MINE, MILL AND SMELTER WORKERS'/ CAW UNION LOCAL 598 Services/891-0015-12.pdf598, of the Canadian Union of Mine Mill and Smelter Workers, save and except office superintendent and

COLLECTIVE AGREEMENT

BETWEEN

MINE, MILL AND SMELTER WORKERS'/

CAW UNION LOCAL 598(OFFICE)

AND

RETAIL, WHOLESALE AND DEPARTMENT STORE

UNION, DISTRICT COUNCIL

- of the -

UNITED FOOD AND COMMERCIAL WORKERS

INTERNATIONAL UNION

April 1, 2009

to

March 31, 2012

ARTICLE INDEX PAGE

1. SCOPE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

2. RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

3. NO DISCRIMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

4. UNION SECURITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

5. MANAGEMENT RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

6. NO CESSATION OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

7. REPRESENTATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

8. ADJUSTMENT OF GRIEVANCES. . . . . . . . . . . . . . . . . . . . . . . . 3

9. SENIORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

10. TRANSFERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

11. LEAVES OF ABSENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

12. HOURS OF WORK & OVERTIME. . . . . . . . . . . . . . . . . . . . . . . . 6

13. WAGES AND CLASSIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . 7

14. REGULAR VACATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

15. SPECIAL LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

16. PAID HOLIDAYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

17. WELFARE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

18. CANADIAN COMMERCIAL WORKERS

INDUSTRY PENSION PLAN. . . . . . . . . . . . . . . . . . . . . . . . . . . 10

19. COST OF LIVING ALLOWANCE. . . . . . . . . . . . . . . . . . . . . . . . 11

20. CANADA PENSION PLAN. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

21. PREGNANCY/PARENTAL LEAVE. . . . . . . . . . . . . . . . . . . . . . . 12

22. BEREAVEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

23. CHRISTMAS GIFT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

24. GENERAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

25. JURY DUTY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

26. TERMINATION AND RENEWAL. . . . . . . . . . . . . . . . . . . . . . . . 14

Schedule "A" - CLASSIFICATION AND WAGES - FULL TIME. . . . . . . . . . . . 15

Schedule "B" - SICKNESS AND ACCIDENT. . . . . . . . . . . . . . . . . . . . . . . . 16

Appendix "1" - PART-TIME EMPLOYEES. . . . . . . . . . . . . . . . . . . . . . . . . . 17

LETTERS OF AGREEMENT #1 - #12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

2009 - 2012

OFFICE

BETWEEN: MINE, MILL AND SMELTER WORKERS' / C.A.W. UNION

LOCAL 598

(hereinafter called "the Employer")

AND: RETAIL, WHOLESALE AND DEPARTMENT STORE UNION,

DISTRICT COUNCIL - of the - UNITED FOOD AND COMMERCIAL

WORKERS INTERNATIONAL UNION

(hereinafter called "the Union")

WHEREAS by a certificate issued by the Ontario Labour Relations Board, dated the

tenth (10th) day of October, 1963, the Union is certified as the bargaining agent of

all the office employees of the Sudbury Mine Mill and Smelter Workers Union, Local

598, of the Canadian Union of Mine Mill and Smelter Workers, save and except office

superintendent and persons above the rank of office superintendent.

AND WHEREAS it is the intent and purpose of the Union and the Employer to further

harmonious industrial relationships between the Employer and it's employees.

NOW THEREFORE this Agreement witnesseth that the parties hereto hereby agree as

follows:

ARTICLE 1 - SCOPE:

1.01 The word "employee" wherever used in this Agreement, shall mean all

of the part-time or full-time employees of the Employer as applicable, male or female,

regularly employed in the General Offices, as defined in the Ontario Labour Relations

Board Certificate.

ARTICLE 2 - RECOGNITION:

2.01 The Employer recognizes the Union as the sole collective bargaining

agency for all employees with respect to rates of pay, hours of work, and other

conditions of employment.

ARTICLE 3 - NO DISCRIMINATION:

3.01 There shall be no discrimination by the Employer against any employee

because of his/her race, colour, religion, political opinion, or for any other reason.

ARTICLE 4 - UNION SECURITY:

4.01 Each week the Employer shall deduct an amount equal to the Union's

regular weekly dues from the pay cheque of each employee in the bargaining unit.

Such deduction shall also be made from each employee's vacation pay.

All such deductions shall be sent to the Union on a monthly basis by the

fifteenth (15th) day of the month following the month in which deductions are made

together with a list of the names of each employee from whose pay cheques

deductions have been made and the amount deducted in each case.

4.02 The Union and the Employer further agree that all employees of the

Employer at 1st day of June, 1979 shall, as a condition of each employee's continued

employment, become members of the Union in good standing within a period of thirty

(30) days and that all employees hired by the Employer subsequent to 1st day of June,

1979 shall, as a condition of continued employment, become members of the Union

within a period of thirty (30) days of their date of employment, and shall have

deducted from their pay an Initiation Fee in the amount and manner specified by the

Union's By-Laws. Such initiation fees shall be remitted to the Union in the same

manner as Union Dues, referred to above.

4.03 There shall be no contracting out of work to persons not covered by this

agreement, when such work can be performed by bargaining unit employees or if such

contracting-out would result in the displacement of bargaining unit employees, in any

way.

4.04 The Employer agrees to show on each employee's Annual T-4 slip, the

full amount of Union Dues paid by such employee during the previous calendar year.

4.05 The Employer shall forward to the Union a list of employees' names,

addresses and phone numbers by January 15th of each year.

ARTICLE 5 - MANAGEMENT RIGHTS:

5.01 The Union agrees that the Employer has the exclusive right to manage the

offices, to direct the working forces, to hire, promote, transfer, lay-off, and to suspend

or discharge employees for just cause, provided, however, that the Employer agrees

that any exercise of these rights and powers in conflict with any of the provisions of

this Agreement, shall be subject to the provision of the grievance procedure.

ARTICLE 6 - NO CESSATION OF WORK:

6.01 Neither the Union nor any employee shall take part in or call or encourage

any strike, sit-down, slow-down or any suspension of work against the Employer nor

shall the Employer engage in any lockout.

ARTICLE 7 - REPRESENTATION:

7.01 The Employer agrees to recognize one (1) union steward as appointed by

the Union for the purpose of handling grievances and attending meetings with the

Employer in the administration of this agreement on behalf of the employees covered

hereunder.

7.02 The steward shall be allowed the necessary time off work without loss

of pay for the purpose of processing grievances during working hours provided:

(a) they obtain prior consent from the Employer which shall not be

unreasonably withheld;

(b) such time off shall be of reasonable length and shall not unduly impair

the efficient operation of the business;

(c) the union steward shall upon request by the Union Office, given at least

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two (2) work days notice, in advance, be allowed off work for up to two

(2) hours, once per month without pay, to attend to union business for

which the Union requires their presence away from the Employer's

premises.

7.03 No individual member or group of members shall undertake to represent

the local union at a meeting with the Employer without prior authorization by the local

union.

7.04 The Employer agrees that a full-time representative of the Union or the

International Union after contacting the Employer, may enter the premises during hours

of work to interview employees dealing with alleged violations of the collective

agreement being processed under the grievance procedure contained herein. It is

agreed that such business will be timed to cause as little disruption as possible to the

normal conduct of the Employer's business.

ARTICLE 8 - ADJUSTMENT OF GRIEVANCES:

8.01 Should any difference arise between the Employer and the Union or any

of the employees as to the interpretation, application, administration or alleged

violation of the provisions of this Agreement, an earnest effort shall be made to settle

such difference without undue delay in the following manner:

STAGE ONE

The Employee concerned accompanied by the Union Steward employed

by the Employer, or a Union Representative, may within seven (7) days of the alleged

grievance, take the matter up with the Employer's Property Trust Committee, who

shall give an answer within forty-eight (48) hours. Should the Employee feel that his

grievance has not been satisfactorily settled, then: -

STAGE TWO

A Committee comprised of not more than two (2) Union representatives

and not more than three (3) employees of the Employer, will on behalf of the

Employee, present the grievance, in writing, to the Employer's Grievance Committee,

who shall discuss the matter with such Committee and give their decision, in writing,

not later than three (3) days after the written presentation has been given to it. If a

satisfactory settlement of the grievance is not reached, it may then be dealt with as

hereinafter provided.

ARBITRATION

Should the Employer and the Grievance Committee fail to reach

agreement upon any grievance dealt with by them, then either party may refer it to

Arbitration. The Employer and the Union shall endeavor to choose a mutually

acceptable Arbitrator who shall hear the arbitration. Should the Employer and the

Union fail within five (5) days to agree on an Arbitrator, an application shall be made

by the Employer, the Union or jointly by both parties for the appointment of an

Arbitrator as provided by the appropriate labour legislation in the Province of Ontario.

The Arbitrator shall hear the evidence of both parties and shall render his decision

within seven (7) days of the completion of the taking of such evidence. The decision

of the Arbitrator shall be final and binding on both parties. It is understood and agreed

that the Arbitrator has no authority to alter, modify or annul any part of this

Agreement. Each party shall pay one-half of the fees and expenses of the Arbitrator.

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GENERAL

Specific time and meetings shall be agreed upon by the Union and the

Employer for the consideration of any disputes or other matters to be dealt with under

the provisions of this section, provided however, that matters pertaining to the

discharge of employees or other matters which cannot reasonably be delayed until the

time of such regular meetings may be considered at an earlier date. Matters to be

dealt with under the provisions of this section shall normally be discussed outside of

working hours.

The time limits mentioned above may be extended by mutual agreement

of the parties.

Any difference arising directly between the Employer and the Union as

to the interpretation, application, administration or alleged violation of this Agreement,

may be submitted by either party to the other at Stage Two of the grievance

procedure.

In the case of a wage grievance, the matter shall be taken up within

seven days after the employee receives his or her pay cheque for the period in which

the grievance occurred.

In the event that any employee be discharged from his or her employment

after the date hereof, and believes that his/her discharge is without just cause, such

discharge may be taken up at Stage Two of the grievance procedure within seven (7)

days. In the event that it should be found that an employee has been discharged

without just cause, such employee shall be reinstated to his/her job without loss of

seniority, and such employee shall be compensated for all time lost.

ARTICLE 9 - SENIORITY:

9.01 Seniority is the principle of granting preference to employees for

promotions, demotions, transfers, lay-offs and rehiring after lay-offs in accordance

with the employee's length of service with the Employer, and all other matters.

9.02 APPLICATION OF SENIORITY

In all cases of promotions, demotions, transfers, lay-offs and rehiring after

lay-offs, the Employer shall consider the following two factors in determining the

privilege of the employees:

(a) the seniority ranking of the employees affected and

(b) the ability of the individual to fulfill the normal requirements of the job.

Whenever a vacancy or new position occurs within the bargaining unit,

the employees then employed shall have first choice for such vacancies or new

position.

9.03 PROBATIONARY PERIOD

An employee shall be on probation for the first (60) calendar days of his

or her employment and during such probationary period shall have no recourse to the

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grievance procedure. Upon completion of the probationary period the employee's

seniority shall be computed from the first day of employment.

9.04 SENIORITY LISTS

A list showing the seniority dates for each employee will be prepared and

maintained by the Employer. The list shall be revised by the Employer and brought up

to date at least once during each 6 month period, and a copy shall be forwarded to the

Union. Such list shall be subject to the grievance procedure.

9.05 LAYOFF NOTICES

(a) in case of layoffs for lack of work, an employee shall be given one

month's notice, or one month's pay in lieu of such notice;

(b) in case of layoff for lack of work, of a part-time employee, an employee

shall be given two (2) week's notice, or two (2) week's pay in lieu of

such notice.

9.06 SENIORITY IN RECALL

From the date of layoff for lack of work, an employee shall keep his or

her seniority equal to his or her seniority at date of layoff, or three (3) months,

whichever is greater, and be entitled to re-call before other permanent help is hired,

provided that such employee makes himself/herself available within fourteen (14) days

after the mailing of a notice to return to work by the Employer, which notice shall be

sufficient if sent by registered mail to the employee's address last recorded with the

Employer.

In the event that an employee receiving such recall notice signifies a

reason acceptable to the Employer for not being able to report to work within fourteen

(14) days, the Employer shall accept such Employee without loss of seniority

privileges.

Employees who are on layoff shall have preference to any part-time or

casual work which is available provided that such employee can perform the normal

requirements of the job.

An employee who is on layoff and does not accept such part-time or

casual work shall forfeit his or her right to any further part-time or casual work.

9.07 BREAK IN SERVICE

A break in service shall be deemed to have occurred if an individual

employed by the Employer:

(a) quits;

(b) is discharged and such discharge is not reversed through the grievance

procedure;

(c) fails to return to work after completion of a leave of absence which has

been granted by the Employer unless a reason acceptable to the

Employer is given by the employee for his inability to return. Such

reason to be given to the Employer in writing by the employee;

(d) fails to return to work after seven (7) days of a recall notice terminating

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his or her lay-off unless a reason acceptable to the Employer is given by

the employee for his or her inability to return. Such reason to be given

to the Employer in writing by the employee;

(e) works for some other Employer while on sick leave;

(f) works for some other Employer except the Union on a granted leave of

absence.

ARTICLE 10 - TRANSFERS:

10.01 If an employee is permanently transferred to a lower rated job in lieu of

a layoffs, he or she will receive no less than the maximum rate of the lower rated job.

10.02 If an employee is transferred to a lower rated job in lieu of a layoff, he or

she shall retain his or her former rate for a period of ten (10) days.

10.03 Any employee who is temporarily assigned to work in a classification

carrying a lower rate of pay shall be paid the rate of pay for the classification from

which he or she was assigned.

10.04 An employee transferred to a higher rated job shall start at no less than

his/her former rate of pay or the minimum rate of the new job, whichever is higher.

ARTICLE 11 - LEAVE OF ABSENCE:

11.01 In accordance with the requirements of operation the Employer will upon

request by the Union made one week in advance, grant leave of absence (not to

exceed 21 days) for one employee, who may be elected to attend the Convention or

Conferences of the Union.

11.02 The Employer may on application of the Union given three (3) weeks in

advance, grant leave of absence to any employee who may be selected to fill an office

or act in any capacity for the Union.

11.03 The Employer also agrees to consider requests for leave of absence by

an employee, for any other legitimate reason.

11.04 Such granted leaves of absence shall be in writing and signed in triplicate

by the Employer and the Employee. One copy shall be retained by the Employer, one

by the Employee, and one copy forwarded to the Union.

11.05 Such granted leaves of absence shall be without pay and leaves of

absence for Union business shall not cause any loss of seniority rights.

ARTICLE 12 - HOURS OF WORK AND OVERTIME:

12.01 (a) The work week shall be Monday to Friday. The regular work week shall

consist of thirty-five (35) hours per week.

(b) Notwithstanding the above, during the months of June, July, August,

and September, current full-time employees who apply shall be allowed

to bank some of their additional weekly hours to be used to have either

a Monday or a Friday off for every seven (7) hours banked. Such days

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off to be allowed by seniority.

12.02 All time worked in excess of seven (7) hours in one day shall be paid for

at a rate of time and one-half.

All work performed on Saturday and/or Sunday shall be paid for at the

rate of double time or the employee shall be allowed an additional day off with pay to

be taken during a mutually agreeable time.

12.03 Overtime shall be distributed equally among the employees provided they

are willing and able to perform the work required.

12.04 If any employee is called out to work for any reason other than his regular

shift, he shall be paid a minimum of four (4) hours' pay at his regular rate.

12.05 It is expressively understood that the Employer does not guarantee to

provide work for any employee or to maintain the working schedule or working hours

presently in force.

ARTICLE 13 - WAGES:

13.01 The classification and wage rates contained in Schedule "A" of this

Agreement shall remain in effect for the term of this Agreement.

13.02 Pay day to be every second Thursday.

13.03 Before any new classifications are established within the bargaining unit,

the Employer agrees that a notice of it's intention will be made available to the Union

and that upon request by the Union within ten (10) days of such notice the Employer

will meet with the Union. Any adjustments in rates arising from such discussions will

become effective from the date the Union and the Employer met to discuss the new

classification.

ARTICLE 14 - REGULAR VACATIONS:

14.01 6 months - 1 week

1 year - 2 weeks

3 years - 3 weeks

8 years - 4 weeks

15 years - 5 weeks

20 years - 6 weeks

25 years - 7 weeks

14.02 Employees will receive 2% of his or her total earnings from the previous

calendar year or one week's regular wages (whichever is greater) for every week of

regular vacation taken. Total earnings shall include C.O.L.A. paid but shall not include

payments in lieu of pension benefits.

14.03 Effective January 1, 2009, current full-time employees will receive a

bonus of three hundred ($300.00) dollars each week of regular vacation taken. Future

full-time employees will receive a bonus of two hundred and fifty ($250.00) dollars

each week of regular vacation taken.

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14.04 The Employer shall prepare and post the vacation schedule in sufficient

time prior to the vacation periods to allow the employees to choose their vacation

dates.

14.05 Choice of regular vacation dates will be granted to the employees on the

basis of:

(a) the seniority of the employees;

(b) the efficiency of the employer's operation.

14.06 Employees may take up to two (2) weeks of their regular vacation on the

basis of one (1) day at a time provided the employee gives the Employer seven (7)

days advance notice of the desired days.

14.07 SPECIAL VACATION:

In addition to the regular vacation allowed each employee, each employee

will be entitled to five (5) weeks special vacation with pay upon completion of five (5)

years of service. This provision is effective January 1, 1982 and employees who have

completed five years or more of service as of January 1, 1982 will immediately

become entitled to the five weeks special vacation. Such vacation would be taken by

mutual agreement at any time during the five years following entitlement, but shall not

interfere with the regular vacation of another employee, nor shall the vacation bonus

be payable on this special vacation.

14.08 Special vacations may be taken one day at a time by mutual agreement

between the employee and the Employer.

ARTICLE 15 - SPECIAL LEAVE:

15.01 All employees with two (2) years of continuous service or more, who

have not drawn any sick leave benefits during the previous calendar year shall receive

one week special leave at 2% of his or her total earnings from the previous year.

15.02 Choice of special leave date shall be granted to the employees on the

basis of:

(a) the seniority of the employees entitled to special leave;

(b) the efficiency of the employer's operation;

(c) an employee's special leave will not interfere whatsoever with other

employee's regular vacation regardless of seniority.

15.03 All employees who have completed three or more years of continuous

service shall receive a special leave, to be the period between Christmas Day and New

Year's Day at 2% of the employees total earnings from the previous year, however,

only one employee shall be allowed to be absent at that time in any year, therefore the

employees will rotate on a year by year basis, and the employee who is working in

that period shall be entitled to another week, with pay, in lieu thereof.

ARTICLE 16 - PAID HOLIDAYS:

16.01 The Employer agrees to observe the following legal holidays at regular

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pay:

New Year's Day Victoria Day

Good Friday Dominion Day

Civic Holiday Labour Day

Thanksgiving Day Remembrance Day

Christmas Day Boxing Day

Family Day

16.02 All time worked on any of the above holidays shall be paid for at two and

one-half times the regular rate.

16.03 Should any of the Statutory Holidays fall within an employee's vacation

period, or during a period of illness, or on his regular day off, such employees shall be

granted one day's pay provided they have worked within the thirty (30) day period

immediately preceding such holiday.

16.04 In any event that any of the above holidays fall on Sunday, the day so

declared as a Holiday in lieu thereof shall be recognized as the Holiday and the straight

time or double time and one-half shall apply.

16.05 The Employer agrees to observe any statutory holidays at regular pay the

government may declare beyond the ones in Article 16.01.

16.06 Employees with one (1) or more years of continuous service, shall be

granted three (3) floating holidays, with pay, once every calendar year. This floating

holiday will be used at a time mutually agreed upon between the Employer and the

Employee, by December 31st of any year.

16.07 After the completion of one (1) year of service the date for determining

Paid Holiday entitlement shall be January 1st.

ARTICLE 17 - WELFARE:

17.01 Only regular full-time employees covered hereunder shall be eligible to

receive any benefits under the provisions of this Article excepting those employees

who are unable to qualify due to parallel coverage; however, if there is any change in

status of the employee in the matter of Insurance Coverage, the following shall be in

full force and effect.

17.02 Upon written request on an approved form, by an employee, the Employer

shall, upon receipt of such request, re-instate such employee in the medical plan.

17.03 Should such employee wish to be re-instated in such plans as mentioned

above, he or she shall do so in writing, and upon acceptance by the Plan, shall again

become entitled to the benefits provided under such plan.

17.04 DRUG PLAN

The Employer will provide a 35¢ deductible Drug Plan without cost to the

employee.

17.05 LIFE INSURANCE

The Employer will provide life insurance coverage for each employee in

the amount of: one time the employee's regular base yearly wages to a maximum of

$50,000.00.

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AD&D

One time the employees regular base yearly wages to a maximum of

$50,000.00.

In addition the AD&D will cover employees for one (1) year following an

accident.

Spouse - $5,000.00

Child - $2,500.00

17.06 DENTAL PLAN

The Employer agrees to contribute one hundred percent (100%) of the

premiums for all full-time employees for a Dental Plan, the provisions of which are to

be equivalent of Blue Cross Dental Plan No. 7 which shall include orthodontics.

Effective June 1, 2003, payments shall be based on the 2001 O.D.A. Schedule of

Fees. Effective June 1, 2004, payments shall be based on the 2002 O.D.A. Schedule

of Fees. Effective June 1, 2005, payments shall be based on the 2003 O.D.A.

Schedule of Fees.

17.07 VISION CARE

Effective June 1, 1994, the Employer will provide Vision Care coverage

for each employee and their dependents, in the amount of two hundred and fifty

dollars ($250.00) in every twenty-four (24) month period, without cost to the

employees.

17.08 PAY ON DAY OF ACCIDENT

In case of an accident, to the extent that an accident claim must be filled

out, the Employer will pay the balance of the shift during which an employee became

disabled.

17.09 SICK LEAVE

Full-time employees shall be entitled to sick leave in accordance with the

provisions of Schedule "B" attached hereto.

17.10 GROUP PLAN

All insurance provisions currently in effect shall remain in effect during

the life of this Agreement.

ARTICLE 18 - CANADIAN COMMERCIAL WORKERS INDUSTRY PENSION PLAN:

18.01(a) It is the intent of the Employer to provide eligible bargaining unit

employees of Mine Mill and Smelter Workers' Union/C.A.W. Local 598,

with contributions towards the Canadian Commercial Workers Industry

Pension Plan (C.C.W.I.P.P.) effective January 1, 1998.

(b) Effective April 1 , 2006, the Employer agrees to pay $1.35 per hour onst

behalf of each employee based on 2080 hours per calendar year. Such

$1.35 per hour presently pays for a pension benefit of $60.00 per month

per year of service. The Employer agrees that they shall continue to

make the hourly contributions in an amount that will ensure the

employees continue to receive a retirement benefit of $60.00 per month

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per year of service.

(c) The Employer agrees that in addition to the contributions it will make to

the Canadian Commercial Workers Industry Pension Plan (CCWIPP), the

Employer also agrees to contribute for all current full-time employees

eight hundred and thirty-two ($832.00) dollars effective April of each

year to the Stabilization Fund for a period of time as determined by the

CCWIPP Trustees. The Employer further agrees that should the

Stabilization Fund cease to exist, the contributions allocated to the

Stabilization Fund will cease.

(d) The Employer agrees that in addition to the contributions it will make to

CCWIPP, the Employer also agrees to contribute forty ($0.40) cents per

hour for all hours worked to the Stabilization Fund to be paid on behalf

of all future full-time and part-time employees in a lump sum by

December 31 of each year for a period of time as determined by thest

CCWIPP Trustees. The Employer further agrees that should the

Stabilization Fund cease to exist, the contributions allocated to the

Stabilization Fund will cease.

ARTICLE 19 - COST OF LIVING ALLOWANCE:

19.01 A cost of living allowance will, if applicable, be paid to each employee as

set out below. This allowance will be based on the Consumer Price Index (all items

- base 1961 = 100) published by Statistics Canada (also referred to as the CPI) and

will be calculated as follows:

(a) The CPI published for May 1984 shall be compared with the CPI

published for March 1984 and effective by the pay period immediately

following the publication of the March 1984 CPI, the allowance shall be

one cent (01¢) for each zero point three five (0.35) point increase by

which the March 1984 CPI exceeds the May 1984 CPI;

(b) Such allowance, if any, shall continue until the publication of the CPI for

August 1984, at which time the August 1984 CPI shall be compared

with the CPI published for June 1984 and effective the pay period

immediately following the publication of the August 1984 CPI, the

allowance shall be adjusted by one cent (01¢) per hour worked for each

zero point three five (0.35) point increase by which the August 1984 CPI

exceeds the June 1984 CPI;

(c) A similar comparison and adjustment shall be made there after on the

basis of the CPI published every three months (3) apart during the

remainder of the term of this Agreement;

(d) If there is a decrease in the CPI on the basis of the quarter to quarter

comparison, the allowance shall be adjusted downward by using the

formula mentioned above, but an employee's applicable hourly rate shall

not be affected by any downward adjustment;

(e) The amount of the cost of living allowance in effect at any time shall not

form part of an employee's applicable hourly rate and will not be included

for the calculation of vacation pay in excess of the statutory

requirements under the Employment Standards Act, 1970 R.S.O.;

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(f) No adjustments retroactive or otherwise shall be made due to any

revision which may later be made in the Consumer Price Index published

by Statistics Canada;

(g) The continuance of the cost of living allowance shall depend upon the

availability of the CPI calculated on its present basis and in its present

form.

19.02 It is agreed between the parties that COLA currently paid and paid over

the term of the Agreement shall be rolled into the wages on the basis of percentage

of total paid on April 1 of each year.st

ARTICLE 20 - CANADA PENSION PLAN:

20.01 The Employer agrees to pay the full cost of the Employer’s share of the

Canada Pension Plan.

20.02 (a) The employees shall pay one hundred percent (100%) of the employee’s

contribution to the Canada Pension Plan.

(b) The Employer further agrees to reimburse Noella Vachon and Marianne

Del Bosco in an amount equal to the employee Canada Pension Plan

contribution to a maximum of eight hundred and six ($806.00) dollars by

December 15 of each year.th

ARTICLE 21 - PREGNANCY/PARENTAL LEAVE:

21.01 Employees shall be entitled to pregnancy/parental leave according to the

Employment Standards Act of Ontario.

ARTICLE 22 - BEREAVEMENT:

22.01 The Employer shall grant to an employee requiring leave by reason of

death of his or her spouse or child, up to one (1) week with pay at his or her regular

rate.

22.02 The Employer shall grant to an employee requiring leave by reason of

death of his/her immediate family (mother, father, brother, sister, mother-in-law,

father-in-law, sister-in-law, brother-in-law, son-in-law and daughter-in-law,

grandparents and grandchildren) up to three (3) working days off without loss of pay

for the purpose of attending the funeral.

22.03 The Employer will not unreasonably withhold his permission to grant

additional time off without pay if such request is made in writing and providing the

employee shows sufficient reason for such request.

ARTICLE 23 - CHRISTMAS GIFT:

23.01 A Christmas gift of $100.00 will be paid to all full-time employees on or

before December 1st of each year.

ARTICLE 24 - GENERAL:

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24.01 BULLETIN BOARDS

The Employer agrees to provide space to allow the Union to post notices

for meetings or Union activities, provided that the Union shall submit the said notice

to the Employer for approval before they are posted.

24.02 REST PERIODS

All employees shall be granted two fifteen minute rest periods per day.

24.03 NOTICES TO BE MAILED

Any notices required to be sent to the Union hereinafter shall be

effectively given when mailed to:

Retail, Wholesale and Department Store Union

230 Regent Street South, Sudbury, Ontario P3C 4C5

Such notices required to be given to the Employer shall be effectively

given when mailed to:

Recording Secretary, Mine Mill and Smelter Workers/C.A.W. Union,

Local 598, 19 Regent Street South, Sudbury, Ontario, P3C 4B7

24.04 CLOSURE:

Should the Employer close any of it's operations, it shall pay to

permanent full-time employees directly affected, a compensation pay equal to one (1)

week's regular pay for each year of service, subject to the following:

(1) the employee has five (5) or more years of service on the day of closure;

(2) the employee is permanently laid-off and forfeits recall rights, on the day

of closure;

(3) the employee shall not be entitled to such compensation pay if:

(a) he accepts alternative work for the Employer,

(b) he exercises his rights and displaces a junior employee;

(c) he has been on lay-off for more than three (3) months prior to the

day of closure;

(d) the closure is by order of government (i.e. Ministry of Health, etc.)

24.05 BONUS PAYMENTS FOR EXTRA WORK PERFORMED

For doing errands on behalf of Mine Mill (kilometrage and parking) a flat

monthly rate of forty ($40.00) dollars will be paid in lieu of keeping track of kilometres

and receipts for parking.

ARTICLE 25 - JURY DUTY:

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25.01 An employee who is required to serve on a jury, or act as a Crown

Witness, shall be paid the difference between the amount paid for such service

(excluding expenses) and his regular hourly rate for the time lost from his regular

schedule work shift by reason of such service.

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ARTICLE 26 - TERMINATION AND RENEWAL:

26.01 This Agreement shall be in effect from the 1st day of April, 2009 until

the 31st day of March, 2012 unless otherwise stated, and thereafter shall continue

from year to year after that date unless either party gives notice, in writing, to the

other, of it's intention to terminate the Agreement or to enter into negotiations for the

purpose of amending this Agreement, within a period of six (6) months prior to the

expiry date or any subsequent anniversary of that date.

If notice of intention to amend is given, in writing, in accordance with the

above provisions, negotiations shall commence not later than twenty (20) days after

the date of such written notice and if such negotiations do not result in agreement

prior to the date of termination of this Agreement, then this agreement shall remain

in effect and shall not terminate until an amended agreement is executed, or until

conciliation proceedings under the Labour Relations Act of the Province of Ontario are

completed, whichever event first occurs.

The parties hereto have executed this Agreement this day

of , 2009.

SIGNED FOR THE EMPLOYER: SIGNED FOR THE UNION:

DWIGHT HARPER NOELLA VACHON

President Bargaining Committee Representative

RICHARD PAQUIN SHANNON FLEURY

Employer Committee Person Representative

Northern Joint Council

DERIK J. McARTHUR

President, Northern Joint Council

-and- Canadian Director, RWDSU/UFCW

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S C H E D U L E " A "

CLASSIFICATIONS AND WAGES

BOOKKEEPER $ 998.55

CLERK TYPIST I $ 949.55

A-1 Effective on April 1, 2009, a contract bonus of $500.00 shall be paid to each

full-time employee covered by this Collective Agreement.

Effective April 1 , 2010, a $500.00 contract bonus shall be paid to each full-st

time employee covered by this Collective Agreement.

Effective April 1 2011, a $500.00 contract bonus shall be paid to each full-st,

time employee covered by this Collective Agreement.

The Employer agrees that Ms. Kristina Savoie and Ms. Michelle Brooks shall

receive a minimum of $125.00 signing bonus for each year of the Collective

Agreement on the effective dates mentioned above or a pro-rated signing bonus

based on the percentage of her hours worked as compared to a full-time

employee.”

A-2 Effective June 1, 1995, Ms. Marianne Del Bosco's seniority shall be changed

to read: January 1, 1975. It has been agreed that her new date of seniority

shall reflect her previous service minus the nine (9) months she was away and

such new seniority shall apply to her regular vacation weeks however it was

expressly agreed that it will not apply to her special vacations nor shall it apply

to any retroactivity on any other benefit package contained in the collective

agreement.

A-3 Part-time employees shall be paid the following wages:

$16.50 per hour

The Employer agrees that when a part-time secretary works during a week in

which she replaces a full-time secretarial staff, she shall receive the hourly rate

of the full-time secretarial staff she is replacing.

A-4 As an incentive to promote assistance when the membership increases as the

Employer plans to increase its membership, the Employer agrees that it will

increase the full-time wage rate by one percent (1%) for every ten percent

(10%) increase in union dues paying members. The membership number shall

be established as the number of dues paying members in place effective April

1 , 2009.st

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S C H E D U L E " B "

SICKNESS AND ACCIDENT

1. Eligible employees who have been on the payroll of the Employer for two (2)

years or more and who become confined because of illness or injury shall

continue to receive their regular wages for lost time for a period of three (3)

weeks beginning the -

1st day in the case of Accident;

4th day in the case of Sickness;

1st day in the case of Sickness if Hospitalized.

Such payment shall be limited to one, three (3) week period in any one, twelve

(12) month period.

Should the illness or injury continue beyond the third week, an employee shall

henceforth receive weekly indemnity payments in accordance with the

following:

(a) the employee shall, beginning on the 1st day of the fourth week of

disability up to the end of the 17th week of disability, receive 66.7% of

his/her regular weekly wages up to a maximum of six hundred dollars

($600.00) per week;

(b) the Employer will provide a long term disability program which will

provide, from the 1st day of the 18th week of disability to age 65,

66.7% of the employee's basic monthly earnings to a maximum monthly

benefit of two thousand, five hundred dollars ($2,500.00) inclusive of all

other income. The Employer shall endeavor to acquire a long term

disability plan which shall not include offsets.

2. In the event that the Employer changes from the current insurance carriers to

others, the language provisions in the master policy shall not provide lesser

benefits than the ones currently in existence.

3. Employees with less than two (2) years of service will receive 2/3 of their

regular wages beginning the first day in the case of accident; 4th day in the

case of sickness; first day in the case of sickness if hospitalized; up to the end

of the 17th week of disability. Thereafter, if the disability continues, the

employee will be covered by Long Term Disability as provided under section I

(b) of this Schedule.

4. Employees on sickness and accident will not lose any seniority.

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APPENDIX "1" - PART-TIME EMPLOYEES

(a) A part-time employee shall be any person who works for the Employer on a

part-time, casual, temporary or spare basis and such person shall not work in

excess of 24 hours per week, except in emergency situations; when relieving

full-time employees absent due to vacations, sickness or accident, or leave of

absence; or in other circumstances as may from time to time be agreed to

between the Employer and the Union Committee.

If as a result of one of the above noted exceptions, a part-time employee works

in excess of twenty-four (24) hours per week for three (3) consecutive months

or more then said part-time employees shall be re-classified to the status of a

full-time employee on short hours with benefits.

(b) No part-time employee shall be employed except as outlined above but in no

case shall part-time workers be employed to such an extent as to displace any

of the full-time employees, or prevent the employing of full-time employees.

(c) Part-time employees shall enjoy seniority separate from the full-time employees,

and shall be indicated separately on the seniority list.

(d) A part-time employee shall be on probation for sixty (60) working days and

during such probationary period shall have no recourse to the grievance

procedure. A working day shall mean any callout or scheduled shift regardless

of the number of hours worked.

(e) After completion of the probationary period part-time employees shall have

union dues deducted for any week in which they work for the Employer, in an

amount prescribed by the Union, and the Employer shall remit them to the

Union as provided for in Article 4 of this agreement.

(f) A part-time employee who may be transferred to full-time staff shall be credited

with his or her part-time service on the basis of the number of thirty-five (35)

hour weeks accruing from his or her total hours worked as part-time employees.

(g) Part-time employees shall be given preference to any full-time employment that

may become available.

(h) Part-time employees shall be given as much notice of work requirements as is

possible.

(i) Part-time who refuse to work, or is not available for work, without a valid

reason shall be considered as discharged.

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(j) In addition to the above the following sections of the body of this agreement

shall apply to the part-time employees:

1. Scope 2. Recognition

3. No Discrimination 4. Union Security

5. Management Rights 6. No Cessation of Work

7. Representation 8. Adjustment of Grievances

9.01 Seniority 9.02 Application of Seniority

9.04 Seniority Lists 9.05(b) Lay Off Notice

9.06 Seniority in Recall 9.07 Break in Service

10. Transfer 11. Leave of Absence

12.02 Overtime 12.03 Distribution of Overtime

12.04 Call Out Pay 13. Wages

14.04 Vacation Schedules 14.05 Choice of Vacations

18. CCWIPP 21. Maternity Leave

22. Bereavement 24. General

25. Jury Duty 26. Termination and Renewal

Schedule "A"

(l) CHRISTMAS GIFT

Part-time employees shall receive a Christmas gift of $100.00.

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LETTER OF AGREEMENT # 1


LOCAL 598






RE: ARTICLE 4.03 (Office)

Regarding the application and interpretation of Article 4.03, it is agreed

that:

(a) Stapling and envelope work will be classified as casual work as per the

Bar & Janitorial and

(b) Any standard secretarial work will be classified as the job pays the rate.

It is further agreed that it is the intention of the Employer to call part-time

employees to perform this work and should there by any dispute as to the type of

work it is then such disputes may be handled through the grievance procedure.

DATED this day of , 2009.


DWIGHT HARPER SHANNON FLEURY

President Representative

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LOCAL 598






RE: TECHNOLOGICAL CHANGE

It is agreed that in the event the Employer introduces computerized

equipment into its operation, the Employer shall provide whatever training reasonably

necessary to its present employee(s) in order for said employee(s) to operate such

computerized equipment.





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LOCAL 598






This Letter of Agreement shall in all respects form part of the Collective

Agreement held between the parties.

Should Marianne Del Bosco and/or Noella Vachon decide to take an early

retirement, they shall be entitled to severance pay in the following amounts:

Marianne Del Bosco - $20,000.00

Noella Vachon - $20,000.00





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LOCAL 598






RE: COST OF LIVING ALLOWANCE (C.O.L.A.) (OFFICE)

This will confirm our agreement that for the purpose of calculating Cost

of Living Allowance the work week for all of the employees in the Office Unit shall

be calculated on all hours worked.





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LOCAL 598






RE: VACATION PAY - ARTICLE 14, REGULAR VACATION

BAR & JANITORIAL, and OFFICE AGREEMENTS

1. An employee who is absent from work in excess of fifty-two (52) weeks,

in one continuous period will be considered to be off the payroll for the

purpose of vacation pay.

2. When such employee returns to work, his vacation pay for the current

vacation year, will be pro-rated, based upon earnings from the date of his

return to work, to the date of his vacation for that year.

3. Following completion of fifty-two (52) weeks of continuous employment

(including any vacation taken) such employee shall thereafter be entitled

to vacation pay in accordance with Article 14.





- 24 -



LOCAL 598






RE: DRUG PLAN

This will confirm our agreement that should the Employer change from

the current thirty-five ($0.35) cent deductible drug plan, the Employer agrees to

reimburse the employees the difference between the present deductible and the new

deductible contained in the new drug plan.





- 25 -



LOCAL 598






1. LONDON LIFE

Drugs 35¢

Vision $250 every two years

*S & A

*LTD

Semi Private Room

Dental

(a) any employee who has not worked a total of 200 hours within a years

period of time, June 1st to May 31st shall be deemed to be no longer

covered by any benefits.

(b) any employee who works 201 to 500 hours, the Employer shall cover

25% of the present cost of the benefit package. 501 to 1,000 hours -

50% coverage. 1,001 to 1,248 hours - 75% coverage.

2. Vacation Pay shall be paid on a percentage basis in accordance with seniority

as provided under Article 14.01 of the body of the Agreement.

3. Severance Pay shall be paid only as replacement hours for full-time employees

absent from work.





* The 20 hours per week must be accumulated before S&A

and L.T.D. becomes effective.

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LOCAL 598






RE: GROUP BENEFITS

1. On S&A coverage the Employer shall only cover the LTD package (no

benefits) after one (1) year.

2. The Employer shall allow the employee to buy full benefit coverage

through any existing plans while on L.T.D.

3. OHIP - if required - any employee may arrange payroll deduction.





- 27 -



LOCAL 598






The Employer shall pay to the following retired and future retired employees or

their widower, $100.00 per year as a Christmas Bonus to be paid out by December

15 of each year:th

Kate Astgen Lillian Mason

Norma Bray Judy Stroud

Janet McLean

Jean Williams





- 28 -

LETTER OF UNDERSTANDING #10


LOCAL 598






RE: NOELLA VACHON

This agreement has been reached without prejudice:

(1) In lieu of full benefits, Ms. Noella Vachon shall receive a three hundred

dollar ($300.00) payment per month. Ms. Noella Vachon shall continue

to be covered for long-term, short-term disability insurance, and life

insurance as contained in the Collective Agreement.

(2) This agreement shall become effective the 1 day of April, 2009, andst

will remain in full force for the duration of this Collective Agreement.

(3) Monies paid out by the above agreement will not be included as regular

earnings for the purposes of any other entitlement in the Collective

Agreement.





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LOCAL 598






No full-time bargaining unit employee shall have their hours reduced to less than

thirty-five (35) hours per week as a result of technological change or committee(s)

performing work normally done by bargaining unit employees.





- 30 -



LOCAL 598






This Letter of Agreement shall in all respects form part of the Collective

Agreement held between the parties.

Current full-time employees who retire on or after the Friday before Christmas

shall be entitled to all outstanding earned vacation pay, vacation bonuses, special

vacations, and contract bonuses for the current year and the following year.





- 31 -

Documents

MINE, MILL AND SMELTER WORKERS'/ CAW UNION LOCAL 598 Services/891-0015-12.pdf598, of the Canadian Union of Mine Mill and Smelter Workers, save and except office superintendent and