COLLECTIVE AGREEMENT
-between-
NEMAK CANADA CORPORATION
Windsor, Ontario Canada
-and-
National Automobile Aerospace,
Transportation and
General Workers Union of Canada (CAW-Canada)
And its Local 200
Dated: January 01, 2011
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CAW/ NEMAK CANADA CORPORATION
(Windsor Aluminum Plant)
COLLECTIVE BARGAINING AGREEMENT
TABLE OF CONTENTS
ARTICLE TOPIC PAGE
1 Purpose 4
2 Recognition 4
3 Management Rights 4
4 Union Security 5
5 Intimidation, Coercion and Discrimination 6
6 No Strike – No Lockout 6
7 National Representatives 6
8 Bulletin Boards 6
9 Printing of the Collective Agreement 6
10 Seniority 6
11 Loss of Seniority 7
12 Job Postings 7
13 Layoff and Recall 8
14 Union Representation 9
15 Grievance Procedure 11
16 Arbitration 12
17 Hours of work 13
18 Overtime 13
19 Overtime Rates 14
20 Reporting Allowance 14
21 Call in Allowance 14
22 Substance Abuse 14
23 Administration of Discipline 14
24 Disciplinary Action 15
25 Incapacitated Employees 15
26 Leave of Absence 15
27 Paid Educational Leave (PEL) 16
28 Bereavement Leave 17
29 Jury Duty 17
30 Vacation Scheduling 18
31 Holiday Pay Plan 18
32 Technological Change 20
33 New Job 21
34 Protective Clothing 21
35 Payday 21
36 New Employee Orientation 22
37 Health and Safety 22
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38 Job Descriptions & Classification 25
39 Lockers 25
40 Rates of Pay 25
41 Swipe Cards 26
42 Shift Premium 26
43 Benefits 27
44 Defined Contribution Pension Plan 29
45 Vacation Pay 30
46 National Day of Mourning 30
47 Social Justice Fund 30
48 First Aid 30
49 Medical Certificates 30
50 Contracting In and Contracting Out 30
51 Work by Non Bargaining Unit Persons 31
52 Training, Retraining and Refresher Courses 31
53 Duration of Agreement 31
54 Attendance Policy 32
55 Skilled Trades 32
Letter #1 Minor Maintenance 36
Letter #2 Alternate Work Schedules 37
Letter #3 Production Classifications 38
Letter #4 WAP Facilities 39
Letter #5 Medical Notes and RTW 40
Letter #6 TPT Pool 41
Letter #7 Critical Jobs 42
Letter #8 Product/Work Ownership and Full Plant Closure 43
Letter #9 Summer Shutdown 44
Letter #10 Transition Levelling Seniority Application 45
Letter #11 Skilled Trades 46
Letter #12 Placement Opportunities 47
Letter #13 Transition - Overtime Opportunities 48
Letter #14 Skilled Trades 49
Letter #15 Ford Transferee Seniority 50
Letter #16 Health Benefit Coverage Timing 51
Memorandum of Settlement 52
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ARTICLE 1 - PURPOSE
1.01 The purpose of this Agreement is to establish mutually satisfactory relations between the
employer and its employees and to provide a framework for peak performance and efficiency to
remain competitive in the manufacture of aluminum and/or aluminum cylinder block castings.
This Agreement will set forth the terms and conditions of employment to be observed between
the parties hereto and to provide an orderly collective bargaining relationship between the
Company and the Union and to secure prompt and equitable disposition of grievances and to
prevent interruption of work and interferences with the efficient operation of the Company
business.
ARTICLE 2 - RECOGNITION
2.01 The Company recognizes the Union as the sole and exclusive bargaining agent with respect to
wages, hours of work and other working conditions, and this Agreement will pertain to all its
hourly employees in the bargaining unit located at the Nemak Windsor Aluminum Plant,
Windsor, Ontario.
The word “employees” as used in this Agreement, means any hourly rated employee employed
by the Company at the location herein after designated but excluding supervisors, persons above
the rank of supervisor, office, clerical and sales.
The Company will negotiate at all times necessary in the manner provided herein, with the
chosen accredited representative of the Union, for the purpose of resolving any disputes which
may exist or which may arise as to wages, hours of work or working conditions. The Company
agrees that it will not exercise its management rights to restrict or limit the rights of its
employees herein granted.
In the event, the Company physically relocates, expands or transfers its Windsor Aluminum Plant
operations to another facility serving Windsor, Ontario Canada, laid off employees with no
likelihood of rehire at their current facility, will have the right to transfer and perform such work
as exists in their classification at the new or expanded facility or exercise seniority in accordance
with the seniority clause in this Agreement.
The Union bargaining rights will continue to be in effect at any relocated, expanded or
transferred facility within Windsor, Essex County and none of its rights and obligations will be
varied.
2.02 If the Company is awarded work at any other Nemak, Windsor and Essex County location(s) in
Ontario pertaining specifically to casting of aluminum blocks/cylinder Heads and aluminum
manufacturing, this agreement will apply to all bargaining unit members of the CAW Local 200
Union to be identified.
ARTICLE 3 – MANAGEMENT RIGHTS
3.01 Within the framework of this Agreement, the Company reserves the right to hire, promote,
transfer, demote or layoff employees and to suspend, discharge, or otherwise discipline
employees for just cause subject to the right of any employee to lodge a grievance in the manner
and to the extent herein.
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3.02 Within the framework of this Agreement, the Union further recognizes the right of the Company
to operate and manage its business in all respects in accordance with its commitments and
responsibilities, to maintain order and efficiency in its Plant.
3.03 Management rights as set out in this Collective Agreement must be exercised fairly, without
discrimination and in accordance with the Collective Agreement.
ARTICLE 4 – UNION SECURITY
4.01 It is agreed that every employee of the Company who is now, or hereafter becomes a member of
the Union, shall maintain his/her membership in good standing as provided in the Constitution
and by-laws of the Union, as a condition of his/her employment.
All new employees prior to the commencement of his/her employment shall be required to sign
an application for membership and authorization for check off dues and initiation fee, supplied
by the Union to the Company and maintain membership in good standing.
The Local Union copy of this form will be forwarded to the Local Union Financial Secretary upon
completion.
All dues and initiation fees deducted must be remitted to the Local Union Financial Secretary
within ten (10) working days of the deductions with a list of names and the amount of each
deduction.
The Company will also supply a list of those members who did not have Union dues deducted
and the reason why no deduction took place.
The Company also agrees to include on the employee’s T-4 slip for income tax purposes, the total
union dues paid for the year.
The Financial Secretary of the Local Union will notify the Company of any change in the amount
of Union Dues and /or Initiation Fee to be deducted in line with the Constitutional requirement
of the National Union.
The Company further agrees to furnish the following information to the Union Chairperson, a
copy of such will also be provided the Local 200 Office:
1. A list of all members in the Bargaining Unit
2. Updated address, names and telephone numbers
3. A monthly status change report of Bargaining Unit Employees identifying the following:
i) Reclassification
ii) New hires
iii) Transfer out of bargaining unit
iv) Each member’s status (i.e. weekly sick benefits, LTD, WSIB and any other leave
of absence)
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4. Number of hours worked in the month
5. Each member’s hourly rate and job title
ARTICLE 5 – INTIMIDATION, COERCION AND DISCRIMINATION
5.01 The Company and the Union agree that there shall be no discrimination, coercion, interference,
restriction exercised or practised against any employee in regard to training, upgrading,
promotion, transfer, discharge, layoff, recall or other work condition because of race, creed,
colour, sex, national origin, political or religious affiliation, disability, sexual orientation, marital
status nor by reason of union membership or activity.
The Company also agrees there shall be no discrimination against any employee pursuant to the
provisions of the Ontario Human Rights Code.
ARTICLE 6 – STRIKE AND LOCK-OUTS
6.01 The Company and the Union agree to be bound by the provisions of the Ontario Labour Relations
Act, in respect of strikes and lockouts.
ARTICLE 7 – ATTENDANCE OF NATIONAL REPRESENTATIVE
7.01 A National Representative or Representatives of the National Union and/or the Local Union
President may be present and participate in any meeting of the Union Bargaining Committee and
the Company.
ARTICLE 8 – BULLETIN BOARDS
8.01 The Company will provide enclosed bulletin boards for the use of the Executive of the Union, at
agreed upon locations throughout the work place for posting notices of the Union.
ARTICLE 9 – PRINTING OF THE COLLECTIVE AGREEMENT
9.01 The Company agrees to print and supply the Collective Agreements and benefits books, to all
employees in the bargaining unit, at no cost to the Union or the Employees. The printing will be
distributed within three (3) months of ratification. The Company agrees to consider any Union
recommended printer and use them if their cost is competitive with pricing available in the area.
ARTICLE 10 – SENIORITY
10.01 The Company and the Union agree with the principle that those with greatest seniority shall be
given preference in promotions and that those with least seniority shall be the first to be
demoted, re-assigned or transferred.
10.02 Fundamentally, rules respecting seniority are designed to give employees an equitable
measure of job security based on length of service with the Company and subject to the
provisions of the Collective Agreement.
10.03 Seniority will be established and maintained for all employees in the bargaining unit on a plant-
wide basis.
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10.04 Seniority rights shall be established from the date of original hire and be revised every three
months and posted on the plant notice boards. A copy of such list will be given to the Union
Chairperson of the Committee.
10.05 Employees will be regarded as probationary employees for the first ninety (90) calendar days.
Upon completion of the probationary period, seniority will be retroactive to the date of hire
and their name will appear on the seniority list.
10.06 Employees having the same date of hire shall be listed on the seniority list in alphabetical order
by last name, first name, middle name if required with “A” being the high seniority. (Regarding
Ford Transferee Seniority, see Letter of Understanding #10).
10.07 No employee covered by this Agreement will be transferred to a position outside the
Bargaining Unit without his/her consent.
10.08 An employee who is promoted out of the Bargaining Unit will lose all Bargaining Unit seniority
after they have been out of the Bargaining Unit for thirty (30) calendar days.
ARTICLE 11 – LOSS OF SENIORITY
11.01 Seniority rights shall cease and employment will terminate for any of the following reasons:
1) If an employee voluntarily quits employment, retires or is discharged and such discharge
is not reversed through the grievance procedure.
2) A laid off employee with seniority shall retain recall rights for a period of twelve (12)
months or length of employee seniority, whichever is greatest with a maximum of forty-
eight (48) months.
3) If an employee fails to report for work in accordance with a notice of recall, or within
five (5) working days after registered mailing date of such notice, whichever is later,
unless a satisfactory reason is given.
4) The employee is absent from work for three (3) consecutive working days without
notification to his/her Employer and does not give a reason satisfactory to the Employer
for his/her failure to report for work or to notify the Employer of his/her absence and
the reason for it.
5) The employee materially falsifies his/her application for employment history and such
falsification is discovered within eighteen (18) months of his/her date of hire.
ARTICLE 12 – JOB POSTING
(a) In the event job opportunities occur, the Company will post such vacancies and shift for a period of
three (3) working days before hiring outside (if no one applies). Seniority Team Members interested in
these vacancies may apply. Each posting will list the qualifications and the number of Team Members
required. Immediately upon making the initial decision, the name of the Team Member awarded the job
will be posted and given to the Union. If a bid is cancelled a posted notice will notify Team Members.
Team Members are required to complete a Position Application Form when applying to such posting. If a
Team Member applies for more than one job posting at the same time, he/she must identify which job
they prefer.
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(b) Positions will be awarded based upon seniority.
(c) As soon as practical, the successful bidder will be placed in the new classification. Upon placement,
the Team Member will be frozen in the new position for a period of six (6) months.
(d) Once placed in the new classification, the Team Member will have up to fifteen (15) working days
familiarization period to demonstrate the ability to satisfactorily perform the job. During these fifteen
(15) working days the Team Member will be provided instruction and training to become familiar with the
job. In the case the Team Member is not retained in the job by the Company, the Team Member will be
returned to their former classification and shift, seniority permitting.
(e) A Team Member may voluntarily elect to give up their rights to the job within fifteen (15) days of the
position being awarded. In doing so, they will forfeit their right to bid for a period of six (6) months.
(f) Job Disqualification - Should selected employees prove incapable of performing the job, within a
maximum thirty (30) calendar day period, the Company will repost the job.
Employees who vacate the subject position after fifteen (15) days or do not accept a position to which
they posted will be ineligible to post for six (6) months.
12.01 - Temporary Job Postings
In the event of a vacancy expected not to exceed (forty five) 45 calendar days the Company will not post
and the position will be reassigned to employees as necessary. The temporary vacancy will be filled in
accordance with the provisions of Article 10.
When the Temporary vacancy ends, the Team Member will be returned to their previous job and shift,
seniority permitting.
ARTICLE 13 – LAY OFF AND RECALL
13.01 When there is a reduction in the workforce, the Employer agrees that employees shall be laid-off
in the reverse order of their seniority provided that the remaining employees are willing and able
to perform the work. The employees shall be recalled to work in order of their seniority.
13.02 In the event of a reduction in the workforce, all probationary employees in the job classification
affected in the plant, shall be laid off before any employee with seniority is laid off.
13.03 Employees on temporary job postings shall be removed before any employee on a permanent
job.
13.04 In the event of a reduction in workforce under this Article, Stewards and members of the
bargaining committee and union chairperson shall be the last persons removed from their
classification during their term of office. Thereafter, they will be subject to all bumping
provisions except that they will not be laid off during their term of office, so long as full time
work at their own level or a lower wage is available in the plant which they are qualified to
perform.
13.05 Any permanent employee who is subject to layoff may displace a less senior employee from an
equivalent or other job classification for which he/she possesses the minimum requirements.
13.06 The Company will give the employee the required notice of layoff or pay as provided in
accordance with the Employment Standards Act. A list of employees declared surplus will be
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made available to the Union at least five (5) working days prior to the Notice required under the
Employment Standards Act.
13.07 When there is an increase in the work force, laid off employees shall be recalled to work in the
order of seniority.
13.08 No new employee or employees shall be hired until laid off employees have been given the
opportunity to return to work.
13.09 Reduction of Workforce – Temporary/Short Term
A Temporary/short term layoff applies when reductions do not exceed ten (10) working days.
Layoffs under this section will be by seniority in the classification, production line, production
department and shift affected.
13.10 Reduction of Workforce – Long Term
When the Company determines that a reduction in the workforce in excess of 10 working days is
necessary, Team Members will be laid off from the classifications affected in reverse order of
seniority, provided the remaining Team Members have the necessary skill and abilities to
perform the work. Where all things are equal, the senior Team Member will be retained.
Temporary Team Members will be the first to be removed from the plant followed by
probationary Team Members.
13.11 Recall from Layoff
Team Members will be recalled to available work in order of seniority provided they are able and
willing to perform the required work.
(a) Any Team Member who exercises their seniority to displace into another classification or is
transferred to another classification due to a reduction in force will be returned to their previous
classification as required by the work load if such requirement occurs within twelve (12) months.
After twelve (12) months, the vacancy will be posted.
(b) Any Team Member who exercises their seniority to displace into another classification or is
transferred to another classification due to a reduction in force will be afforded up to fifteen (15)
day familiarization period provided the Team Member has never worked in the classification
previously.
ARTICLE 14- UNION REPRESENTATION
14.01 Chairperson
a) There shall be one (1) full-time representative designated by the Union and compensated by
the Company who will be the Chairperson. The Chairperson and his/her designate will be
compensated at the employee’s regular straight time hourly classification rate for up to eight (8)
hours per day Monday – Friday.
b) The Company recognizes the privilege of the Chairperson and his/her designate of the Union
Committee to leave the plant in the course of the performance of his/her functions as such, but
he/she shall notify the designated Company Representative when leaving and returning to the
plant during scheduled working hours.
c) Full time Committeeperson(s) shall have super-seniority for their term of office in the event of
shift preferences, department reduction, or layoff, as long as there is work for which they are
qualified.
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d) At the end of a Chairperson’s tenure, he/she will be returned to his/her former classification
and department, seniority permitting.
e) When twenty (20) or more bargaining unit employees are working overtime, the Plant
Chairperson will be asked to work the overtime.
f) When the bargaining unit is two hundred (200) to three hundred and ninety nine (399)
employees, there shall be four (4) Committeepersons, including the Chairperson. The
Chairperson and (1) other Committeeperson shall have the right to devote their full-time duties,
as such but the remaining Committeepersons shall be on a part time basis.
14.02 Other Representation
a) The Union shall designate one (1) Part time Committeeperson on #1 (midnight shift) and one
(1) Part time Committeeperson on #3 (afternoon) for a total of two (2) Part time representatives
in addition to the Chairperson.
b) The Union Representative working on a shift will not be reduced as long as there are members
working on the shift to which he/she is assigned.
c) If none of the plant committee members are skilled trade’s employees, the Company will
recognize a skilled trade’s representative elected or appointed by the Union from the skill trades
group who will attend grievance meetings involving trades issues, bargaining sessions involving
trades issues, or any other meeting with management involving trades issues. The skilled trade’s
representative will not be considered as a regular member of the plant committee, but will be
afforded reasonable time to handle skilled trades issues.
d) Union representatives shall be allowed reasonable time off the job with pay to attend to
grievances or complaints. Such time will be granted within a reasonable time.
e) If the Union representative is required to leave their workstation for the purpose of handling a
grievance or complaint, they shall first secure permission from the respective Supervisor. Such
permission shall not be unreasonably withheld. Each Union representative and Management
person will in turn act responsibly in dealings with regard to these matters.
f) The Company and the Union will hold monthly Labour-Management meetings for the purpose
of discussing issues relating to the workplace, which affect the parties or any Team Member
bound by this Agreement. The Plant Committee will attend these meetings with pay. Grievances
will not be discussed at these meetings.
14.03 Notification
a) The Union will inform the Company in writing of the names of the Union Representatives and
other Union Officials, and subsequent change in the names of such representatives. The
Company will not be required to recognize representatives until such notification from the Union
has been received.
b) The Union shall not conduct Union business or activities on Company time without the
permission of management.
c) With prior notification, the President of the local Union, National Representative or designate
shall be granted admission to the plants covered by this Agreement on the understanding that
there will be no undue interference in production.
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14.04 Women’s Advocate
a) The Company will recognize a women’s advocate appointed by the Union. This employee will
be given a one (1) week leave of absence with pay to undergo initial training.
b) The parties agree to recognize a CAW female member who will serve in the role of the
Women’s Advocate. The female advocate will meet with female members as required to discuss
problems with them in a private area provided for confidentiality.
c) The Women’s Advocate will develop appropriate communication to inform female employees
about the advocacy role.
ARTICLE 15 – GRIEVANCE PROCEDURE
15.01 Any matters or complaints raised by an employee of the Union covered by the terms of this
Agreement regarding the administrative interpretation alleged violation, or application of this
Agreement, may be submitted as a complaint or grievance.
An earnest effort shall be made without undue delay to settle any complaint or grievance which
may arise between the Company and the Union or an employee in the following manner:
Step 1 An employee who has a complaint shall discuss it with his/her Supervisor or
designate accompanied by his/her Committeeperson.
A full discussion with a view to resolving the complaint will be held between the
Supervisor or designate, the Committeeperson and the employee involved. The
Supervisor or designate shall give an oral reply, as soon as possible; but in all cases, it
shall be given within three (3) working days from the original presentation of the
complaint.
Step 2 If the decision of the Supervisor or designate at Step 1 does not settle the complaint
to the satisfaction of the employee and the Committeeperson, then the complaint
shall be presented in writing (hereafter referred to as a grievance) to Labour
Relations, within three (3) employee’s working days by the committee person from
the date on which the decision at Step 1 was rendered. The grievance form will be
supplied by the Company. The Union shall attempt to identify the applicable Article(s)
of the Collective Agreement allegedly violated and the date of the incident.
A meeting will be held within three (3) working days from the date upon which the
written grievance was presented to Labour Relation. The meeting will be attended by
the employee and the committee person, labour relations and the department head.
The Labour Relations department shall render a written decision on the grievance
form and present to the committee person within three (3) working days from the
date of the meeting.
The parties recognize the importance of full discussion and shall make every effort to
settle the complaint grievance at either Step 1 or Step 2.
Step 3 Should the grievance proceed, it shall be presented by the
Committeeperson to the Labour Relations Department within three (3) working days
from the date on which the decision at Step 2 was received by the Committeeperson.
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A final effort at mutual settlement shall be made at a meeting to be held within five
(5) working days from the date upon which the grievance was presented to the
Labour Relations Department. Labour Relations and the Union Chairperson will
mutually agree to an agenda outlining the grievance(s) to be heard at the Step 3
meeting.
The Union shall be represented at such meeting by the Bargaining Committee,
committee person and the aggrieved employee. The Company shall be represented
by Labour Relations and the Department Head.
The Company shall provide the Union with its written decision on the grievance within
three (3) working days from the date of the meeting.
The Company will produce at the Step 3 meeting, such pertinent disciplinary notices,
production, payroll and attendance records pertaining to the aggrieved employee
involved as may be necessary for the settlement of the grievance.
The Company agrees that a written explanation shall be given for a grievance being
denied at Step 2 and Step 3.
A monetary grievance settlement will be issued within two (2) pay periods.
ARTICLE 16 – ARBITRATION
16.01 a) Within five (5) working days from the date of receipt of the Company’s written decision
on a grievance in Step 3 the Union through the Chairperson of the Bargaining
Committee, may request in writing that the grievance be appealed for Arbitration.
b) It is agreed that disputes which are carried to Arbitration shall be heard before a single
Arbitrator.
The Union shall, in their Notice of Intent to Proceed to Arbitration, suggest three (3)
names to serve as Arbitrator. The company shall respond within ten (10) working days,
either agreeing to the Union’s proposed Arbitrator or suggesting alternative Arbitrators.
If the parties cannot agree on an Arbitrator within ten (10) working days, either party
may request the Minister of Labour to appoint a single Arbitrator.
c) The Arbitrator shall not have jurisdiction to alter or change any of the provisions of this
Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision
inconsistent with the terms and provisions of this Agreement or to deal with any matter
not covered by this Agreement. The Arbitrator however, in respect of a grievance
involving a penalty, shall be entitled to modify such penalty as in the opinion of the
Arbitrator is just and equitable.
d) The decision of the Arbitrator shall be final and binding on both parties and his expense
shall be borne in equal shares by the Company and the Union.
e) Time limits in this Article may be extended only by written agreement between the
Company and the Union.
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ARTICLE 17 – HOURS OF WORK
17.01 A one (1) shift and/or two (2) shift operations during the regular work week shall consist of forty
(40) hours per week, Monday through Friday, comprised of five (5) eight (8) hour shifts. There is
no guarantee of a minimum number of hours of work per week. The Company shall grant paid
rest periods of fifteen (15) minutes during the first half of the shift and fifteen (15) minutes
during the second half of the shift. Employees shall be entitled to an unpaid lunch period of thirty
(30) minutes.
17.02 A three (3) shift operation during the regular work week shall consist of forty (40) hours per
week, Monday through Friday, comprised of five (5) eight (8) hour shifts. There is no guarantee
of a minimum number of hours of work per week. The Company shall grant paid rest periods of
fifteen (15) minutes during the first half of the shift and fifteen (15) minutes during the second
half of the shift. Employees shall be entitled to paid lunch period of twenty (20) minutes
17.03 Starting and stopping times may be modified to meet Customer needs. The Company will meet
with the Union to discuss any such changes and will attempt to provide two (2) weeks notice if
possible.
ARTICLE 18 - OVERTIME
18.01 Overtime work shall be on a voluntary basis and it is mutually agreed that when overtime work is
scheduled by the Company, it shall be distributed in an equalized manner amongst the employee
in the classification within their department usually performing such work. However, the
Company recognizes the equity of maintaining minimum differentials in the overtime hours
amongst all employees within a departmental classification. If a sufficient number of qualified
volunteers are not obtained, employees with the least amount of overtime will be required to
work a maximum of eight (8) hours per week (Overs, Earlies and/or Saturday).
The overtime roster will be maintained by departmental classifications, updated weekly and will
be openly displayed in the work area, so that employees may check their respective standing.
18.02 Notice of overtime opportunities must be given at the lesser of four (4) hours or as soon as the
need becomes known before the shifts ends for an extended shift, or in the case of weekend
work such as Saturday, Sunday or a holiday, the work notice for overtime work must be given by
1:00 p.m. on the Thursday prior to the weekend. If customer needs require such weekend or
holiday overtime and notice is received after 1:00 p.m. on Thursday, notice will be given as soon
as it is received.
18.03 The employees with the least credited overtime hours in the departmental classification will be
offered the overtime opportunity first.
18.04 Any employee who changes department classification shall be credited with the average number
of hours in the classification to which he/she enters.
18.05 Any employee placed on an overtime roster to hire, recall, reclassification or return from sick
leave is to be charged with the average number of hours charged against the employees in the
work area who are in the same department classification.
18.06 If an employee has been bypassed in the administration of an equal overtime opportunity,
arrangements will be made by the Company to offer the equivalent amount of overtime at the
next available opportunity within two (2) Company pay periods
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18.07 If an employee is on an approved vacation, the employee will not be charged the overtime during
the week of his/her vacation (if overtime was worked).
ARTICLE 19 – OVERTIME RATES
Work Schedules (Monday to Friday)
19.01 Any work performed by an employee in excess of eight (8) hours per day shall be paid at the rate
of time and one half (1½x) the employee’s regular hourly rate.
19.02 Any work performed on a Saturday will also be paid at the rate of time and one half (1½x) the
employee’s regular hourly rate.
19.03 Any work performed on a Sunday will be paid at the rate of double time (2x) the employee’s
regular hourly rate.
19.04 Any work performed on a Company holiday will be paid at the rate of double time (2x) the
employee’s regular hourly rate plus holiday pay for all hours worked.
ARTICLE 20 - REPORTING ALLOWANCE
20.01 Employees who are scheduled and report for work, shall, if work is not available, receive four (4)
hours pay at the applicable rate.
ARTICLE 21 – CALL IN ALLOWANCE
21.01 An employee who is called back to work outside his/her regular working hours shall be paid for a
minimum of four (4) hours pay at the applicable rate for such additional work.
ARTICLE 22 – SUBSTANCE ABUSE
22.01 Substance abuse is recognized to be a serious medical and social problem that can affect
employees. The Company and the Union have a strong interest in encouraging early treatment
and assisting employees towards full rehabilitation.
The Company will continue to provide a comprehensive approach towards dealing with
substance abuse and its related problems. Company assistance will include referral of such
employees to appropriate counselling services or treatment and rehabilitation facilities.
The Company will provide a leave of absence and all normal group insurance benefits for up to
thirty (30) days unless extended by mutual agreement or to the completion of receiving disability
benefits to such employees while under a medically prescribed course of treatment.
ARTICLE 23 – ADMINISTRATION OF DISCIPLINE
23.01 A Union representative or alternate will be present during interviews which could lead to
discipline of Seniority Team members. Discipline is defined as any written notice to the Team
Member’s file. A copy must be given to the Committeeperson.
23.02 The Company will administer discipline in a timely fashion (usually within three (3) working days
after the day of the offense, or within three (3) working days after the date the Company became
aware of all of the facts giving rise to the discipline). However, the Company and the Union may
take additional time, as reasonably required, to conduct a thorough investigation before
administering disciplinary action
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ARTICLE 24 – DISCIPLINARY ACTION
24.01 Progressive Discipline will be structured as follows:
Step 1: Verbal Warning (documented in employee’s file)
Step 2: Written Warning (1st
– documented in employee’s file)
Step 3: 1 day suspension
Step 4: 5 day suspension
Step 5: 21 day suspension
Step 6: Termination
24.02 If an employee reaches Step 5 (21 day suspension) the Plant Chairperson will be present during
the Disciplinary Interview with Labour Relations. At this stage the Local 200 President or
designate will be notified by Labour Relations and/or Plant Chairperson of the disciplinary
interview.
24.03 No written disciplinary action greater than twelve (12) months old will be considered when
assessing progressive discipline. At the end of such time, the disciplinary infraction will be
removed from the file and will not be used against the employee in any manner.
ARTICLE 25 – INCAPACITATED EMPLOYEES
25.01 An employee who has been incapacitated at his/her work by injury or compensable occupational
disease or suffering a major physical disability and is unable to continue his/her regular job, will
be employed in other work, on a job that he/she can perform, that is operating in the Plant.
25.02 An employee placed on a job because of a disability will periodically have that disability
reviewed. Such review will be done at a minimum annually.
25.03 The Company will follow Return to Work procedure aligned with current WSIB legislation.
25.04 In cases of disagreement, the Labour Relations Department and the Union will work together on
resolving the issue.
ARTICLE 26 – LEAVE OF ABSENCE
26.01 The Company may grant a leave of absence without pay to any seniority employee for legitimate
personal reasons. An employee shall continue to accumulate seniority while on such leave of
absence. A leave of absence shall not exceed forty-five (45) calendar days. The Company will
assess each leave of absence on a case per case basis for an extension.
26.02 Application for leave of absence for personal reasons shall be made on forms supplied by the
Company and must be submitted to the Department Manager at least two (2) weeks prior to the
commencement of the leave. Permission for these leaves of absence shall be at the discretion of
the Company. A response shall be provided to the employee within one (1) week from the date
of application. The two (2) weeks notice can be waived for emergency or compassionate
reasons.
26.03 Incarceration Leave
The Employer will grant a leave of absence to any employee who is convicted under the
provisions of the Highway Traffic Act (Ontario) relating to offences arising out of the operation of
a motor vehicle (the same to include driving a motor vehicle while intoxicated) if the employee is
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sentenced or charged to a term of imprisonment of not more than one hundred and eighty (180)
days. Such leave of absence shall be unpaid.
26.04 An employee of the Company elected or appointed to a full time position in the Local or National
Union of the CAW shall be granted a leave of absence by the Company. Such leaves will remain
in effect until notice to cancel such leave is given by the Union.
Employees who are granted a leave under the above sentence shall have their seniority and all
benefits, including any pension rights, continue while on such leave to the Local Union and will
have their seniority and any pension rights continue while on a leave to the National Union.
26.05 Union leaves of absence to attend Union business outside of the Plant will be discussed with the
Plant Chairperson and Labour Relations, once mutually agreed upon the leave will be granted.
The Company will pay the employee’s wages and will bill the Union monthly for full
reimbursement.
26.06 Public Leave of Office
An employee of the Company elected or appointed to a full time Federal, Provincial or local
Public office shall be granted a leave of absence by the Company. Such leaves shall remain in
effect for the term of office. Additional leaves of absence for service in such office shall be
granted upon written application by the employee.
Employees who are granted a leave of absence under the above sentence shall continue to
accrue seniority and any pension rights during said leave.
26.07 Pregnancy / Parental / Adoption Leaves
An employee will be granted a Pregnancy / Parental / Adoption Leave pursuant to the
Employment Standards Act.
26.08 Any employee who is found to have falsified the reason for a leave of absence shall be subject to
discipline up to and including discharge.
26.09 All leaves of absence in this agreement are unpaid unless otherwise stated.
ARTICLE 27 – PAID EDUCATION LEAVE
27.01 The Company agrees to pay into a special fund three cents ($0.03) per hour per employee for all
compensated hours for the purpose of providing paid education leave. Said paid education leave
will be for the purpose of upgrading the employee skills in all aspects of Trade Union functions.
Such monies to be paid on a quarterly basis into a trust fund established by the National Union,
CAW and sent by the Company to the following address:
CAW Paid Education Leave Program,
205 Placer Court
North York, ON M2H 3H9
27.02 The Company further agrees that members of the Bargaining Unit, selected by the Union to
attend such courses will be granted a leave of absence without pay for twenty (20) days class
time, plus travel time where necessary. Said leave of absence to be intermittent over a twelve
(12) month period from the first day of leave.
Employees on said leave of absence will continue to accrue seniority and benefits during such
leave.
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ARTICLE 28 – BEREAVEMENT LEAVE
(a) Full time seniority Team Members will be granted three (3) regularly scheduled work days off with pay
immediately following the date of death (excluding weekends) for the purpose of making arrangements
and attending the funeral in the event of the death of any of the following:
Current Spouse
Child/Step-child
Parent/Step-parent
Brother/Step-brother, Sister/Step-sister
Grandparents, Grandchildren
Current Mother/Father-in-law
Current Son/Daughter-in-law
(b) The Employer will pay for time lost, exclusive of Saturday, Sunday and paid holidays, for a maximum
of one (1) consecutive working days' pay at his/her straight time, hourly rate, up to and including the day
of the funeral, to a seniority employee who has been absent from work due to the death of the
employee's sister-in-law, brother-in-law or grandparent of a current spouse.
(c) For the purposes of this agreement, the Company will recognize a common-law relationship as
defined in the Family Law Act and provided the employee has supplied the Company with a written record
of the Common-law relationship. Common-law relationship will include any relatives as though they were
legally married. Once Common-law relationship is established, all previous in-law relationship will not be
excused for bereavement.
(d) A Team Member who is on vacation or holidays when a death of a relative as defined above will be
allowed days as a bereavement leave following the vacation or holidays. Bereavement must be taken
within ten (10) days of the death.
(e) Bereavement pay will not be paid in addition to any other type of allowable pay for the same day(s),
such as holiday, vacation pay, short term disability or any other days that would have been used when not
performing work for the Company.
(f) Additional unpaid time off or Leaves of Absences may be considered by the Company.
(g) In the event a member of the employee’s immediate family as defined above, dies and requires
repatriation, and the funeral is delayed, the employee may have his/her bereavement leave from work
aligned with the date of the funeral.
ARTICLE 29 – JURY DUTY
29.01 The Company will make up the difference between the amount of money per day an employee
received while serving as a member of a jury, including coroner’s juries, to an amount equal to
the normal eight (8) hours pay which he/she would have been eligible to receive for working that
day. Payment will be made upon presentation of appropriate documentation.
29.02 An employee who, by reason of any summons, subpoena, writ, petition or other legal process,
is required by law to do anything, shall be granted an immediate unpaid leave of absence for the
period of time required for such employee to complete anything that the employee is required to
do by reason of any such summons, subpoena, writ, petition or other legal process and the
employee shall retain and accumulate seniority and benefits while on such leave of absence.
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ARTICLE 30 – VACATION SCHEDULING
The following procedure will apply to vacation scheduling:
(a) In January of each calendar year employees may make application for vacation time off, indicating
first, second and third choices.
(b) Management will have discussions that: (i) employees will be given time off the job through a normal
vacation scheduling program consistent with the need for maintaining efficient operations or (ii) a plant
vacation shutdown will be scheduled during prime time. If a plant vacation shutdown is scheduled:
employees with 80 hrs or less vacation entitlement must utilize forty (40) hours as vacation during said
shutdown. Employees with 120 hrs or more vacation entitlement must utilize eighty (80) hours as
vacation during said shutdown (if it’s a 2 week shutdown).
(c) In the event Management selects the option of a plant vacation shutdown-Prime Time (July or
August), the Union will be advised in writing no later than May 1st
. Employees selected to work during
such shutdown will be given vacation time off the job through a normal vacation scheduling program
during periods other than the shutdown period.
(d) Vacations will be mandatory (within the current calendar year).
(e) Vacation time preference within the classification will be given to the employee with the greater
seniority.
(f) Vacation time will be given by seniority up to June 1st
(inclusive). After the June 1st
date, the company
will have the option to assign vacation periods to that employee.
ARTICLE 31 – HOLIDAY PAY PLAN
31.01 Unless otherwise provided herein, each employee who meets all of the eligibility rules below
shall be paid eight (8) hrs of his / her regular hourly wage rate for the day of observance.
2011
Good Friday April 22
Victoria Day May 23
Canada Day July 01
Labour Day September 05
Thanksgiving October 10
Christmas Holiday December 22
Christmas Holiday December 23
Christmas Holiday December 26
Christmas Holiday December 27
Christmas Holiday December 28
Christmas Holiday December 29
Christmas Holiday December 30
2012
New Year’s Day January 02
Good Friday April 06
Victoria Day May 21
Canada Day July 2
Labour Day September 03
Thanksgiving October 8
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Christmas Eve December 24
Christmas Day December 25
Boxing Day December 26
Christmas Holiday December 27
Christmas Holiday December 28
New Year’s Eve December 31
2013
New Year’s Day January 01
Good Friday March 29
Victoria Day May 20
Canada Day July 01
Labour Day September 02
Thanksgiving October 14
Christmas Eve December 24
Christmas Day December 25
Boxing Day December 26
Christmas Holiday December 27
Christmas Holiday December 30
New Year’s Eve December 31
2014
New Year’s Day January 01
Good Friday April 18
Victoria Day May 19
Canada Day July 01
Labour Day September 01
Thanksgiving October 13
Christmas Eve December 24
Christmas Day December 25
Boxing Day December 26
Christmas Holiday December 29
Christmas Holiday December 30
New Year’s Eve December 31
31.02 In the event that an additional Federal or Provincial holiday is proclaimed during the life of this
Agreement, one of the holidays designated in 31.01 shall be designated and observed in lieu of
such additional Federal or Provincial holiday. The parties shall meet to determine which of the
holidays shall be so designated.
31.03 Each employee must meet the following eligibility rules to receive holiday pay:
(a) The employee shall have attained seniority as of the date of the observance of the
holiday.
(b) The employee shall have registered his/her attendance on the last scheduled work day
prior to the day of observance of the holiday, and the employee shall have registered
his/her attendance within one hour of his/her regular starting time on the next
scheduled working day following the day of observance of the holiday, unless the
employee is able to provide his/her Supervisor with satisfactory reason for his/her
failure to qualify under this section. Any dispute in this respect will be subject to the
grievance procedure.
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(i) In the case of the Christmas holiday period, (December 26 through the
following December 30 in 2011, starting December 24 through the following
December 31 in 2012; starting December 24 through the following December
31 in 2013, and in 2014 starting December 24 through the following December
31) a seniority employee absent without excuse on both the last scheduled
working day prior to and the next scheduled working day after a Christmas
holiday period shall be ineligible for holiday pay for all of the holidays within
the Christmas holiday period. A seniority employee absent without excuse on
either the last schedule working day prior to or the next scheduled working day
after a Christmas holiday period shall be ineligible for two (2) of the holidays
for which he/she would otherwise be eligible in the Christmas holiday period,
but shall, if otherwise eligible, receive pay for the remaining holidays in the
Christmas holiday period.
(c) Seniority employees who have been laid off (Temporary) or are on an approved leave of
absence during the work week in which the holiday falls shall receive pay for such
holiday.
(d) An employee who has accepted a holiday work assignment and then fails to report for
and perform such work shall receive payment for the holiday only on condition that
he/she furnishes satisfactory explanation to his/her Supervisor for his/her failure to
report, any dispute in this respect subject to the grievance procedure.
ARTICLE 32 – TECHNOLOGICAL CHANGE
32.01 Definition
"Technological change" is defined as changes in technology to the process, equipment or
methods of production that differs significantly from that previously utilized by the Company.
32.02 Advance Notice
In the event of a technological change as defined above, the Company will give the Union as
much notice as possible.
32.03 Consultation
In the event of a technological change as defined above, the Company will meet with the Union
committee within five (5) working days of the advance notice to advise and discuss the nature of
the technological change, the approximate date the Company proposes to effect the change, the
approximate number of employees likely to be affected by the technological change and the
effect the technological change may have on the working conditions and conditions of
employment.
32.04 New Positions
A new position created as a result of a technological change will be posted in accordance with
Article 12 of the Collective Agreement.
32.05 Training
Where new or greater skills are required, such employees shall, at the expense of the Company,
be provided with training to enable the affected employee to perform his/her previous job
functions as affected by the technological change. The parties agree to discuss appropriate
training for the specific changes identified.
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32.06 Protection of Bargaining Unit Jobs
No job currently performed by a bargaining unit member will be reclassified as a non-bargaining
unit job as a direct or indirect result of technological change.
ARTICLE 33 – NEW JOB
If the Company elects to create a new classification it will inform the Plant Chairperson in writing before
setting forth the classification and the rate of pay. The Union shall have five (5) working days to dispute
the rate of pay assigned to the classification. If at the expiration of five (5) working days no formal dispute
has been filed, the rate established shall be permanent. If the Company and Union cannot mutually agree
to the rate within five (5) working days, the issue will be resolved through the Grievance Procedure,
commencing at Step 3. If the rate initially established is changed as a result of the Union filing a dispute,
the new rate agreed upon shall be applied retroactively to the date it was initially established.
ARTICLE 34 – PROTECTIVE CLOTHING
The Company shall provide protective equipment as required to be worn by Company rules and will make
provisions for the health and safety of its employees.
Safety Glasses
All employees shall wear safety glasses with side shields. The Company agrees to furnish, without charge
to the employee, safety glasses.
The Company agrees to replace, without charge to all employees, all safety prescription ground
eyeglasses which are broken or damaged while the employee is at work and not the result of horseplay.
The Company agrees to furnish without charge safety prescription ground glasses to all employees as
required. The Company will secure glasses from a preferred vendor that meets CSA approval and
Company Policy. Authorization must be received from the Labour Relations Department.
Safety Shoes
The Company will pay $85 towards the purchase of CSA approved safety shoes per year from an approved
supplier.
Coveralls
Team Members are required to wear coveralls during their shift. The Company will provide:
• 3 pairs per employee
• Wash
• Replace due to wear and tear
• If damaged during course of work, the Company will replace the coveralls once a signed
“Personal Property Damage” form has been signed by the Supervisor.
• Malicious damage – Employee will be responsible for the total cost of replacement; through
payroll deduction.
ARTICLE 35 - PAYDAY
Team Members will be paid every Friday. Each Team Member’s pay will be deposited to their individual
accounts at the bank of their choice. Each Team Member will receive a statement of his or her earnings
and deductions every Friday. Each Team Member will be paid one week in arrear.
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ARTICLE 36 – NEW EMPLOYEE ORIENTATION
36.01 The Employer agrees to acquaint new employees with the fact that a Collective Agreement is in
effect and with the conditions of employment set out in the articles dealing with Union Security
and Dues Check-off. A new employee shall be advised of the name and location of his/her Union
representative. Whenever the Union representative is employed in the same work area as the
new employee, the employee's immediate supervisor will introduce him/her to his/her Union
representative who will provide the employee with a copy of the Collective Agreement. The
Employer agrees that a Union representative will be given an opportunity to interview each new
employee within regular working hours, without loss of pay, for fifteen (15) minutes sometime
during the first thirty (30) days of employment for the purpose of acquainting the new employee
with the benefits and duties of Union membership and the employee's responsibilities and
obligations to the Employer and the Union. Such a meeting may not cause any significant
disruption with any of the employee’s responsibilities.
36.02 Employees transferring to a Nemak Canada location in Windsor, Essex County will be provided a
Plant orientation to be jointly established by the CAW, Nemak Canada and the Joint Health &
Safety Committee.
This will ensure that employees have information required to become fully contributing
members of higher performing Teams within the Nemak Canada Operations.
ARTICLE 37 – HEALTH AND SAFETY
37.01 The Company and the Union will make every effort to comply in a timely manner with all
applicable legislation pertaining to the Health and Safety of the employees of the Company.
37.02 The Union and the Company agree to actively promote measures to ensure the Health and Safety
of all employees.
All employees are required to comply with all Health and Safety legislation and Company policies
as a condition of continued employment.
37.03 The Joint Health and Safety Committee (JHSC) will have a total of four (4) members, two (2)
representing the Union, who are elected or appointed and two (2) representing management.
37.04 Each member of the Joint Health and Safety Committee (JHSC) shall be certified as required.
37.05 The Joint Health and Safety Committee shall meet during regular working hours at least once
each month and, where meetings are urgently required as a result of an emergency or other
special circumstance, the Committee shall meet as required.
37.06 The Health and Safety Committee shall have the following responsibilities:
a) It shall participate in inquiries and investigations as outlined in the Occupational Health
and Safety Act;
b) It shall regularly monitor programs, measures and procedures related to the Health and
Safety of employees;
c) It may request from the Company such information as the committee considers
necessary to identify existing or potential hazards with respect to materials, processes
or equipment in the workplace;
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d) It shall have full access to all Government and Employer reports relating to the health
and safety of the employees but shall not have access to the medical records of any
person, except with the consent of that person;
e) It may contribute and promote health and safety programs for the education of the
employees;
f) It shall ensure that adequate records are kept on workplace accidents, injuries and
health hazards and it shall regularly monitor data relating to those accidents, injuries
and hazards; and
g) It shall receive, consider and make recommendations on complaints regarding the
health and safety of employees.
HEALTH, SAFETY AND ENVIRONMENT
MINIMUM POSITION
1. Company Duties
The Company shall institute and maintain all precautions to provide every worker a safe and
healthy workplace. The Company, the Union and all employees shall comply with all applicable
health and safety legislation and regulations.
2. Joint Health and Safety Committee
a) Without limiting the generality of the foregoing, the committee shall:
i) Determine that inspections have been carried out at least once a month by the
Union and Company JH&S committee members or designates as outlined in the
OHSA.
ii) Recommend measures required to attain compliance with appropriate
government regulations and the correction of hazardous conditions.
iii) Consider recommendations from the workforce with respect to health and
safety matters and recommend implementation where warranted.
iv) Hold meetings at least once a month for the review of:
- Reports of current accidents and occupational diseases, their causes
and means of prevention;
- Remedial action taken or required by the reports of investigations or
inspections; and
- Any other matters pertaining to health and safety.
v) Record the minutes of the meetings which shall be signed by the Union,
Company and JH&S Committee, will be distributed to the committee members,
posted on the bulletin boards and sent to the Local Union and National Union
representative.
vi) Time spent by members of the committee in the course of their duties shall be
considered as time worked and shall be paid in accordance with the terms of
this agreement.
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3. Right to Refuse
a) The Company shall ensure that all employees are informed that they have the right to
refuse hazardous work which may harm them or any person and that signs are posted in
the workplace advising them of this right.
b) When a worker exercises his or her right to refuse he or she shall notify the supervisor
who shall promptly notify the Company and Union safety committee member or
designate who shall participate in all stages of the investigation. The worker shall stand
by at a safe place and participate fully in the investigation of the hazard.
c) The Company shall ensure that no other worker is asked or permitted to perform the
work of the worker who refused unless the second worker is advised of the reasons for
the work refusal in presence of the Company and Union safety committee member and
refusing worker.
d) If the Union and Company H&S committee members and the worker cannot agree on a
remedy to the work refusal, the government inspector shall be called in.
e) No employee shall be discharged, penalized, coerced, intimidated or disciplined for
refusing hazardous work or for acting in compliance with the act or the regulations.
4. Accident and Incident Investigations
All injury or near-miss which involves a worker will be discussed by the JHSC.
5. Education and Training
No employee shall be required or allowed to work on any job or operate any piece of equipment
until he/she has received proper education, training and job instruction prior to job start.
The plant will establish a safety talk program with participation from the JHSC.
6. Right to Accompany Inspectors
The Union member of the JHSC shall accompany governmental inspectors and National Union
representatives on plant inspection tours; also accompany persons appointed by the Company
who have professional training in industrial hygiene or safety on regular plant surveys and upon
request receive results of such surveys.
7. Access to the Workplace
Union health and safety staff or Union consultants shall be provided access to the workplace and
to attend meetings of the committee or Union committee or for inspecting, investigating or
monitoring the workplace.
8. Protective Clothing and Equipment
The Company shall provide all employees whose work requires them to wear protective devices
with the necessary tools, equipment and protective clothing required including safety footwear
and safety glasses (prescription, if necessary). These shall be maintained and replaced, where
necessary, at the Company's expense.
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Safety Shoes
The Company will pay up to $85.00 towards the purchase of CSA approved safety shoes once
every twelve (12) months to any employee required to wear them.
Employees will be able to use the on-site safety shoe truck and payroll deduction for any cost
over entitlement.
Safety Glasses
The Company will supply at (no cost to employees) safety glasses to any employee required to
wear them.
If an employee requires prescription safety glasses, the Company will furnish these glasses from a
preferred vendor that meets CSA and Company policy.
9. Injured Workers Provisions
An employee who is injured during working hours and who is required to leave for treatment or
is sent home as a result of such injury shall receive payment for the rest of the shift at his/her
regular rate of pay.
ARTICLE 38 – JOB DESCRIPTIONS AND CLASSIFICATIONS
38.01 Job Classifications
Every employee covered by this agreement will be classified in a wage classification with specific
job responsibilities as detailed in the job description associated with that wage classification.
38.02 Job Description
Job descriptions that have been agreed to between the Company and the Union shall not be
changed or altered during the life of this agreement, without mutual consent between the
Company and the Union or as required to meet customer demands.
The Company and the Union agree to draw up job descriptions for all postings and classifications.
These descriptions shall become the recognized job descriptions.
ARTICLE 39 - LOCKERS
The Company agrees to provide lockers to all Team Members. Such lockers shall be assigned and placed
in areas designated by the employer.
ARTICLE 40 – RATES OF PAY
40.01 Rates of pay for this Collective Agreement are as follows:
A) Ford Transferees
Production Team Members
$19.50 per hour to start with an increase to $20.00 per hour on their one year anniversary,
an increase to $20.30 per hour on their second year anniversary and an increase to $20.71
per hour on their third year anniversary.
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Skilled Trades Team Members
$26.33 per hour to start with an increase to $27.00 per hour on their one year anniversary,
an increase to $27.41 per hour on their second year anniversary and an increase to $27.95
per hour on their third year anniversary.
B) New Hires
Production Team Members
$16.58 per hour to start with an increase to $17.95 per hour on their one year anniversary,
an increase to $19.33 per hour on their second year anniversary and an increase to $20.71
per hour on their third year anniversary.
Skilled Trades Team Members
$23.69 per hour to start with an increase to $25.11 per hour on their one year anniversary,
an increase to $26.53 per hour on their second year anniversary and an increase to $27.95
per hour on their third year anniversary.
ARTICLE 41 – SWIPE CARDS
41.01 All bargaining unit employees upon implementation of the Collective Agreement will have an
identification card with photo. All employees will be required to utilize their access cards to
enter and exit the facility.
41.02 The access card will be utilized for timekeeping purposes which will be reviewed by the Company
on a periodic basis.
41.03 The access card timekeeping data will not be utilized for disciplinary purposes.
ARTICLE 42 – SHIFT PREMIUM
42.01 The following shift premiums will be paid for the following times:
Days – (2nd Shift)
Start time after 5:00 a.m. and on or before 10:30 a.m. will be zero (0) shift premium.
Afternoons – (3rd Shift)
Start times after 10:30 a.m. and on or before 7:30 p.m. will be paid an additional 35¢/hr over the
applicable base hourly rate.
Midnights – (1st Shift)
Start times after 7:30 p.m. and on or before 5:00 a.m. will be paid an additional 50¢/hr over the
applicable base hourly rate.
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ARTICLE 43 – BENEFITS
43.01 The Company will provide a comprehensive health and insurance plan to all eligible seniority
employees and their eligible dependents. The Company health plan will be administered by
Green Shield as the carrier, effective with the start date of this Collective Agreement. The cost of
the benefits below, to the extent allowable under the plan, including any and all premiums shall
be paid one hundred percent (100%) by the Employer unless otherwise stated below.
1. Prescription Drugs
a) Fifteen percent (15%) co-pay with an annual out-of-pocket family maximum as
follows: year one (1) $270, year two (2) $280, year three (3) $290, year four (4)
$300.
b) Mandatory generic.
2. Paramedical Services - Family benefit maximum of $300 per calendar year per
practitioner for services rendered by a registered and licensed chiropractor,
osteopath, naturopath, podiatrist, physiotherapist, psychologist, masseur and
speech therapist.
3. Program Treatment (Substance Abuse) - Family benefit maximum of $8,100 per
lifetime.
4. Vision Coverage - Per person benefit maximum of $300 every 24 months (includes
one eye exam).
5. Out of Province/Country Coverage - Includes emergency medical treatment and
referrals (for care not available in Canada).
6. Dental - Per person combined benefit maximum of $2,200 per calendar year for
routine care, dentures, crowns and bridgework.
a) Ten percent (10%) co-pay on routine care with an annual out-of-pocket family
maximum as follows: year one (1) $270, year two (2) $280, year three (3) $290,
year four (4) $300.
b) Fifty percent (50%) co-pay for major services (dentures, crowns and
bridgework).
c) Fifty percent (50%) co-pay on orthodontics for dependents under 21 years of
age with a per person benefit maximum of $2800 per lifetime.
7. Group Life Insurance and Accidental Death & Dismemberment (AD&D) - 100%
coverage for one times (1.0x) base annual earnings for life insurance and AD&D
equal to the group life insurance amount.
8. Optional Life Insurance - Additional group life insurance is offered for purchase by
the employee via payroll deductions.
9. Travel Assistance - Green Shield offers travel assistance through Mondial when
travelling outside of Ontario.
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10. Short Term Disability (STD) - 66.67% of weekly base wages with coverage as
follows:
Accidents Payable 1st
day
Admission to hospital Payable 1st
day
Sickness Payable 7th
day
Duration Maximum of 26 weeks
11. Long Term Disability (LTD)
a) 60% of weekly base wages.
b) Eligibility commences upon exhaustion of weekly indemnity benefits or the
cessation/reduction of W.S.I.B. benefits.
c) Coverage is available up to a maximum of five (5) years following the first day
of disability.
d) “Disability” for the purposes of the Plan shall be defined as totally disabled
from the employee’s own occupation for the waiting period (26 weeks) and the
next one (1) year of disability; from then on the end of eligibility, totally
disabled from any occupation which the employee is reasonably fitted by
education, training or experience.
43.02 In the event of layoff, all coverage shall be maintained for the following periods (with the
exception of weekly indemnity and extended disability benefits):
a) Up to two (2) years seniority, one (1) month following the month when employment is
interrupted.
b) Two (2) years seniority and over, two (2) months following the month when employment is
interrupted.
Employees returning from layoff who have been removed from the active benefit listing shall be
reinstated to all benefits on the first of the month following their return to active employment.
43.03 If an employee is receiving weekly indemnity, workers’ compensation or extended disability
benefits, he/she and his/her eligible dependents will be covered for all benefits listed in Article
43 for the duration of the period under which such benefits are received.
43.04 The benefits set out in this article and the eligibility for such benefits shall not be altered and/or
modified during the life of this Agreement except by the mutual agreement of the Union and the
Company, or to reflect legislative changes.
43.05 In the event that the Company changes insurance carriers over the term of this Collective
Agreement, the benefit level will remain unchanged. The Company will provide thirty (30) days
prior notice to the Union.
43.06 The term “eligible dependents” is to include Team Member’s spouse, all dependents to the age
of 21 or 25 if still attending full time school (proof of schooling to be provided annually) and to
any age if physically or mentally handicapped.
43.07 If a dispute shall arise pertaining to this benefit plan and such dispute does not involve a
difference of opinion between two legally qualified physicians, the dispute shall be handled in
the following manner:
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1. The employee, the Union and the Company shall review the matter.
2. If an agreement is not reached at such meeting, the Union may present a grievance as
described in the grievance procedure of the Collective Agreement and such grievance shall
be discussed within five (5) working days from the date the grievance was submitted to
the Company (unless it is mutually agreed to extend the period).
3. If the matter is not resolved through the grievance procedure, the arbitration provision of
the Collective Agreement may be invoked.
43.08 If a dispute shall arise involving a difference of opinion between two legally qualified physicians;
the dispute shall be handled in the following manner:
1. The employee shall continue on disability claim during the period of dispute. The Company
shall have the right to recover the monies by the means available, including from vacation
monies, if it subsequently determined that the employee was not entitled to such
benefits.
2. The Union and the Company shall review the matter and determine the type of third party
medical opinion (i.e. General Practitioner or Specialist).
3. The Union and the Company shall agree on the legally qualified physician who will render
the binding third party opinion. Agreement on the third party shall be reached in a
reasonable and expeditious manner.
43.09 In cases where a W.S.I.B. claim is in dispute or is being adjudicated, the Company will pay weekly
indemnity benefits, subject to an appropriate waiver, provided the employee meets the eligibility
requirements for weekly indemnity benefits. The Insurance Carrier must adjust coverage to
cover claims for this provision.
The Company shall have the right to recover the monies by any means available, including from
vacation monies, if it is subsequently determined that the employee was not entitled to such
benefit.
If an employee is receiving weekly indemnity, workers’ compensation or extended disability
benefits, he/she and his/her eligible dependents will be covered for all benefits listed in Article
43 for the duration of the period for which such benefits are received.
ARTICLE 44 – DEFINED CONTRIBUTION PENSION PLAN (DCPP)
44.01 On the first day of the month after one year of continuous permanent service with Nemak of
Canada, an automatic contribution of 3.5% of base wages will be made towards an
employee’s DCPP. In addition, an employee may make voluntary contributions of 0%, 1%, 2%, or
3% of their base wages to their DCPP.
44.02 For Ford Transferees, the DCPP waiting period is waived.
44.03 Company contributions to an employee’s DCPP become vested after an employee attains two (2)
years of plan membership.
44.04 Plan withdrawals and/or transfers are subject to the rules dictated by the Ontario Pension
Benefits Act, including any applicable taxes.
30
ARTICLE 45 – VACATION PAY
45.01 Employees will have the following paid vacation eligibility:
Years of Service
0-1 Up to 80 hours or 4% whichever is greater
1-5 80 hours
5-20 120 hours
20+ 160 hours
45.02 Ford Transferees carry over seniority for the purpose of vacation eligibility
ARTICLE 46 – NATIONAL DAY OF MOURNING
46.01 The Company agrees to allow employees one (1) minute silence at 11:00 a.m. on April 28th
of
each year in observance of those workers killed on the job.
ARTICLE 47 – SOCIAL JUSTICE FUND
47.01 The Company agrees to pay into a special fund one cent ($0.01) per hour per employee for all
compensated hours for the purpose of contributing to the C.A.W. - Social Justice Fund. The Fund
is a registered non-profit charity which contributes to Canadian and international non-partisan,
non-governmental relief and development organizations. Such monies are to be paid on a
quarterly basis into the fund established by its Board of Directors and sent by the Company to
the following address:
C.A.W. Social Justice Fund
205 Placer Court
North York, ON M2H 3H9
ARTICLE 48 – FIRST AID
Windsor Aluminum Security will be first responders to any medical/illness injury occurring on all shifts as
they are trained in Emergency First Aid. If additional treatment is necessary the employee will be
transported by cab or ambulance to a medical clinic or local hospital.
Security will also be responsible for collecting all information (personal and/or occupational injury/illness)
following the guidelines of the Privacy Act.
Current First Aid facility will be maintained with First Aid supplies as required.
ARTICLE 49 – MEDICAL CERTIFICATES
49.01 Where an employee is required to produce a certificate from a medical practitioner for any
illness or filing of a medical form where a claim is made under a sick leave plan, the full cost of
such certificate or insurance form, will be paid by the Company.
ARTICLE 50 – CONTRACTING IN AND CONTRACTING OUT
50.01 The Company shall not contract in and/or contract out, any non-core production work which is
customarily performed by an employee covered for the duration of this Agreement.
31
ARTICLE 51 – WORK BY NON BARGAINING UNIT PERSONS
The parties agree that non-bargaining unit employees should give full attention to their primary
responsibility – mainly to manage the operations of the business. Accordingly, it is not the intent of the
Company to utilize salaried employees or other non-bargaining unit employees to perform bargaining unit
work.
Supervisors, salaried employees and/or other employees who are not members of the bargaining unit
may perform bargaining unit work when required by business needs, in the reasonable judgment of the
parties. Examples of business needs include:
• Instruction or training of bargaining unit employees.
• Improving processes and/or the functioning of equipment with the assistance of a
bargaining unit employee(s).
• Experimental projects during model changes with the assistance of a bargaining unit
employee(s).
• Troubleshooting during equipment breakdowns or other unforeseen interruptions of
production with the assistance of a bargaining unit employee(s).
ARTICLE 52 – TRAINING, RETRAINING AND REFRESHER COURSES
52.01 a) Training, retraining and refresher courses shall be given as needed to employees during
regular working hours at straight time rate. In the event that training, retraining and
refresher courses take place outside an employee’s regular working hours, he/she shall
be paid applicable overtime rate of pay.
b) In the event of the introduction of any new process, machinery or equipment, where
new or greater skills are required than are already possessed by affected employees,
such employee shall be provided with whatever amount of training he/she requires
during his/her hours of work with full pay. No employee will be assigned to a new
machine or equipment to service, without proper training.
c) The Company will provide reasonable transportation, room and board to employees
who are required to attend Company’s training, retraining or refresher courses at
locations other than their work base.
ARTICLE 53 – DURATION OF AGREEMENT
53.01 The agreement shall be effective from the 1st day of January, 2011 to and including the 31st
day
of December, 2014. Either party shall be entitled to give notice in writing to the other party as
provided in the Labour Relations Act of its desire to bargain with a view to the renewal of the
expiring collective agreement at any time within a period of ninety (90) days before the expiry
date of the agreement. Following such notice to bargain, the parties shall meet within fifteen
(15) days of the notice or within such further period as the parties mutually agree.
53.02 It is agreed that during the course of bargaining, it shall be open to the parties to agree in writing
to extend this agreement beyond the expiry date of the 31st
day of December, 2014, for any
stated period acceptable to the parties and in accordance with the Labour Relations Act.
32
53.03 It is understood that, during any negotiations following upon notice of termination or notice or
amendment, either party may bring forward counter proposals arising out of or related to the
original proposals.
53.04 Provided that for purposes of all notices under this article, notice in writing shall be deemed to
have been received by the party to whom it is sent upon the mailing of such notice by registered
mail addressed to the current address of the other party.
ARTICLE 54 – ATTENDANCE POLICY
The Company and the Union recognize the importance of employees being at work.
Upon implementation of the collective agreement an attendance policy will be established. The Company
and CAW Local 200 President or designate will mutually agree prior to implementation.
ARTICLE 55 – SKILLED TRADES
55.01 Skilled Trades Classifications:
NCC will have 6 skilled trades classifications
Electrician,
Industrial Mechanic Millwright,
Mechanic
Tinsmith
Welder
Steamfitter/Plumber/Pipefitter
The IMM trade will comprise employees from the Millwright trade, Steamfitter and Plumber
trade, Machine repair, Tinsmith and welder trades to support the ongoing business. The
Company agrees to hire a proportional amount of these trades to enter the IMM trade so long as
both the Company and Union agree that this amount will support the business needs. The Union
and Company will ensure that once the trades that require the necessary skill set training at a
governmental approved facility are complete, the process of skill set sign-off will be done in a
timely manner. During bargaining discussions, the Company and Union agreed to discuss the
possibility of developing in-house training to save on training costs for sign-off.
The remaining stand alone trades will function within their specific trades classifications in order
to ensure the necessary skill sets are in place to perform the specialized work and to abide by
legislated work assignments. To ensure full utilization of the Skilled Trades work force, it is
agreed that these stand alone trades may be utilized at times outside of their specific trade
classification. It is further agreed that these certain conditions will be of the nature where all
other avenues have been exhausted and priorities have been evaluated. The work that these
trades are asked to perform must be within their capabilities and safety must hold paramount.
The Company and Union agree that during the implementation of the IMM trade, there may be
times when the selection of overtime in the agreement may not be applicable. It is therefore
agreed that during the transition, the Company and Union will meet to discuss the principle of
fair and equitable overtime sharing.
33
55.02 Classification Flexibility
The Company and Union recognize that there will be occurrences when Skilled Trades will be
absent from their operating shift due to unforeseen and unplanned circumstances. During these
occurrences the Company agrees to cover the classification with overtime consistent with the
overtime asking process. If the Company is unable to get the appropriate classification in to cover
the absence, the Company may utilize another trade classification to perform the duties so long as
the trade classification can safely perform the work within their capabilities. The Company and
Union agree to sit down on a periodic basis to discuss any concerns with the flexibility process.
The Company and Union also recognize, to ensure continuous flow of the production operation,
that skilled trades employees may be needed by their production teams to participate in
production activities incidental to their core role, and/or to address special cause events or
breakdowns adversely impacting the team’s operations. The Company recognizes that they will
not use skilled trades employees to solely replace a production classification.
55.03 New Technology
During negotiations the parties discussed concerns regarding the introduction of new technology
in the plants and its impact on the Skilled Trades workforce. Recognition was given to the role of
the Skilled Trades workforce and their contributions to the competitiveness of the Company.
Recognition was also given to the need for a cooperative attitude toward technological progress
on the part of all parties ensuring the Company’s growth and ability to compete effectively.
The Company understands the Union’s legitimate concern that ongoing changes in technology
may alter, modify, or otherwise change the job content and responsibilities of the Skilled Trades
employees at the Plant. The Company is interested in affording maximum opportunities for the
skilled trades employees to progress with advancing technology and, as a result, the Company
shall make available appropriate training programs so that Skilled Trades employees, including
apprentices, will be capable of performing the new or changed work. Whenever practicable,
training will be made available prior to new equipment entering the plants.
55.04 Job Security
The Company has a commitment to the skilled trades employees that there will be no reduction
of skilled trades employees as a result of outside contracting throughout the life of the
agreement specifically:
a. Planning - Plant management will meet semi-annually to review with the CAW Skilled
Trades representatives projected workloads regarding the installation, construction,
maintenance, repair, service, and warranty work of existing or new equipment and
facilities. This review shall by no means form an agreement by the Company that all work
will be completed. It is more of a general list of potential work for the upcoming six (6)
months.
b. Information - Advance notice of outside contract activities will be provided in situations
other than emergencies and non-traditional work at least ten (10) days in advance to
permit meaningful discussion and a careful analysis of the Company’s workforce
capabilities in connection with the subject work. This written notice will provide the
Union with all available information on the nature of work, including plans and the
number of trades persons required to perform the work. Shelf type items that can be
purchased from local suppliers will not be considered as contracting out. These items
include but are not limited to toolboxes, cabinets, tables, carts, etc. The Company will
34
however, agree to allow the Skilled Trades the opportunity to challenge the
competitiveness of the off the shelf buying if the pricing seems to be non-competitive.
c. Layoff Recall – When Skilled Trades employees are on layoff in a classification, the nature
of which they customarily perform, and consideration is being given to outside contracting
said work, Nemak Canada trades employees will be given the first priority for the work,
before letting the contract out provided they can perform the available work within the
timeline provided.
d. Full Utilization – It is the policy of the Company to fully utilize its own employees in
maintenance skilled trades classifications in the performance of maintenance and
construction work so long as normal maintenance and production support activities are
not compromised and the employees can perform the work within the timeline provided.
55.05 Union Securities
The Company agrees to deduct the Canadian Skilled Trades Council dues as adopted by the
Canadian Skilled Trades Council, ½ hour per year.
The first such dues deduction will be made from the employee’s first pay following completion of
their probationary period. Thereafter, dues deductions will be made in January of each
succeeding year or upon completion of one month’s work in the calendar year. These
deductions along with the names of the employees shall be remitted to the financial secretary of
the local Union.
55.06 Apprenticeship Program
The Company and the Union agree to negotiate an apprenticeship program. The apprenticeship
standards will be in keeping with the standards of the National Union CAW. The apprenticeship
standards when completed will be considered as an inseparable part to this Skilled Trades
agreement. The Union recognizes that the Company will determine any timing on the start of
the apprenticeship program.
In the event that the Company decides to increase the Skilled Trades work force through
apprenticeship, or is required by legislation and/or governing bodies to hire Skilled Trades
journey persons to perform Skilled Trades functions, the Company will meet with the Union to
negotiate a Skilled Trades supplemental agreement to cover the apprenticeship program.
55.07 Trades Licenses
The Company and Union recognize that certain licenses such as IMT will be required to maintain
operations within the skilled trades classifications. The Company agrees to pay the costs
associated to these Nemak specific licenses. It will be the responsibility of the employee to
maintain their pure trades licenses along with renewal costs. The Company and Union agree to
develop a process wherein the employee’s license periodic renewal will be tracked and paid for
directly by the Company. This is to ensure that the employee continues to be in good standing
with his Nemak specific licensing.
In the event that this is not achievable as a result of the privacy act for example, it will be the
employee’s responsibility to pay for the renewal themselves which will then be reimbursed by
the Company. In the event that the license expires without proper renewal, it will be the
responsibility of the employee to pay for any additional renewal courses, fees, penalties,
retraining etc.
35
55.08 Skilled Trades Replacements (STR)
The Company and Union had extensive discussion regarding the necessity to have the availability
of having Skilled Trades Replacements (STR) to cover any permanent Trades when they are on
vacation, in training, short term illness, LOA, etc., or when looking at contracting work that the
Skilled Trades Replacements can perform. The Company and Union agree to discuss how this
pool of trades will be formed within sixty (60) days after the implementation of this agreement in
a separate letter of understanding. The Company agrees that the STR’s will be offered work in 40
hr blocks only (not by the day).
STR’s will not be used in a classification where any seniority employee is on lay-off. All seniority
skilled trades employees will be offered overtime prior to offering such overtime opportunities to
any STR within the same classification. STR’s will be covered by all aspects of this collective
agreement, excluding benefits, and are therefore required to have all applicable Union dues
deducted.
36
LETTER OF UNDERSTANDING #1
Dear Mr. Cassady,
Subject: Minor Maintenance
To achieve and sustain competitive levels of productivity and world class quality, production operators
will be required to assume a greater role and responsibility in operating and maintaining their equipment
to ensure maximum machine uptime.
Operator Ownership recognizes the involvement of employees in the care and operation of equipment
and facilities through activities that can be safely performed within their level of capability.
Production operators will perform simple tasks using common tools to safely maintain their own
production equipment within their capability. The company and union agree to form a joint committee to
discuss some of these minor maintenance and/or Preventative Maintenance activities and capabilities
including potential training as required.
Yours very truly,
NEMAK CANADA CORPORATION
Sue Tyndall
Senior Labour Relations Specialist
37
LETTER OF UNDERSTANDING #2
Dear Mr. Cassady,
Subject: Alternate Work Schedules
During 2010 negotiations, the Company and Union had discussions as they relate to alternate work
schedules. The Company agreed that the CAW Local 200 President or designate will be informed in the
event that the business warrants a change to the existing operating plan, to meet the changing needs of
the Customer. The discussion will occur within fourteen (14) days of the new shift pattern and the
Company will consider other alternatives brought forth by Local 200 President or designate based on
manufacturing efficiencies.
Example: 10hr per day Scheduling pattern at 4 days per week
• In the schedule, d, a, and m are days, afternoons, and midnights respectively (X is days off)
• Each crew works a 10 hrs shift, for a total of 40hrs
• Maintenance crew works an 8 hr shift across all 5 days to allow maintenance to occur 24hrs per day
including the Friday
Option 1 - 10 hr work schedule
Crew S M T W T F S
1 X d d d d X X
2 X a a a a X X
It is understood that an overtime rate will be paid at time and one half (1½x) the employee’s regular
hourly rate after eight (8) hours of work per day.
Work performed in excess of forty (40) hours per week will be paid at the applicable overtime rate.
(Example: Friday, time and one half (1½x), Saturday, time and one half (1½x), Sundays and holidays will
be paid at the rate of double time (2x) the employee’s regular hourly rate).
Any work performed on a Saturday will also be paid at the rate of time and one half (1½x) the employee’s
regular hourly rate.
Any work performed on a Sunday will be paid at the rate of double time (2x) the employee’s regular
hourly rate plus holiday pay for all hours worked.
It is understood that all Company holidays will be paid at double (2x) the employee’s regular hourly rate
plus holiday pay for all hours worked.
Yours very truly,
NEMAK CANADA CORPORATION
Sue Tyndall
Senior Labour Relations Specialist
38
LETTER OF UNDERSTANDING #3
Dear Mr. Cassady,
Subject: Production Classifications
During 2010 negotiations, the Company and the Union had extensive discussions regarding Production
Classification. It was agreed that Nemak Windsor Aluminum Plant would have the following
classifications:
Production Team Member
Quality Auditor
Material Handler
It was agreed upon the Production Team Member would be classified as follows within their specific
departments:
Melt Production Team Member
TSR Production Team Member
Core Production Team Member
A discussion will take place with the CAW Local 200 President or designate prior to any changes, additions
and deletions to any job classifications.
Yours very truly,
NEMAK CANADA CORPORATION
Sue Tyndall
Senior Labour Relations Specialist
39
LETTER OF UNDERSTANDING #4
Dear Mr. Cassady,
Subject: WAP Facilities
During 2010 negotiations, the Company and Union had discussions as they relate to facility items at the
Windsor Aluminum Plant. The company agrees to maintain the following facilities:
Nurses’ station
Canteen
Locker rooms
Union offices, computers, and associated office equipment
Safety office
Fitness Centre and equipment
BBQs
Ice machines
If future business needs require the above facilities to be removed due to expansion or other
production/mtce requirements, the Union and Company agree to sit down and review relocation.
Yours very truly,
NEMAK CANADA CORPORATION
Sue Tyndall
Senior Labour Relations Specialist
40
LETTER OF UNDERSTANDING #5
Dear Mr. Cassady,
Subject: Medical Notes and RTW
During 2010 negotiations, the Company and Union had discussions as they relate to medical notes and
Return to Work (RTW) at the Windsor Aluminum Plant.
Immediately following ratification of the agreement the Union and Company will meet to establish the
parameters and guidelines on a confidential process to be implemented at the Windsor Aluminum Plant.
Yours very truly,
NEMAK CANADA CORPORATION
Sue Tyndall
Senior Labour Relations Specialist
41
LETTER OF UNDERSTANDING #6
Dear Mr. Cassady,
Subject: Temporary Part Time Employees
During 2010 negotiations, the parties discussed the numerous problems associated with employee morale
and related family life issues while meeting customer demands, maintaining product quality and Plant
efficiency at the Nemak Canada.
The parties agree in principle to the establishment of a temporary worker program to be implemented at
Nemak Canada.
Immediately following ratification of the agreement the Company and the President of Local 200 or
designate will meet to establish the parameters and guidelines of a Temporary Part Time Program.
Yours very truly,
NEMAK CANADA CORPORATION
Sue Tyndall
Senior Labour Relations Specialist
42
LETTER OF UNDERSTANDING #7
Dear Mr. Cassady,
Subject: Critical Jobs
During 2010 negotiations, the Company and Union had discussions as they relate to Critical Jobs &
Holding out of Seniority at the Windsor Aluminum Plant.
In the event of a reduction-in-force at the Windsor Aluminum Plant, no displacements of key jobs will be
made until there are trained replacements available.
These jobs will be mutually identified by the President of Local 200 or designate and the Company.
During the training period, employees may be retained at work out of line of seniority in order to maintain
operational efficiencies.
Yours very truly,
NEMAK CANADA CORPORATION
Sue Tyndall
Senior Labour Relations Specialist
43
LETTER OF UNDERSTANDING #8
Dear Mr. Cassady,
Subject: Product / Work Ownership and Full Plant Closure
Product / Work Ownership
The Parties agree that the transfer of new program work between corporate plants after this Collective
Agreement has been in effect for two (2) years shall not constitute “contracting out” for the purpose of
this Agreement. Upon expiry of the two (2) year period, the Company agrees to provide the Union with a
minimum of sixty (60) days notice in the event that a transfer of new program work occurs.
With regard to the existing GM 3.6L HF large bore block program, the Parties recognize that Windsor
Aluminum Plant will continue to be the overflow Nemak production source in support of global Customer
demand for this product. As such, any Customer volume requirements for the GM 3.6L HF large bore
block that exceed the Nemak production capacity in Mexico on a thirty-six (36) shifts per week shall be
allotted to Windsor Aluminum Plant up to fifteen (15) shifts per week for a period of two (2) years
following the effective date of this Collective Agreement.
Full Plant Closure
In the event that a full plant closure occurs during the life of this Agreement, the Company will notify the
Local and National Union at least sixty (60) days prior to the cessation of operations. Following such
notification, the Local and National Union will have the right to discuss and explore with the Company any
possible means of averting the closure.
If attempts to avert the plant closure are not successful, the Company will pay severance to seniority
employees totalling two (2) weeks of base wages per Nemak year of service up to a maximum of eight (8)
weeks severance.
It is understood that all employees and Union Committeepersons will make every effort to maintain the
efficiency of operations during any period of notification.
For the Company
Lloyd Maisonville
Dan Soulliere
Mark Provost
Sue Tyndall
44
LETTER OF UNDERSTANDING #9
Dear Mr. Cassady,
Subject: Summer Shutdown
During 2010 negotiations, the parties discussed the vacation shutdown period. The Company identified a
number of significant costs associated with scheduling a vacation shutdown and permitting all employees
wanting the time off, in particularly the skilled trades.
In cases where there is a scheduled shutdown or partial shutdown, the Company reserves the right to
limit the number of employees (production and/or skilled trades) on vacation during this 2 week
maximum shutdown period in order to assure the proper operation of the business.
The Company agrees to accommodate vacation requests during the peak vacation period for those
employees that may be required to work the shutdown period or agree to defer their vacation to a
different date outside of the shutdown period. Assuming that employees will be required to work during
the shutdown period, the Company agrees to allow employees to use their vacation entitlement prior to
the shutdown with mutual agreement. The Company will recall any laid off employees and fully utilize the
Skilled Trades Replacement (STR) so long as they are available and capable to perform the work that is
scheduled for the shutdown before denying any shutdown vacation requests.
The Company agrees to meet with Local 200 President or designate to discuss the Shutdown period and
impact on the business by May 1st
.
Yours very truly,
NEMAK CANADA CORPORATION
Sue Tyndall
Senior Labour Relations Specialist
45
LETTER OF UNDERSTANDING #10
Dear Mr. Cassady,
Subject: Transition Levelling Seniority Application
During the course of these negotiations, the parties spent considerable time discussing the added
complexity of establishing an equitable transition levelling seniority arrangement for all Ford Motor
Company represented hourly employees being hired by Nemak Canada. As a result, for Ford Motor
Company employees that are hired by Nemak Canada and were employed/on roll as CAW represented
hourly employees of Ford Motor Company immediately prior to the effective date of the transfer from
Ford to Nemak, the parties have agreed to the following:
Skilled Trades Personnel
Those skilled employees, who are on roll as described in Paragraph One above, will utilize their most
recent Ford trades date of entry in their previous trade for the purposes of determining seniority
application within their respective Group/Department for operational aspects of the Collective Bargaining
Agreement. An additional seniority tie breaker will be in order of their master number.
Production Personnel
Those non-skilled employees, who are on roll as described in Paragraph One above, will utilize the
employee’s most recent Ford date within the employee’s respective Group/Department for purposes of
determining seniority application for operational aspects of the Collective Bargaining Agreement. An
additional seniority tie breaker will be in order of their master number.
Yours very truly,
NEMAK CANADA CORPORATION
Sue Tyndall
Senior Labour Relations Specialist
46
LETTER OF UNDERSTANDING #11
Dear Mr. Cassady,
Subject: New Product Launch Skilled Trades
The Company and Union had extensive discussions in regards to future launches of new product and the
impact regarding trades.
Both parties agree that based on the complexity of the work required it may be necessary to utilize the
expertise of core trades during launches. It is agreed that the Company may utilize the existing core
trades employed by Nemak Canada including trades within the IMM Group.
The Company may utilize some of the trades within the IMM Group to work with the core trades on the
launch to help with cross training.
The Company agrees that no seniority employee will be laid off if the Company is contemplating hiring
core trades during a launch. It is also understood that these launch core trades may come from the IMM
group as key members of the launch team. The IMM group may be supplemented or replaced out of the
STR group.
Yours very truly,
NEMAK CANADA CORPORATION
Sue Tyndall
Senior Labour Relations Specialist
47
LETTER OF UNDERSTANDING #12
Dear Mr. Cassady,
Subject: Placement Opportunities
During 2010 negotiations, the Company and the Union had discussions regarding the existing GM 3.6L HF
program at Windsor Aluminum Plant.
The Union expressed concern about Windsor Aluminum Plant being the overflow Nemak production
source and the potential for a reduction of employees during the launch of a product.
The Company agreed that if there is a reduction in the GM 3.6L production, discussion will take place
between the Company and the CAW regarding placement opportunities within the launch group if
feasible.
Yours very truly,
NEMAK CANADA CORPORATION
Sue Tyndall
Senior Labour Relations Specialist
48
LETTER OF UNDERSTANDING #13
Dear Mr. Cassady,
Subject: Overtime Opportunities During Transitional Training Period
During 2010 negotiations, the Company and the Union had discussions regarding overtime work
opportunities during the transition training period in the GM 3.6L HF Block area.
The Company and the Union agreed that if overtime is required, Ford–CAW employee(s) will be offered
the overtime work opportunity first (in line with their overtime hours).
Yours very truly,
NEMAK CANADA CORPORATION
Sue Tyndall
Senior Labour Relations Specialist
49
LETTER OF UNDERSTANDING #14
Dear Mr. Cassady,
Subject: Skilled Trades
Both parties agree that those trades that accept these positions will be the first Trades hired on as
fulltime employees if and when the need arises. If any of the trades in the replacement pool are given
more than ninety (90) days of work within the calendar year other than specific term and task
opportunities, they will be considered as a seniority trades employee and will have their name placed on
the seniority list in the Skilled Trades Classification that they have been covering.
It is also agreed that any laid-off local 200 Skilled Trades that accept an STR position per the guidelines
from the transitional agreement will be paid the full transferee skilled trade hourly wage. It is also agreed
that the STR’s will not have any right to paid vacation time off and therefore will have the legislated
vacation pay added to their weekly pay, when working.
Yours very truly,
NEMAK CANADA CORPORATION
Sue Tyndall
Senior Labour Relations Specialist
50
LETTER OF UNDERSTANDING #15
Dear Mr. Cassady,
Subject: Ford Transferee Seniority
The parties agree that Ford transferees employed by Nemak Canada will exercise their Ford seniority for
only the following items:
• Rates of Pay (Article 40)
• Benefit Eligibility (Articles 43 and 44); day one of Nemak employment
• Vacation Entitlement (Article 45)
• Nemak Canada entry phase employee job bidding and associated rights
For Ford transferees hired as Nemak Canada employees subsequent to the entry phase, their Nemak
Canada seniority will be used for job bidding and associated rights.
Yours very truly,
NEMAK CANADA CORPORATION
Sue Tyndall
Senior Labour Relations Specialist
51
LETTER OF UNDERSTANDING #16
Dear Mr. Cassady,
Subject: Health Benefit Coverage Timing
This letter is to confirm the understanding reached during the 2010 negotiations regarding the timing of
health benefit coverage.
The Company agreed that Ford transferees will be eligible for health benefit coverage on their 1st
day of
work as a Nemak-CAW Local 200 member.
New hires that did not transfer from Ford will attain eligibility for health benefit coverage upon
completion of their ninety (90) day probationary period.
Yours very truly,
NEMAK CANADA CORPORATION
Sue Tyndall
Senior Labour Relations Specialist
52
MEMORANDUM OF SETTLEMENT
The undersigned representatives of the parties approve of the attached settlement. The CAW Local 200,
Windsor agrees to recommend acceptance of the agreement by their members, and once ratified, such
ratification shall be acknowledged by formal letter to the Company.
All provisions of this agreement shall be effective following ratification on the dates stipulated in the
agreement.
For the Company For the Union
Lloyd Maisonville Bob Chernecki
Dan Soulliere Mike Vince
Mark Provost Dan Cassady
Sue Tyndall Marc Renaud
Darby McCloskey
Chris Taylor
Tim Little
Jeff Vilag
Chris Moynahan