collective agreement · 2019. 11. 19. · collective agreement between the pepsico beverages canada...

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, , COLLECTIVE AGREEMENT BETWEEN THE PEPSICO BEVERAGES CANADA (hereinafter referred to as the "Employer") AND UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175 (hereinafter referred to as the "Union") TERM July 1, 2017 to June 30, 2020

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  • , ,

    COLLECTIVE AGREEMENT

    BETWEEN

    THE PEPSICO BEVERAGES CANADA (hereinafter referred to as the "Employer")

    AND

    UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175

    (hereinafter referred to as the "Union")

    TERM

    July 1, 2017 to June 30, 2020

  • Contents PREAMBLE ............................................................................................................................... l

    SECTION 1 - UNION RECOGNITION .................................................................................. 1

    SECTION 2 - UNION SHOP ................................................................................................... 1

    SECTION 3 - MANAGEMENT FUNCTIONS ....................................................................... 2

    SECTION 4 - CHECKOFF ...................................................................................................... 2

    SECTION 5- HIRING PRACTICE .......................................................................................... 3

    SECTION 6 - UNION ACTIVITIES ......................................................................................... 3

    SECTION 7 - DISCRIMINATION ........................................................................................... 4

    SECTION 8 - INJURY OR ILLNESS .......... ........................................................................... 4

    SECTION 9 - SENIORITY ....................................................................................................... 4

    SECTION 10-DEPARTMENT REDUCTIONS AND RECALLS ..................................... 6

    SECTION 11 -TERMINATION OF SENIORITY ................................................................. 6

    SECTION 12-TRANSFER OF SENIORITY ....................................................................... 7

    SECTION 13 -JOB POSTING ............................................................................................... ?

    SECTION 14 - MISCELLANEOUS WORK AND LAYOFF ............................................... 8

    SECTION 15- PLANT AND/OR STATUTORY HOLIDAYS ............................................. 8

    SECTION 16-VACATION PAY ............................................................................................ 9

    SECTION 17 • REGULAR HOURS AND OVERTIME ..................................................... 12

    SECTION 18-REST PERIODS ........................................................................................... 14

    SECTION 19- REPORTING ALLOWANCE ...................................................................... 14

    SECTION 20 - MEAL ALLOWANCE .................................................................................. 14

    SECTION 21 .. PAY DAY ....................................................................................................... 14

    SECTION 22 - RATES FOR TRANSFERRED EMPLOYEES ........................................ 15

    SECTION 23-SAFETY AND PROTECTIVE CLOTHING .............................................. 15

    SECTION 24 .. LEAVE OF ABSENCE ................................................................................ 16

    SECTION 25-GRIEVANCE PROCEDURE AND ARBITRATION ................................ 16

    SECTION 26-STRIKES AND LOCKOUTS ...................................................................... 18

    SECTION 27 -WAGE RATES AND JOB CLASSIFICATIONS ..................................... 18

    SECTION 28 - MANPOWER ................................................................................................ 19

    SECTION 29- BEREAVEMENT ALLOWANCE ....................... ........................................ 19

    SECTION 30 - BENEFIT PLAN ........................................................................................... 20

    SECTION 31 - JURY DUTY .................................................................................................. 21

  • SECTION 32 - SEVERANCE ................................................................................................ 21

    SECTION 33 - NOTICE BOARDS .............................................................. ......................... 21

    SECTION 34 - PICKET LINES ............................................................................................. 22

    SECTION 35 - UNIFORMS ................................................................................................... 22

    SECTION 36 - GENERAL ..................................................................................................... 22

    SECTION 37 - LABOUR MANAGEMENT COMMITTEE ............................................... 22

    SECTION 38-TERMINATION ............................................................................................. 23

    Letter of Agreement # 1 - Arbitration ............................................................................... 24

    Letter of Agreement# 2 - Banked Overtime ................................................................. 25

    Letter of Agreement # 3 - UFCW Training and Education Fund .............................. 27

    Letter of Agreement # 4 - Hiring Process ...................................................................... 28

    Letter of Agreement # 5 - Pension .................................................................................... 29

    Letter of Agreement # 6 - Sick Leave Benefits (New Hires) ...................................... 31

    Letter of Agreement# 7 - New Hire Wage Rates ......................................................... 32

    Letter of Agreement # 8 - Warehouse Schedules ........................................................ 33

    Letter of Agreement# 9 - Vacation .................................................................................. 34

    Letter of Agreement # 10 - On-Call .................................................................................. 35

  • BETWEEN: THE PEPSICO BEVERAGES CANADA., carrying on business in the City of Thunder Bay, in the province of Ontario, herein after referred to as the 11 COMPANY11

    AND: UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 175, chartered by the United Food and Commercial Workers International Union, hereinafter referred to as the 11 UNION11

    PREAMBLE

    Whereas it is the intent and purpose of the Union and the Employer to further a harmonious industrial relationship between the Employer and its employees, and therefore this Agreement witnesseth that the parties hereto agree as follows:

    SECTION 1 - UNION RECOGNITION

    1.01 The Union shall be the exclusive collective bargaining representative of all employees in the Bargaining Unit which consists of all employees of the Employer at the plant in Thunder Bay except:

    (a) foremen and persons above the rank of foreman;

    (b) office staff

    (c) Pre-salesman

    (d) Merchandiser

    1.02 The Employer will supply, to the Union, a list of the supervisory personnel who are classified as foremen whose duties are mainly supervisory but who may occasionally relieve an employee in the Bargaining Unit for a short period of work in emergency situations or to train or demonstrate. Other supervisory personnel will be classified as charge hands and will be members of the Bargaining Unit.

    1.03 Other employees of the Employer outside the Bargaining Unit will not perform any work within the Bargaining Unit.

    SECTION 2 - UNION SHOP

    2.01 Each member of the Bargaining Unit shall be a member in good standing of the UFCW, Local 175.

  • 2.02 The Union agrees that any employee engaged by the Employer to work in the Bargaining Unit, who is satisfactory to the Employer, will be allowed to make application for membership in the said Local Union on payment of the regular initiation fees and dues, and will not be denied membership without just cause.

    2.03 Whenever an employee is suspended or expelled, the Union will give the Employer, in writing, the reason for such action.

    SECTION 3 - MANAGEMENT FUNCTIONS

    3.01 The Union acknowledges that it is the exclusive function of the Employer to manage the business and direct the working forces and to:

    (a) maintain order, discipline and efficiency;

    (b) hire, discharge, transfer, promote, demote or discipline employees provided that the claim an employee has been discharged, transferred demoted or disciplined, without just cause may be dealt with as hereinafter provided.

    3.02 It is understood that in exercising these functions, the Employer must conform to all other clauses of this Agreement. When an employee is disciplined or discharged, the appropriate Steward and the Local Union Secretary will be given, in writing, reasons for such action.

    SECTION 4 - CHECKOFF

    4.01 The Employer agrees to provide an irrevocable checkoff arrangement which will permit the employees to have their regular dues deducted from their pay. The Employer shall forward the amount so deducted to the office of United Food and Commercial Workers Union, Local 175 no later than the 10th day of the month following the date on which the dues deductions have been made, together with a list of the employees, giving particulars of those whose employment has been terminated or who have been laid off since the previous list was forwarded.

    The remittance statement shall be documented by location containing a dues and initiation report for which an electronic copy will be provided to the Union. The Company will provide the following information, as known to the Company:

    1. S.I.N. 2. Employee number if applicable 3. Full name (Last/First/Initials) 4. Rate of pay

    2

  • 5. Total union dues deducted 6. Back dues deducted 7. Vacation pay breakdown for dues owing 8. Total initiation fees deducted 9. Full address, including City and Postal Code 10. Telephone number (including area code) 11 . Date of hire 12. Classification 13. Full-time or part-time designation

    SECTION 5- HIRING PRACTICE

    5.01 In the event that the Employer engages new employees, it is agreed that these new employees will be required to sign a dues authorization card at the time of hiring. The Employer shall promptly notify the department Steward and the Local Union Secretary when a new employee is engaged for that department.

    5.02 All temporary and casual help must be laid off before any Union member may be laid off.

    SECTION 6 - UNION ACTIVITIES

    6.01 No employee shall be discriminated against or discharged for his activity as a Union member of for doing committee or other work for the Union, provided, however, that permission from the Employer is obtained if such activities occur during working hours and interfere with the employee's normal duties on behalf of the Employer. It is agreed that such permission, if requested, will not be unreasonably withheld in any instance.

    6.02 The Employer agrees to grant leave of absence for a period of not more than twelve (12) months without pay for the balance of the duration of this Agreement, whichever is the longer, to any employee who has been elected or appointed as an official of the International Union, or of the Local Union, if such duties require him to have leave of absence from his Employer duties on full-time basis.

    6.03 Employees on such leave of absence may be continued as active members of the pension and welfare plan upon payment of the total contribution whether from the Union or from the employee concerned. During such periods of leave of absence, the employee's seniority shall continue to accumulate as if he were employed at his regular post by the Employer.

    3

  • SECTION 7 - DISCRIMINATION

    7.01 There shall be no discrimination against any employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex, sexual orientation, gender identity, gender expression, handicap or disability, age, marital status, family status, record of offenses or membership in the Union.

    The Company recognizes its commitment and obligation to ensure that all employees, in accordance with the Ontario Human Rights Code, work in an environment based upon mutual respect and cooperation and free from harassment of any kind.

    SECTION 8 - INJURY OR ILLNESS

    8.01 Sickness or disability resulting from an accident shall not be sufficient cause for discharge. Upon recovery, the employee shall receive his former position or some other suitable job in his department if help by an employee with less seniority, if the recovered employee is capable of performing the job in as satisfactory manner and provided he was not absent because of sickness or injury for more than twenty-four (24) months.

    SECTION 9 - SENIORITY

    9.01 A seniority list of each of the following departments at the defined locations will be established and recognized:

    Thunder Bay - Soft Drink Warehouse - Soft Drink Sales, Delivery and Service

    except that plant-wide seniority will apply in cases of layoffs.

    9.02 Seniority shall be based upon total length of service with the Employer, provided that an employee shall be considered to be a probationer until he has worked in the Bargaining Unit for one hundred and twenty (120) working days in any twelve (12) month period and provided further that this shall not affect the present seniority status of any member of the Bargaining Unit.

    9.03 When an employee has completed his probationary period by actually working one hundred and twenty (120) working days in any twelve (12} month period as provided above, he shall be placed on the seniority list. His seniority will then be established one hundred and twenty (120) working days prior to the date he completes his one hundred and twentieth (120th) day of work.

    4

  • 9.04 If a probationary employee is injured or suffers an industrial illness which entitles him to Workers' Compensation during the probationary period, he shall, upon return to work, continue his probationary period and upon completing same, his seniority shall date from one hundred and twenty (120) working days prior to the date he completes his one hundred and twentieth (120th) day of work.

    9.05 A temporary employee shall mean an employee who is engaged by the Employer to perform forty (40) hours• work per week of a temporary nature during the period from April 15 to September 15 in any year and during Christmas season.

    A temporary employee shall have no rights under the seniority provisions of this Agreement. However, if a temporary employee remains in the Employers employee beyond September 15 or if he is accepted by the Employer as a regular employee prior to that date, he shall thereupon cease to be a temporary employee. His seniority shall be determined from that date under the probationary clause.

    A casual employee shall mean an employee who is engaged to perform work from time to time but who shall not work more that sixty-five (65) hours per month on average in a calendar year.

    9.06 The Employer agrees to recognize the seniority rights of the employees occupying positions coming within the scope of this Agreement, provided the efficient operation of the Employer does not suffer as a result.

    9.07 Seniority is the principle of granting preference to employees for promotions, vacancies, new jobs created, layoff and recall after layoff, and all other matters in accordance with length of employment. Seniority shall govern Employer decisions provided the senior employee has sufficient qualifications to perform the normal requirements of the job.

    9.08 An employee shall not lose his seniority due to authorized absence as a result of illness, provided he satisfies the Employer of such illness. An employee who has been discharged for just cause and subsequently rehired will be allowed seniority only from the date of rehiring.

    9.09 At each location, seniority lists shall be revised and posted every six (6) months. A seniority list containing names, addresses, telephone number, date of hire, classification and full time or part time designation of employees as contained in the records of the Company will be prepared and forwarded to the local Union office annually during September of each year.

    9.10 Seniority shall not be considered broken by virtue of:

    (a) leave of absence granted by the Employer, provided that such leave of absence does not exceed six (6) months. The Union Shop Committee shall

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  • be advised of all leave of absence granted by the Employer. Plant seniority of employees on leave of absence will only be protected as long as such employees continue to pay dues and assessments to the Local Union;

    (b) absence from work due to layoff, provided that employees are available for work on being recalled in order of seniority and the period of layoff does not exceed 12 months (see 11.01 (d);

    (c) absence from work due to certified sickness or injury.

    SECTION 10- DEPARTMENT REDUCTIONS AND RECALLS

    10.01 Whenever it is necessary to reduce the working staff and if the further reduction is necessary, the principles laid out in 9.06 shall be followed.

    10.02 In the event of a layoff, the most senior member of the Shop Committee will be retained as long as there is work which he can perform satisfactorily.

    10.03 When the working force of a department is increased following a layoff, the employees will be recalled to their former jobs in their departments from transfer or a layoff in order of seniority.

    10.04 In case of general layoff due to a curtailment of operations, permanent employees affected shall be given seven (7) calendar days1 notice or one (1) week's pay in lieu of notice, exclusive of accrued vacation pay, unless such curtailment of operations is caused or created by the actions of some union other that the Union, who is a party to this Agreement.

    SECTION 11 - TERMINATION OF SENIORITY

    11.01 Seniority shall cease and employment shall be terminated for any of the following reasons:

    (a) if an employee quits;

    (b) if an employee has been laid off and fails to report for work within seven (7) days after written notice to report work has been mailed to his last address registered with the Employer; provided that when an employee is recalled to work and does not report within forty-eight (48) hours, the Employer may recall the next employee in line, but he is subject to being displaced if the first (1st) employee recalled does report within seven (7) days;

    (c) if an employee has been discharged for just cause;

    6

  • (d) in case of layoff for a period of twelve (12) months, unless this period has been extended because the employee has granted leave of absence for sickness or other reasons.

    (e) if an employee is absent from work without notifying the Company and/or without a reasonable excuse.

    SECTION 12 - TRANSFER OF SENIORITY

    12.01 Employees who are transferred from departments or jobs not subject to the provisions of this Agreement shall, if transferred to a department subject to this Agreement, be placed upon the seniority list in the department to which he has been transferred only after he has worked in the department for a period of one hundred and thirty-two (132) working days in any twelve (12) month period and shall then have seniority equivalent to his total service with the Employer.

    12.02 An employee who has been on a seniority list in any department and is promoted to a position not covered by this Agreement and later demoted, shall, after one hundred and thirty-two (132) working days in any twelve (12) month period in the department to which he has been assigned, be given seniority equivalent to his total service with the Employer; except, if the demotion occurs before any twelve (12) month period outside of the Bargaining Unit, he may return to his original department and regain his total seniority without delay.

    SECTION 13 - JOB POSTING

    13.01 Vacancies or promotions that occur, or new jobs that are created within the Bargaining Unit, will be posted for the information of all employees within the Bargaining Unit for a period of five (5) working days and the Employer will consider all written applications for such positions that are received.

    13.02 When filling such vacancies, the qualifications of the employees shall be given primary consideration, and if there is any choice to be made between two (2) or more employees within the Bargaining Unit having sufficient qualifications, the most senior employee in terms of Employer service shall be given the position. Employees in the Bargaining Unit having sufficient qualifications shall receive the job in preference to persons outside the Bargaining Unit. The senior applicant shall be given preference and the man selected shall be given a minimum if thirty (30) days' trail period the employee shall have the right to return to his previously held position without prejudice.

    7

  • 13.03 The Employer may fill any position temporarily, either before or after posting, but shall not be obligated to try out all applicants, nor is the Employer obligated to fill vacancies by promotions of transfers from within the Bargaining Unit.

    SECTION 14 - MISCELLANEOUS WORK AND LAYOFF

    14.01 Should an employee accept a job elsewhere during the layoff, he shall receive same and shall retain all of his rights and privileges under this Agreement provided that he reports for work within seven (7) days in accordance with Section 11.01 (b).

    14.02 Any maintenance, painting or cleaning work which can, efficiently be done to the satisfaction of the Employer by employees who are laid off will be offered to employees with seniority who are laid off at the rate of wages applicable to 11

    Warehousemen11

    so long as they do not displace employees from their regular jobs.

    SECTION 15- PLANT AND/OR STATUTORY HOLIDAYS

    15.01 The Employer will observe the following plant holidays: New Years Day, day after New Years Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day.

    If any of the said holidays should fall on a Sunday, said holiday shall be rescheduled to be observed on a mutually agreed date. Should the parties fail to agree on another day to replace the holiday, the holiday will be observed on the Monday immediately following the actual holiday.

    In addition, employees shall be granted one (1) floating holiday, to be taken at a mutually agreed time.

    15.02 Employees receive eight (8) hours' straight time pay for each of such holidays, without being required to work on such days, provided that:

    (a) the employee has worked at least five (5) days during the twenty (20) working days immediately preceding the day on which such holiday is observed; and

    (b) the employee has not been absent without permission on the last work day scheduled for him immediately prior to the day on which the said holiday is observed or the first (1st) work day scheduled for him immediately after the day on which the said holiday is observed.

    8

  • 15.03 In a calendar week in which one (1) or more plant holidays are observed, the number of days in that week which may be worked at straight time shall be reduced by the number of such holidays.

    15.04 When an employee is required to work any hours on any plant holiday referred to in Section 15.01, he shall receive double time (2x) for the hours worked in addition to pay for the holiday and, if called in to work on such day, he shall be provided with at least four (4) hours of work or pay at the double time (2x) rate.

    15.05 When any one (1) of these holidays is observed during an employee's vacation, he shall receive one (1) day1s pay or one (1) dais extra vacation for each of such holidays in addition to his regular vacation.

    SECTION 16 - VACATION PAY

    16.01 The annual summer vacation period shall be between May 1st and September 30th, but wherever practical, vacations may be taken outside of this period if mutually satisfactory to an employee and the Employer. Vacations must be taken during the year and may not be accumulated.

    16.02 Employee's shall provide their vacation requests to the Company prior to January 31st. The Company shall approve and post a vacation schedule no later than February 15th.

    16.03 If there is any conflict between two (2) or more employees with respect to allocation of vacation periods, the Employer shall give preference in choice of times to the most senior employees within a job classification or group.

    16.04 a)

    b)

    16.05 a)

    Employees hired prior to July 1st 2004, who have attained seniority as of May 1st in each year shall be entitled to one (1) week of summer vacation with pay amounting to forty (40) hours at straight time rate, or four percent (4%) of T4 earnings less taxable benefits since date of hire, if greater.

    Employees hired after July 1st 2004, who have attained seniority as of May 1st in each year shall be entitled to one (1) week of summer vacation with pay amounting to forty (40) hours at straight time rate, or four percent (4%) of T4 earnings less taxable benefits since date of hire, if greater

    As of May 1st in each year, those employees hired prior to July 1st 2004, who have been in the continuous employee of the Employer for the previous twelve (12) months shall be entitled to two (2) weeks of summer vacation with pay amounting to eighty (80) hours at straight time rates, or four percent (4%) of T4 earnings less taxable benefits since previous May 1st, if greater.

    9

  • b)

    16.06 a)

    b)

    16.07 a)

    b)

    As of May 1st in each year, those employees hired after July 1st 2004, who have been in the continuous employee of the Employer for the previous twelve (12) months shall be entitled to two (2) weeks of summer vacation with pay amounting to eighty (80) hours at straight time rates, or four percent (4%) of T4 earnings less taxable benefits since previous May 1st, if greater.

    As of May 1st in each year, those employees hired prior to July 1st 2004, who have been continuously on the Employers seniority list for a period of three (3) years shall be entitled to three (3) weeks of vacation with full pay or six percent (6%) of T4 earnings less taxable benefits since previous May 1st, if greater.

    As of May 1st in each year, those employees hired after July 1st 2004, who have been continuously on the Employer's seniority list for a period of five (5) years shall be entitled to three (3) weeks of vacation with full pay or six percent (6%) of T 4 earnings less taxable benefits since previous May 1st, if greater.

    As of May 1st in each year, employees hired prior to July 1st 2004, who have been on the Employers seniority list for a period of ten (10) years shall be entitled to four (4) weeks of vacation with full pay of eight percent (8%) of T 4 earnings less taxable benefits since previous May 1st, if greater; provided that the fourth (4th) week of vacation is taken in the slack period between September 30th and April 30th.

    As of May 1st in each year, employees hired after July 1st 2004, who have been on the Employer's seniority list for a period of ten (10) years shall be entitled to four (4) weeks of vacation with full pay of eight percent (8%) of T4 earnings less taxable benefits since previous May 1st, if greater; provided that the fourth (4th) week of vacation is taken in the slack period between September 30th and April 30th.

    16.08 As of May 1st in each year, employees who have been on the Employers seniority list for a period of fifteen (15) years shall be entitled to five (5) weeks of vacation with full pay or ten percent (10%) of T4 earnings less taxable benefits since previous May 1st, if greater; provided that the fourth (4th) and fifth (5th) weeks are taken in the slack period.

    16.09 a) As of May 1st in each year, employees hired prior to July 1st 2004, who have been on the Employers seniority list for a period of twenty (20) years shall be entitled to six (6) weeks vacation with full pay or twelve percent (12%) of T 4 earnings less taxable benefits since previous May 1st, if greater; provided that the fourth (4th), fifth (5th), and sixth (61h) weeks are taken in the slack period between September 30th and April 30th.

    10

  • b) As of May 1st in each year, employees hired after July 1st 2004, who have been on the Employer1s seniority list for a period of twenty (20) years shall be entitled to five (5) weeks vacation with full pay or ten percent (10%) of T4 earnings less taxable benefits since previous May 1st, if greater; provided that the fourth (4th), and fifth (5th) weeks are taken in the slack period between September 30th and April 30th.

    16.10 As of May 1st in each year, employees hired prior to July 1st 2004, who have been on the Employers seniority list for a period of twenty-five (25) years shall be entitled to seven (7) weeks vacation with full pay or fourteen percent (14%) of T4 earnings less taxable benefits since previous May 1st, if greater; provided that fourth (4th), fifth (5th), sixth (6th), and seventh (7th) weeks are taken in the slack period between September 30th and April 30th.

    16.11 a)

    b)

    As of May 1st in each year, employees hired prior to July 1st 2004, who have been on the Employers seniority list for a period of thirty (30) years shall be entitled to eight (8) weeks of vacation with full pay or sixteen percent (16%) of T4 earnings less taxable benefits since previous May 1st, if greater; provided that fourth (4th), fifth (5th), sixth (6th), seventh (7th) and eighth (8th) weeks are taken in the slack period between September 30th and April 30th.

    As of May 1st in each year, employees hired after July 1st 2004, who have been on the Employer•s seniority list for a period of thirty (30) years shall be entitled to six (6) weeks of vacation with full pay or twelve percent (12%) of T4 earnings less taxable benefits since previous May 1st, if greater; provided that fourth (4th) and fifth (5th) weeks are taken in the slack period between September 30th and April 30th.

    16.12 The cut-off date of May 1st shall not apply to employees whose anniversary date of service may fall after May 1st and up to and including September 15th in their qualifying year for extra vacation. This applies to employees who have three (3) or more years of service.

    16.13 Pro Rata Payment for Employees on Termination

    Employees who quit or who are discharged shall receive pro rata vacation benefits for the period from May 1st in each year up to the date of termination based upon their entitlements as per sections 16.03 through 16.1 O of this Agreement.

    16.14 An employee who is not at work for at least five (5) months in any vacation year, shall be paid his vacation pay at the appropriate percentage to reflect the percentage of the year worked. An employee will be considered at work if on vacation, statutory holiday, sick day, leave of absence on Union business or actually at work.

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  • 16.15 Vacationable earnings include all employment income less taxable benefits. Employment income includes: regular pay, shift premiums, vacation pay, overtime pay, sick pay, short term disability pay, bereavement pay, stat holiday pay. Taxable benefits include Life Insurance, car taxable benefits, SharePower taxable benefits. This list is subject to change in compliance with Revenue Canada guidelines.

    SECTION 17 - REGULAR HOURS AND OVERTIME

    17.01 Eight (8) hours shall constitute a day's work within an eight and one-half (8 %) hour period with one-half (112) hour off for lunch, and forty (40) hours shall constitute a week's work. Weekly hours shall be compiled by each employee working five (5) consecutive days, preferably with Saturday and Sunday or Sunday and Monday off.

    17.02 All employees will be regularly scheduled to work on five (5) consecutive shifts which may commence on either Sunday, Monday or Tuesday. Notwithstanding the above, the Employer will endeavour to schedule as many employees as practicable on a Monday to Friday basis.

    These employees shall be entitled to overtime rate of time and one-half (1 1/2) for hours worked:

    (a) in excess of eight (8) hours per day;

    (b) in excess of forty (40) hours per week.

    17.03 (a) Subject to the provisions of Article 17.02, an employee working a five (5) -eight (8) hour day schedule shall be paid at the rate of one and one half (1 Y2) times the regular hourly rate for all work performed by him and required by the Company on his/her sixth (61h) consecutive shift of actual work within his/her seven (7) day workweek. (Employees working a four (4) -ten (10) hours day schedule will receive one and one half (1 Y2) times the regular hourly rate for all work performed on their fifth (51h) or sixth (61h) consecutive shift of actual work performed within his/her seven (7) day workweek)

    (b) Every employee, shall be paid at the rate of two (2) times his hourly rate for all work performed by him and required by the Company on his/her seventh (71h) consecutive shift of actual work performed within his/her seven (7) day workweek.

    (c) For the purpose of computing 5th, 61h, or ]lh shift overtime premiums, all compensated time off within this Labour Agreement (vacation, holiday, paid sick time, bereavement, jury duty) shall be considered time worked for the purposes of calculating overtime.

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  • 17.04 The regular day shift shall commence between the hours of 6:00 a.m. and 9:00 a.m. Any shift commencing after 9:00 a.m. and before 5:00 p.m. shall be considered the afternoon shift and any shift commencing after 5:00 p.m. and before 6:00 a.m. shall be considered the midnight shift.

    Should the Company introduce a 24-hour delivery system, change in loading procedure, or significantly fundamentally change the operating practice the following hours of work will apply:

    The regular day shift shall commence between the hours of 6:00 a.m. and 3:00 p.m. Any shift commencing after 3:00 p.m. and before 12:00 midnight shall be considered the afternoon shift and any shift commencing after 12:00 midnight and before 6:00 a.m. shall be considered the midnight shift.

    The Company is required to notify the Union in writing of such changes at least 14 days in advance.

    17.05 The schedule of the hours to be worked each week will be posted as far in advance as possible. Employees shall be given 48 hours notice of any changes in their shift.

    17.06 All employees will have one-half (1/2) hour unpaid lunch period each day.

    17.07 In the event that the Company does implement a work week of four (4) consecutive or non-consecutive ten (10) hour days, then the following provisions would apply:

    (a)

    (b)

    Daily overtime would be paid for in excess of the (10) hours/day. All hours in excess of forty (40) hours/week would continue to be paid at time and one-half (1 1/2).

    Where a statutory holiday occurs during an employee's scheduled day off, he shall be entitled to a lieu day at a time mutually agreed on by the parties.

    Employees on the seniority list will be paid eight (8) hours' straight time pay for each of such holidays in a five (5) eight (8) hour shift and an employee on the seniority list will be paid ten (1 O) hours' straight time pay for each of such holidays in a four (4) ten (10) hour shift.

    (c) Employees who are sick during their regularly scheduled shifts and entitled to sick days will be paid ten (10) hours' pay for each sick day up to a maximum of fifty (50) hours.

    13

  • SECTION 18 - REST PERIODS

    18.01 There shall be two (2) fifteen (15) minute rest periods per day, one (1) taken before and the other after the lunch period.

    18.02 If an employee is scheduled to work at least two (2) hours of overtime in addition to his regular shift, he shall be allowed a further ten (10) minute rest period.

    18.03 Lunch time shall not be taken earlier than four (4) hours or no later than five (5) hours after starting time.

    SECTION 19 - REPORTING ALLOWANCE

    19.01 When an employee reports for work at the customary time scheduled for him without being notified to the contrary and is assigned less than four (4) hours of work, he shall be paid at least four (4) hours at straight time rates.

    19.02 It is understood that an employee may be assigned under such circumstances to work other than his regular assignment.

    19.03 When an employee is called in for breakdown of emergency work after leaving the plant following his regular shift and before returning to work for his regular shift and is assigned less than four (4) hours (five (5) - eight (8) hour schedule) or five (5) hours (four (4) - ten (10) hour schedule) or extra work outside of his regular shift hours, he shall be paid for at least four (4) hours (five (5) - eight (8) hour schedule) or five (5) hours (four (4) - ten (10) hour schedule) at the appropriate overtime rate in addition to payment at straight time for any hours worked by him during his regular shift hours; except, that if so called in within two (2) hours before his regular starting time, he shall be paid only for such extra time worked at the appropriate overtime rate and at straight time for regular shift hours worked.

    SECTION 20 - MEAL ALLOWANCE

    20.01 Employees who are required to work as much as three (3) hours' overtime continuous with their regular shift shall be provided by the Employer with an adequate meal. After an employee who is on an overnight run completes their regular scheduled shift, the employee will be compensated for normal meals.

    SECTION 21 - PAY DAY

    21.01 A regular weekly or biweekly pay day, shall be established by the Employer. In the case of bi-weekly pay, payday shall be the Thursday, while in the case of

    14

  • weekly pay, payday shall be Friday. In the event the Company moves to a weekly pay cycle or vice versa the Company will provide the Union with 90 days' notice.

    SECTION 22 • RATES FOR TRANSFERRED EMPLOYEES

    22.01 Employees who are transferred pursuant to the seniority provisions in order to avoid laying them off shall immediately take the rate for the job which they are assigned.

    22.02 An employee who is temporarily assigned to work in a classification carrying a higher rate of pay shall receive such higher rate of pay after and including the first (1st) hour and continue to receive it while working in such higher classification.

    22.03 Any employee who is temporarily assigned to work in a classification carrying a lower rate of pay shall be paid the rate of pay for the classification from which he was assigned.

    22.04 Employees who regularly work on jobs having two (2) rates, will be paid the rate of pay as applicable to the hours worked per week on each job.

    SECTION 23 • SAFETY AND PROTECTIVE CLOTHING

    23.01 The Company will provide employees with required safety equipment and apparel according to legislation. Safety glasses and safety gloves will be supplied by the Company.

    23.02 A safety Committee comprised of the Shop Committee shall meet monthly with the management to discuss and remedy all plant safety regulations, working conditions and equipment, in accordance with the safety regulations as defined by the Occupational Health and Safety Act of Ontario.

    23.03 The Employer will provide reimbursement for safety shoes or boots to a maximum price of two hundred dollars ($200.00), effective January 1st of each year for permanent employees who require them.

    23.04 The Company will pay the full cost of hardening prescription safety lenses of glasses for all permanent employees.

    23.05 Probationary and temporary employees must provide for their use, safety footwear and prescription safety glasses, if required.

    15

  • SECTION 24 - LEAVE OF ABSENCE

    24.01 Upon written request by the Union, given not less than one (1) week in advance to the Employer, the Employer will grant leave of absence, without pay, to one (1) employee named in such request, to absent himself to attend conventions, provided, however, that such employee shall not be absent for a period of more than fourteen (14) days.

    24.02 The Employer also agrees to consider requests for leave of absence by an employee for any other legitimate reason.

    24.03 Such granted leaves of absence shall be without pay but shall cause no loss of any employee's seniority rights.

    24.04 The Employer agrees to grant leave of absence for unpaid educational leave up to three (3) days per year to be provided to the Plant Chairman or his designated representative for the purpose of attending Union seminars.

    24.05 The Company and the Union agree to split the costs of the negotiating committee during negotiations up to a maximum of eight (8) hours per day.

    SECTION 25- GRIEVANCE PROCEDURE AND ARBITRATION

    25.01 The Employer acknowledges the right of the Union to select a reasonable number of Shop Stewards to assist employees in presenting complaints or grievances to the Employer.

    There shall be one (1) Shop Steward recognized in each of the following departments at the defined locations:

    Thunder Bay - Soft Drink Warehouse - Soft Drink Sales, Delivery and Service

    There shall be at least one (1) additional Alternate Steward in each of the said departments. The Alternate Steward shall act in the absence of the regular Steward with respect to any grievance arising in his department.

    25.02 The Union shall appoint a Shop Committee of three (3) employees from the Bargaining Unit or two (2) employees from the Bargaining Unit plus one (1) executive member of the Local Union.

    25.03 For the purpose of the grieyance procedure, the Territory Development Manager or in his absence, his nominee, will be the department head in the departments of the Soft Drink Plant.

    16

  • 25.04 The procedure for handling complaints or grievances of employees shall be as follows:

    An employee who has a complaint or question shall ordinarily discuss the matter with the head of the department, but if this does not satisfy him, or if for any reason his complaint is of such a nature that he prefers to refer it to his Steward first, he may do so.

    STEP NO. 1

    If a complaint or grievance is referred by an employee to his Steward and the Steward considers that there may be a reasonable basis for the complaint or grievance, he shall present the matter to the head of the department of the employee within fifteen (15) working days from the time such grievance arose or became apparent, and shall endeavour to arrange a satisfactory settlement. A grievance presented after the aforementioned time limit shall not be arbitrable. If such settlement cannot be arranged, the Steward shall then state the grievance, in writing, in duplicate, and give the head of the department forty-eight hours (48) hours to provide a written answer. If this answer is not satisfactory, the next step of the procedure may be invoked.

    STEP NO. 2

    Two (2) copies of the written grievance shall be forwarded to the Territory Development Manager by the head of the department at the request of the Steward. The Territory Development Manager will then confer with the Steward and such others as are necessary which may include the aggrieved employee, and attempt to arrange a settlement. If a settlement cannot be arranged with five (5) working days, the Territory Development Manager shall state his disposition of the matter, in writing, and the grievance shall be referred back to the Shop Committee as a whole for further consideration.

    EXCEPTION

    With respect to grievances involving discharge, the grievance shall be put in writing by the Steward within the fifteen (15) working days following the discharge and the grievance shall be dealt with by starting with Step No. 2 herein.

    STEP NO. 3

    The grievance may be referred to arbitration upon the written request of either the Employer or the Shop Committee.

    25.05 The issue to be arbitrated shall be the written statement of the grievance and the answers of the various management officials who have previously dealt with the

    17

  • matter. It is understood and agreed that the arbitrator has no authority to alter, modify or annul any part of this Agreement.

    25.06 When a written request for arbitration has been submitted by one (1) party, the parties shall meet within three (3) working days and they shall make every reasonable effort to select an impartial arbitrator. If they fail to make such a selection, the Minister of Labour for Ontario shall be requested to appoint such impartial arbitrator. The decision of the arbitrator shall be final and binding on the parties hereto. The reasonable costs of such arbitration, including the fees and expenses, stenographic services, etc., of the arbitrator, shall be equally shared by both parties of this Agreement.

    25.07 There shall be no strike or lockout during the arbitration and work shall continue under this Agreement.

    25.08 It is also agreed that if any dispute arises between the parties to this Agreement concerning the general policy of either the Union or the Employer which affects the orderly administration of the Agreement, that either party may invoke the grievance procedure and arbitration, beginning with a conference at Step No. 2.

    SECTION 26 - STRIKES AND LOCKOUTS

    26.01 There shall be no lockout by the Employer nor any unlawful strike, sitdown, slowdown nor curtailment in operations by the Union for any reason whatsoever during the term of this Agreement.

    SECTION 27-WAGE RATES AND JOB CLASSIFICATIONS

    27.01 The rates of pay shall be as follows:

    Rates of Pay

    July 1/17 July 1/18 July 1/19

    Driver-Hourly $26.51 /hr $26.91 /hr $27.31 /hr Driver-Helper $23.59 /hr $23.99 /hr $24.39 /hr Shipper-Receiver $26.22 /hr $26.62 /hr $27.02 /hr

    Warehouse $25.83 /hr $26.23 /hr $26.63 /hr Service Technician A $26.83 /hr $27.23 /hr $27.63 /hr Service Technician B $26.33 /hr $26.73 /hr $27.13 /hr Service Technician Trainee $25.83 /hr $26.23 /hr $26.63 /hr

    18

  • July 1/17 July 1/18 July 1/19

    Temporary Driver rate (AZ/DZ) $17.00 /hr $17.40 /hr $17.80 /hr Temporary and Casual $15. 75 /hr $16.15 /hr $16 .. 55 /hr ~ !') \J

    27.02 The startiog-raleWil~be'90% ofjbe-,eas:e(°~the firsLS

  • b) Should a bereavement occur in an employee's family (mother in law, father in law, or grandparent) he may request a bereavement leave and he shall be granted such time off with pay as is reasonable under the circumstances to enable him to look after funeral arrangements or to attend the funeral. The extent of such leave shall be in the discretion of the Employer, depending upon the time of the bereavement in relation to his regular time off, the distance to be travelled, etc. The general standard of bereavement time off shall be three (3) consecutive days.

    c) Should internment or other bereavement related services be held at a later date, the employee may set aside one of his bereavement days to be used at that time.

    SECTION 30 - BENEFIT PLAN

    30.01 All full time employees will be eligible to participate in the Company's Flexible Benefit Plan, as described in the employee benefit book.

    30.02 Short Term Disability: A benefit will be payable, under the Employer's Income Replacement policy commencing from the fifth (51h) day in the case of accident or sickness. The maximum period of benefit will be twenty-six (26) weeks for each period of disability. Details of this policy will be provided in the Employee Handbook.

    The Employer may at any time provide all or any part of such benefits through the Unemployment Insurance Act or any other government facility which provides sickness and accident benefits, and to which the employer makes contributions directly or indirectly.

    30.03 Sick Pay: The Employer agrees to pay employees on a 5x8 shift schedule up to forty-eight (48) hours full pay per annum on a non-cumulative basis, in cases of legitimate sickness. The Employer agrees to pay employees on a 4x10 shift schedule up to fifty (50) hours full pay per annum on a non-cumulative basis, in cases of legitimate sickness. The Employer reserves the right to be furnished with a medical certificate upon request, whenever a sick pay is claimed.

    Effective July 1, 1998, the employer agrees to pay out unused sick days at 37.5%. Commencing January 1, 1999, the employer agrees to pay out unused sick days at 75%. These payments will be made in January of the following year.

    Should the Company require that an employee furnish a Dr's note to support their absence, the Company shall reimburse the costs of such up to a maximum of $30.

    20

  • 30.04 Long Term Disability: The Employer's Flexible benefit plan will include an employee paid long term disability insurance plan. Details of this plan will be provided in the Employee Handbook.

    30.05 The Company agrees to pay the full cost of drivers AZJDZ medicals as required.

    SECTION 31 - JURY DUTY

    31.01 An employee who is selected for service as a juror or crown witness shall be paid the difference between what he is paid as a juror or crown witness and what he would have earned had he not been absent for the purpose of serving on a jury or as a crown witness.

    SECTION 32 - SEVERANCE

    32.01 In the event that a full time employee with a minimum of 1 year seniority is permanently laid off it is agreed that the company will provide the following severance benefits:

    (a) Two weeks pay at regular hourly rate for each completed year of service.

    (b) Benefit continuation for six (6) months on until alternate employment is found.

    (c) Notification of permanent vacancies in all other Pepsi Bottling Group (Canada) operations for a period of two (2) years.

    (d} The formation of a joint union management committee to provide job search assistance to displaced employees.

    SECTION 33 - NOTICE BOARDS

    33.01 A notice board shall be supplied by the Employer large enough to accommodate the Union notices for each department.

    33.02 Notices relevant to Union activities can be posted if properly signed by authorized Union personnel.

    21

  • SECTION 34 - PICKET LINES

    34.01 If any employee in the Bargaining Unit encounters a bona fide picket line in the course of his normal duties, there shall be an immediate conference between the parties hereto before any decision is make by either party as to whether the picket line should or should not be respected.

    SECTION 35 - UNIFORMS

    35.01 The Employer agrees to pay one hundred percent (100%) of the cost of coveralls and summer and winter uniforms for all employees who are required to wear them in the discharge of their duties. Uniforms and coveralls will be worn only while at work and, if requestedt will be returned to the Employer if any employee leaves his employment.

    SECTION 36 - GENERAL

    36.01 Any employee who absents himself without valid reason for one (1) day or more without due notification of the Employer shall be considered under suspension.

    36.02 It is understood and agreed that the provisions of this Agreement will at all times be subject to any Acts, Orders-in-Council, the Regulations enacted or adopted by any Parliament or Legislative Body, Minister of the Crown or Department having jurisdiction in the premises, and also Bylaws, Orders or Regulations or any Municipal Council, Police Commission or other body clothed with proper authority.

    36.03 Privacy Act: Any personal/confidential information to be provided by the company to the Union or any Union Representative according to the terms and conditions of this collective agreement will continue to be provided as long as it is legally permitted under any Privacy Act.

    SECTION 37 - LABOUR MANAGEMENT COMMITTEE

    37.01 The Company and Union agree to meet on a quarterly basis in order to discuss issues and share information relevant to the on-going operations of the business. Membership shall comprise of 2 union stewards in addition to the union representative and up to 3 management representatives.

    Agenda items for the meetings shall be provided five (5) days in advance of the meeting. Should there be no agenda items identified, the parties will agree to cancel the committee meeting.

    22

  • SECTION 38 - TERMINATION

    38.01 This Agreement shall be in full force and effect from the 1st day of July 2017, to the 30th of June, 2020, and shall automatically continue from year to year for periods of one (1) year at a time, unless either party serves notices on the other party not more than ninety (90) day and not less than sixty (60) days prior to the expiry date stating that negotiations for amendments are desired.

    38.02 When such notice has been given by either party bound by this Agreement, the parties shall meet within fifteen (15) days from the giving of the notice or within such further period as the parties may agree upon, and they shall bargain in good faith and make every reasonable effort to make a Collective Agreement.

    38.03 A written list of the proposed changes shall be submitted at least sixty (60) days before the expiration date.

    38.04 All conditions of this Agreement are to remain in full force and effect until negotiations are completed and/or conciliation proceedings exhausted.

    IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed this ~ day of Dece-""bec , 2017.

    FOR THE COMPANY:

    ~ ~ -

    23

  • BETWEEN:

    AND:

    Letter of Agreement # 1 - Arbitration

    THE PEPSICO BEVERAGES CANADA., carrying on business in the City of Thunder Bay, in the province of Ontario, herein after referred to as the "COMPANY"

    UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 175, chartered by the United Food and Commercial Workers International Union, hereinafter referred to as the "UNION"

    In view of recent changes to the Ontario Labour Relations Act, and resulting decisions therefrom, and in view of the parties' history of amiable Labour Relations, the parties agree to the following:

    That neither party shall raise or proceed with a timeliness issue argument regarding "filing for arbitration" without first giving the other party written prior notice of its intent to do so.

    Should either party serve such notice on the other party the parties further agree that the final time frame in the Collective Agreement respecting "filing for arbitration" shall then be triggered.

    The parties further agree that any Board of Arbitration or single arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relations Act in so doing.

    IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed this _8_ day of ~ ce-.b< , 2017.

  • BETWEEN:

    AND:

    Letter of Agreement# 2- Banked Overtime

    THE PEPSICO BEVERAGES CANADA., carrying on business in the City of Thunder Bay, in the province of Ontario, herein after referred to as the 11COMPANV11

    UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 175, chartered by the United Food and Commercial Workers International Union, hereinafter referred to as the 11 UNION 11

    The Company shall implement banked overtime with the goal to reduce the impact of layoffs during non-peak periods.

    With respect to banked overtime the following shall apply:

    All permanent full-time employees with seniority under the Collective Agreement shall be allowed to bank to a maximum of eighty (80) hours at any one time during the year and can be replenished per annum.

    Hours shall be banked at the overtime rate applicable when worked (i.e. time and one half).

    Employees must decide at the beginning of the year whether or not they will participate in the program and cannot alter this decision during the year, save and except new hires.

    These hours may be taken by mutually agreed time to both parties during non-peak periods.

    Banked time can be carried over to the end of April of the following year or paid out.

    Banked overtime shall not interfere with any vacation time already booked.

    25

  • IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed this _a_ day of Dece-O'l:be< 1 2017.

    26

  • Letter of Agreement# 3- UFCW Training and Education Fund

    BETWEEN:

    AND:

    THE PEPSICO BEVERAGES CANADA., carrying on business in the City of Thunder Bay, in the province of Ontario, herein after referred to as the "COMPANY"

    UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 175, chartered by the United Food and Commercial Workers International Union, hereinafter referred to as the "UNION"

    Re: UFCW Education and Training Fund

    The Company agrees to contribute $500.00/year to the UFCW Local 175 Education and Training Fund. Payment to be received by February 151h each year.

    IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed this g_ day of D:ce-a::d:vc , 2017.

    27

  • BETWEEN:

    AND:

    Letter of Agreement # 4 - Hiring Process

    THE PEPSICO BEVERAGES CANADA., carrying on business in the City of Thunder Bay, in the province of Ontario, herein after referred to as the "COMPANY"

    UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 175, chartered by the United Food and Commercial Workers International Union, hereinafter referred to as the "UNION"

    In order to endure that new employees in unionized positions are familiar with the role of the union and the collective agreement, the company shall, as part of the hiring process, introduce new employees to a Union Steward.

    The Union Steward shall be allocated fifteen (15) minutes with the employee at a convenient time as part of the hiring process.

    IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed this ..B.._ day of D::oe-0:)bec , 2017.

    28

  • BETWEEN:

    AND:

    Letter of Agreement # 5 - Pension

    THE PEPSICO BEVERAGES CANADA., carrying on business in the City of Thunder Bay, in the province of Ontario, herein after referred to as the 11COMPANY11

    UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 175, chartered by the United Food and Commercial Workers International Union, hereinafter referred to as the 11 UNION"

    Regarding the CCWIPP Pension and its replacement, the following shall indentify all items/adjustments agreed to by the Company and the Union as an "Addendum" to the current Collective Agreement:

    Pension for Current Members of the Bargaining Unit

    Effective June 30, 2013, the Company will cease contributions to the Canadian Commercial Workers Industrial Pension Plan (CCWIPP).

    Effective July 1, 2013, all current members of the bargaining unit covered by this Agreement that are members of CCWIPP, shall participate in the Retirement Plan for Hourly Employees of Pepsi-QTG Canada (Registration No. 0301507) and the following specific past service and future service arrangements shall apply;

    Future Service Pension Benefit

    The Company agrees to provide a future service pension benefit as follows: As of July 1, 2016 Pension Multiplier: $59 per month pension benefit applicable to service from July 2013 As of July 1, 2017 Pension Multiplier: $60 per month pension benefit applicable to service from July 1, 2017 As of July 1, 2018 Pension Multiplier: $61 per month pension benefit applicable to service from July 1, 2018 As of July 1, 2019 Pension Multiplier: $61 per month pension benefit applicable to service from July 1, 2018

    The monthly pension benefit is calculated using a formula based on the employee's years of service from July 1, 2013 in the new plan multiplied by the Pension multiplier. (2013-2016 - $59; 2017 - $60, 2018 - $61; 2019 and beyond - $61 ).

    29

  • The following plan provisions will be the same as the CCWIPP plan provisions in place prior to September 1, 201 O; plan membership, payment from the plan (normal form of pension), normal retirement date, early retirement provisions, terminations, death and retirement provisions and vesting.

    Pension for New Members of the Bargaining Unit

    For any new members of the bargaining unit covered by this Agreement gaining seniority after June 30, 2013, shall participate in the Pension Plan for Employees of The Pepsi Bottling Group (Canada), Co. (Registration No. 0291179).

    IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed this .ii_ day of Dec&-O"ber , 2017.

    FOR THE COMPANY:

    ~:~ ... ..

    30

  • Letter of Agreement# 6- Sick Leave Benefits (New Hires)

    BETWEEN:

    AND:

    THE PEPSICO BEVERAGES CANADA., carrying on business in the City of Thunder Bay, in the province of Ontario, herein after referred to as the "COMPANY"

    UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 175, chartered by the United Food and Commercial Workers International Union, hereinafter referred to as the 11 UNION 11

    It is understood that employees hired after May 24, 2017, and/or employees moving from seasonal or part-time status, shall not be entitled to sick time as defined in Section 17.07(c) and Section 30.03 (or elsewhere within the CBA), however they shall receive twenty-four (24) hours of sick leave pay per year to be used for sick time. Any unused sick time (at the end of the calendar year) shall be paid out at 75%.

    IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed this -1.L day of ,fkc cm l;:w: , 2017.

    FOR THE COMPANY:

    ~~

    31.

  • BETWEEN:

    AND:

    Letter of Agreement # 7 - New Hire Wage Rates

    THE PEPSICO BEVERAGES CANADA., carrying on business in the City of Thunder Bay, in the province of Ontario, herein after referred to as the 11COMPANY11

    UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 175, chartered by the United Food and Commercial Workers International Union, hereinafter referred to as the 11UNION11

    Wage Progression - New Hires

    It is understood that employees hired after May 24, 2017, shall be remunerated as follows:

    Date of Hire: After 12 months worked: After 24 months worked: After 36 months worked:

    85% of the rate 90% of the rate 95% of the rate

    100% of the rate

    NOTE: In reference to the above table, a credited month shall mean any month wherein the employee worked 95% of his/her scheduled and/or offered regular shifts in said month. Vacation days shall be considered days "worked" for this Article.

    NOTE: Above wage progression shall not pertain to p/t employees who are employed as of the date of ratification, May 24, 2017.

    IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed this ...fi_ day of Oecerofaec , 2017.

    32

  • BETWEEN:

    AND:

    Letter of Agreement # 8 - Warehouse Schedules

    THE PEPSICO BEVERAGES CANADA., carrying on business in the City of Thunder Bay, in the province of Ontario, herein after referred to as the "COMPANY"

    UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 175, chartered by the United Food and Commercial Workers International Union, hereinafter referred to as the 11UNION 11

    Warehouse Schedules

    The parties agree that, no later than two weeks following ratification of the new (2017) Collective Agreement, the Company will (on a trial basis) implement a shift schedule in the Warehouse as follows:

    • The shift schedule for the Warehouse shall be Monday to Thursday inclusive (1 O hour days)

    • Each regular daily shift will be from 8 a.m. until 6:30 p.m.

    Nothing in the foregoing shall in any way limit the Company's right to implement alternate schedules as per the Collective Agreement.

    IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed this £__ day of

    11).c-e.N\her: , 2017.

    33

  • BETWEEN:

    AND:

    Letter of Agreement # 9 - Vacation

    THE PEPSICO BEVERAGES CANADA., carrying on business in the City of Thunder Bay, in the province of Ontario, herein after referred to as the 11COMPANV11

    UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 175, chartered by the United Food and Commercial Workers International Union, hereinafter referred to as the "UNION"

    Vacations shall be booked as per Section 16 of the agreement. After approval and posting of the vacation schedule by the Company, any remaining available weeks in the summer vacation period may be booked by employees based on seniority.

    IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed this _fl_ day of lkced?ee_. 2017.

    ,.

    34

  • BETWEEN:

    AND:

    Letter of Agreement # 1 O - On-Call

    THE PEPSICO BEVERAGES CANADA., carrying on business in the City of Thunder Bay, in the province of Ontario, herein after referred to as the "COMPANY"

    UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 175, chartered by the United Food and Commercial Workers International Union, hereinafter referred to as the 11UNION11

    On-call pay will be issued as follows:

    - Monday to Friday - Saturday - Sunday

    Four (4) hours Four (4) hours Four (4) hours

    Therefore, employees on call from Monday to Sunday (inclusive) will receive 12 hours of on-call pay in total.

    IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed this _fl_ day of D::ce'"""'be::: , 2017.

    35