Technicians and the I.N.S. Operators at Burlington, Ontario, save and· except Foremen, Supervisors, persons above the rank of Foreman and Supervisors, Office & Sales Staff.
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1.02 The Company and the Union agree that any employee may become a ·member of the Union if he wishes to do so, and may refrain from becoming a member of the Union if he so desires.
1.03 The Company and the Union agree that there will be no intimidation, discrimination, interference, restraint ·or coercion exercised or practiced by either of them or their representatives· or members because of an employee's membership or non-membership in the Union, or because of his activity or lack of activity in the Union.
1.04 The Union further agrees that there will be no solicitation for membership, collection of dues, or other Union activities on the premises of the Company except as specifically permitted by this Agreement or in writing by the Company.
1.05 The Company and the Union agree that every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, color, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of criminal offenses for which a pardon has been granted and has not been revo,ked, marital status, family status or handicap.
ARTICLE II -MANAGEMENT FUNCTION
2.01 The Union recognizes that the management of the plant and direction of the working forces are fixed exclusively in the Company, and without restricting the generality of the foregoing, the Union acknowledges that. it is the exclusive function of the Company to:
a) Maintain order and efficiency:
b) Hire, discharge, direct, classify, transfer, lay"'off, recall and suspend or . otherwise discipline employees, provided that if an employee has been discharged or disciplined without just cause, a grievance may be filed and dealt with in accordance with the Grievance Procedure.
c) Determine the nature and kind of business conducted by the Company, the kinds and locations of equipment and materials to be used, the control of materials to be used, the control of materials and parts, the methods and techniques of work, the schedules of work, number of personnel to be employed,· the extension, limitation, curtailment or cessation of operations, and to determine all other functions and prerogatives here before vested in and exercised by the Company which shall remain solely with the Company, except as speCifically limited by the express provisions of this Agreement.
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2.02 The Company agrees that these functions will be exercised in a manner· not inconsistent with the provisions of this Agreement.
ARTICLE Ill - BARGAINING UNIT WORK
3.01 a) Supervisory personnel shall not assume such ·duties as are normally performed by employees in the bargaining unit, except for purposes of instruction, experimenting, the. installation and start;..up of equipment, assisting an employee with work outside of the Company's pre~ises, or in emergencies when qualified employees performing that work are not immediately available.
If it is proven that a supervisor has done work in violation of the foregoing, the Company will pay into the USW Humanity Fund the equivalent of the wages for the time actually worked, but no less than the equivalent of two (2) hours at regular rate.
b) The Company reiteratesthat it intends to use its own employees to perform bargaining unit work when qualified employees are available, where it is practicable, and wheri it is econ~mically efficient.
Contracting out to outside companies shall not cause · the lay-off of employees whose names appear on the seniority list as of the date of signing of the Collective Agreement. For the purpose of this clause, a layoff shall mean a person laid-off and out of the plant after complying with Article 9.02. Failure to successfully train for a job in the plant or with an outside contractor working on the plant site will not be considered a lay-off.
ARTICLE IV -STRIKES AND LOCKOUTS
4.01 It is the intent and purpose of the parties hereto to set forth herein the Collective Agreement cov.ering wages, hours of work and conditions of employment to be observed and to provide a procedure for the prompt and equitable adjustment of alleged grievances, to the end that there will be no interruption or impeding of work, work stoppage, strikes or other interference with production during the life of this Agreement.
4.02 In view of the orderly procedure for settling grievances, during the term of this · Agreement, the Company agrees that there will be no lockout of employees, and the Union agrees thatthere will be no strike, picketing, slowdown, sit-down or ariy
. other action which will interfere with work or production. If any such action takes place, the Union agrees to instruct the employees to carry out the provisions of this Agreement and to return to work and perform their regular duties.
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ARTICLE V- UNION REPRESENTATION
5.01 a) The Union may elect from amongst the employees who have been continuously employed by the Company for at least one (1) year, five (5) Stewards (including the Union President) for the purpose of assisting employees in presenting grievances to the Company as set forth in this Agreement. ·
b) Stewards will represent the following areas:
• • •
One (1) from Production; Two (2) from Distribution; One (1) from Maintenance Production .
c) The negotiating committee will be comprised of (1) employee .from each department as listed in 5.01 b) and the President of the Local Union.
5.02 The Union shall keep the Company notified in writing of the names of the Stewards and the effective date of their appointments.
5.03 a) It is agreed that the Stewards shall continue to perform their reg'ular work in order to maintain efficiency of production; however, in accordance with this understanding, should they desire to assist an employee in presenting a grievance during work hours, they will not leave their work without first obtaining the permission of their immedic~te supervisor.
b) It is understood that a Steward shall not enter another department without first obtaining the permission of the immediate supervisor of such department and notifying him as to the nature of the. grievance and the personnel involved .. Prior to returning to his work in his own department, a Steward will report to his immediate supervisor.
ARTICLE VI- GRIEVANCE PROCEDURE
6.01 If an employee, who may request the assistance of his Steward, has a complaint, he shall discuss it with his immediate supervisor within seven (7) working days after the circumstances giving rise to the complaint. having occurred. The immediate supervisor's decision will be given within five (5) working days, and failing settlement, it may be taken up, provided that action as required above has been taken within five (5) working days following receipt of ·his immediate supervisor's decision in the following manner and sequence.
8.
Step No.1
The employee, who may request the assistam:e of his Steward, may present his grievance to his immediate supervisor. The grievance shall be in writing, signed by the aggrieved employee an9 shall state the nature of the grievance and the remedy sought. His immediate supervisor will deliver a decision in writing within five .(5) working days following the date on which the grievance is submitted to him. Failing settlement, then,
Step No.2
a) Within five {5) working days after the decision is given under Step No. 1, the grievance committee will send ·the written grievance to the Company's Unit Manager or his representative, and the nature of the grievance and the remedies sought will be set out in the grievance. The Unit Manager, or his representative, will convene a meeting with the grievance committee, which shall not be more than two (2) employees, within five (5) working days following receipt of the grievance, or at a date mutually agreed on between the Company and the Union.
b) . An authorized international representative of the Union may be present if requested by either party. It is understood the Company's Unit Manager, or his representative, may have such counsel or assistance as he may desire.
c) Should the parties be unable to reach agreement at such meeting, the Company's decision will be delivered in writing within five (5) working days after the date of the meeting or at a date mutually agreed on between the Company and the Union.
6.02 Failing settlement under the foregoing procedure of a grievance between the parties, arising from the interpretation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as set forth in Article VII, and if no written request for arbitration is received within ten (1 0) working days after the decision under Step No. 2 is given, it shall be deemed to have been settled.
6.03 All decisions reached under the Grievance Procedure between the representatives of the Company and the representatives· of the Union shall be final and binding upon the Company, the Union and the employee or employees concerned.
6.04 Where no written decision has been given or where no meeting has been · convened within the time limits specified above, the grievance may be submitted to the next step of the foregoing procedure, including arbitration.
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6.05 a) A grievance arising directly between the Company and the Union involving the interpretation or alleged violation of this Agreement may be submitted,
·in writing, within seven (7) working days after the circumstances giving rise to the grievance having· occurred, and dealt through the respective representatives of the parties.
b) A Union grievance shall commence with Step No. 2 under the Grievance Procedure. In the- case of the Company, the matter will be submitted to the President of the Union and a meeting between the parties · shall be convened within five {5) working days following receipt of such grievance or at a date mutually agreed on between the Company and the Union.
c) Should the parties be unable to reach agreement at' such meeting, the Union's decision will be delivered in writing within (5) working days after the date of a meeting or a date mutually agreed on between the Company and the· Union. Failing settlement under the foregoing procedure, the matter may be submitted to arbitration under Clause 6.02 of the Grievance Procedure.
ARTICLE VII -ARBITRATION
7.01 a) Pursuant to Article 6.02, the party requesting arbitration must, at the time . the written request is made, identify three (3) arbitrators from the following
list from which the other party will within the following five (5) working days, select the one who will hear the grievance:
Mr. K. Burkett Mr. P. Barton Prof. N.B. Rayner Mr. M. Teplitsky.
b) Should the selected arbitrator not be able to hold the hearing within ninety (90) days foliowing his selection, the parties will repeat the above procedure with the remaining arbitrators on the list.
7.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. ·"'-
7.03 a) The arbitrator shall not have jurisdiction to amend or to add to any of the provisions . of this Agreement or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement.
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b) No matter may be submitted to arbitration that has not been properly carried through all previous steps of the grievance procedure.
7.04 Each of the parties hereto will jointly bear the fees and the expenses of the appointed arbitrator;
7.05 The proceedings of the-arbitrator will be expedited by the parties hereto, and the decision will be final and binding upon the parties.
7.06 At any stage of the Grievance Procedure, including arbitratioh, the parties may, by mutual agreement, have the assistance of the employee or employees concerned and of all necessary witnesses.
7.07 Either party may invoke Expedited Arbitration. section of the Ontario Labour Re·lations Act, at the time a grievance is submitted to arbitration under clau::;e 6.02 of this Agreement.
ARTICLE VIII - DISCHARGE
8.01 A claim by an employee who has completed his probationary period that he-has been suspended or discharged without just cause, shall be treated as a grievance if a written statement of such grievance is lodged with the Company under step No. 2 of the Grievance Procedure within four (4) working days after the employee is suspended or ceases to work for the Company. The Union shall be notified, as soon as is practical, whenever an employee is suspended or discharged.
8.02 Such special grievance may be settled under the Grievance and Arbitration Procedures by:
a) Confirming the Company's action in dismissing the employee; or
b) Reinstating the employee with full compensation for time lost; or
c) Any other arrangement that is reasonable in the opinion of the parties or the appointed arbitrator.
8.03 Any offense will be removed from an employee's record after twenty-four (24) months have elapsed.
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ARTICLE IX -SENIORITY
9.01 a) An employee will be considered on probation and will not be subject to the seniority provisions of this Agreement until he has completed ninety (90) working days of employment with the Company in the six month period immediately following the commencement date of his employment. Upon completion of such probationary period, the employee's name will be placed on the seniority list with seniority dating from the date ninety (90) working days prior to the date on which he completed the probationary period. It is understood that the release of a probationary employee shall not be the subject of a grievance.
9.02
Where two or more employees commence employment on the same date, the affected employees will be placed on the seniority list in alphabetical order, with the employee ranked highest deemed to be the senior employee. Employees, hired after October 1, 1990, commencing employment on the same date will be placed on the seniority list according to the time of hiring, with the employee hired first deemed to be the senior employee.
b) The Union agrees that the Company has the right to engage students, during the vacation period April 1st to October 1st annually. It is understood that the students so·engaged shall be paid 75% of the applicable rate of the job to which they are assigned. It is understood that such students will not acquire seniority rights and that bargaining unit employees will be given preference for the filling of temporary higher rated job vacancies before any summer student are hired. ·
c) The Company will advise the Union immediately when a summer student becomes a probationary employee and the seniority of such person will be acquired as of the date the probationary period starts.
d) The Company agrees to post on the bulletin boards, by March 15th each year, a letter stating the summer jobs it expects to have open.
a) I) In the event of a lay-off, the employee or employees with the least bargaining unit seniority, who are in the classification (s) affected by the lay-off, will be theJirst to be displaced.
Each such displaced employee may then exercise his seniority by displacing a less senior employee in any other classification, provided that he has the qualifications, skill, efficiency _and physical fitness to perform the work available. Such employee will be given a reasonable period of orientation of up to four (4) days as determined
· by the Company. ·
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II) An employee with ten (1 0) years or more seniority who has exhausted · all possibilities under paragraph I) above, and who is about to be ·laid:.
off will be given an opportunity to train on a job that may require up to ten (1 0) weeks training, provided he possesses the necessary licenses or other required certificates and has the seniority to displace an employee in that job.
An employee w!th 5 years or more seniority who has exhausted all possibilities under paragraph I) above, and who is about to be laid-off will be given an opportunity to train on a job that may require up to six (6) weeks training, provided he possesses the necessary licenses or other · required certificates and has the seniority to displace an · employee in that job.
An employee with less than 5 years seniority who has exhausted all possibilities under paragraph I) above, and who is about to be laid-off will be given an opportunity to frain on a job that may require up to four (4) weeks training provided he possesses the necessary licenses or other required certificates ~nd has the seniority to displace an employee in that job. ·
If the employee fails to qualify within the 4, 6 or 10 weeks training, he is immediately laid-off or he displaces an employee on the plant site working for an outside contractor as per paragraph Ill below.
Unless an employee can show to the Company's satisfaction that his qualifications and abilities have substantially improved, he should .not be given another training period on the same job should another layoff occur.
The training period is of up to 4, 6 or 10 weeks, meaning an employee can be taken off during that period if there are indications he will not succeed at the end of the period.
III) The Company will establish a training program for employees that are to be laid-off. This program will allow the employee in question to displace an employee on the plant site working for an outside contractor.
a) The program will be administered by a committee of three including one Company Representative, one Union Representative, and one Representative of the contractor affected.
b) The employee· should have some experience reiCitive to the work to be done, but the work shall not be tradeswork or vessel and piping insulation. ·
b) I)
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c) The employee will be given a 2 week evaluation and training period.
d) The employee under this program will remain on the Company's payroil and is subjeC?t to recall without refusal.
e) The employee will earn the Utility Man's rate while under this program.
f) Should such employee not be able to perform the work in· such positions due to· reasons of physical fitness or an inability to learn after the reasonable training period, such employee will be laid-off immediately and placed on the recall list.
In the event of a recall to work of those who have been laid-off, the employee having the greatest bargaining unit seniority will be given preference by the Company to assume a position provided the senior employee has the qualifications, physical fitness and he possesses the necessary licenses or other required certificates.
II) A recalled employee who had five (5) years or more seniOrity at the time of lay off will be given an opportunity to train on a job that may require up to six (6) weeks training.
ill) A recalled employee who had less than five (5) years seniority at the time of lay off will be given an opportunity to train on a job that may require up to four (4) weeks training.
c) When a job on the plant site with an outside contractor needs to be filled, laid-off employees will be recalled and the employee having the greatest seniority will be allowed to. fill the job in accordance with the provisions of Article 9.02 a) Ill).
Unless an employee can show to the Company's satisfaction that his qualifications and abilities have substantially improved, he should not be given another training period on the same contractor's job if he already received training on the job prior to his lay-off and failed to qualify.
An employee who refused to exercise his option to displace an employee working on the plant site for an outside contractor, as per Article 9.02 a) Ill), will not have to be recalled to a contractor's job under the above provisions.
9.03 The existing seniority list will be brought up to date every four (4) months and a copy will be given to the President of the Local Union, and a copy posted on the bulletin boards. A copy of the seniority list including current addresses, phone numbers and job classes will be given to the President of the Local Union and sent to the Union Staff Representative every four (4) months.
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9.04 As a result of lack of work caused by circumstances beyond the direct control of the Company, the Company may lay off employees up to a total of twenty-four (24) working hours each, during each calendar year, without regard to other clauses and provisions in.this Agreement.
9.05 · A person shall lose all seniority if he:
~·. a) Voluntarily quits the Company; or
b) Is discharged and the discharge is not reversed th(ough the Grievance Procedure; or
c) Following a layoff, faiis to report within five (5) working days after being notified by the Company, by registered mail, at the last address recorded with the Company; or fails to advise the Company within two (2) calendar days, of his intention to report for work following receipt of such registered mail; or ·
d) Is absent for three (3) consecutive working days without notification to the Company; or
e) Is absent due to layoff for more than twenty-Jour (24) consecutive months, if he has accumulated less than five (5) years of seniority as of the date of the layoff; or
f) Is absent due to layoff for more than thirty-six (36) consecutive months if he has accumulated five (5) years of seniority, or more, as of the date of the layoff; or
g) Fails to return to work upon the termination of authorized leave of absence. This provision will not apply if the lateness has a cause deemed reasonable by the Company and the employee has notified his immediate supervisor of his anticipated lateness as soon ~s possible.
9.06 It shall be the duty of employees to notify the Company of any change in address. If an employee fails to do this, the Company will not be responsible for failure to reach such employee.
9.07 a) When making promotions and demotions for job vacancies, seniority shall prevail where the employee's qualifications, skills, efficiency .and physical fitness are relatively equal.
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b) It is agreed that an employee may be changed to a more desirable vacant permanent position in accordance with clause 9.07 a) of the Collective Agreement, subject to the folloWing conditions:
1) The· application of this provision is limited to employees having a minimum of 4 year's service with the Company.
2) In the case where an employee would otherwise be accepted for a more desirable position, the Company, taking into account the special training, safety and replacement requirements occasioned by such a change, may delay the change, for a reasonable period of time, until such requirements can be fulfilled.
3) · Changes to desirable positions will be limited to four in the career of · an employee.
4) Desirable positions are any position where the classification is equal to or lower than the employee's current classification.
5) Moves to more desirable positions will be limited to a total of six (6) · during the life of the Agreement.
9.08 In the event of a layoff of more than· seven (7) calendar days, the Company will give individual or general notice (as the case may require), in writing, not less than two (2) working days, or pay at the regular hourly rate in lieu thereof, in advance of the effective date of such layoff to such employee or employees, provided, however, that no such notice or such pay shall be required in the event of a layoff arising from circumstances beyond the control of the Company.
9.09 a) An employee temporarily assigned to another job classification to replace an employee who is absent for a period in excess of two (2) hours in a shift, will receive the regular hourly rate of the job to which he is assigned, or the regular hourly rate of the job he previously held, whichever is the higher.
b) In a case where a temporary assignment caused by the absence of an · employee exceeds fifteen (.15) calendar days, the Company and the Union will, at the request. of one of the parties, discuss the means of filling such temporary assignment until its completion. Agreement with the Company's position shall not be unreasonably denied.
c) An employee assigned to a temporary transfer, after its completion, will not be transferred again until all other qualified employees within the same classification have been transferred.
9.10
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d) . If an employee receives a notice of layoff and bumps into a temporary job, . at the completion of said temporary job he will be allowed to exercise his bumping rights again.
e) At the completion of a temporary job or an assignment, the employee will return to his original job classification. A temporary job or assignment will cease when the employee starts his first shift on his regular job.
f) Training gained while on temporary assignment will not be an asset for job posted vacancies.
a) The. Company shall post notice of all permanent job vacancies and all temporary jobs expected by the Company to last more than fifteen (15) calendar days, coming within the scope of this Agreement, on the Company bulletin boards, for a period of five (5) days before it is filled.
b)· Employees, or a Steward on behalf of ari employee who is temporarily away from work or who is on layoff, may make written application for such job vacancy within such five (5) day period, it being understood that the Company shall not be confined to the applicants in filling the vacancies unless they are qualified in respect of skill and efficiency for the job concerned, in accordance with Clause 9.07 a).
c) The Company will post the name of the successful applicant, if any, within ten (1 0) calendar days from the expiry of the five (5) days posting period.
d) The Union will be given copies of both notices referred to above. On request from the Union's President or his designated representative, the Company will give him the name of all applicants.
e) When an employee is promoted to a higher paid job, he will receive the applicable higher rate of pay when he starts on the new job or after 30 calendar days following the awarding of such a job, whichever occurs first. The Company, taking into account the training required, the safety and the replacement requirements occasioned by such promotion, may delay the start on the new job for a reasonable period of time until such requirements can be filled.
9.11 a) If an employee becomes handicapped due to an industrial accident or an industrial illness, or if continuing to work on his present job may aggravate his health condition as qualified by a medical opinion, the Company will
. make every reasonable attempt to offer this employee another bargaining unit job. In the event of a dispute, a second medical opinion rendered by a . mutually agreed specialist shall be final and binding on all parties.
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b) An employee with more than three (3) year's Company service, affected as above, shall be entitled to exercise his Company seniority, in the manner outlined in Clause 9.02, in order to displace a junior service employee.
9.12 a) When an employee who retains recall rights in the Toronto bargaining unit is hired in this bargaining unit, his service with the Company is deemed not to be interrupted for the purposes of determining his vacation entitlement, entitlement for plant holidays and entitlement to benefits outlined in Article XXI, and his credited years of service for pension purposes are unaffected by the change in location.
b) For all other .intents and purposes, including all seniority provisions, the employee will be considered as a newly hired employee.
c) The employee retains his recall rights in the bargaining unit he has left, according to the seniority provisions of the collective agreement pertaining to that bargaining unit
ARTICLE X - LEAVE OF ABSENCE
10.01 A request for a leave of absence for serious personal or compassionate reasons will not be unreasonably denied and will be considered without undue delay by the Company and once granted, will not be revoked. The question of the reasonableness of the request will be at the discretion of the Company, which will not be exercised in a discriminatory fashion. Such request shall be made in writing.
10.02 Leave of absence without pay to attend Union conventions will be granted by the Company to one (1) employee elected or appointed by the Union, provided that the· Union reimburses the Company for the Group Insurance employee and employer premiums and:
a) at least seven (7) calendar days written notice in advance is given to the Company;
b) such leave of absence will not exceed sixty (60) working days in any contract year; and
c) if such leave of absence is to be taken during the months of July or August, it will be at the discretion of the Company, however such leave will not be unreasonably denied.
10.03 On written request by the Union, the Company will grant a leave of absence without pay up to twelve (12) months within a calendar year to one (1) employee selected by the Union to work on a full-time basis for the Union.
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10.04 Any leave of absence without pay of more than thirty (30) calendar days, granted by the Company,. will be without Group Insurance coverage (no disability) and Pension plan credit accumulation unless the employee or the Union agrees to pay
· for the employee and employer Pension plan contributions and Group insurance . premiums for the duration of the leave;
ARTICLE XI- CLASSIFICATIONS AND HOURLY WAGE RATES
11.01 The Company agrees to pay and the Union agrees to accept for the term of this Agreement, the classifications and hourly wage rates therefore as set forth in
. Schedule A attached hereto, and forming part of this Agreement.
11.02 Any change in an employee's hourly rate will commence from the beginning of the nearest pay period. ·
11.03 Shift employees working regularly scheduled shifts will receive an off-shift premium of 85¢ per hour for the afternoon shift and 95¢ cents per hour for the night shift. Such off-shift premiums will not be paid for any hour in which an ·employee receives an overtime rate except as provided in Article 12.02 d) and such off-shift premiums will not form part of an employee's regular: hourly rate.
11.04 Employees working on continuous operations will be paid a Sunday premium of $2.10 per hour for regularly scheduled hours worked. Such Sunday premium will not be paid for any hour in which an employee receives an overtime rate and such Sunday premium will not form part of an employee's regular hourly rate.
11.05 a) In the event that a new job classification is introduced, the Company, in consultation with the Union, will establish the wage rate for such new classification and shall advise the Union.
b) In the event that the work done in any job classification changes enough to warrant a change in the wage rate, the Company, in consultation with the Union, shall make such change and advise the Union.
c) In either case, the parties will meet and discuss the wage rate for such new ·. classification or such change in wage rate. If following such discussion
there is disagreement between the parties, a trial period shall be instituted which shall not exceed fifteen (15) working days or such further time as may be agreed upon as necessary to give a fair trial to the change.
d) At the end of such trial period, if the wage rate for the new classification is unsatisfactory or such change in wage rate is unsatisfactory, a grievance may be lodged within seven (7) working days following the end of the trial period.
e)
f)
g)
h)
i)
j)
19
The new or changed rate in effect during the trial period shall remain in force unless changed by mutual agreement of the parties or by decision of an Arbitrator. - ·
In establishing any new rate, the Arbitrator shall be guided by the existing rate structure, existing reference points, the relationship of the job· under review to other job class·ifications and rates provided under this Agreement.
No employee shall suffer any loss in wages as a result of the application of article 11.05.
The Union and the Company agree that the provisions concerning the CWS will remain inactive for the duration of the collective agreement. Such provisions shall be reinstated on thirty days notice by either the Company or a majority of the employees. It is agreed that this last sent~nce will be without effect after September 30, 2014.
The job classifications and rates of pay shall continue to apply with the applicable negotiated rate increases.
The Company shall continue to provide job descriptions to the union.
11.06 This article will remain inactive for the duration of the collective agreement as per article 11.05 h).The Company and the Union agree to use the cooperative wage study (C.W.S.) to describe and classify all bargaining unit jobs, and to establish a wage structure. The C.W.S. manual dated October 23, 1987 is consequently incorporated into the collective agreement for that purpose.
Reference in the Manual to such job as trade or craft, assigned maintenance, clerical or technical, group leader, testing or inspection, learner, apprentice, instructor, . spell hand, shall not itself establish existence of such jobs in the operations of the Company or determine that such jobs are within or are not within the bargaining unit.
11.07 Each employee's job shall be described and classified and a rate of pay applied to such employee in accordance with the provisions of this Agreement.
11.08 Effective October 1, 2011 and continuing until September 30, 2012, the standard hourly rate for job class 1 shall be $25.80 and the standard hourly rates for all job classes above Job Class 1 shall increase from job class to job class by increments of thirty (30) cents establishing a Standard Hourly Wage Scale as follows:
Job Class
1 2 3
Standard Hourly Rate
$25.80 $26.10 $26.40
Job Class,.
14 15 16
Standard Hourly Rate
$29.70 $30.00 $30.30
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4 $26.70 17 $30.60 5 $27.00 18 $30.90 6 $21.30 19 $31.20 7 $27.60 20 $31.50 8 $27.90 21 $31.80 9 $28.20 22. $32.10 10 $28.50 23 $32.40 11 $28.80 24 $32.70 12 $29.10 25 $33.00 13 $29.40 26 $33.30
27 $33.60
Effective on October 1, 2012 and continuing until September 30, 2013, the standard hourly rate for Job Class 1 shall be increased by thirty (30) cents and the standard hourly rates for all job classes above job class 1 shall increase from . job class to job class by increments of thirty (30) cents.
Effective on October 1, 2013 and continuing for the duration of this Agreement, the standard hourly rate for Job Class 1 shall be increased by thirty-five (35) cents and the standard hourly rates for. all job classes above job class 1 shall increase from job class to job class by increments of thirty (30) cents.
11.09 Effective on the dates specified in Article 11.08, all employees shall have their rates of pay adjusted as follows:
c;i) If the employee is not receiving an out-of-line differential prior to the dates specified in Article .11.08, the rate. of pay of such employee shall be adjusted to conform to the standard hourly rate.
b) If the employee is receiving an out-of-line differential prior to the dates specified iri Article · 11.08, the rate of pay of such employee shall be increased by the amount by which the rate for Job Class 1 has been increased, as provided in Article 11.08 and the following shall govern:
1) If the employee's new rate resulting from such increase is greater than the standard hourly rate for the job, as provided in Article 11.08, the amount by which such employee's new rate is greater than the rate provided in Article 11.08 shall become such employee's new out-ofline differential (which shall replace the former out-of-line differential) and shall apply in accordance with the provisions of this Agreement.
2) If the employee's new rate resulting from such increase is equal to or less than the standard hourly rate for the job, as provided in Article 11.08, the rate of pay of such employee shall be adjusted to conform to the standard hourly rate for the job, as provided in Article 11.08, and the former out-of-line differential shall be terminated.
21
11.10 The Company shall furnish to the Union a list agreed to by the Company and the
Union of employees who are to be paid "out-of-line differentials". Such list shall
11.11
11.12
11.13
"11.14
contain the following information: ·
,.
a) Name of incumbent to whom such "out-of-line differential" is to be paid.
b) Job title of job on which out-of-line differential is to be paid.
c) Job classification of such job ..
d) Standard hourly rate of such job.
·e) Amount of out-of-line differential.
f) Date of such out-of-line differential became effective.
Except as such out-of-line differential may be changed by the means hereinafter
provided, any employee included in the list referr~d to in Article 11.10 shall
continue to be paid such out-of-line differential during such time as the employee
continues to occupy the job for which the differential was established.
If an employee with an out-of-line differential is transferred or assigned to a job
having a higher standard hourly rate, then the differential shall be reduced by the
amount of the increase in the standard hourly rate.
If, as a result of layoff and the exercise of seniority rights, an employee with an out-of-line differential is moved to a job having a lower standard hourly rate, then
the out-of-line differential shall be canceled.
If such employee referred to in Article 11.12 and 11.13 shall be returned to the
job for which the out-of-line differential was established, the out-of-line differential
shall be reinstated except as it may have been reduced or eliminated by other
means.
11.15 When an employee would, in accordance with the terms of this Agreement, be
entitled to receive his regular rate, he shall also receive any out-of-line differential
to which he is entitled.
11.16 In addition to the means herein provided, increases in the increment between job
classes shall be used to reduce or eliminate out-of-line differentials.
11.17 Except for the application of the out-of-line differentials as called for herein, the
terms of this Agreement governing transfers shall apply.
11.18 This arlicle will remain inactive for the duration of the collective agreement as per
arlicle 11.05 h). In addition to the provisions of the Manual for describing and
classifying trade or craft and assigned maintenance jobs the following shall apply:
a) The description and classification shall be carried out in accordance with
the Manual.
22
b) The job classification of trade or craft jobs, having been classified as in Paragraph a), above, shall be increased by two job classes and the two job classes shall be incorporated into the total classification of the job.
c) The job classification of assigned maintenance jobs, having been classified at job class eleven or higher as in Paragraph a), above, shall be increased by two job classes which shall be incorporated into the total classification of the job. ·
d) Where ·a change in an existing job requires a new description and classification for a job on which this convention has already been applied,
· such job shall be reclassified in the same manner as that followed prior to the application of this convention and the provisions of Paragraph a), b) and c), above, shall apply.
11.19 Any mathematical or clerical errors made in the preparation, establishment or application of job descriptions, classification~ or standard hourly rates shall be corrected to conform to the provisions of this Agreement.
11.20 This article will remain inactive for the duration of the collective agreement as per article 11.05 h). Except as otherwise provided, no basis shall exist for an employee covered by this Agreement to allege that a wage rate inequity exists.
11 .21 This article will remain inactive for the duration of the collective agreement as per article 11.05 h). A joint C.W.S. committee is formed and composed of two (2) representatives selected by the Union and two (2) representatives selected by the Company. ·
ARTICLE XII - HOURS OF WORK AND OVERTIME
12.01 a) The normal workweek for non-continuous operations will be composed of forty (40) hours, Monday to Friday, and the normal shift will be eight (8) hours, and the normal workweek for continuous operations will be forty (40) hours between Sunday and Saturday, and the normal shift will be eight (8) hours. It is understood, however, that the provisions of this Clause are intended only to provide a basis for calculating time worked and shall not be a g·uarantee as· to hours of work per days nor as to days of work per week, nor as a guarantee of working schedules.
b) The Company and the Union may enter into agreement to give effect to shift schedules which alter or exceed the daily and/or weekly hours of work contained in this agreement if the majority of the employees involved are in favor.
c) Shift. scheduling of employees will not be done arbitrarily, but where necessary, will be made with one month•s notice whenever possible.
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d) Production Maintenance Department
The Company agrees that in the event it deems it necessary to require shift arrangements other than those already in existence in the Production Maintenance Department, the Company will discuss such changes with the Union as soon as possible.·
12.02 a) In the case of non-continuous operations, overtime work is defined as authorized work performed in excess of an employee's normal workweek, or his normal shift' as set out in Clause 12.01 above, and will be paid at the rate of time and one-half of the employee's regular hourly rate.
b)
. c)
d)
e)
f)
In the case of continuous operations, authorized overtime work will be paid on the same basis as in effect upon the commencement date of this Agreement except that one and one-half of the employee's regular hourly rate shall be paid for authorized work performed on the employee's
· scheduled day of rest. Overtime rates shall not apply for hours worked as a result of a change made for employee convenience. In the case of noncontinuous operations, overtime work performed on a Sunday will be performed at the rate of twice the employee's regular hourly rate.
In the case of continuous operations, overtime work performed on the day deemed to be equivalent to Sunday will be paid at the rate of twice the employee's regular hourly rate. The overtime premium payment provisions of Clause 13.05 will apply in cases of overtime work performed following a Sunday in the case of non-continuous operations, or following the day
. deemed to be equivalent to Sunday in the case of continuous operations.
When an employee works three (3) or more overtime hours into an off shift, he will receive the applicable shift premium for all hours worked during that shift. This premium also applies for any statutory holiday work.
An employee requested to work a second shift or a part of a shift thereof within a twenty-four (24) hour period shall be paid at time and one half (1-1/2) of the employee's regular rate for that second shift or part of that shift.
Banking overtime
An employee who has worked overtime can request the equivalent of time off in lieu of the overtime payment, provided he notifies his supervisor in advance of his intention to bank overtime of up to a maximum of forty (40) hours per calendar year. The time taken in lieu of must be mutually agreed upon. and taken in increments of at least his normal workday and the replacement would be at regular time and not on overtime. Time not taken in lieu will be payable as of December 31st of each year. .
24
g) Overtime rates shall not apply for hours worked as a result of a shift change made for an employee's convenience.
12.03 ·There will· be no duplication or pyramiding of premiums on overtime payments, except that shift premiums will be pyramided over Sunday premiums when these two premiums are jointly payable.
12.04 a) As far as possible, the Company will endeavor to distribute opportunities for overtime work among those employees normally performing the work, as equitably as practicable, consistent with efficiency of operations.
b) The Company agrees to adopt a uniform system of recording overtime distribution. This system will be determined in discussions between management and employee. representatives.
c) The Company shall post shift schedules in the ASU and SMR four (4) weeks in advance of the shift.
12.05 a) When an employee is advised during his present eight (8) hour shift to work overtime following completion of such shift, he will receive a meal allowance of $12.00, provided such overtime exceeds two (2) hours. For each additional uninterrupted four (4) hour period, the Company will provide another $12.00 meal allowance.
b) When an employee is advised during his present ten (1 0) hour shift to work overtime following completion of such shift, he will receive the meal allowance stipulated above provided such overtime exceeds two (2) hours. For each additional uninterrupted four (4) hour period, the Company will provide another meal allowance.
c) When a truck driver lays over, he will be entitled to a sum of $36.00 per night and this sum will be considered the equivalent of 3 meal allowances, including the breakfast the following morning.
A meal allowance will be payable to a Truck Driver who is instructed to report to work four (4) hours or more before his regular shift.
d) In the event an employee has cause to operate in the USA on Company business, all allowable expenses incurred, excluding meal allowances and . lay-overs, shall be reimbursed to the employee in US funds or the equivalent in Canadian funds at the prevailing rate of exchange in effect on the day the expenses were incurred.
e) When called-in, meal allowances will be paid after 6 hours and every additional 4 hours thereafter while the employee remains on overtime.
12.06 · If a change of shift is agreed upon between employees within a specific department, and a request is made for such a change, it shall not be denied ·
25 .
unless such a change would obviously hamper the safe and efficient operation of the department.
ARTICLE XIII - PLANT HOLIDAYS
13.01 An employee who has completed his probationary period will receive the following plant holidays with pay: . ·
New Year's Day Good Friday Victoria Day . Canada Day
·civic Day
Labour Day Thanksgiving Day Christmas Day Boxing day
· One half-day the day before Christmas Day; and One half-day the day before New Year's Day. Two (2) floating holidays (as per conditions below).
The floating holidays with pay are to be observed on a day of the employee's choosing within the contract year earned, provided;
1) Its date is made known to the immediate supervisor at least one week in advance.
2) That it not hamper the Company's operations in any unreasonable fashion; otherwise, the holiday will ·be observed at another day of the employee's choosing, filling the above provisions.
13.02 Plant holiday pay will be computed at the regular hourly rate on the basis of the number of hours an employee would otherwise have worked had there been no holiday.
13.03 - In order to qualify for plant· holiday pay, the employee must work his full scheduled shift of each of his working days immediately preceding and immediately following the plant holiday concerned unless the employee has a reason satisfactory to the Company.
13.04 For the application of the sections of this Article, the plant holidays as listed above will be observed on the day on which they occur, except that if such a holiday occurs on a Sunday, it will be observed on the following Monday, or if such holiday occurs on a Saturday,. it will be observed on the preceding Friday. The parties reserve the right to substitute any other day in place of a statutory holiday, after mutual agreement, in consideration of local prevailing conditions and operations requirements.
26
13.05 An employee who is required to work his regularly scheduled shift will be paid at the rate of twice his regular hourly rate for the entire shift worked in addition to his holiday pay, provided such shift commences in the twenty-four (24) hour period beginning at 23:00 hours on the eve of a plant holiday, otherwise the entire shift will be paid at the regular hourly rate.
In the case of overtime work performed on a statutory holiday preceding or following an employee's regularly scheduled shift, the statutory holiday is considered to be that twenty-four (24) hour calendar day, and such overtime hours worked thereon will be paid at twice the employee's regular hourly rate. At midnight on the statutory holiday, the overtime will be paid at the rate of one and one-:half (1-1/2) times the employee's regular hourly rate. All following consecutive hours worked whether scheduled or not, will be paid at one and onehalf (1-1/2) times the employee's regular hourly rate. However, should the work for which the employee was originally retained become completed before or during his regularly scheduled shift, the employee will be paid at his regular hourly rate for the duration of hours worked on his regularly scheduled shift i{ he wishes to continue working for that time.
13.06 In the event that a plant holiday falls within an employee's vacation period, he will be granted an extra day's holiday with pay as determined under this section 13.02 above.
ARTICLE XIV -VACATIONS
14.01 An employee in· the active employment of the Company with less than one year continuous service as of May 31st will be entitled to one (1) day of vacation with pay for each calendar month worked up to May 31st, up to a maximum often (10) working days. ·
14.02 An employee in the active employment of the Company with one (1) year continuous service as of May 31st will be entitled to two (2) weeks vacation with pay.
14.03 An employee in the active employment of the Company with five (5) years continuous service as of May 31st will be entitled to three (3) weeks vacation with pay.
14.04 An employee in the active employment of the Company with ten (1 0) years continuous service as of May 31st, will be entitled to four (4) weeks vacation with pay.
27
14.05 An employee in the active employment of the Company with eighteen (18) years continuous service as of May 31st will be entitled to five (5) weeks vacation with pay.
14.06 An· employee in the active employment of the Company with twenty-five (25) years continuous service as of May 31st will be entitled to six (6) weeks vacation with pay.
14.07 a) Other than employees who are referred to in Clause 14.01, an employee who is not in the active employment of the Company as of May 31st but who has been credited with less than a full year of work in the year ending with May 31st, will be entitled to a vacation period with pay, reduced in the proportion·which his regular hours worked bears to a full year of work (2080 hours). As an exception to this Clause, however,
i) an employee who has worked 1600 hours or more in the year ending May 31st including overtime hours worked, will be credited with a full year of work during the year;
ii) hours not worked due to presence in negotiation meetings with the Company ·or due to the application of Clauses 1 0.02, 1 0.03, Articles 13, 14 and 19 and Clause 21.03 will be credited to an employee to determine the number of hours worked in the year;
iii) hours not worked while an employee is in receipt of Worker's Compensation benefits up to one year, or until such benefits cease, whichever occurs first, will be credited to determine the number of hours worked in the year.
The term "active employment" refers to a situation wherein an employee holds an active, working position with the Company and is normally working in that position for pay, except for the occasional absence as outlined in Clause 14.07 a) ii) and iii) and for the period of time outlined in that Clause.
b) Pay of each week of vacation, or portion thereof as determined in Clause 14.07 a), will be computed by multiplying the employee's regular straight time hourly rate by ·the number of hours in the· employee's normal workw~ek, ·Or computed on the basis of 2% of the total pay of the employee in the period of June 1st to May 31st immediately preceding the year in which the vacation is taken, whichever is the greater.
14.08 Vacations shall not be accumulated or waived but must be taken within twelve (12) months of the date of entitlement.
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14.09 In cases of disability where an employee has been prevented from working for extended periods, vacation may be waived at the employee's ·discretion based upon the following: ·
a) For each four (4) consecutive weeks of disability, 40 hours of vacation.
b) For extended absence due to disability of sixteen (16) weeks or more, an employee may waive all or a portion of his vacation.
Vacation requiring re-scheduling of vacation dates will be in accordance with existing vacation. practices.
14.10 An employee's vacation pay will be paid at the time that he takes his va·cation in accordance with the normal payroll.
.14.11 Where an employee is temporarily transferred (without posting) and the employee in question has properly booked his vacation time, he shall not suffer loss of that allotted time due to a conflict with the vacation time already booked by an individual in the department or job to which he is being temporarily transferred. The Company shall cover the vacation time in question by use of a seco':ld temporary transfer compatible with the situation. ·
14.12.
The current year's entitled vacation time will have preference over the past year's vacation time that remains to be taken.
This confirms the understanding which exists concerning vacation postings. The procedure is:
Prior to February 1st of each year: a list will be posted for each department, indicating the eligibility of each employee. The employees will then indicate their preferred times on the list.
March 1st of each year: based on the employees' indicated preferences, the relative seniority of each employee and the operating requirements of the plant, the Company will determine a vacation schedule for each department.
April 1st of each year: the Company will post the schedule.
Vacations which have not been scheduled as above, due to an employee not having indicated a preference, will be assigned in order of request, taking into account the operating requirements of the Company. The Company reserves the right to assign any unscheduled vacation as of March 1st.
14.13 Employees working continuous shift operations shall be allowed to. take their vacation one (1) employee per shift subject to operational requirements and in order of seniority. ·
29
SMR employees shall be allowed to take their vacation one (1) employee at a time
subject to operational requirements and in order of seniority. The employee on
vacation must return to work prior to the next employee leaving on vacation.
ARTICLE XV -PAY ON DAY OF INJURY
15 . .01 An employee injured at work will be paid on the basis of his regular hourly rate for
the time lost in having such injury attended to, provided he returns to work on the
same shift. If the injury is such that the employee cannot return to work on the
same shift, he will be paid on the basis of his regular hourly rate for the rema_inder
of such shift.
ARTICLE XVI - SAFETY
16.01 The Company will continue to make reasonable provisions for the safety and
health of its employees during their working hours, subject to such improvements
or changes deemed advisable by the Company from tim·e to time.
16.02 Employees will observe all reasonable safety rules and regulations which may be prescribed by the Company and will wear all protective wearing apparel and
devices supplied by the Company, and will work in a safe manner at all times.
16.03 The Company and the Union agree to appoint a Joint Health and Safety
Committee at each location (i.e. Distribution & Oxyton) consisting of not more
than three (3) individuals appointed by the Company and not more than three (3)
employees appointed by the Union. The function of this Committee shall be to advise Management on the promotion of safety, health and hygiene in the plant.
16.04 This Committee shall hold a meeting not less than once every three (3) months,
or more often if requested, on· the basis of a jointly prepared agenda submitted at
least on~ week in advance of such meeting.
16.05 The Safety Committee shall be informed of lost time accidents and a member
from both sides will carry out investigations on the nature and cause of these
accidents. On the request of the Union President, and/or Local 16506-39
Workers Compensation representative, the Company will provide·copies of WSIB
reports.
16.06 The Company will reimburse employees for actual receipted cost of safety shoes
or boots to be worn at work, to a maximum of $160.00. When it has been shown
that a pair of safety shoes or boots have been made unsafe or unwearable, they
will be replaced by the Company, up to the same previous amount.
30
16.07 a) Employees will not be permitted to work unless they are wearing CSA approved safety footwear where required.
b) Employees have the choice of wearing either the Company approved type of boot, with or without metatarsal guard, or other conventional type of· safety footWear.
c) Employees selecting the Company approved type of boot, with or without metatarsal guard, will be reimbursed the local retail value of the boots, as evidenced by a receipt.
d) Employees selecting any other conventional type of safety footwear will be reimbursed according to Article 16.06.
e) New employees and temporary employees must also wear safety footwear when working: however, in order to qualify for the reimbursement, the employee must first complete his probationary period.
f) Each Instrument Maintenance, General Maintenance Oxyton, Panel Operator #2, Customer ln_stallation Technician, Customer Instrumentation Technician, Driver, Truck Maintenance, SMR Operator and Utility Man will be provided with a pair of rubber safety boots for use in the fulfilling of their functions.- The rubber safety boots will be replaced as required.
16.08 a) The Company will pay for the full cost of Workwear rental and cleaning for all employees (except the cleaning of driver's shirts and pants).
b) The Company will pay for the full cost of those uniforms that are made mandatory as per Company policy.
c) The Company will supply clothing as per Appendices A, B, C.
d) The Company will supply at no cost to the employees, rainwear for those employees who are exposed to the elements.
e) The Company will supply, at no cost to the employees, appropriate apparel to all employees who come in contact with the public during the course of. their duties (Storekeeper Oxyton and Truck Maintenance).
16.09 Prescription Safety Glasses
The first pair of prescription safety glasses will be provided at no cost to the employee, and replacement prescription safety lenses only will be provided as required at no cost to the employee. The Company will replace broken safety glasses, or parts of safety glasses, provided they were broken on the job and the employee can demonstrate this was not the result of his carelessness or negligence.
31
16.10 Hearing Test
The Company will provide the employees with hearing tests at no cost to the employees, as follows:
·a) All new employees will be tested as a condition of employment; .
b) All· existing employees, annually, will be tested in order to get their hearing records on file;
c) All personnel transferring to the Oxyton will be subject to passing a hearing test. ·
ARTICLE XVII - REPORTING ALLOWANCE
17.01 If an employee reports for work at the commencement of his regular shift without notification not to do so, he shall be paid for the equivalent of four (4) hours work at his regular rate, provided, if requested by the Company, the employee sha·ll perform such work to which he may be assigned, and further provided that this obligation on the part of the Company shall not apply if failure to supply work is due to conditions beyond the control of the Company or if the employee is returning to work following an absence without notifying the Company in advance.
17.02 . If an employee is scheduled·to work an overtime shift, or part of an overtime shift, and is advised of cancellation of such shift on that day without at least twelve (12) hours notice, he shall be paid the equivalent of four (4) hours at the regular straight time rate, provided that this oblig.ation on ·the part of the Company shall not apply if failure to supply the work is due to conditions beyond the control of the Company.
ARTICLE XVIII- CALL-IN-PAYMENT
f8.01 When an employee is called into work at times other than his regular hours of work, a minimum of four (4) hours pay at his regular hourly rate shall be paid.
· a) This provision shall not apply if an employee's work on an assigned call-in commences one (1) hour or less before the start of his regular scheduled shift. Instead, he will receive the applicable overtime rate for the time worked before the commencement of his regular shift.
b) When an employee receives a call at home requesting work related information and the information provided prevents an actual call-in, he shall receive one (1) hour pay at his regular rate providing he received prior· approval from a supervisor.
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18.02 ·Notwithstanding article 12.02, when an employee loses regular hours of work due to being called-in as per article 18.01, he will be given the opportunity to make-up these lost hours at straight time rate. It is understood that taking these hours will be subject to the availability of work and must be taken within two (2) weeks of the loss.
ARTICLE XIX- BEREAVEMENT PAY
19.01 a) An employee will be granted up to five (5) days leave of absence at his regular hourly rate to attend the funeral or cremation of the employee's spouse or child.
b)
c)
d)
e)
Three (3) days leave under the above conditions will be granted to attend the funeral or cremation of the employee's mother, father, step-mother, step-father, sister, brother, son-in-law, daughter-in-law, mother-in-law, father:-in-law, sister-in-law, brother-in-law, grandmother or grandfather.
One (1) day leave under the above conditions will be granted to attend the funeral or cremation of the employee's aunt, uncle or grandchild.
The employee shall not be entitled to receive any pay hereunder for any day 'upon which he would not otherwise have been scheduled to work for the Company. Payment will be based on the employee's regular hourly rate exclusive of premiums.
Should a night shift worker, in line with Clause 19.01 be attending a funeral of a relative on the day his night shift is scheduled to begin, the paid leave of absence referred to in Clause 19.01 will be extended to include that night shift.
ARTICLE XX- JURY DUTY
20.01 An employee acting as a Crown witness or as a juror will receive the difference between pay for regular hours lost at the hourly rate applicable to the time lost, and the fee received, provided he furnishes the Company with a detailed certificate of service signed by the Clerk of the Court. . An employee who is excused by the Court for the remainder of the day is expected to report to the plant to complete his shift, if it is possible to do so.
ARTICLE XXI -WELFARE BENEFITS
21.01 a) The Company agrees to pay the full premiums for the life of this Agreement for the Ontario Health Insurance Plan with respect to participating
33.
employees who have completed their . waiting period and while such · employees remain in the active employ of the Company .
.r- .
b) The Company agrees to pay, for the life of this Agreement, the full premiums towards the Prescription Drug Plan (identical in coverage to the pre-existing Blue Cross Plan), on the basis of a deductible of $5.00 per year for single coverage or family covera·ge, with respect to participating employees who have completed their waiting period and while such employees remain in the active employ of the Company ...
An employee who receives treatment at a hospital as an outpatient and is subsequently unable to return to work on that day due to the seriousness of , the illness or injury, will be considered as being hospitalized for purposes of determining entitlement to Weekly Indemnity benefits.
c) The Company agrees to pay the full premiums during· the life of this Agreement towards the Dental Plan (identical coverage to the Blue Cross Dental Plan No. 7: no deductible or co-insurance with periodontal and endodontal benefits added, and will be based on the current ODA schedule of fees), with respect to participating employees who have completed their waiting period and while such employees reniain in the active employ of the Company.
d) The Company agrees to pay, for the life of this Agreement, the full premiums towards a Vision Care Plan for employees and their eligible dependents, which provides a benefit of $200.00 every 24 months, not subject to any deductible or shared risk factor.
The Company agrees to pay the premiums towards a maximum of one (1) eye examination per employee every twenty-four (24) months when performed by an optometrist and one (1) eye exam per eligible dependent every thirty-six (36) months.
e) The term· "waiting period", whenever used in article 21, shall mean the period from the date of employment up to and including the last day of the same month. Those who are employed on the first day of any month are deemed to have completed the waiting period by that date.
21.02 The Company agrees to continue, for employees in the active employ of the Company, the present Group Life Insurance, in the amount equal to the employee's basic annual wage rate as per Schedule A with A.D. & D. at no cost to the employee in accordance with the terms of the insurance policy.
21.03 The Company agrees to pay the full cost of the Weekly Indemnity program providing payment of a benefit equal to 60 % of an employee's base· weekly earnings (minimum $500.00 per week) up to a maximum of fifty-two (52) weeks from the first (1st) day of hospitalization resulting from a non-occupational accident or sickness, or from the eight (8th) day of sickness, for employees who
21.04
21.05
21.06
34
have completed the waiting period, and while such empioyees remain in the active employ of the Company.
Services of practitioners licensed as Chiropractors up to a maximum of $300.00 per person per benefit year are reimbursed.
Services of a licensed physiotherapist, who is not a close relative, up to a maximum of $200.00 per person per benefit year are reimbursed.
The Company will pay for the cost of the medical examination required for the renewal of a driver's "A" license for those employees who require an "A" license in the performance of their job provided the employee uses the Company doctor.
The cost of a medical examination will also be paid to acquire the I.C.C. medical certificate if requested by the Company and provided the employee uses· the Company doctor.
ARTICLE XXII - UNION SECURITY
22.01
22.02
22.03
As a condition· of employment, all employees covered . by this Agreement authorize the Company to deduct from each pay the amount authorized as Union dues. The Company shall deduct Union dues including, where applicable, initiation fees and assessments, on a biweekly basis, from the total earnings of each employee covered by this Agreement. The amount of dues shall be calculated in accordance with the Union's Constitution.
All dues, initiation fees and assessments shall be remitted to the Union forthwith and in any event no later than fifteen (15) days following the last day of the month in which the remittance was deducted. The remittance shall be sent to the International Secretary Treasurer of the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, ·Allied Industrial and Service Workers International Union (United Steelworkers), AFL-CIO-CLC, P.O. Box 13083 Postal Station "A", Toronto, Ontario, M5W 1V7 in such form as shall be directed by the Union to the Company alqng with a completed Dues Remittance Form R 115. A copy of the Dues Remittance Form R115 will also be sent to the Union office designated by the Area Coordinator.
The. remittance and the R 115 Form shall . be accompanied by a statement containing the following information: (i) A list of the names of all employees from whom dues were deducted and the
amount of dues deducted;
(ii) A list of the names of all employees from whom no deductions have been made and the reasons; ·
(iii) This information shall be sent to both the Union address identified in Article 22.02 in such form as shall be directed by the Union to the Company.
22.04
22.05
35
The Union shall indemnify and save the Company harmless against all claims or other forms of liability that may arise out of any actions taken by the Company in compliance with this Article.
Th~ Company, when preparing T-4 slips for the employees, will enter the amount of Union dues paid by the employee during the previous year.
ARTICLE XXIII -GENERAL
23.01
23.02
23.03
23.04
23.05
The Company will arrange for space on the current number of bulletin boards which may be used by the Union for posting notices which shall be subject to the approval of the Company before posting. There shall be no general distribution of notices of any kind or literature upon Company property other than as herein provided.
It is understood that the Company will pay the fee for obtaining or renewing the Ontario Ministry of Labour tickets that are compulsory for employees under the Company policy.
Should any part of the agreement or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any judgment of order of a court tribunal or Board of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof, and such remaining portions shall continue in full force and effect. ·
The Company will pay up to the equivalent of 120 hours pay for employees to attend recognized Union courses each contract year and the Union will allow the Company representatives to attend same.
The Company agrees to deduct from each .pay the amount of $0.01 per hour from the wages of all employees in the bargaining unit for all hours worked and, prior to the 15th day of the month following, to pay the amount so deducted to the "Humanity Fund" and to forward. such payment to United Steel, Paper and Forestry, Rubber, Manufacturing, Ene·rgy, Allied Industrial and Service Workers International Union (United Steelworkers) National Office, 234 Eglinton Avenue East, Toronto, Ontario M4P 1 K?, and to advise in writing both the Humanity Fund at the aforementioned address and the local Union that such payment has been made, the amount of such payment and the names of all employees in the bargaining unit on whose behalf such payment has been made.
It is understood and agreed that participation by any employee in the bargaining unit in the program ·of deductions set forth above may be discontinued by any employee in the bargaining unit after the receipt by the Company and the local
36
Union of the employee's written statement of his/her desire to discontinue such deductions from his/her pay.
ARTICLE XXIV- DURATION
24.01
24.02
24.03
This Agreement shall continue in effect until the last day of September 2014 and shall be renewed automatically for annual periods of one (1) year each, unless either party notifies the other in writing during the period of ninety (90) days prior to the expiration date.that it desires to amend or terminate the Agreement.
Negotiations will begin fifteen (15) days following notification for amendment as . provided in the preceding paragraph or upon mutual agreement between the parties.
If, pursuant to such negotiations an agreement is not reached on the renewal or amendment of this Agreement, nor a new agreement made prior to the current
. expiration date, this Agreement shall continue in full force and effect until a new agreement is signed between the parties or until conciliation proceedings prescribed at law have been completed, whichever date should first occur.
37
IN WITNESS WHEREOF each of the parties has caused this Agreement to be signed by their duly authorized officers or representatives as of the 1 th day of December 2012. .
AIR LIQUIDE CANADA INC.
Adam-Pet r
~-A Christine Pompeo ~
UNITED STEEL, PAPER AND FORESTRY, RUBBER,
MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION
(UNITED STEELWORKERS)
LOCAL 16506-39
·~Y--....... -····--.
Harvey Velix
. 38
SCHEDULE A HAMILTON
CLASSIFICATIONS AND HOURLY WAGE RATES
CLASSIFICATIONS AND HOURLY WAGE RATES OF NON-TRADE OR CRAFT JOBS, EFFECTIVE AS OF OCTOBER 1, 2011 WILL BE AS FOLLOWS:
l~~ >; . < . ···.•··. ii!J;:··.: · .•...•. ·.··,lsr:? .• <,,i~it
··. ,. 2.N'D •. · •....•. ···.cWS· •.· '<3RD. ··::. .. ·.cws . ) FINAL'{:< C/•••; ·.• ·,. JO]J J <'~OB:, ·.:).;;~ .:·:.·:,:Jt'tl·Mi~;7~.:. .•. . < .. 'LEARNEK. .LEARNER· ,LEARNER , ..• ··:·JOB ,,/
'•{{·' ... ,.;.;.-·r,:;"' ·•·: ·, ··. ,, ... . .. :. , •CLAss··· •. PEIUOD' .. ·•.cuss··· ·····PERIOD ; .CLASS I'ERIOD : .. CLASS' .CLASS •·'·.· ..~~rt·J.I ·!t~~;
LEAD HAND PANEL OPERATOR 19 $31.20 21 $31.80 OUTSIDE OPERATOR/LEAD HAND RELIEF 19 $31.20 21 $31.80 OUTSIDE OPERATORISMR RELIEF 12 $29.10 14 $29.70 OUTSIDE OPERA TOR 8 $27.90 10 $28.50 BULK TRUCKDRNER 8 $27.90 10 $28.50 I.N.S. OPERATOR 8 $27.90 10 $28.50 STOREKEEPER/UTILITY/F. T. DUTIES 7 $27.60 9 $28.20 NON-BULK TRUCKDRNER 6 $27.30 8 $27.90
NOTE: EACH LEARNER PERIOD FOR NON-TRADE OR CRAFT JOBS WILL BE 520 HOURS WORKED.
CLASSIFICATIONS AND HOURLY WAGE RATES OF TRADE OR CRAFT JOBS, EFFECTIVE AS OF OCTOBER 1, 2011 WILL BE AS FOLLOWS:
23 $32.40 25 $33.00 23 $32.40 25 $33.00 16 $30.30 18 $30.90 12 $29.10. 15 $30.00 12 $29.10 12 $29.10' 12 $29.10 12 $29.10 10 $28.50 11 $28.80 10 $28.50 10 $28.50
'cws ·.. ·.STARTING: ' .(:WS: · •. ·. INTERMED ' cws ·.··' .•• 'FINAL' I cws JOB I :·LEAD ,,,
<~t~s ··~L::n.·: ·~~~·· :;~::R.·. ;c~~{ • 'c~~~ '~~ss• .·• •. ~);i' INSTRUMENT/ELECTRICIAN TECHNICIAN I 19 I $31.20 21 $31.80 23 $32.40 UTILITY/CHIEF OPERATING ENGINEER I 19 I $31.20 21 $31.80 23 $32.40 INSTRUMENT MAINTENANCE I 16 I $30.30 18 $30.90 20 $31.50 22 $32.10 GENERAL MAINTENANCE- OXYTON I 16 I $30.30 18 $30.90 20 $31.50 22 $32.10 SMROPERATOR I · 13 I $29.40 15 $30.00 17 $30.60 LIQUID TRUCK MAINTENANCE I 13 I $29.40 15 $30.00 17 $30.60 CUSTOMERINSTALLATIONTECHNICIAN I 12 I $29.10 14 $29.70 16 $30.30 18 $30:90 CUSTOMER INSTRUMENTATION TECHNICIAN I 12 I $29.10 14 $29.70 16 $30.30
NOTE: EACH LEARNER PERIOD FOR TRADE OR CRAFT JOBS WILL BE 1040 HOURS WORKED.
. 27
14
NOTE: ONCE AN EMPLOYEE IS ON SHIFT AND HIS PROBATIONARY PERIOD IS COMPLETED, HE WILL RECEIVE THE FULL RATE OF THE CLASSIFICATION. HOWEVER IF A MAJORITY OF THE EMPLOYEES REINSTATE THE CWS, THE EMPLOYEE WILL FOLLOW THE NORMAL LEARNER PERIOD PROGRESSION.
$33.60
$29.70.
CONTINUOUS OPERATIONS
Night Shift:
Day Shift:
Afternoon Shift:
Lunch:
Coffee Breaks:
Wash-up Periods:
39
SCHEDULE B
HAMILTON
HOURS: OF WORK
11:00 PM to 07:00AM
07:00AM to 03:00 PM
03:00PM to 11:00 PM
One half (1/2) hour with pay
Two (2) of ten (1 0) minutes each
Two (2) of five (5) minutes each
PRODUCTION MAINTENANCE DEPARTMENT
Monday to Friday:
Wednesday to Sunday:
Lunch
Coffee Breaks:
Wash-up Periods:
INSTRUMENT MAINTENANCE
Day Shift:
Lunch
Coffee Breaks:
Wash-up Periods:
07:00AM to 03:30 PM
07:00AM to 03:30 PM
One half (1/2) hour without pay
Two (2) of ten (1 0) minutes each
Two (2) of five (5) minutes each
07:00AM to 03:30 PM
One half (1/2) hour without pay
Two (2) of ten (1 0) minutes each
Two (2) of five (5) minutes each
40
SCHEDULE 8 (continued)
HAMILTON
HOURS OF WORK
CUSTOMER. INSTALLATION TECHNICIAN · CUSTOMER INSTRUMENTATION TECHNICIAN
Day Shift:
Lunch:
Coffee Breaks:
Wash-up Periods:
. BULK TRUCK DRIVER
07:30AM to 04:00 PM
08:00AM to 04:30 PM
One half (1/2) hour without pay
Two (2) of ten (1 0) minutes each
Two (2) of five (5) minutes each
Day Shift: 05:00AM to 03:30 PM
Afternoon Shift: 04:00 PM to 02:30AM
Lunch: One half (1/2) hour without pay
Coffee Breaks & Wash-up periods: A total of thirty (30) minutes/day
NON-BULK TRUCK DRIVER:
Hours of work will vary to suit operating requirements.
Lunch: One half (1/2) hour without pay
Coffee Breaks & Wash-up periods: A total of thirty (30) minutes/day
TRUCK MAINTENANCE:
Rotating weekly:
Week 1 - Day Shift:
Week 2 - Day Shift:
Week 3 -Afternoon Shift
Lunch:
Coffee Breaks·
Wash-up Periods
41
SCHEDULE 8 (continued)
HAMILTON
HOURS OF WORK
Monday to Friday 08:00AM to 04:30 PM
Sunday to Thursday 06:00AM to 02:30 PM
Monday to Friday 03:00PM to 11:30 PM
One half (1/2) hour without pay
Two (2) of ten (1 0) minutes each
Two (2) of five (5) minutes each.
Overtime days will remain as is with the exception that when a mechanic actually works the
Sunday to Thursday shift; Friday will be paid at one and one-half (1 %) times the regular
hourly rate and Saturday at twice (2) the regular hourly rate.
We will revert back to the following shifts when a mechanic is off on a scheduled week(s)
vacation or when a statutory holiday falls on a Monday:
Week 1 - Day Shift:
Week 2 - Day Shift:
Week 3 -Afternoon Shift
Monday to Friday 06:00AM to 02:30 PM
Sunday to Thursday 08:00AM to 04:30 PM
. Monday to Friday 03:00 PM to 11 :30 PM
42
SCHEDULE.B (continued)
STOREKEEPER OXYTON
Day Shift:
Lunch
Coffee Breaks:
Wash-up Periods:
ALL OTHER CLASSIFICATIONS
Day Shift:
Lunch
Coffee Breaks:
Wash-up Periods:
HAMILTON
·HOURS OF WORK.
07:00AM to 03:30 PM
One half ( 1 /2) hour without pay
Two (2) of ten (1 0) minutes each
Two (2) of five (5) minutes each
07:00 AM to 03:30 PM
One half (1/2) hour without pay
Two (2) of ten (1 0) minutes each
Two (2) of five (5) minutes each.
It is agreed that while the starting times listed above are usual, they may be varied to suit operating requirements in accordance with Article 12.01 or by mutual agreement.
43
COST OF LIVING ALLOWANCE PROGRAM
ARTICLE 1 -DEFINITION
1.1 Reference period: Shall mean one of the three periods as follows: January, February, March and April · May, June, July and August September, October, November and December.
1.2 Consumer Price Index: Shall mean the National Consumer Price Index, based on the value 1971 = 100, all Items, published monthly by Statistics Canada. The operation of this Clause will not be altered by changes in the assumptions used to determine the Index.
1.3 Date of revision: Shall mean the first working day of the second month of each reference period (i.e. February, June or October are dates of revision).
ARTICLE 2
The Cost of Living Allowance Will be established in October 2011 and revised afterwards on the date of revision.
ARTICLE 3.
The Cost of Living Allowance payable for the months of October, November, December and January will be established as follows:
· 3.1 The Consumer Price Index for the months of January, February, March and April are added and the sum total is divided by 4 to give an average Consumer Price Index for the reference period.
3.2 The Consumer Price Index for the months of May, June, July and August are added and the sum total is divided by 4 to give an average CPI for the reference period.
3.3 The average obtained in Clause 3.1 is subtracted from the average obtained in Clause 3.2.
3.4 The resulting remainder obtained in Clause 3.3 is multiplied by $5.00 to obtain the Cost of Living Allowance payable for each month of October, November, December and January.
44
ARTICLE4
Thereafter, the Cost of Living Allowance will be revised at each date of revision by multiplying by $5.00 the difference in points between the average of the Consumer Price Index· for the reference period which· has just ended and the immediately
. preceding one, using the same procedure as described in Article 3; the result is added to the Cost of Living Allowance of the preceding period of the same calendar year.
ARTICLE 5
The Cost of Living Allowance is payable once a month on the last pay cheque of the month. '
ARTICLE 6
6.1 The Cost of Living Allowance is payable to all employees in the job classifications included in the bargaining unit, as described in Article 1.01 of the Collective Agreement.
6.2 Newly-hired employees will receive the full monthly Cost of Living Allowance if they are entitled to a pay cheque on the last regular pay date of the month.
ARTICLE 7
7.1 The accumulated COLA will be folded-in to the wage rate schedule on September 30, 2012, September 30, 2013 and September 30, 2014 as the case may be. However, if the cost of living allowance is negative, it will not be folded-in but will be deducted against the next cost of living allowance, except in the last year of the agreement where a negative cost of living allowance will not be folded-in or carried forward.
7.2 For the purpose of "Folding-in" the COLA, the accumulated monthly COLA being paid in the month in which the "fold-in" occurs will be divided by 173.3, and the resulting amount, to the nearest cent, will be added to all the classifications in the wage rate schedule.
ARTICLE 8
On September 30th, 2014 after the Cost of Living Allowance has been "folded-in", . the Cost of Living Allowance Program will be abOlished.
45
AIR LIQUIDE CANADA INC.
Pension benefits for members of the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Seni'ice Workers International Union (United Steelworkers) Local16506-39, Hamilton, Ontario
• -Employees who are members of the Pension plan "H'~ contribute 3.5% of their base . earning; - Permanent employees automatically become members on the first of the month following three (3) months of employment; -All new employees automatically participate in the pension account option. - Employees are not allowed to change option; -The Company contributions to the pension account option are increased from 3% to 3.5% for employees up to age 39, 4% for employees age 40 to 44, 4.5% for employees 45 to 49 and 5% for employees age 50 and more.
• . For contributory service on or after January 1, 1988, the annual amount of retirement income will be equal to the sum of a) plus b), multiplied by c)
a) 1.15% of the lesser of the member's final average earnings (3 years) and his final average YMPE (3 years),
b) 1.85% of the excess, if any, of the member's final average earnings (3 years) over his final average YMPE (3 years),
c) his years of contributory service;
~ For credited service from January 1, 1975 to December 31, 1987, the annual amount of retirement income will be equal to.$564.84 per year (i.e. $47.07 per month) of credited service as of September 30, 2011 after COLA fold-in. For plan members who are active members in any year, such amount will be increased in each year of this contract by the same percentage as the percentage change in the average wage in the year for this bargaining unit. ·
• For contributory service prior to January, 1975, the annual amount of retirement income is equal to two thirds of the benefits available for service after January 1, 1988 i.e. the sum of a) plus b), multiplied by c)
a) 0.77% of the lesser of the member's final average earnings (3 years) and ·his final average YMPE (3 years),
·b) 1.24% of the excess, if any, of the member's final average earnings (3 years) over his final average YMPE (3 years),
c) his years of contributory service;
.46
• Ancillary benefits such as early retirement reduction factors, bridge benefits, death · benefits, termination benefits and disability benefits will be based on the provisions of the
Air Liquide Canada Inc., Pension Plan "A" for all years of contributory service and credited service between January 1, 1975 and December 31, 1987 with the exception that any matching employer contributions payable on death or termination will be based on years of contributory service;
• It is the responsibility of the Company to maintain the plan in sound financial position in accordance with appropriate pension legislation;
• Financial statements and actuarial reports will be prepared separately for this group;
• The Pe.nsion Plan, as herein described, and amended as of January 1, 2009, for the employees of the Company who are members of the United Steelworkers Local 16506-
. 39, shall remain in force and effect during the life of the present agreement.
• Should the Company make a Company-wide adjustment to existing pensioners, a similar adjustment will be made to pension of employees who have retired from this bargaining unit.
• A member of Plan "H" who retires early betvveen the age of 55 and 64 will maintain coveJage under the group life insurance plan, the dental plan and the prescription drug plan at no cost to the member up to age 65.
• Effective January 1, 2003, upon an employee's retirement, the amount of life insurance will be $10,000 and the amount of life insurance for current pensioners will be $8,000.
47
LETTER OF AGREEMENT
RE: Twelve hour shifts
This Agreement applies to all Oxyton production department employees working twelve-hour shifts.
The Company may terminate, with 30 days notice, the twelve hour shifts if they are found to adversely affect production.
The 12 hours shifts may also be terminated, with 30 days notice, at the end of any pay period if the majority of operators decide to do so.
The transition in and out of the 12 hour shifts will be done at no additional cost to the Company.
The Company will issue individual notices, at least 30 days in aclvance, of its intention to change the 12 hour-shift schedule.
Some type of system will be instituted to assure that "Reliefs" will be available to cover "Scratches; etc ... "
For the life of this Agreement, the following Amendments will be made to the collective agreement insofar as it is applied to employees covered by this Agreement:
ARTICLE 11.03
Shift employees working regularly scheduled shifts will receive an off-shift premium of $1.20 per hour for the night shift. Such off-shift premium will not be paid for any hour in which an employee receives an overtime rate except as provided in Article 12.02 D) and such off-shift premium will not form part of an employee's regular hourly rate.
ARTICLE 12.01 a)
Amend to read:
" ... and the normal shift will be twelve (12) hours ... "
48
ARTICLE 12.05
When an employee is advised during his present twelve (12) hour shift to work overtime following completion of such shift, he will receive a meal allowance, provided such overtime exceeds two (2) hours. For each additional uninterrupted four (4) hour period, the Company will provide another meal allowance.
ARTICLE-13.02
Plant holiday pay will be computed at the regular ho.urly rate on the basis of twelve (12) hours.
ARTICLE 13.05
Amend to read:
· " ... provided such shift commences in the twenty-four (24) hour period beginning at 07:00 hours on the plant holiday, otherwise the entire shift will be paid at the regular hourly rate.
In the case of overtime work performed on a statutory holiday preceding or following an employee's regularly scheduled shift, the statutory holiday is considered to be the twenty-four (24) hour period beginning at 07:00 hours on the statutory holiday, and such overtime hours worked thereon will be paid at twice the employee's regular hourly rate. At 07:00 hours on the day following the statutory holiday, the overtime will be paid at the rate of one and one-half (1-1/2) times the employee's regular hourly rate. All following consecutive hours .. ,"
SCHEDULE "B"
Amend to read:
Day Shift: Night shift:
Lunch: Coffee breaks: Wash-up periods:
07:00 h to 19:00 h 19:00 h to 07:00 h
Maintain current practice Maintain current practice Maintain current practice
··• ..
49
21ST TURN SCHEDULE
The 21st turn shift is deemed to be from 15:00 h to 19:00 h or 19:00 h to 23:00 h on each Saturday scheduled to work.
ARTICLE 19.01
The paid leave of absence will be on the basis of twelve (12) hours per day.
Any articles that are not covered by this letter will be brought forward by either party to achieve mutual satisfaction.
50
LETTER OF AGREEMENT
Re: Ten hour shifts (excluding Truck Drivers)
This Agreement applies to employees working ten (1 0) hours shifts excluding Truck Drivers.
The Company may terminate, with 30 days notice, the ten hour shifts if they are found to adversely affect production.
The 10 hours shifts may also be terminated, with 30 days notice, at the end ofany pay period if the majority of employees in the classification decide to do so.
The transition in and out of the 10 hours shifts will be done at no additional cost to the Company.
The Company will issue individual notices, at least 30 days in advance, of its . intention to change the 10 hour-shift schedule. ·
For the life of this Agreement, the following amendments will be made to the Collective Agreement insofar as it is applied to employees covered by this Agreement:
ARTICLE 11.03
Shift employees working regularly scheduled shifts will receive an off-shift premium of 87 cents per hour for the afternoon shift. Such off-shift premium will not be paid for any hour in which an employee receives an overtime rate except as provided in Article 12.02 D) and such off-shift premium will not form part of an employee's
- regular hourly rate. · ·
ARTICLE 12.01 A)
Amend to read:
"The normal workweek for non-continuous operations will be composed of forty (40) hours, Monday to Friday, and the normal shift will be ten (1 0) hours, and the ... "
51
ARTICLE 13.02
Plant holiday pay will be computed at the regular hourly rate on the basis of ten (1 0) hours.
ARTICLE 19.01
The paid leave of absence will be on the basis of ten (1 0) hours per day.
Any articles that are not covered by this letter will be brought forward by either party to
achieve mutual satisfaction.
52
. LETTER OF AGREEMENT
RE: TRUCK DRIVERS
This agreement applies to all Truck Drivers.
The Company may terminate, with 30 days notice, ten hour shifts if they are found ,to adversely affect delivery logistics and economics.
For the life of this letter of agreement, the following amendments will be made to the
collective agreement insofar as it is applied to employees covered by this letter of
agreement:
A) EIGHT & TEN HOUR SHIFTS:
Article 11.03 Drivers working regularly scheduled shifts will receive an off-shift premium
of eighty-seven cents (87¢) per hour for the afternoon shifts. Such off-shift premium will riot be paid for any hour in which an employee receives an overtime rate except as provided in Article 12.02d) and such off-shift
premium will not form part of an employee's regular hourly rate.
Article 11.04 Drivers working a regular schedule that includes Sundays will be paid a Sunday premium of $2.10 per hour for all regularly scheduled hours worked
on Sunday. Such Sunday premium will not be paid for any hour in which a driver receives an overtime rate and such Sunday premium will not form part of a driver's regular hourly rate.
Article 12.01a) The normal workweek will be forty (40) hours betvveen Monday and Friday for Group A and Group 8, and from Friday to .Monday for Group C-1 and
Group C-2. Group D and E are on flexible hours with the work week running from Sunday to Saturday. The normal shift will be ten (1 0) hours. It
is understood, however, that the provisions of this Clause are intended only tci provide a basis for calculating time worked and shall not be a guarantee
as to hours of work per days nor as to days of work per week, nor as a
guarantee of working schedules.
Article 13.02 Plant holiday pay will be computed at the regular hourly rate on the basis of
ten ( 1 0) hours for Groups A, 8, C-1, C-2 and D and E.
Article 13.04 Drivers will take the "lieu day" prior to the following Statutory Holiday. From
Canada bay to Labour Day, drivers will be able to carry-over the "lieu day" until the end of October. Christmas Day, Boxing Day and New Year's Day
"lieu day" will be taken prior to the end of February. The employee .can
53
choose the replacement day providing no more than two· (2) other drivers
have previously requested the same day [total of three (3)].
Drivers on weekend shifts will observe Statutory Holidays on the day they occur. If the Company requires drivers to work on the Statutory Holiday and drivers are not available for overtime, the most junior drivers would have to work.
Article 14.07b) Vacation pay will be calculated strictly on a percentage basis for Group D and E.
Article 14.12 This confirms the understanding which exists concerning vacation postings.
Article 19.01
The procedure is: Prior to. February 1st of each year: a list will be posted for each department, indicating the eligibility of each employee. The employees ·will then indicate their preferred times on the list. Drivers may only select whole week's vacation except during period December 20th to January 3rd. ·
March 1st of each year: based on the employee's indicated preferences, the relative seniority of each employee and the operating requirements of the plant, the Company will determine a vacation schedule for each department.
- April 1st of each year: the Company will post the schedule.
After April 15\ ·drivers may select single day's vacation during available
periods. . .
Vacations which have not been scheduled as above, due to an employee not having indicated a preference, will be assigned in order of request taking into account the operating requirements of the Company. The company reserves the right to assign any unscheduled vacation as of March 15t. ·
The paid leave of absence will be on the basis of ten (1 0) hours per day for Groups A, B, C-1, C-2, D and E.
The schedules and manpower complement for Drivers will be:
Group A:
Group 8:
Group C~1:
Will consist of 9 Bulk Truck Drivers on steady day shifts, non-rotating, 5 of them Monday to Thursday and 4 Tuesday to Friday; ·
Will consist of 7 Bulk Truck Drivers on afternoon shifts, non-rotating, 3 of them Monday to Thursday and 4 Tuesday to Friday;
Will consist of 4 Bulk Truck Drivers on day shift, non-rotating, from Friday to Monday; ·
54
Group C-2: Will consist of 5 Bulk Truck .Drivers on afternoon shift, non-rotating, from Friday to Monday; ·
Group D: Will consist of 3 Bulk Truck Drivers on flexible shifts, one (1) on steady day shift, one (1) on steady afternoon shift and one (1) floating (and any future
staff complement ad~ition).
Group E: Will consist of 3 Non-Bulk Truck Drivers on flexible shifts (and any future
staff complement addition).
Group D drivers: Overtime rates will be applied on the hourly paid activities for the 5th, 6th
or 7th day worked each week. The drivers will be assigned a fixed "designated day-off' per
week (the day of the week is subject to change by the Company with 30 day written notice).
Should a driver be called in on his "designated day-off', he will be paid double time for all
hourly paid activities. These drivers are required to carry a pager at all times (except on
"designated day-off') and report to work within 2 hours of being notified to report for work.
Any worked statutory holidays, floaters and vacatio'n days are deemed to be worked days
for the purpose of calculating overtime .. Meetings such as safety, quality, training, etc. of
less than 5 hours are not considered as worked dc;~ys for the purpose of calculating
overtime. Whenever possible, Group D drivers will be used to do Micro-bulk deliveries.
Group E drivers: Overtime rates will be applied on the hourly paid activities for the 6th or ih
day worked each week. Any worked statutory holidays, floaters and vacation days are
deemed to be worked days for the purpose of calculating overtime. Meetings such as
. safety, quality, training, etc. of less than 5 hours are not considered as worked days for the
purpose of calculating overtime.
On October 1st of each year, each driver will indicate his shift preference for the following
· year. The shifts will be awarded according to his qualifications (for non-bulk: prior train
experience or successful train road-test evaluation done by an outside firm) and to the
length of time he was in the department (last man in the program).
Group A, B and C permanent vacancies will be posted and filled within thirty (30) days.
If any of the Bulk Truck Drivers were to leave the department, the drivers who were below
that man on the shift will be given the option of changing their shift to a more desirable shift.
If any other changes were to take place with the shift schedule, the drivers first to be
affected will be Group D followed by Group C, Group B arid Group A respectively.
The highest driver in Group A (Tuesday to Friday) will be given the option to move to
(Monday to Thursday) in Group A due to an absence of at least one (1) week to any driver
in Group A (Monday to Thursday), provided the Company is given reasonable notice and
can reasonably accommodate the request.
The highest driver in Group B will be given the option to move up to the day shift in Group A
due to an absence of at least one (1) week to any driver in Group A, provided the Company
is given reasonable notice and can reasonably accommodate the request.
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The Company may request the lowest driver in Group C-1 to replace the driver in Group C-2 during any absence or to replace one of the drivers in Group B working Tuesday to Friday during any absence.
It is further understood that the above mentioned schedule is not meant to restriCt in anyway the Company's right to change its manpower complement or the number of drivers in each group. The operating requirements of the Company being the prime determinant in any case.
Changes to shift arrangements in group A and B can only be achieved by mutual agreement between the Company and the Union, the Company reserving the right to modify the shift arrangements of groups C, D and E on the basis of operating requirements.
It is further understood that in the event of curtailment of the operations, Group D is the first to be affected, followed by Group C-2 and C-1. '
Bulk Truck Drivers in any groups will be granted shift changes as long as the shift change is done with regard to safety, both drivers are in agreement, and the Company's work is not being compromised. There will be no limit on the number of shift changes as long as the above conditions are met. Drivers requesting such shift changes are expected to give reasonable notice. Shift changes will not be granted to allow a driverto book a day-off.
8) PROGRESSIVE RATE SCHEDULE FOR TRUCK DRIVERS
All kilometer rates and pumping rates to be increased each year on the anniversary date of the Collective Agreement by a percentage equal to the sum of the COLA fold-in, any hourly wage rate increase and/or increment increase based on the final job class rate for the Bulk Truck Drivers. ·
KILOMETER RATES
Trip Distance
Bulk Truck Drivers: 0 - 160 km
161 - · 360 km 361 - 1000 km
1001 km and over
Non-bulk Truck Drivers: All distances
RATE PER KILOMETER (Effective October 1, 2011)
$0.4911/ km $0.4620 I km $0.4188/ km $0.3753/ km
$0.3854/ km
PUMPING RATES (Bulk & Micro-Bulk) Effective October 1, 2011:
LOX/LIN LAR C02 N20
@ $0.002697 I m3 @ $0.003473 I m3 @ $0.0023711 kg @ $0.0024131 kg
ACTIVITY RATE
ACTIVITY Start day Pick-up tractor Pick-up trailer Pick:..up cylinder trailer Set-up Fuel tractor Fuel trailer Scale:..in (Except Hamilton & Courtright) Scaie-out (Except Hamilton & Courtright)
. Drop trailer End day Bob-walk Level reading (where requested) Loading I analysis Loading & Unloading pallets Sleeper time post & pre inspection US I Canada border crossing Responding to page (if Alphanumeric Pager indicates rush call required) Coffee breaks & wash up periods (total per day)
*Applicable to Bulk Truck Drivers only **Applicable to Non-bulk Truck Drivers only (1) 75 for loading at competitors sites
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TIME (MINUTES) 5
10 15 25 20* 10 5* 5* 5*
10 10 1 0*
5* 60*(1)
2 minutes I pallet** 30 30
. 15
30
100% of straight time hourly rate after 1/2 hour unpaid time per occurrence:
The maximum unpaid time that a driver can accumulate for any occurrence or combination of occurrences in any one day will be one hour for the following:
• Loading I analysis at load point • Start day • Pick-up trailer
· o Pick-up tractor
• Drop trailer • End day
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• Breakdown • Preventable traffic accident involving a Company vehicle • Inclement weather to a maximum of 1 0 hours per day • Waiting for equipment • At customer
Straight time hourly rate for the following:
• Actual time spent at safety meetings • Actual time spent at quality meetings • .Actual time spent at training seminars I courses • Training of other employees • Other "special" assigned work activities
(e.g. I.N.S., first fills, changeouts, etc.) • Analysis other than load point • Time spent waiting for direction from dispatcher • Time spent cascading or loading tube trailers • Time spent for M.O.T. I D.O.T. inspections with documentation • Non-preventable traffic accident involving a Company vehicle. • If driver gets delay due to peoplenet elog, he will be paid hourly rate at the
discretion of the Manager.
Overtime
• Will be paid 1.5 times for hourly paid activities on non-scheduled work days. • Will be paid at 2 times for hourly paid activities on statutory holidays and off
~chedule Sundays.
Team Rate
Trip Distance
361- 1000 km over 1000 km
Driver Trainee:
Rate per kilometer split between 2 drivers: (Effective October 1, 2011)
20% premium on single rate ($0.5026 I km) · 20% premium on single rate ($0.4504 I km)
Newly hired drivers will be paid at the applicable hourly straight time rate for all hours worked or as per the progressive rate schedule whichever is higher while being trained.
Driver Trainer:
Any time spent training a new driver will be paid at the applicable hourly straight time rate for the first 1 0 hours worked and 1.5 times for any hours exceeding ten or as per the progressive rate schedule whichever is higher.
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DEFINITION OF ACTIVITIES
TRIP DEFINITION:
START DAY
B - S - C B - C - B B - S - C - B B - C - S ·- B B - S - C - S B - S - C - S - B S - C - B S - C - S - B s-c·-s
B (Base) S (Source) C (Customer(s))
Pick-up dispatch, forms, Barcode reader/printer - Check reader/ printer, paper in printer - Scan driver's card, base identification - Start log sheet.
PICK-UP TRACTOR Walk to tractor - Scan tractor number"-:- Enter mileage - Physical verification of oil level, brakes, tires, etc ... (as per driver's handbook).
PICK-UP TRAILER Move tractor to trailer - Hook-up trailer - Physical verification of trailer as per driver's handqook · .. (including: scan unit number, odometer readings, start auxiliary engine, check oil, check hoses, caps, plugs, meter valves, tires, etc ... ) Complete paperwork pertaining to tractor and trailer.
Km RATE The distance traveled on a trip to fulfill Company requirements. The distance will be determined by the vehicle odometer. Should the odometer not function, the distance will be as recorded on a prior trip.
CUBIC METER The product quantity invoiced to the customer in m3.
KILOGRAM The product quantity invoiced to the customer in kg.
DROP TRAILER Unhook trailer from tractor- Lower dolly legs - Circle post check of dropped trailer - Put paperwork (Dangerous goods document & vehicle inspection) in tube.
SCALE-IN Weigh tractor-trailer- Register weight.
SCALE-OUT Move tractor-trailer to scale - Weigh tractor-trailer - Register weight -Pick-up paperwork from shipper in control room.
END DAY Park tractor - Leave tractor document in cab - Walk to dispatch office - cradle - Close-off log book, expense sheet and return all paperwork (including tripmaster) in dispatch tray.
BOB-WALK
SET-UP
FUELING
CALL-INS
LOADING
INSTALLATION
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To bob-tail or walk from any Hamilton ASU yard to yard 5.
The time allotted to connect, disconnect hoses and have delivery slips signed. One set up will be paid for delivery to each installation.
Fueling the power unit and trailer auxiliary engine at end of use.
Paid at four hours regular time Or for the work performed during the CALL~IN,. whichever is the greater.
Time spent at the facility where empty trailer, required for trip is being filled and analyzed.
Tank or ta·nks manifolded with a single fill connection.
LAY-OVER I SLEEPER TIME POST & PRE TRIP INSPECTION: Circle check and post & pre trip inspection. Update necessary
paperwork. LOADING & UNLOADING
OF PALLETS: I
Time spent at loading facility or customer to offload & reload a pallet on/off a cylinder trailer. (Includes opening/closing of curtains, engage /disengage trailer safety devices, preparing all documents/signing of same).
APPOINTMENT OF A JOINT COMMITTEE
The Company and the Union agree to establish a Committee composed of two Drivers and
two Management representatives with the objective of reviewing problem areas related to
the application of the Progressive Rate Schedule and to the schedules (hours of work) for
Groups D & E. Such problem areas may ·include: Customers where delays are a constant
problem and Group E scheduled day-off.
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APPENDIX "A"
HAMILTON
CLOTHING POLICY FOR CUSTOMER INSTALLATIONS
Customer Installation Technician Customer Instrumentation Technician
· INS Operator 5 Shirts 5 Pants 3 Coveralls 2 Insulated coveralls 1 Jacket 1 Parka or Bomber Jacket 1 Vest
Above items to be supplied if requested and replaced as necessary due to normal wear and
tear provided damaged clothes are returned. ·
LEAD HAND P .0. P.0.#1 P.0.#2. SMR OPERA TOR
STORES
UTILITIES
MAINTENANCE
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APPENDIX "8"
HAMILTON
CLOTHING POLICY FOR OXYTON PERSONNEL
1 Parka 1 Thermal, 1 Regular Coveralls 5 Shirts 5 Pants· 1 Jacket
6 Pants 6 Shirts 1 Parka, 1 Sweater 1 Jacket
8 Sets Combination Pants and Shirts or Coveralls - Thermal and Regular
1 Parka 1 Jacket 2 Vests 1 Snow Suit
. 5 Sets Combination Pants and Shirts or Coveralls
1 Parka 1 Jacket 2 Vests 1 Snow Suit
Above items to be supplied if requested and replaced as necessary due to normal wear and tear provided damaged clothes are returned.
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APPENDIX "C"
HAMILTON
CLOTHING POLICY FOR DISTRIBUTION
a) Truck Driver
Truck drivers will be entitled to the following flame retardant clothing on a three (3) year contract basis:
2 Jackets 2 Vests 1 Parka and 1 insulated Bib coverall 1 pair of Sorel-type winter boots with class A steel toe.
The Company will supply eight (8) pairs of cryogenic gloves and four (4) pairs of refueling gloves per year to each driver.
The Company will supply rainwear to each driver to be replaced when necessary.
Drivers will have input on the quality and the type of uniform.
Drivers will only wear the most recent issue of uniform.
Shirts and pants will be available for drivers. The cleaning will be done by a supplier. To be replaced as necessary due to a normal wear and tear provided damaged clothes are returned.
b) Truck Maintenance
Shirts, pants and coveralls will be available for Mechanics. The cleaning will be done by a supplier.
The work clothing and uniform for Truck Maintenance is composed of coveralls,' pants, shirts and wind-breaker to be replaced as required based on normal wear and tear.
The Company will supply 1 pair Sorel type boots 1 pair winter thermal coveralls 1 parka
Above items to be supplied if requested and replaced as necessary due to normal wear and tear provided damaged clothes are returned.
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LETTER OF UND-ERSTANDING
"21st turn" schedule
The Company will return to the "21st turn" shift schedules for Panel Operators and SMR Operators. The guidelines below will serve as the basis for discussion with the Union if the "21 turn" shift schedule is to be changed.
1) Under the present level and mode of operation, one (1) position of Relief Panel Operator and one (1) SMR operator would be posted.
. . .
2) Such positions would first be used for vacation relief, and next be used to offset overtime worked on the "21st turn".
3) Except in case of urgency or long term absence, only those employees referred to in paragraph 1) above will be assigned to vacation relief and to offset overtime on the "21st turn".
4) A permanently designated day of rest, between Monday and Saturday inclusive, will be instituted for the Panel Operators and SMR Operators. Should an employee be required to work on his designated day of rest, he will be paid at the rate of one and one-half his regular hourly rate.
5) When a holiday falls on the 21st turn, another day before the holiday will be deemed to be the overtime shift. The holiday will be observed on the day it falls.
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LETTER OF AGREEMENT
RE: ADJUSTMENT PLAN
The Company and the Union, recognizing the concern of the employees as they might be
affected by technological changes, or by a partial or complete plant closure, have agreed to
the following adjustment plan:
The Company agrees, when such changes . are contemplated, to discuss such changes
through the Union Management Committee and to give eight (8) weeks notice to the Union,
except if the partial or complete plant closure is caused by strike, lock-out, war, fire, flood, or
other natural disasters, or Acts of God.
The Company will make every reasonable effort, where practical, to relocate and/or retrain
employees so affected.
Technological change means the introduction by the Company into the production process of
· new equipment or machinery of a type which was not previously used by the Company and
which results in layoffs of employees.
If any employee is to have his employment terminated because of technological changes or
because of a partial or complete plant closure, the Company shall pay severance pay to each
employee whose employment has been terminated and who has been employed by the
Company for two or more years.
Such severance pay shall be in an amount equal to the employee's regular wages for a
regular non-overtime work week multiplied by one and a half times the number of the
employee's completed months of employment divided by 12, but shall not exceed thirty-nine
weeks regular wages for a regular non-overtime work week.
An employee entitled to severance pay may elect to be paid the severance pay forthwith or
may elect to maintain the right to be recalled. Where the employee elects to be paid the
severance pay forthwith, the employee shall be~· deemed to have abandoned the right to be
recalled and will be terminating his employment relationship with the Company.
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Severance pay shall not be payable to:
a) an employee who refuses an offer by the Company of reasonable alternative employment with the Company;
b) an employee who refuses to exercise his seniority rights to obtain reasonable alternative employment;
c) an employee who has been guilty of willful misconduct or disobedience or willful neglect of duty that has not been condoned by the Company;
d) an· employee who, upon having his employment terminated, retires and receives an actuarially unreduced pension benefit.
Any amount paid by virtue of this adjustment plan reduces any amount of severance pay or
termination pay otherwise payable under existing or subsequently enacted legislation.
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LETTER OF UNDERSTANDING
Re: OVERTIME DISTRIBUTION FOR HAMIL TON OXYTON
The Company will maintain two (2) overtime distribution lists, one for operators and one for maintenance, consisting of high to low Straight Time Equivalent Hours (S.T.E.), overtime hours (time and a half) worked, double time hours worked, and overtime hours refused. All overtime hours refused will be counted as time and a half hours.
S.T.E hours= 1.5 times overtime hours plus 2 times double time hours
New lists will be created and posted every 2 weeks by adding overtime hours worked to each employee. Any errors noted will be corrected prior to posting the next list.
For operations, relief employees will be first utilized to fill ·in for vacation or other absences. In all cases time and a half will be used before double time replacements.
PRO-RATING
New employees, when qualified, will be charged with the average S.T.E. hours on the list. If an employee is off for more than 4 consecutive calendar weeks, he will be charged by the average STE hours earned during the period of that absence. Employees on vacation will not be charged. ·
SHIFT SCHEDULES
Generally, the shift schedule for the Oxyton and SMR will be made up and posted in the Oxyton and SMR such that the current schedule plus the following three weeks are posted at any given time. .
For purposes of assigning overtime to operation employees, the following procedure applies:
• Shifts requiring overtime will be posted in the control room on separate· sheets for known available overtime 3 weeks into the future
• Employees eligible for those overtime shifts will sign their names to the openings • The Supervisor will make the final decision on who works the overtime shifts based
on this policy • If no eligibl.e employees sign up for the overtime, the Supervisor will schedule the
overtime based on seniority, with the least senior employee being assigned to work the required overtime shift
• Schedules will be updated and posted every Monday • For overtime opportunities that become available during the current posted week,
the Supervisor will follow the S.T.E. list in filling those opportunities
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REFUSALS
The Company will document all refusals. • A refusal is when an employee in the same classification turns down overtime
indicated on the shift schedule by not signing up for that overtime shift • The maximum hours refused on any occasion will be 12 hours • Situations where employees refuse to work overtime while on vacation will not be
documented as refusals (but employees will still be contacted) • Situations where the overtime becomes available during the current week will not be
counted as refusals
OTHER TERMS
_Other terms to be noted: • For purposes of this agreement, article 12.04 will be amended to read: "As far as
possible, the Company will endeavour to distribute opportunities for overtime work among those employees in Production Oxyton and SMR areas as equally as practicable consistent with the efficiency of operations."
• For maintenance· employees, "As far as possible, the Company will endeavour to distribute opportunities for overtime work among those employees in Maintenance as equally as practicable consistent with the efficiency of operations."
• This Letter of Understanding will be reviewed each contract renewal • · Effective the first pay period of each year, all employees' STE's will be reset to zero
(0) • If an employee is scheduled to work a statutory holiday and/or "21st turn" as part of
his normal shift he cannot be bumped off said shift because of overtime distribution. • The distribution of overtime requires that employees and the Company participate in
this program in a responsible manner.
FOR ALL HOURLY EMPLOYEES
For the purposes of equal distribution of overtime for maintenance· employees, the following guidelines will prevail:
o- Offered to those who normally perform the work (in the same classification) with the lowest hours;
• Offered to thqse who normally perform the work (in the same classification) with high hours; ·
• Offered to those who can perform the work with the lowest hours; • Offered to those who can perform the work with high hours.
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LETTER OF UNDERSTANDING
RE: BULK DISTRIBUTION OVERTIME POLICY
Payroll summary from the previous week (i. e. Sunday thru Saturday) will be converted to regular hours as per applicable formula (weekly gross divided by current regular hourly rate = number of hours) and recorded on the overtime list.
If a driver requesting overtime turns down a two day trip, his position will be placed at the bottom of the list for all days provided he requested overtime for both days. ·All hours shali begin at zero upon implementation (January 1, 2006) of this policy and run in one calendar year intervals. This policy will be reviewed annually when deemed necessary by either party.
A driver shall not request or be charged hours on the overtime list from the end of his last regular shift u6til the beginning of his first regular shift while on vacation. Dispatch will phone the drivers that have requested overtime and if necessary page them when an .overtime shift is available. If a driver does not .respond within thirty (30) minutes the dispatcher will contact the next eligible driver.. Drivers may call between 5:00pm and 6:00pm to .inquire about overtime for the following day.
New drivers will be pro-rated and their names added to the overtime list after their training has been completed.
The deadline for overtime requests will be 1 OhOOam every Thursday. Any requests made after the deadline will be granted and placed at the bottom of the list for all days. The overtime list will be calculated and posted on the· conference room bulletin board by 2h00pm Thursday.
The overtime _list will be maintained in the dispatch office. Requests for overtime Will be directed to the dispatcher and be marked on the list. The order of eligible drivers l.isted for each day is subject to rotation.
Drivers cannot pick or choose runs. Refusals will be deemed as overtime received for that day. ·
A supplementary list will be created annually for drivers who are willing to vvork overtime when their names do not appear on the weekly overtime list.
A list will be created annually (October 1 51) for long trip drivers. All trips greater than 800
km will be recorded on the long trip list and balanced amongst the drivers as much as possible. Long trip refusals will be charged against the driver on the long trip list.
