19
., ) " -:! ; - AL£No .. CJ &- () () 6 z.; . CERT.ALE - CERT.DATE TOTAL EMPS 6Lf ---- . ---- L-EFF. DATE 9-- ····-··'- 3! -lktt;--.ooJ . - .. ,;:;;.;::_ CONTAOl DAn: t CODER --:-- L..IDENT - RECEIVED· UrtON vr EMPL0 1 iER 1 = 01}6 I . hj·. I . 1 . r 1 ·I. ,, 'I j .I '. I ' . I .J l! _!,' ' I. COLLECTIVE AGREEMENT between: OCT 2 7 ZOOS COLLECTIVE BARGAINING INFORMATION SERVICES .. ·.,.! . · .CANADIAN ENGINEERING & . . .' COMPANY LIMITED -and- .. '.,•·' THE NATIONAL AUTOMOBILE, · , AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS UNION OF . <:AN ADA- (CAW-CANADA) AND ITS LOCAL 195 September 1, 2004 to August 31, 2007

OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

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Page 1: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

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-AL£No .. ·~ CJ & - () () 6 z.; . CERT.ALE

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TOTAL EMPS 6Lf ----

. ----L-EFF. DATE 01-SeP-~ 9--

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COOt~ CONTAOl DAn: t CODER --:--

L..IDENT coo~~_ Dcr.I.~L_sXl -RECEIVED·

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COLLECTIVE AGREEMENT

between: OCT 2 7 ZOOS

COLLECTIVE BARGAINING INFORMATION SERVICES

.. ·.,.!

. · .CANADIAN ENGINEERING & . .

.' -~._TOOL COMPANY LIMITED

-and-

.. '.,•·'

. · THE NATIONAL AUTOMOBILE, · , AEROSPACE AND AGRICULTURAL

IMPLEMENT WORKERS UNION OF . <:AN ADA- (CAW-CANADA)

AND ITS LOCAL 195

September 1, 2004 to August 31, 2007

Page 2: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

i I

ARTICLE PAGE NUMBER

l. Recognition and Exclusions ........... .. ....... ..... ................. .. . . .................... ......... ... ........... l

2. Reservations to Management ....................................................................................... I

3. Representation .............................................................................................................. l

4. Forepersons' and Supervisors' List .............................................................................. 2

5. Grievance Procedure .................................................................................................... 2

6. Seniority ........................................................................................................................ 3

7. Loss of Seniority ........................................................................................................... 4

8. Layoff ............................................................................................................................ 4

9: Seniority Lists ............................................................................................................... 5

l 0. Transfer to Supervisory Position .................................................................................. 5 e 11. Hours of Work .............................................................................................................. 6

12. Holiday Pay .................................................................................................................. 6

13. Shift Premium ............................................................................................................... 8

14. Vacation with Pay ......................................................................................................... 8

15. Union Security .............................................................................................................. 9

16. Call-In ......................................................................................................................... I 0

17. Leave of Absence ....................................................................................................... 10

18. Supervisors ................................................................................................................. l 0

19. Overtime ..................................................................................................................... 10

20. Skilled Trades Wage Progression ............................................................................... 14 e 21. Strikes and Lockouts .................................................................................................. 14

22. Bulletin Boards ........................................................................................................... 14

23. Job Openings .............................................................................................................. 14

24. Bereavement ............................................................................................................... 15

25. Jury Duty .................................................................................................................... 15

26. Traffic Violation ......................................................................................................... ·15

27. Pay Distribution .......................................................................................................... 15

Page 3: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

28. Rest and Wash-up Period ........................................................................................... 15

29. Travel Allowance ........................................................................................................ 16

30. Discipline .................................................................................................................... 16

31. Retirement ............................................................................................................... 16

32. Meal Allowance .......................................................................................................... 16

33. Allowances ................................................................................................................. 17

34. Paid Education Leave ................................................................................................. 17

35. Safety Comminee ................ : ...................................................................................... 17

36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

46.

No Discrimination ...................................................................................................... 18

Substance Abuse ......................................................................................................... 19

New Member Orientation ........................................................................................... 19

Injury Allowance ........................................................................................................ 19

Duration ...................................................................................................................... 19

Cost•of-LivingAIIowance .......................................................................................... 19

Wages ................................................................................... , ...................................... 21

Social Security ...................................................................... ; ..................................... 23

Pension Plan ............................................................................................................... 24

Long Term Disability Plan ......................................................................................... 25

Wage Increases ........................................................................................................... 25

47. Individual RRSP's ...................................................................................................... 25

48. Retirees ....................................................................................................................... 25

Appendix "A" - Canadian Apprenticeship Standards ............................................................ 27

Lener of Understanding #I .................................................................................................... 31

Lener of Understanding #2 .................................................................................................... 31

Letter of Understanding #3 .................................................................................................... 31

Lener of Understanding #4 .................................................................................................... 32

Letter of Understanding #5 .................................................................................................... 32

Letter of Understanding #6 .................................................................................................... 32

Letter of Understanding #7 .................................. ; ....................................... , ......................... 33

ARTICLE 1 - RECOGNITION AND EXCLUSIONS

1.1 The Company recognizes the Union as the sole bargaining agent for all employees affected by this Agreement for the purpose of collective bargaining in respect to wages, hours and all other working conditions. The following classifications shall not be subject to the provisions of this Agreement - foreperson, persons above the rank of foreperson, office and engineering staff.

1.2 The Company wi II negotiate at all times necessary in the manner provided herein, with the chosen accredited representative ofthe Union, for the purpose of determining any disputes which may now exist or which may arise as to wages, hours, working conditions or any other questions affecting the employees.

ARTICLE 2- RESERVATIONS TO MANAGEMENT

2.1 The Union recognizes the right of the Company to manage and operate the business in accordance with its full responsibilities and commitments including the number and placement of the working force, the maintenance of discipline and the direction of the employees. However, exercising of this right shall not prevent any employee from lodging a grievance under the grievance procedure as hereinafter provided.

The Company also has the right to make and alter from time to time, Al reasonable rules and regulations to be observed by employees. Such rules and regulations W shall not be inconsistent with the provisions ofthis agreement.

ARTICLE 3 - REPRESENTATION

3.1 The Company shall recognize three (3) committee persons from the plant. Such committeeperson, one of whom shall be a chairperson, shall constitute the plant comminee.

The Union will be allowed to elect or appoint an alternate committeeperson to replace a regular commineeperson who is absent.

3.2 Each committeeperson shall have at least six (6) months seniority with the Company. The Union shall notify the Company in writing from time to time the names of the committeepersons, the effective dates of their appointment and the names of any ofthe former committeepersons who they are replacing or discontinuing and ofthe name of the Chairperson of the Committee.

3.3 Union committeepersons shall be allowed two (2) hours in any one day and not more than six (6) hours in any one week to discuss and present grievances and deal with other matters arising out of the administration of this collective agreement and shall be paid A for such time at regular rates. Committeepersons will notify their supervisor when they -leave their work stations.

If the Committeepersons have not used their allowable hours in any one week, and the Chairperson requires additional hours, the unused hours can be transferred to the Chairperson or in his absence to his appointed alternate.

The negotiating committee shall be allowed such time as is necessary while in conference with management and shall be paid for such time at regular rates. The provisions of this section apply only when the time taken is during the working hours of the Company. The plant comminee shall also constitute the negotiating comminee.

The Plant Chairperson shall be scheduled to work the day shift. The Company will provide the Committeepersons with a filing cabinet equipped with a lock to be kept in the Union office.

If the Plant Chairperson is on vacation for a period of one (1) week (or greater provided the vacation is in full week increments), at least one (I) of the other

- I -

Page 4: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

• ~embers of the Union Committee will be scheduled on days, provided at least one (I) oflhc ~ other two (2) members of the Committee is actively at work.

Note: The Company is prepared to provide the Union with a computer. - printer. etc. (with emaiQ on a trial basis. The time spent on the computer (not the content)

will be monitored occasionally by the Company, as it is for all employees.

3.4 The Company will pay the Plant Chairperson's wages (or the alternate in the absence of the Plant Chairperson) for days he/she is in attendance at an arbitration with the Company.

3.5 The Company agrees to grant the Plant Chairperson one (I) day off with pay to attend the Annual Chairpersons' Meeting at Local 195. The request for time off will be sent to the Company from Local 195 and signed by an officer of the Local.

3.6 The National and/or Local Union Representative may be present at any meeting with the Company dealing with the administration ofthis collective agreement.

3.7 The Company will supply to the Shop Committee the following information at the end of each month and send a copy to the Local Union office:

(I) Employees who acquired seniority during the month. (2) Employees who transferred into or out of the Bargaining Unit during

the month. (3) Employees on layoff during the month. (4) Employees whose employment has terminated for any reason during

the month. · (5) Employees on leave of absence during the month.

(6) Names of employees on Sickness and Accident Benefits or WSIB during the month.

(7) Names of employees on Bereavement Leave during the month.

ARTICLE 4 - FOREPERSONS' AND SUPERVISORS' LIST

4.1 The Company will prepare and supply to the Union a list offorepersons and supervisors every September I. This list will be posted.

ARTICLE S- GRIEVANCE PROCEDURE

5.1 Any employee having a grievance shall first submit the same to his committeeperson in writing. The committeeperson then shall submit the same to the foreperson, the foreperson shall give his decision in writing to the committeeperson within two (2) working days of the receipt of the grievance.

5.2 Ifthe decision of the foreperson is not satisfactory to the employee concerned, he/she may appeal therefrom by lodging an appeal in writing with the management of the Company through the Chairperson of the committee within two (2) working days of the delivery of the foreperson's decision.

5.3 The appeal shall be placed upon an agenda for consideration at the conference next following between management and the committee. A conference shall be arranged not more than once per calendar week for the consideration of appeals so appearing on the agenda for the conference, providing there is a conference.

5.4 Either the Regional Director of the C.A. W., or the National Representative thereof so designated from time to time by the Union for the purpose, and/or the Local Union President, may be present and take part in such conference.

-2-

5.5 The agenda shall be supplied by the chairperson of the committee to the management at least 24 hours before the conference at which the appeals thereon are listed for discussion.

5.6 Management's decision on appeals taken up at a conference shall be in writing, and if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference.

5. 7 · If management's decision is not satisfactory to the Union it may, by serving written notice of appeal to the Company through the chairman of the committee within two (2) working days of the delivery of the decision, appeal therefrom to an impartial Arbitrator to be selected by the Company and the Union, or if such parties fail to select an Arbitrator within five (5) working days of the receipt by the Company of the notice of appeal, then to an impartial Arbitrator selected by the Minister of Labour whose decision shall be final and binding on both parties.

5.8 In the event of a discharge of a seniority employee, the following special procedure shall be applicable. The grievance shall be filed in writing through the chairman ofthe committee to management within two (2) working days ofthe discharge. Management shall render its decision in writing within two (2) working days after the receipt of the A grievance. If the decision is not satisfactory to the Union, the grievance may then proceed W by the giving of notice of intention to arbitrate.

5.9 The term "working days", when used in this agreement for grievance procedure shall mean Monday to Friday inclusive.

5.10 If an employee's grievance is that he/she has been unjustly dealt with or unjustly discharged, the consideration of his/her grievance may include not only the merits of the case, but also what, if any, compensation shall be paid for time lost in the event his/ her reinstatement is agreed upon.

5.11 The grievance procedure in Article 5.1 to 5.10 inclusive, shall apply equally to a grievance lodged by a group of employees or a policy grievance.

5.12 The time limits in this article may be extended by mutual agreement of the Company and the Union in writing. Otherwise, the time limits in Article 5.7 to 5.11 are considered mandatory.

ARTICLE 6- SENIORITY

6.1 Employees shall be regarded as probationary employees for the first 90 days e (calendar days) of their employment, and shall not have seniority standing until the completion of a 90 day period in any single employment year. Seniority shall start from the first date of hiring and his name shall appear on the seniority list in order of his respective date of hiring.

6.2 A journeyperson is defined as one having served a four ( 4) year (8,000 . hours) successful apprenticeship or worked eight (8) years in any of the recognized and accepted skilled trades and has qualified. The Company shall recognize the following trades as apprenticeable and agrees to enter into a standard C.A.W. Apprenticeship Program which shal.l be made an inseparable part ofthis contract:

Electricians, wood and metal pattern makers, maintenance, welders, tool and diemakers, tool and die designers, machine repair, sheet metal, blacksmiths, and other apprenticeable trades.

• 3 -

Page 5: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

·6·.3 Employees may be transferred from one classification to another, provided they are qualified to do the work to the Company's reasonable requirements and do not

- infringe on the seniority rights of those employees who are regularly employed in the - classification to which such transfer is made.

During any period when joumeypersons are unavailable, it is agreed that non­journey person employees whose duties shall be to assist journey persons may be hired or reclassified on a temporary basis to supplement the work force in a skilled trades . classification, and shall be known as a supplemental employee for present employees and new supplemental employees for new hire. The opportunity to work as a supplemental employee shall be offered first to seniority employees, second to any laid off employee with seniority who has the present ability or an adaptable skill to do the work. If there are no laid off employees eligible, new employees may be hired on a temporary basis.

When ajourneyperson becomes available, either by hire, transfer, or graduation of an apprentice in a skilled classification to which a supplemental employee has been assigned, such joumeyperson will replace the supplemental employee who shall then be laid off or returned to his original department.

A supplemental employee shall not accumulate seniority within the skilled trades classification, but shall accumulate plant-wide seniority and may exercise such plant­wide seniority to return to his former job, or to apply for vacancies in the plantas provided elsewhere in the master agreement.

ARTICLE 7 - LOSS OF SENIORITY.

7.1 Seniority rights shall cease for any one of the following reasons: (a) If the employee quits or retires; (b) If the employee is discharged and such discharge be not reversed

through the grievance procedure; (c) I fan employee fails to report for work for three (3) consecutive

working days without notifying the Company, or providing a reasonable explanation for not notifying the Company;

(d) If the employee fails to report within three (3) working days when recalled by the Company, or fails to give a satisfactory explanation for not reporting after receiving notification by registered mail or telegram to his address on record with the Company, the telegram to be signed by the addressee and the three (3) day period to start upon receipt of said telegram. In the event an employee has secured other employment and is required to give notice to that employer, then the employee will be allowed five (5) working days when recalled by the Company;

(e) I fan employee has less than 12 months seniority and is laid off for a period of one (I) year, or if an employee with one ( 1) year to three (3) years seniority is laid off for a period of three (3) years, or if an employee within greater than three (3) years seniority is laid off for a period of time equal to his seniority;

(f) If an employee overstays his leave of absence more than five (5) days unless he/she establishes a valid reason.

ARTICLE 8- LAYOFF

8.1 The Company will give five (5) working days notice to seniority employees who are being laid off.

8.2 In the event of an increase or decrease in force in any skilled trades classification as designated in Article 6.2, the following procedure shall apply:

(a) First supplemental, second probationary employees will be laid off from their skilled trade classification.

-4-

(b)

(c)

If any further employees are to be reduced from any skilled trade classification, such employee will be laid off or transferred in order of their seniority from such skilled trade classification. Apprentices will become subject to layoff only in the event that there should be a ratio of less than five (5) journeypersons for each apprentice.

8.3 An employee shall be entitled to seniority over an employee having less seniority in the same skilled trade classification in the plant, and in the event of la~off of employees within the skilled trade classification, employees so affected shall be la1d off on a basis according to a seniority list of each skilled trade classification; application of this layoff provision shall be consistent with the employee retained at work being able and willing to perform the work respectively required of them. It is understood and agreed that, for the purposes of this article, no distinction will be made within each classification group with respect to employees' wage range.

Following for the purpose of layoff are the groups and classifications within each group which the Company and Union recognize:

Classification Group - Group Leaders and Tool and Diemakers. Classification Group - CNC Machine Operator. Classification Group- Machine Repair. Classification Group - General Help.

Layoffs- The Graduate Apprentice will exercise seniority in the skilled trade group that the apprenticeship was served in.

8.4 In the event of a reduction of the working force in the general group, the employees therein having the least amount of seniority shall be laid off provided the retained employees are able and willing to perform the work respectively required of them.

· 8.5 Employees transferred as a result of reduction in force will not infringe on the seniority rights of those employees who are regularly employed in the trades or group affected to which such transfer is made. When it is necessary to again increase the working force, employees who have been laid off shall then be recalled according to seniority. When the seniority list is exhausted, consideration will then be given to former employees whose seniority has been lost.

8.6 In the event of an employee suffering a major disability, exception may be made to the seniority provisions of this agreement in favour of such employee by mutual agreement of the parties.

8. 7 Commineepersons shall have top plant-wide seniority for the purpose of layoff and recall only.

ARTICLE 9 - SENIORITY LISTS

9.1 The Company will post a revised seniority list each three (3) months.

9.2 Persons hired on the same date will be listed on the seniority list alphabetically.

ARTICLE 10 -TRANSFER TO SUPERVISORY POSITION

I 0.1 An employee transferred to a supervisory position, or to any other position not covered by this agreement shall only retain their seniority as at the time he/she was transferred for a period of 90 calendar days.

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Page 6: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

. · If the Company transfers an employee back to a job subject to this Agreement ~ within 90 calendar days, seniority permitting, the employee shall have the seniority he/she

had as of the date of original transfer. · · ·

ARTICLE 11 -HOURS OF WORK

II J Day Shift -The work week for the day shift shall start at 7:30a.m. on Monday and end at 4:00 p.m. on Friday. There shall be a specified starting and quitting time- 7:30 a.m. to 4:00p.m. with half(~) hour lunch period starting at 12:00 p.m. and ending at 12:30 p.m. .

11.2 Day shift employees shall receive time and one-half for all hours worked over eight (8) hours in any one day, Monday to Friday inclusive, and for the first eight (8) hours worked on Saturday. Day shift employees shall receive double time for all hours worked in excess of eight (8) hours on Saturday and aU hours worked on Sunday.

11.3 Afternoon Shift- The work week for the afternoon shift shall start at 4:00 p.m. on Monday and end at 2:30a.m. on Friday. Work between 12:00 a.m. and 2:30a.m. on Friday morning shall be considered Thursday work for the purposes of this Agreement. There shall be a specified starting and quitting time-4:00p.m. to 2:30a.m. with half(Y:t) hour lunch period starting at 9:00 p.m. and ending at 9:30 p.m.

11.4 Afternoon shift employees shall receive time and one-half for all hours worked over 10 hours in any one shift, Monday to Thursday inclusive, and for the first eight (8) hours worked on Saturday. Afternoon shift employees shall receive double time for all hours worked in excess of eight (8) hours on Friday and Saturday and all hours worked on Sunday.

11.5 A 20 minute paid rest period will be granted to employees when there are three (3) or more hours of overtime scheduled. If the scheduled overtime is not worked by an employee he/she will not be entitled to receive the paid 20 minute rest period.

11.6 Employees scheduled to work more than five (5) hours of overtime will be allowed a I 0 minute paid break and further I 0 minute paid breaks at two (2) hour intervals thereafter. .

11.7 Each employee shall be granted a two (2) minute late allowance at the commencement of their shift only. Employees are required to be in their work area at the commencement of their shift, available for work or available to receive instructions.

11.8 Employees who do not leave the plant building during the lunch period will not be required to punch in· or out during lunch period. Employees who do leave the plant building during lunch will be required to punch out and in during lunch period.

ARTICLE 12- HOLIDAY PAY

12.1 For the purpose of this Agreement, the following days are paid holidays:

September l, 2004 - August 3 I. 2005

September 6 October II December24 December27 December28

September l, 2005 - August 31. 2006

September 5 October 10 December23 December26 December27

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September 1, 2006 - August 31. 2007

September4 October 9 December25 December26 December27

December29 December28 December28 December30 December29 December29 December31 December30 January I

March 25 Aprill4 April6 March 28 April 17 April9 May23 May22 May21 July 1 July I July I August 8 August 7 August 6 Floater Floater Floater Floater Floater Floater Floater Floater Floater Floater Floater Floater

·Floater

12.2 The following conditions apply to employees receiving a floating holiday: (a) Employees are not eligible to receive a floater holiday until they have

completed 180 days employment with the Company. (b) An employee must request a floating holiday one (I) week in advance.

Should an emergency arise, the Company will consider a request on shorter notice. A

(c) Up to six (6) employees will be granted the same day, provided that no W more than two (2) of these six (6) persons are working on the afternoon shift. For periods in which the number of active employees in the bargaining unit exceeds 80, up to seven (7) employees will be granted the same day, provided that no more than three (3) of these seven (7) persons are working on the atlernoon shift.

An employee shall be paid at his straight time rate for eight (8) hours for the agreed upon holidays.

12.3 An employee, to be eligible for holiday pay must meet all the following eligibility requirements as listed below:

(a) However, to be eligible for holiday pay on a statutory holiday, a probationary employee must only qualify pursuant to the provisions of the Employment Standards Act.

(b) The employee would otherwise have been scheduled to work on such day if it had not been observed as a holiday.

(c) The employee must have worked (or been on jury duty) the major portion of the last scheduled working day prior to and the major portion of the next scheduled working day after such holiday within the scheduled work week, shall be deemed to have met the A requirements of this paragraph. It is further agreed that an employee W having been absent through sickness or accident (commencing within 60 days preceding the hoi iday) or layoff (commencing within 30 days preceding the holiday), shal.l receive the difference between the sickness and accident pay he/she is receiving and the holiday pay he/ she would have been entitled to.

. 12.4 Employees who are requested to work, agree to work and in fact work on a holiday specified in Article 12.1 shall be paid two (2) times their regular hourly rate for hours worked, plus holiday pay.

12.5 Notwithstanding the foregoing, new hires will only be entitled to one Christmas and/or New Year's season holiday (December 24 to January 2 inclusive) for each full month worked prior to the date of the holiday. For the purpose of this Article, an

. 7.

Page 7: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

AI, ,·

employee hired on or before the 15th of a month will be deemed to have worked the full • month. An employee hired after the 15th of a month will be given no credit for that month.

• 12.6 Afternoon shift employees shall be paid their straight time hourly rate for 10 hours for the agreed upon holidays, if the holiday is observed Monday through Thursday, inclusive.

Afternoon shift employees shall be paid their straight time hourly rate for ten (I 0) hours for the agreed upon holidays if the holiday is observed on a Friday.

Employees on the afternoon shift may elect to take a Friday holiday on Thursday, at their discretion. However, the Company has the ultimate authority to determine that all afternoon employees will observe a Friday holiday on the Thursday afternoon shift.

ARTICLE 13- SHIFf PREMIUM

13 .I The shift premium shall be 80 cents.

ARTICLE 14- VACATION WITH PAY

14.1 Each employee who, on the 30th day of June is on the actual payroll of the Company shall be entitled to a vacation with pay or pay in accordance with the following schedule:

(a) Employee~ with less than one (I) year's seniority on the qualifying date shall receive 4% of their gross earnings.

(b)

(c)

(d)

(e)

(t)

(g)

(h)

(i)

One year's seniority, but less than three (3) years' seniority, two (2) weeks vacation with 100 hours pay, or 4% of his gross earnings, whichever is greater. Three (3) years' seniority, but less than five (5) years' seniority, two and one-half weeks vacation with 120 hours pay, or 5% of his gross earnings, whichever is greater. Five (5) years' seniority, but less than 10 years' seniority, three (3) weeks vacation with 140 hours pay or 6% of his gross earnings, whichever is greater. 10 years' seniority, but less than 15 years' seniority, four (4) weeks vacation with 170 hours pay or 8% ofhis gross earnings, whichever is greater. 15 years' seniority, but less than 20 years' seniority, four and one-half (4 112) weeks vacation with 190 hours pay, or 9% of his gross earnings, whichever is greater. 20 years' seniority but less than 25 years' seniority, five (5) weeks vacation with 210 hours pay or 10% of his gross earnings, whichever is greater. 25 years' seniority but less than 30 years' seniority, five and one-half (5 1/2) weeks vacation with 230 hours pay or II% of his gross earnings, whichever is greater. 30 or more years' seniority, six (6) weeks. vacation with 250 hours pay or 12% of gross earnings, whichever is greater.

14.2 The Company agrees to post the vacation schedule by February 1, of each year. Employees will be required to indicate by March I the vacation period they wish. The Company will advise employees by March 15 if the dates requested by employees are acceptable.

14.3 An employee whose employment is terminated before the qualifying date shall receive vacation pay on a pro-rated basis on the above vacation schedule.

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14.4 It shall be mandatory for an employee to take two (2) weeks' vacation herein provided within a 12 month period at a time or times agreed to by the Company unless such employee has been absent for a period in excess of 45 days in the 12 month vacation period.

14.5 Vacation pay will be issued at the time at which vacation is taken, however, if the vacation is taken prior to June 30, vacation pay will be an estimated amount. Any balance remaining will be paid as soon as possible after June 30. In any event all employees will be paid their vacation pay no later than the second pay period after June 30th of each year.

14.6 In the event an employee has worked less than 1,000 hours in the vacation year ending on June 30th, he/she shall only be entitled to receive the applicable percentage of vacation pay and will not be eligible to receive any requisite hours of pay, if that amount il! greater.

14.7 Shift premiums paid to afternoon shift employees will not be included as part of an employee's hourly rate in the calculation of vacation pay as prescribed in Section 14 of the collective agreement.

14.8 If a paid holiday for which an employee qualifies for holiday pay occurs during a week an employee is on afternoon shift and vacation, the employee will receive ten A (10) hours pay for the holiday. W'

ARTICLE 15- UNION SECURITY

15.1 Each employee shall become a member of the Union within four (4) weeks of his/her hiring and will be required to continue to be a member of the Union as a condition of employment.

15.2 The Company shall deduct from the pay of each employee who is a member ofthe Union or a probationary employee, monthly dues, including skilled trades dues, initiation fees, other assessments and dues authorized by the constitution and by-laws ofthe Union.

15.3 (a)

(b)

All sums deducted as above, together with a record of those employees from whose pay deductions have been made, and the amounts of such deductions shall be remitted by the Company to the financial secretary of the appropriate local by the lOth of the month following the end of the month in which the deductions were made. The remittance shall be by cheque. (i) Union dues will be deducted from regular pay and vacation pay. (ii) The monthly Union dues list submitted to the financial secretary will

also show the name of each employee from whose pay deductions for Union dues or assessments have not been made and the reasons no deductions have been made.

15.4 The recording in the books of the Company of the amount so deducted shall constitute such amounts as monies held by the Company in trust for the appropriate local.

15.5 Any employee shall have the right to become a member of the Union by paying the entrance fee and complying with the constitution and by-laws ofthe Union.

15.6 Any dispute as to an alleged breach of the provisions ofthis article or as to the interpretation of any of the terms or conditions thereof shall be dealt with under Article 5.1 to 5.12- Policy Grievance.

At the time T-4 Income Tax slips are issued, the Company shall record on each employee's T-4 slip, the total amount of dues deducted.

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·· !'5.7 ·The Union agrees to save the Company harmless from any action growing out • of these deductions and commenced by an employee against the Company, and assume full

responsibility for the disposition of the funds so deducted once they have been turned over .. to the financial secretary of the local Union.

15.8 The Company will forward to the Union the names and addresses, including postal codes, of all employees covered by the Collective Agreement and will forward any changes of address upon receiving notice of a change from an employee.

ARTICLE 16 - CALL-IN

16.1 Any employee called to work or permitted to go to work without having been properly notified that there will be no work shall receive a minimum of four (4) hours work or pay at the applicable hourly rate except in case of labour disputes or other conditions beyond the control of management.

ARTICLE 17- LEAVE OF ABSENCE

17.1 Upon application and two (2) weeks' notice, except in cases of emergency, leave of absence shall be granted to employees without loss of seniority at the discretion of the Company. Leave of absence must be signed by the Company and Shop Committee. Leave of absence in no case may be given to any employee for the purpose of working at the trade in another plant.

If the leave of absence exceeds 30 days, employees will continue to be carried on all benefits by the Company, however, employees will be required to re-imburse the Company for the cost of all benefits during that period in excess of 30 days.

Permission for a leave of absence will not be unreasonably withheld.

17.2 Any employee being selected as permanent office, or as a delegate to any labour activity necessitating a temporary leave of absence, shall be granted such leave of absence and shall be, at the end of the terms in the first instance or at the end of the motion in the second instance be guaranteed re-employment with seniority accumulative through such leave of absence, ifthere is sufficient work for which he/she is in line at the then current rate of pay.

ARTICLE 18 - SUPERVISORS

18.1 Supervisors or forepersons shall not perform any work which is normally performed by those under their supervision, except in cases of emergency or for the purposes of instructing employees.

ARTICLE 19 • OVERTIME

19.1 Employees shall not be required to work more than eight (8) hours in any one day, or more than 40 hours in any one week. As far as practical, job assignments during periods of overtime work shall be arranged so that overtime may be equalized among employees in their respective categories as listed below. Offered overtime hours will be converted to the regular hours equivalent (ie. four ( 4) hours at time and one-half equals six (6) offered hours; and four (4) hours at double time equals eight offered hours), for the purpose of overtime equalization.

19.2 Whenever more than five (5) employees are scheduled to work overtime there will be a ratio of one (I) committeeperson working to each five (5) employees to a maximum of three (3), provided the committeeperson(s) are able to perform the required work.

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19.3 If a committeeperson would not normally be eligible for overtime, but becomes eligible by the application of this section, an alternate employee who would be eligible for overtime will be appointed as a committeeperson to work that scheduled overtime.

OVERTIME DISTRIBUTION AND EOUALIZATION

19.4 The Company and the Union confirm the following categories for the purpose of overtime distribution and equalization only:

a) b) c) d) e) f)

Tool & Die Maker Tool & Die Maker I CNC CNC Machine Operator Machine Repair I Welder Machine Repair General Help

Overtime work will be offered to employees by the categories listed above. Employees who are qualified to perform the duties of more than one (I) category will only be offered overtime in another category when they are within 50 overtime hours of the highest employee in the category, or with the consent of the Union Committee.

19.5 The Company will maintain a record of overtime hours and will prepare a weekly report that indicates the total hours offered to each employee, by category.

19.6 The overtime report will be reviewed weekly by the Foreperson and Union Chairperson, and a list will be developed establishing the order in which employees will be requested to work overtime. The list will continue to be reviewed each week by the Foreperson and Union Chairperson, or designate. In the event the Chairperson, or designate and the Foreperson agree that the weekly allocation of overtime is appropriate, they will sign off on the weekly overtime sheet for the sole purpose of confirming that they have reviewed the report. This report will be posted weekly.

Employees will have I 0 calendar days from the date of the posting of an overtime report (or within 10 calendar days from an employee's return from an absence in excess oftwo (2) weeks, but less than six (6) weeks) to advise the Company of any challenges to the report. After that time, the report will be deemed accurate for all purposes outlined in this Article.

19.7 Overtime offered for all known hours Sunday to Monday of the following week will be posted no later than 3:45 p.m. on each Thursday. Any known additions or deletions to the weekend overtime for the current week will be posted no later than 3:45 p.m. on Thursday. If a rush job is received, or the status of a job changes, additional employees may be requested to work based on the overtime hours report. In the event unscheduled overtime is required after 3:45 p.m. Thursday, employees will be canvassed for available overtime by low overtime hours in the category, as prescribed in paragraph 19.8 below.

19.8 An employee who declines, or is unavailable to work overtime will only be charged with overtime hours equivalent to the number of hours pay they would have received (i.e. an employee refusing eight (8) hours overtime on Saturday will be charged with 12 hours overtime.) An employee who has been canvassed to work overtime and agrees to work overtime by signing the overtime form will be deemed as scheduled for the weekend overtime and will be charged in accordance with Article 19.9,below if they do not report for some or all of the scheduled weekend overtime.

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Page 9: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

The parties recognize that sometimes on weekends, employees are not wi.lling • or able to work the full period of overtime being offered I scheduled. In the event an

employee indicates that they can work a specified period shorter than the hours offered, the ·company may accept or decline the employee's offer of working partial overtime hours. In the event the Company is unable to allow an employee to work the partial hours, the employee will be charged as if he had declined the entire overtime opportunity. In the event the Company allows an employee to work the partial hours, the employee will be charged as if he had worked the entire overtime opportunity.

19.9 Once an employee has been scheduled to work overtime in accordance with the foregoing, they are expected to work the hours scheduled. Employees will be charged with the equivalent straight time hours equal to two (2) times the overtime pay they would have received if they do not work some or all of the overtime they have been scheduled, for any reason.

For example:

(l)

(2)

(3)

(4)

An employee scheduled to work eight (8) hours on Saturday leaves work after four ( 4) hours will be charged with 18 hours of overtime (six (6) for the four (4) hours worked, plus 12 being two (2) times the other six (6) hours pay he would have received.)

An employee scheduled to work eight (8) hours on Saturday who does not report will be charged with 24 hours overtime (two (2) times the 12 hours pay he would have received.)

An employee scheduled to work eight (8) hours overtime on Sunday who does not report will be charged with 32 hours overtime (two (2) times the 16 hours pay he would have received.)

An employee offered eight (8) hours overtime on Saturday and indicates that he can only work six (6) hours, is advised by the Company that this is acceptable. The employee reports for overtime, but only works four (4) of the six (6) hours he was offered. The employee would be charged overtime as follows:

Four (4) hours worked= six (6) hours overtime charged. Two (2) hours declined three (3) hours overtime charged. Two (2) hours (leaving early or reporting late)= six (6) hours overtime charged (2 hours X 1.5 X 2)

Total = 15 hours charged.

The penalty hours will be charged to an employee who fails to report for overtime work in accordance with this paragraph. However, the actual penalty hours will not be added to an employee's overtime hours for the purpose of having that employee become the high employee in the category and give rise to other employees claiming they are deficient more than 50 hours as prescribed in Article 19.17 below.

19.10 Critical Jobs

Notwithstanding anything in this Article, the Company and the Union agree that in certain situations, employees may be considered "critical" to perform certain critical work. The Company and the Union Committee can mutually agree that certain work is . critical and so record same. In this event, the employee working the additional hours will be

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charged with the overtime worked for the purpose of the weekly overtime report, and overtime distribution. However, hours worked on critical work will not be used in the calculation of an employee's overtime hours for the purpose of Article 19.17 below.

19.11 Out ofTown Overnight Overtime Work

19.12

Employees working on jobs out of town and requiring an overnight stay will be charged with overtime hours as follows:

Employees working on jobs out of town overnight will only be charged with overtime hours worked to the maximum number of hours that were determined to be available in the plant based on the weekly review of the overtime list by a member of the Plant Committee and Supervision.

Out of Plant Overtime Work

Employees working on jobs out-of-plant but not requiring an overnight stay will be charged with the overtime hours they are actually offered.

19.13 Unavailability to Work Overtime

Employees absent from work for any reason on the date the overtime is offered will be charged with the overtime hours missed in accordance with Article. 19.8 above. Without limiting the generality of the foregoing, "any reason" includes, but is not limited to: layoff, leave of absence of any kind, illness, WSIB, S & A, Long Term Disability, bereavement, and/or suspension.

19.14 New Employees

. Upon attaining seniority, a new employee will be credited with the highest · overtime hours of employees in the same category.

19.15 Transferred Employees

Employees who transfer to a different category listed in paragraph 1 above will be credited with their current overtime hours, or the highest hours of any employee in the category, whichever is greater, for the purpose of overtime distribution after that date. However, for the purposes of Article 19.17 below, the employee shall only be credited with the highest hours of any employee in the new category.

19.16 Special Shifting

Employees who voluntarily request shift work outside the current shift rotation of their category (ie. permanent afternoons) will be charged for overtime equal to the hours they would have been offered had they been working the normal shift rotation of the category.

I 9.17 Overtime Imbalance

Effective on December 31" of each year the overtime hours of all employees will be reduced to zero. However, on December 31", if there is an imbalance of overtime hours between the employee in the category having the most overtime hours, and one (I) or more employees in the category in excess of 40 hours, the Company will pay such employee(s) at their regular straight time hourly rate an amount equal to the number of hours in excess of 40.

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Page 10: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

· For example:

Employee A- 250 hours Employee B - 240 hours . Employee C - 230 hours Employee D - 210 hours Employee E • 205 hours Employee F ~ 190 hours

Employee E would receive five (5) hours pay and Employee F would receive 20 hours ·straight time hours of pay at their regular rate of pay.

ARTICLE 20 - SKILLED TRADES WAGE PROGRESSION

20.1 With respect to joumeypersons moving from "C" to "B", and "B" to "A", the following procedure will apply:

JOURNEY PERSON "C" TO "B"

(I) Journeypersons will progress from "C" to "B" after 24 months of active employment with the Company as a "C".

JOURNEY PERSON "B" TO "A"

(ii) Joumeypersons will progress from "B" to "A" after 36 months of active employment with the Company as a "B".

The time limits specified in this Article are the maximum. Nothing in this Article shall prevent the Company from moving a Journeyperson to a higher rate of pay within a rate, or promoting a Joumeyperson from "C" to "B" or "B" to "A" sooner than specified, ifthe skills and/or performance of the Joumeyperson warrant same.

ARTICLE 21 - STRIKES AND LOCKOUTS

21.1 The Union will not cause or permit its members to cause, nor will any member of the Union take part in any sit-down, stay-in, or slow-down in any plant of the Company, or any curtailment of such work or restriction of or interference with production of the Company. The Union will not cause or permit its members to cause, nor will any member of the Union take part in any strike or stoppage of the plants or premises of the Company. The Company will not cause or sanction a lock-out of employees. Strikes or lockouts shall be defined in accordance with the provisions of the Labour Relations Act.

ARTICLE 22- BULLETIN BOARDS

22.1 The committee may have the use of one (I) bulletin board in the plant for posting of Union notices, regarding recreational, social activities, meetings or elections, but will not include any material pertaining to any political matters that is contrary to Company policy. All the material to be posted on the bulletin board is to be initialled by supervision.

ARTICLE 23 -JOB OPENINGS

23.1 I fan opening occurs in a classification, the employee in the plant having the greatest amount of seniority who is able and willing to perform the work required of him/her to fill such opening, shall, in the filling of such opening be entitled to preference over any other employee in the plant having less seniority. Vacancies will be posted in the plant for a

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period of seven (7) calendar days. Postings for the position of Leader are not subject to the provisions of this Article.

ARTICLE 24 ·BEREAVEMENT

24.1 The Company will pay for time lost, exclusive of Saturday, Sunday, and paid holidays, for a maximum of five (5) days (one of which shall be the day of the funeral), at his regular rate of pay to a seniority employee who has been absent from work due to the death of a spouse, common-law spouse or same-sex spouse, or child. The Company will pay for time lost, exclusive of Saturday, Sunday and paid holidays, for a maximum ofthree (3) days to and including two (2) days after the funeral, at his regular rate of pay to a seniority employee who has been absent from work due to a death in the immediate family of a mother, father, sister, brother, step-brother, step-sister, mother-in-law, father-in-law, step­mother, or step-father. Subject to all the conditions contained in the previous paragraph, the Company will pay for time lost, a maximum of one (I) days' pay to a seniority employee who has been absent from work due to a death in the immediate family of a sister-in-law, brother-in-law, grandparent or grandparent of a spouse. It is specifically understood that the relationships specified in this Article are limited to current relationships.

24.2 I fan employee suffers a bereavement during his period of scheduled vacation, he/she shall be allowed the applicable bereavement leave with pay as an extension of his A scheduled vacation. W

ARTICLE 25 -JURY DUTY

25.1 The Company will make up the difference between the amount of money per day a seniority employee receives while serving as a member of a jury or during the selection process to an amount equal to the normal eight (8) hours pay which he/she would have been eligible to receive for working that day. An employee will not be required to work on those days when there is an afternoon roll call for jury duty.

25.2 The Company will make up the difference between the amount of money a seniority employee receives while attending a trial as a subpoenaed witness, other than as the plaintiff, to an amount equal to the normal eight (8) hours pay which he/she would have been eligible to receive for working that day, up to a maximum of three (3) days.

ARTICLE 26- TRAFFIC VIOLATION

26.1 The Company will grant an unpaid leave of absence for up to 120 calendar days to any employee convicted of an offence arising out of the operation of a motor vehicle under the provisions of the Criminal Code of Canada or the Ontario Highway Traffic Act, if . .A the employee is sentenced to a term of imprisonment. 'W

The Company will grant unpaid leave of absence for up to 30 calendar days to any employee convicted of a summary conviction offence under the provisions of the Criminal Code of Canada, if the employee is sentenced to a term of imprisonment.

ARTICLE 27 - PAY DISTRIBUTION

. 27.1 The Company will pay employees each week by direct deposit. Employee pay stubs will be distributed on Thursday prior to 4:00 p.m.

ARTICLE 28 - REST AND WASH-UP PERIOD

28.1 There shall be a 10 minute rest period each half shift, and a five (5) minute wash-up period immediately prior to the lunch hour, and a five (5) minute wash-up period immediately prior to the end ofthe shift.

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Page 11: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

• ARTICLE 29-TRAVEL ALLOWANCE

29.1 Mileage payment when travelling on Company work shall be 42.lc/ per ' kilometre. The Company shall meet with the Shop Committee annually to review the

mileage rate as prescribed in this Section.

29.2 . When an employee leaves home and goes directly to an outside job, his day will start from the time he/she leaves home and will be paid time and one-half for all hours over eight (8) hours a day. If an employee leaves from the shop to go directly to an outside job, his time shall be calculated from the time he/she clocks in at the shop.

ARTICLE 30 - DISCIPLINE

30.1 A Committeeperson will be present during all warnings regarding disciplinary actions. When an employee is called to an interview by a member of supervision, and the subject of the interview is discipline, the employee will be so informed before the interview and will be advised to have his/her Committeeperson present, and the interview will not proceed until the Committeeperson is present.

30.2 A record of discipline shall remain on an employee's record for a period of twenty-four (24) months from the date of the infraction. At the end of this period, the disciplinary infraction will be removed from the employee's file and will not be. used against the employee in any manner.

ARTICLE 31- RETIREMENT

31.1 Effective September I, 1996, it shall be mandatory for an employee to retire upon attaining the age of 65.

ARTICLE 32 - MEAL ALLOWANCE

32.1 The Company will pay a $11.00 meal allowance for unscheduled overtime over two (2) hours. Effective September I, 2005, this allowance will be increased to $11.25. Effective September I, 2006, this allowance will be increased to $11.50.

32.2 Employees who travel for the Company will be provided a meal allowance as follows:

OUT OF TOWN OVERNIGHT TRAVEL DAY OF DEPARTURE- AMOUNT PAID:

Departure before Morning Break: Breakfast $10.00 Lunch $16.00 Dinner $36.00

Departure after Morning Break and before Lunch: Lunch $16.00 Dinner $36.00

Departure after Lunch: Dinner $36.00

DAY OF RETURN -AMOUNT PAID: Breakfast $10.00 Lunch . $16.00

•• Dinner $36.00

.. DINNER- OVERTIME EXCEEDS 3 & V: HOURS: The dinner allowance will be paid if on the return trip day overtime exceeds 3 & 1h hours. _ 16 _

~

J

OVERTIME DOES NOT EXCEED 3 112 HOURS BUT GREATER THAN 2 HOURS:

Overtime meal allowance will be paid if overtime on return trip day exceeds two hours, however, employee will not qualify for Dinner Allowance.

OUT OF PLANT TRAVEL- NO OVERNIGHT STAY (TRAVEL RADIUS GREATER THAN 30 KM. IN CANADA)

Departure before Morning Break: Breakfast $10.00 Lunch $16.00

Departure after Morning Break and before Lunch: Lunch $16.00

Dinner will be paid according to conditions established for out of town overnight travel.

OUT OF PLANT TRAVEL- NO OVERNIGHT STAY: (TRAVEL RADIUS LESS THAN 30 KM. IN CANADA)

Provided an employee is out of the plant for a period in excess of 4 & V: hours, an employee will be paid an allowance of$11.00. Effective the 2nd year, this allowance will be increased to $11.25. Effective the 3n1 year, this allowance will be increased to $11.50.

EXCLUSIONS TO ARTICLE 32.2: -Truck Drivers

ARTICLE 33 -ALLOWANCES

33.1 The Company will pay employees $240.00 per contract year towards the purchase of CSA approved workboots, coats and tools related to the trade. This amount will be paid to seniority employees on the first pay day in October of each year. If employees purchase equipment from vendors at the plant, the Company will permit employees to pay

· for these purchases by payroll deduction.

ARTICLE 34 -PAID EDUCATION LEAVE

34.1 The Company agrees to pay into a special fund $7.00 per employee per quarter for the purpose of providing paid education leave. Said paid education leave will be for the purpose of up-grading the employee's skills in all aspects of Trade Union functions. Such monies will be paid on a quarterly basis into a trust fund established by the National Union, C.A. W., and sent by the Company to its Headquarters, at 205 Placer Court, Willowdale, Ontario, M2H 3H9.

The Company further agrees that members of the bargaining unit, selected by e the Union to attend such couf'Ses, will be granted a leave of absence without pay for 20 days . of class time, plus travel time where necessary, said leave of absence to be intermittent over a 12 month period from the first day of leave. For this section, employees on this leave of absence will continue to accrue seniority and benefits during such leave.

ARTICLE 35- SAFETY COMMITTEE

35.1 The Company agrees to establish a Plant Safety Committee (three (3) Union nominees, three (3) Company nominees), such committee to meet in accordance with the Occupational Health and Safetv Act and report, in writing, to the Union and the Company. Each year the Company will pay $50.00 to each employee to a maximum of three (3) employees upon their successful completion of the St. John's Ambulance training course for industry. Each year the Company will pay $50.00 to each employee to a maximum of three (3) employees upon their successful completion of the CPR (Cardiac Pulmonary Resuscitation) course offered by St. Clair College. The Company will pay for such increases

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Page 12: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

in costs for the above courses that may occur from time to time. Any disputes arising from this action will be settled by the plant safety committee. The Company and the Union will continue the current practice oftraining 2 employees per shift for First Aid.

35.2 Local and/or National Union Health and Safety Representatives will be allowed access to the workplace upon reasonable written request. The Employer will provide all seniority employees with at least eight (8) hours paid health and safety training per calendar year.

ARTICLE 36- NO DISCRIMINATION

36.1 Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, e~hnic origin, citizenship, creed, sex, age, record of offences, marital status, family status, handicap, political affiliation or sexual orientation.

36.2 HARASSMENT IN THE WORKPLACE The Union and the Company recognize the problem of sexual and racial

harassment in the workplace and are committed to ending it. Harassment is not a joke. It is cruel and destructive behaviour against others

that can have devastating effects. It is an expression of perceived power and superiority by the harasser(s) over

another person, usually for reasons over which the victim has little or no control: sex, race, age, creed, colour, marital status, sexual preference, disability, political or religious affiliation, or place of national origin.

Harassment on any of these grounds can be made the basis of a complaint to most provincial and federal human rights commissions.

Harassment can be defined as any unwelcome action by any person, in particular by management or a co-worker, whether verbal or physical, on a single or repeated basis, which humiliates, insults or degrades.

"Unwelcome" or "unwanted" in this context mean any actions which the harasser knows or ought to know are not desired by the victim of the harassment.

Sexual harassment is any unwanted attention of sexual nature such as remarks about appearance or personal life, offensive written or visual actions like graffiti or degrading pictures, physical contact of any kind, or sexual demands.

Racial harassment is any action, whether verbal or physical that expresses or promotes racial hatred in the workplace such as racial slurs, written or visually offensive actions, jokes or other unwanted comments or acts.

The experience of harassment can be overwhelming for the victim. People often react with shock, humiliation and intense anger. Therefore, the victim of harassment may not always feel comfortable going through the normal channels for resolving such a problem.

Because of the sensitive, personal natures of harassment complaints, especially racial and sexual harassment, the victim may prefer initially to seek other assistance. This could be any local Union elected person or official, including members of the women's committee, human rights committee and affirmative action committee. This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership.

The local Union president and the unit chairperson must contact the CAW national representative, and if necessary, they will meet with a senior Company representative(s) to carry out an investigation. The issue must be handled with confidentiality, and is to be resolved within I 0 working days of notifying the unit chairperson and local Union president.

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated.

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ARTICLE 37- SUBSTANCE ABUSE

37 .I During the 1986 negotiations the Union and the Company representatives discussed. substance abuse as it affects our employees that are represented by the C.A. W.

. In addition to the serious consequences to the individu!ll, both parties · recogn1ze that substance abuse contributes to absenteeism and turnover and other disruptions of the work force, and it can adversely affect safety, job performance, and employee morale. The company will pay Sickness and Accident benefits for employees who are undergoing a prescribed rehabilitation process in accordance with the Sickness and Accident Plan. · ·

. The Company shall make arrangements to provide coverage for the payment of any daily charge levied (not to exceed a total of$1,500.00) for an employee who is under treatment for substance abuse in a residential substance abuse treatment facility. This provision shall only be available to an employee once.

ARTICLE 38- NEW MEMBER ORIENTATION

38.1 A member of the Shop Committee will be given up to I 5 minutes to meet with and discuss a new member's responsibility and rights under the Collective Agreement ~d the Constitution of the Union when they commence employment.

ARTICLE 39 - INJURY ALLOWANCE

39.1 An employee injured on the job shall be paid his regular rate of pay for the balance of his shift in which the injury occurred provided that the employee is required to return home or receive hospital treatment on the advice of an attending physician and provided the time is not covered by W.S.l.B. The Company agrees that the employee has the right to see an attending physician in case of injury on the job but will not return home as a result of the injury unless so advised by the attending physician and written proof of the same is provided to the Company.

39.2 The Company will make available transportation for each injured employee. (Company vehicle, taxi or emergency vehicles).

ARTICLE 40- DURATION

40.1 This Agreement shall remain in effect for three (3) years from September 1, 2004 until II :59 p.m. August 31, 2007, and unless either party gives to the other party written notice of termination or of a desire to amend the agreement, then it shall continue in full force and effect.

40.2 Notice that amendments are required or that either party intends to terminate the agreement shall only be given during the period of not more than 90 days and not less than 30 days prior to the anniversary date.

40.3 If negotiations for renewal ofthis contract should extend beyond th~ expiry date of the agreement, it is agreed that the negotiated wages of the new contract will be retroactive to the termination date of the previous agreement, regardless of the date the agreement is executed.

· 40.4 It is understood that, during any negotiations, following upon notice of termination or notice of amendment, either party may bring torward counterproposals arising out of our related negotiations to the original proposals.

ARTICLE 41 - COST-OF-LIVING ALLOWANCE

41.1 basis:

The Company will institute the cost-of-living provisions on the following

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The standard of I iving of employees will be protected from the fluctuation in the cost-of-living in this Agreement by provision of cost-of-living allowances determined in

_ the manner and to the extent hereinafter set forth in accordance with changes in the official Consumer Price Index, published by Statistics Canada (1992 = 100) and hereafter referred to as the Consumer Price Index.

The cost-of-living allowance provided for herein shall be paid to each employee for each hour worked. The amount of the cost-of-living allowance in effect at any given time shall be included in computing vacation pay, holiday pay, call-in pay, bereavement pay, jury duty pay, and overtime pay.

Beginning with the effective date of this agreement and thereafter during the period ofthis agreement, the cost-of-living allowance shall be determined quarterly at the following times:

Adjustments shall be made quarterly beginning with the first pay period following publication of the Consumer Price Index, the first quarterly adjustment to be made in December, 2004, following publication of the Consumer Price Index for November, 2004 and at quarterly intervals thereafter in like manner until publication of the Consumer Price Index in June, 2007. ·

The Cost-of-Living Index will start at 124.8 as of the I" of September, 2004. All cost-of-living shown before September I, 2004, was incorporated into each employee's base rate. All rates shown below are base rates and any future cost-of-living rates will be shown as such until the rate reaches 5 cents at which time the 5 cents will be incorporated into the base rate. The attached .table will show an increase of I cent for every 0.0781 increase in the cost of living as defined by Statistics Canada. In making the calculations, the cost-of-living allowance will be rounded to the nearest whole cent (ie. 0.5 and greater will be rounded up to the nearest cent. Less than 0.5 cents will be dropped). The continuance of the cost-of-living allowance shall be contingent upon the availability of the official monthly Statistics Canada C.P.l. in its present form and calculated 011 the same basis as the Indexes published in the past unless otherwise agreed upon by the parties. In the event the form or basis of the Index is changed, the parties agree to request said Bureau to continue to furnish for the term of this Agreement, the Index in its present form calculated on the same basis as the Indexes published in the past.

STATISTICS CANADA

CONSUMER PRICE INDEX

125.0- June I, 2004 124.8- September I, 2004 124.9 125.0

(plus .0781) {plus .0781) (plus .0781) (plus .0781) (plus .0781) (plus .0781) {plus .0781) (plus .0781) (plus .0781) (plus .0781)

C.O.L.A.

(-.02) none none

1¢ per hour 2¢ per hour 3¢ per hour 4¢ per hour 5¢ per hour 6¢ per hour 7¢ per hour 8¢ per hour 9¢ per hour IO¢ per hour

and so forth with .01¢ adjustment for each 0.0781 change in the Consumer Price Index.

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ARTICLE 42- WAGES

42.1 I. Group Leader Rate- $33.00. The wage rate for the Group Leader classification shall

be one hundred and ten per cent (110%) of the top rate of a Class "A" Tool and Diemaker classification.

2.

3.

4.

The wage rate for a person hired prior to September I, 200 I in the Tool & Diemaker, CNC, Machine Operator, Special Machinist and Machine Repair classification are as follows:

(Old) $29.33 - $29.58 $29.60- $29.83 $29.88- $30.00

The wage rates for current Apprentices will be based on the applicable percentage of the Old wage structure.

The wage rate for a person hired after September I, 200 I in the Tool & Diemaker, CNC Machine Operator, and Machine Repair classification are as follows:

(New) $27.49- $27.60 $28.68- $28.80 $29.88- $30.00 (92% of Bottom of"A") (96% of Bottom of"A")

The wage rates for Apprentices and Improvers hired after September I, 2001 will be based on the applicable percentage ofthe new wage structure.

Graduate Apprentice- The wage rate for the Graduate Apprentice classification shall be a percentage of the bottom of the base rate of a class "C" of the skilled trades group.

Six Month Period Minimum Hours Hired Prior to Sept. 1101 Hired after Sept. 1/01

I 2

1000 1000

85%-$24.85 90%-$26.31

$24.85 $26.31

Upon completion of a minimum of2000 hours and a minimum of I2 months the Graduate Apprentice will receive the bottom rate of a Class "C" of the skilled trade A group he is eligible to be placed in. ~

The Graduate Apprentice must write and pass the Certificate of Qualification examination, if the employee has not already done so. Failure to write and pass the examination will result in the employee not progressing to the bottom of the base rate of a Class "C" of the skilled trade group.

I. A new hire who has completed an approved apprenticeship program, and has passed the Certificate of Qualification examination will be classified as follows:

(a) Has proof of 10,000 hours and five (5) years- Bottom of"C" of the applicable trade classification group.

(b) Has proof of8,000 hours and four (4) years, but less than 10,000 hours and five (5) years- Graduate Apprentice classification.

(c) Has proof of less than 8,000 hours and less than four (4) years- Joint Apprenticeship Committee to decide on the employee's classification.

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Page 14: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

• 2. If a new hire has not passed the Certificate of Qualification, but has

completed an approved apprenticeship program including schooling, 8,000 hours and four (4) years. Graduate Apprenticeship classification, or if experience is not satisfactory, Joint Apprenticeship Committee to decide on the employee's classification.

3. If the employee has not served an approved apprenticeship, and has less than eight (8) years in the trade, he shall be placed in the Improver classification.

42.2 Newly hired journey persons shall not be hired at less than "C" rate and shall receive automatic increases to the midpoint of the rate range in not more than 90 days and on the completion of 120 days, the top rate ofthe "C" rate range. The same procedure shall be followed in the "8" rate range and the "A" rate range. Any movement from the top rate of the "C" rate range to the bottom of the "8" rate range shall be based on the ability of an employee to do the work to the Company's reasonable requirements. This same procedure shall be used in any movement from the top of the "B" rate range to the bottom of the "A" rate range.

Employees promoted from "C" to "8" or from "8" to "A" will receive the top rate ofthe scale.

42.3 Improvers hired after September 1, 2001 shall always be paid an hourly rate based on a fixed percentage of the bottom of the base rate of a Class "8" Tool and Diemaker as follows: ·

3 Years - 70% - $20.08 4 Years- 75%- $21.51 5 Years - 80% - $22.94 6 Years - 85% - $24.38 7 Years- 90%- $25.81 8 Years - 95% - $27.25

The percentage calculation will be applicable for all wage increases, including quarterly cost-of-living allowances. A new supplementary employee shall have a minimum of three (3) years shop experience.

An improver with eight (8) years trade experience who fails to qualifY for his journeyperson's card shall remain classified as an eight year improver and shall be paid the rate of an eight year improver.

A successful candidate will automatically progress to the midpoint of the Class "C" classification.

42.4 General Help- The wage rate for the General Help classification shall be a percentage of the bottom of the base rate of the old class "8" Tool and Die maker. However, the starting rate for an employee in the General Help classification shall be 65% of the bottom of the old base rate of a Class "B" Tool and Diemaker for a period of one (1) year.

1" year 2nd year

Sept. I I 04 Sept. 1 I 05 $19.24 (65%) $19.24 (65%) $22.50 (76%) $22.79 (77%)

42.5 Starting rates for new employees shall not be less than the negotiated rate. The worker will be assured ofhalfofthe difference between the starting rate and the negotiated prevailing rate within 90 days if retained by the Company.

42.6 Before the worker is placed on the seniority list his rate will be automatically reviewed with the plant committee with the intent of improving the status of the employee.

ARTICLE 43 - SOCIAL SECURITY

43.1 The Company will pay the full cost for seniority employees and their eligible dependents of the following:

(a) The Ontario Health Insurance Plan. (b) Green Shield Semi-Private Hospital Plan. (c) Green Shield Prescription Drug Plan, ($2.00 co-pay), Product Selection Plan.

$5,000.00 lifetime maximu.m for fertility drugs. Conditional Formulary added to Prescription Drug benefit.

(d) Green Shield Dental Care Plan ($2,200.00 lifetime orthodontics maximum as well as major restorative (crowns and bridges with 50% co-insurance) to a maximum of $2,200.00 per calendar year.

(e) Green Shield Group Extended Health Care Plan, including Group Out-of­Province Plan. Also, EHS Plan providing for custom made boots, chiropractor ($300.00), Audio Plan (every three (3) years), Nursing Home Care Plan and Vision Plan ($200.00/24 months). With respect to the vision plan, the Company may provide an equivalent benefit by way of self insurance. The Company will reimburse employees up to $40.00 e towards the cost of an eye examination every 24 months. The Company is prepared to allow employees to apply their vision allowance towards the cost of laser surgery to a maximum of $400 during the term of the collective agreement. Should an employee have utilized some of the allowance for eyeglasses prior to the laser surgery, the amount of contribution towards laser surgery will be reduced accordingly. The maximum the Company can contribute to an employee for either eyeglasses and/or laser surgery during the term of the collective agreement remains at $400.00.

(f) Green Shield Deluxe out-of-province plan QJ.

In the event an employee dies prior to retirement and prior to age 65, the Company will continue to provide the surviving spouse and eligible dependants with the benefits provided in Article 43.1 for one month per each year of completed service of the employee as of the date of the employee's death, or the date the employee would have turned age 65, whichever occurs first.

43.2 The Company will pay the full cost for all seniority employees under the age of 65 of the following:

(a) Effective October I, 2004, life Insurance in the amount of$43,000.00. Effective September I, 2005, the Company will increase this amount of Life Insurance to $44,000.00. Effective September I, 2006, the Company will increase the amount of Life Insurance to $45,000.00.

(b) Effective October I, 2004, non-occupational accidental death and dismemberment insurance in the amount of$43,000.00. Effective September I, 2005, the Company will increase this amount of insurance to $44,000.00. Effective September l, 2006, the Company will increase this amount of insurance to $45,000.00.

(c) Life Insurance for retirees of the Company who were employed on, or after, September I, 1986, in the amount of $5,000.00. A "retiree" is considered an employee who is at least 55 years of age and has worked for at least 25 years with the Company.

(d) One ( 1) pair of"approved industrial prescription safety glasses" every two (2) years and replacement lenses once a year if necessary as a result of pitting, or as often as the Safety Committee deems necessary.

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Page 15: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

.. The Company will also have the right to designate from time to time the place or places where employees may purchase their prescription safety glasses or replacement lenses. The safety committee will be responsible for settling any disputes as regards this paragraph.

(e) Sickness and Accident Insurance: The weekly indemnity for all eligible employees under the sickness and accident insurance shall be equal to 66.67% of the employee's regular weekly earnings. It shall be payable on the first day of accident, the first day of sickness if hospitalized and the fourth day of sickness if not hospitalized. The sickness and accident program is to be integrated with the E.l. disability benefit on the following basis: (i) The full schedule of Company benefits will be payable for a maximum

period of37 weeks as follows: (a) the first to the 27th week. (b) the 42nd week to the 52nd week.

(ii) During the period from the 27th week to the 41st week it will be the responsibility of the employee to obtain the E.l. disability benefit. However, during these weeks (27-41) the Company will top up the moneys paid by El to an employee necessary to a maximum amount paid to the employee of 66.67% of the employee's regular weekly earnings.. .

The Company will continue to pay the premiums for the foregoing benefits in Article 43.1, Article 43.2(a) and·(b) for eligible employees absent from work due to illness for 12 months following the commencement of the illness if the absence is due to such illness.

The Company will continue to pay the premiums for the foregoing benefits in Article 43.1, Article 43.2(a) and (b) for eligible employees on layoff for the balance of the month in which the layoff commences and for the following month.

The Company will provide employees who have applied for sickness and accident benefits and who have not received benefit payments within four (4) weeks of completing and filing the claim and necessary documentation with the applicable sickness and accident coverage directly until such time as the sickness and accident carrier makes its initial decision on the application for benefits. Employees will be required to sign the necessary forms authorizing the Company to receive the sickness and accident cheques once received by the employee and to authorize the Company to withhold from the pay of the employee any overpayment by the Employer and a right of subrogation.

ARTICLE 44 - PENSION PLAN

44.1 The Company will continue to participate in the current individual Registered Retirement Savings Plan and effective September I, 2004 pay the sum of$1.72 per hour for all compensated hours, payable weekly. Effective September I, 2005, this amount will be increased to $1.82 per hour, and effective September l, 2006, this amount will be increased to $1.92 per hour.

The contributions will be deposited with the Trustee mutually agreed to by the Company and the Union, to the benefit of the employees' Registered Retirement Savings Plan. Employees will be solely responsible for providing the Trustee with investment directions. An employee will not be permitted to withdraw any funds contributed to the employee's individual RRSP by the Company during the period the employee continues to be employed by the Company.

The contribution rate for apprentices hired after the date of ratification of the Agreement shall be in direct proportion to the applicable percentage of wages an apprentice .

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receives (between 50% rising to 85%) of90% ofthe bottom of the base rate of Class "C" of the skilled trade group as set out inArticle 6 of the Apprenticeship Agreement.

ARTICLE 45 - LONG TERM DISABILITY PLAN

45.1 Effective October I, 2004, a long term disability plan to pay $1,350.00 a month commencing with the 53rd week of disability and continuing during disability to age 65, with no carve out of other payments received by the employee from his/her disability.

The Company will continue to pay the premiums for the benefits in Article 43.1 for eligible employees for a period equal to one (I) month per each year of completed . service with the Company as at the time ofthe commencement of the illness for employees on Long Term Disability. Effective November I, 2005 this amount will be increased to $1,400.00. Effective November 1, 2006 this amount will be increased to $1,450.00 ..

ARTICLE 46 - WAGE INCREASES

46.1 Hourly wages will be increased per hour in the following amounts:

All joumeyperson

Effective Sept. 1/04

35¢

Effective Sept. 1/05

35¢

Effective Sept. 1/06

50¢

Apprentices will receive wage increases as outlined in the apprenticeship agreement.

ARTICLE 47 - INDIVIDUAL RRSP'S

47.1 The Company will allow employees to authorize payroll deductions for individual RRSP's.

ARTICLE 48 • RETIREES

48.1 For the purpose of this Article, retirees are defined as employees who retire after reaching age 55 with a minimum of 25 years of service. Retirees will be eligible for one (I) only ofthe following options:

Option 1- Retiring Allowance

The employee will receive a payment equal to $275.00 for each year of completed service. This payment will be made to the employee's RRSP, if permitted pursuant to the provisions of the Income Tax Act. The payment will be made on retirement. Or:

Option 2- Benefits

The Company will contribute the sum of$1 ,750.00 per year to retirees as defined above (age 55 and 25 years of service) towards the cost of"Green Shield Group Conversion Plan", or a mutually agreed alternate.

Employees who retire on or after September I, 200 l who have attained at least age 55 with 25 years of service will be required to make application to enrol in the Plan at least sixty (60) calendar days prior to their expected retirement date.

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Page 16: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

k .. •

... The Company will make an annual payment to retirees who provide

satisfactory proof of continued enrolment in the Plan on the anniversary date of enrolment each year (in advance.) ·

In the event the retiree dies and is survived by their spouse I partner at the date of retirement, the Company will contribute $750.00 per year to the surviving spouse I partner for a further five (5) years provided the spouse I partner satisfies the conditions of this Article.

Any monies paid to a Retiree (or spouse I partner) which are not spent will be subject to applicable Income Tax Act considerations.

FOR: CANADIAN ENGINEERING & TOOL CO. LTD.

DONALD C. TREGENZA

THOMAS C. SCARLETT

FOR: THE NATIONAL AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS UNION OF CANADA- (CAW- CANADA) AND ITS LOCAL I95 .

WILLIAM FENTON

RON GOULIN

GREG McKENZIE

FOR: C.A. W. Skilled Trades Department

FOR: LOCAL UNION NO. 195 CAW.

GLEN MYERS

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APPENDIX "A"

· CANADIAN APPRENTICESHIP STANDARDS

of the

THE NATIONAL AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS UNION OF

. CANADA- (CAW- CANADA) AND ITS LOCAL 195

and the

CANADIAN ENGINEERING & TOOL COMPANY LIMITED, WINDSOR, ONTARIO

PURPOSE The purpose of these standards is to assure that the meth!)ds of training are

wtiform and sound and that extreme care will be exercised in the selection of candidates, and that the apprentices will develop into competentjourneypersons at the conclusion of the training period.

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Page 17: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

• ARTICLE!

The Company and the Union have agreed to these standards which shall mean: (I) that the apprentices shall register with the Apprenticeship Branch of the Ministry of Colleges and Universities. · (2) that an apprenticeship indenture between the Company and the apprentice shall be issued and which indenture shall be approved by the Joint Apprenticeship Committee and must be agreed to by the apprentice and his parent or guardian ifthe apprentice is a minor. (3) the committee shall mean the Joint Apprenticeship Committee.

ARTICLE 1 APPLICANT

Applicants shall have an Ontario Secondary School Diploma or equivalent.

ARTICLE 3 TERM OF APPRENTICESHIP

An Apprentice who has not received credit for previous experience must spend a minimum of four (4) years time in the apprentice program.

An Apprentice will receive credit for a maximum offorty hours per week and wage increases will be given for each 1000 hours the apprentice is credited with. Excess hours worked do not count towards the apprenticeship time and can not be used to reduce the four (4) year time requirement.

The crediting of hours will commence with the signing of the agreement between the employee and the employer.

ARTICLE4 PROBATIONARY PERIOD

There shall be a probationary period covering 120 days of training to determine the suitability of the applicant to become a qualified joumeyperson in the 8,000 hours of training. Upon completion of four (4) months training and his acceptance by the Company-Union Apprenticeship committee the apprentice shall have his name placed on the seniority list as an apprentice and shall be entitled to the regular benefits of the Company-Union agreement. ·

ARTICLE 5 HOURS OF WORK

The apprentice shall work the regular weekly hours and shall be entitled to all overtime privileges outlined in the General Agreement.

ARTICLE 6 WAGES

Apprentices placed in an apprentice program shall always be paid an hourly rate based on a fixed percentage of90% of the bottom of the base rate of Class "C" of the skilled trade group as follows:

Six Month Minimum Period Hours ~ Rate I 1000 50 $12.37 2 1000 55 $13.61 3 1000 60 $14.84 4 1000 65 $16.08 5 1000 70 $17.32

6 1000 15 $18.56 1 1000 80 $19.79 8 1000 85 $21.03 TOTAL 8000

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The percentage calculation will be applicable for all wage increases including quarterly cost of living allowances.

Upon completion of a minimum of four years and a minimum of8000 hours, and after receiving approval by the joint apprenticeship committee comprised of Company and Union representatives, the Apprentice will receive the Graduate Apprentice rate and progress from there according to the terms of the general agreement.

ARTICLE 7

Apprentices will become subject to layoff only in the event that there should be a ratio of less than five (5) joumeypersons for each apprentice.

ARTICLES RELATED TRAINING

Related training shall be established based on the minimum requirements according to the apprenticeship standards and by instructions of the Joint Apprenticeship Committee.

ARTICLE9 APPRENTICESHIP COMMITTEE

The Company-Union Apprenticeship Committee shall be established which 5ha.JI consist of three (3)joumeyperson employees selected by the members of the Union together with three (3) representatives of Management.

This Committee shall meet once each bi-monthly to discuss matters pertaining to the apprenticeship program and the training of the apprentice and the apprentice's progress.

ARTICLE 10 SENIORITY

The apprentice will exercise his/her seniority in his own group or trade and if a rc:duclion is necessary due to a layoff of journey persons, the junior apprentice in that trade a.ffecled will be laid off according to his/her hiring date, provided no supplemental help is ~'Ofking in that group, and will be returned to work in the reverse order oflayoff.

ARTICLE 11

Upon completion of his/her apprenticeship he/she shall be given one-half. )c:aiS of his/her time with this Company on course as seniority.

ARTICLE 11 CERTIFICATE OF COMPLETION

Upon completion of the Standards the Apprenticeship Committee will m:omrnend that a certificate be issued to the apprentice.

ARTICLE 13 UNION DUES

The Company will deduct the regular Union dues as per General Agreement from the apprentices and remit same with the regular monthly Union dues to Local 195, C.A.W.

ARTICLE 14 WORK SCHEDULES

A work schedule shall be agreed to based on the Canadian C.A.W. Apprenticeship Standards considering the equipment and personnel available. The work processes for the above trades shall be attached from time to time and be a part of the agreed to apprenticeship standards.

Page 18: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

• A detailed report of apprentice hours will be supplied to the Joint Apprentice

committee every three months.

ARTICLE 15 ST. CLAIR COLLEGE

Apprentices scheduled to work the afternoon shift and who are required to attend classes at St. Clair College as part ofthe apprenticeship program will be granted up to four (4) hours with pay to attend their class. Based on classes taking place from 7:00 to 10:00 p.m. at St. Clair, apprentices will be allowed from 6:30 to 10:30 p.m. to attend their class.

1. 2.

3.

FOR:

To be eligible to receive this pay an apprentice must: Punch out and in when leaving and returning from their class. Work from 4:00 p.m. to 6:30 p.m. and from 10:30 p.m. to 2:30 a.m. on the day of the class. Must attend the complete class.

FOR: CANADIAN ENGINEERING & TOOL CO. LTD. ·

THE NATIONAL AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS UNION OF CANADA- (CAW- CANADA) AND ITS LOCAL 195

DONALD C. TREGENZA WILLIAM FENTON

THOMAS C. SCARLETT RONGOULIN

GREG McKENZIE

FOR: C.A. W. Skilled Trades Department

FOR: LOCAL UNION NO. 195 C.A. W.

GLEN MYERS

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LEITER OF UNDERSTANDING# 1

Both the Company and the U11ion agree that the introduction of new manufacturing . ttcbniquesand technologies, including new C.N.C. equipment is important and whenever

possible, advance planning should be made to anticipate skills, needs and training required. Work on C.N.C. equipment presently performed by C.N.C. machine operator

classification will continue to be performed by C.N.C. machine operators as it is not the inttntion of the Company to eliminate C.N.C. machine operator positions by utilizing less Knior Tool and Diemaker I C.N.C. employees.

Where practical, the Company will offer training on C.N.C. equipment to employees by seniority who have the skill and ability and are willing to perform this new work. Employees who are not selected for training, or are unable to complete the training after making a reasonable effort to complete the training, will not be negatively affected by layoffs solely on the basis that they are unable to perform the C. N.C. work available. This clause does not apply to a tool and diemaker who has declined such training.

The Company will also notify the Union as early as possible of the intended iouoduction of new manufacturing technology and make recommendations as to outside courses of study that could be taken so that employees will have the ability to acquire skills to assist them in preparing for on-the-job training when new manufacturing technology is introduced.

LEITER OF UNDERSTANDING# 2

General help will be given preferential consideration for entering the apprenticeship program. Also, if general help employees with two years' seniority or more enter the program, he/she will be paid $1.00 per hour more than his applicable apprenticeship rate tmti1 such time as his hourly pay exceeds the applicable general help rate.

Improvers will also be given preferential consideration for entering the ~nticeship program. Also, if an improver enters the program, he/she will be paid $1.50 ~ hour more than his applicable apprenticeship rate until such time as his hourly pay acecds the applicable improver rate.

LEITER OF UNDERSTANDING# 3

During the life of this agreement, the Company and the Union agree to implement a :I.U.Ident program. Students will be paid $11.00 per hour. Students will be required to pay Union dues in accordance with the Union's part-time dues structure. Students are not co~cred by the provisions of this Agreement. Time worked by the students shall not be A wosidered as time worked toward Article 6.1 of the Collective Agreement. •

Students will be used to do things such as cleaning of the employee washroom, employee lunchroom, cleaning machines, painting machines, cleaning of lights and windows or soch other duties as may be assigned by the Company, from time to time. The Company "'ill not use students for the purpose of depriving general help of normal overtime hours. Tbc Company and the Union will meet periodically to discuss these duties.

The Company shall be limited to the use of no more than three (3) students at any . ~ time. Each student will be limited to no more than 20 hours per week, except during the school vacation period.

Students will not be used when employees are on layoff. Students shall not work on Sarurday or Sunday, unless General Help have also been offered the work. This letter of Wllderstanding may be terminated by either party with 30 days' written notice.

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Page 19: OCT 2 7 ZOOS - Ontario...shall render its decision in writing within two (2) working days after the receipt of A grievance. If the decision is not satisfactory to Union, grievance

LEITER OF UNDERSTANDING# 4

" While no change is presently contemplated, in the event the Company moves its operations out of the Windsor area during the lifetime of the Agreement currently in effect between Canadian Engineering & Tool Co., Limited solely with respect to its Windsor Plant in Essex County, Ontario and Local195, C.A.W., the Company will consider applications for employment at the new location from former Windsor employees.

Such applications must be made within 30 days of the employee's termination at Windsor.

Employees who so apply will be given preferred consideration for jobs provided they are qualified to perform the work available.

Subject to existing commitments at the new location, the employees, if and when hired as per the above, shall have the seniority they held in the Windsor Plant reinstated.

It is clearly understood that all persons hired according to the above shall be hired under the rates of pay and conditions of work existing or to be implemented at the new location.

LETTER OF UNDERSTANDING #S - RE: GAMBLING ADDICTION

The Company and the Union agree to co-operate to provide reasonable assistance to employees who may suffer from-gambling addiction.

LETTER OF UNDERSTANDING ##6

April 27, 200 I

Following is the Policy agreed to by the Company and Plant Committee pertaining to floater holidays for active employees.

I. Employees are not eligible to receive a floater holiday until they have completed 180 calendar days with the Company.

2. An employee must request a floating holiday one (I) week in advance. Should an emergency arise, the Company will consider a request on shorter notice.

3. Up to six (6) employees will be granted the same day, provided that no more than two (2) of these six (6) persons are working on the afternoon shift. For periods in which the number of active employees in the bargaining unit exceeds 80, up to seven (7) employees will be granted the same day. Provided that no more than three (3) ofthese seven (7) persons are working on the afternoon shift.

4. Although the collective agreement states that floaters must be used within the contract year, employees will be allowed to carry forward any unused floater holidays for up to four (4) months, or December 31.

5. Floaters can be taken on the afternoon shift as follows: (A) Employees who work the normal shift rotation two (2) ten ( 10) hour

· floaters, (B) Employees who regularly work afternoon shifts in excess of the

normal rotation three (3) - 10 hour floaters. (C) Employees who regularly work steady afternoon shifts· alllO hour

floaters. (D) Any additional floaters allowed to afternoon shift employees that are

in excess of(A) and (B) above will receive 8 hours holiday pay. (E) No shift premium paid on night floaters.

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LEITER OF UNDERSTANDING #7

Employees who retire after reaching age 55 with a 75 factor (i.e. age and service ED~alling 75) will be eligible to receive a payment equal to $250.00 for each year of completed service. This payment will be made to the employee's RRSP. The payment will be made on retirement.

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