collective agreement - ontario and finance/413... · letter of agreement ... shall mean an employee...

COLLECTIVE AGREEMENT

BETWEEN

PEPSICO BEVERAGES CANADA -

SUDBURY

AND

UNITED FOOD &

COMMERCIAL WORKERS

CANADA, LOCAL 175

TERM OF AGREEMENT: January 1, 2013 to December 31, 2017

INDEX

ARTICLE PAGE

Preamble ............................................................................................. 1

1. Recognition .......................................................................................... 1

2. Definitions ........................................................................................... 1

3. Management Rights .............................................................................. 1

4. Strikes and Lockouts ............................................................................. 2

5. Dues Deductions and Union Security ....................................................... 2

6. Union Representation ............................................................................ 3

7. Grievance Procedure ............................................................................. 4

8. Arbitration ........................................................................................... 6

9. Seniority .............................................................................................. 7

10. Job Postings and Transfers .................................................................... 8

11. Layoffs and Rehiring After Layoffs ........................................................ 10

12. Loss of Driver’s License ....................................................................... 11

13. Leaves of Absence .............................................................................. 11

14. Bulletin Boards ................................................................................... 13

15. Bonding of Employees ......................................................................... 13

16. Loss or Damage to Cargo or Equipment ................................................. 13

17. Vacations with Pay ............................................................................. 13

18. Paid Holidays ..................................................................................... 15

19. Health and Welfare ............................................................................. 15

20. Hours of Work and Overtime ................................................................ 15

21. Call-Out Pay ....................................................................................... 18

22. Reporting Pay ..................................................................................... 19

23. Premiums ........................................................................................... 19

24. Safety Shoe Allowance ....................................................................... 19

25. Uniforms ............................................................................................ 19

26. Rates of Pay ...................................................................................... 20

27. Employment of Part-time, Casual or Non-Bargaining Unit Employees ......... 22

28. Safety ............................................................................................... 23

29. Technological Change ......................................................................... 24

30. No Discrimination ............................................................................... 25

31. Termination and Renewal ..................................................................... 26

Schedule “A” – Seasonal/Temporary Employees ..................................... 27

Letter of Agreement #1, Re: North Bay Routes ....................................... 28

Letter of Agreement #2, Re: Pension Improvements ................................ 30

Letter of Agreement #3, Re: Transfers .................................................. 31

Letter of Agreement #4, Re: New Employees ......................................... 32

COLLECTIVE AGREEMENT BETWEEN: PepsiCo Beverages Canada - Sudbury

801 Lapointe Street, Station “A”, Sudbury, Ontario P3A 4S1 (hereinafter referred to as "the Company")

AND: UNITED FOOD AND COMMERCIAL WORKERS CANADA

LOCALS 175

(hereinafter called “the Union”)

PREAMBLE

The purpose and intent of this Agreement is to provide co-operation

and harmony, and to provide a channel through which information and problems

may be transmitted from one to another, as well as to cover hours, wages and

working conditions.

Wherever the masculine reference is used in this Collective

Agreement, it shall also include the feminine and vice versa.

ARTICLE 1 - RECOGNITION:

1.01 The Company recognizes the Union as the sole and exclusive

collective bargaining agent of all employees of PepsiCo Beverages Canada in the

Greater City of Sudbury and North Bay save and except Supervisors and Foremen,

persons above the rank of Supervisors and Foremen, Office Staff, Sales

Representatives.

ARTICLE 2 - DEFINITIONS:

2.01 The term employee as used in this Agreement shall refer only to those

employees covered by Article 1 - Recognition.

2.02 The expression "Outside Employee" wherever used in this Agreement

shall mean an employee in the categories of General Truck Driver, Serviceman, and

Truck Driver Helper.

2.03 The expression "Inside Employee" wherever used in this Agreement

shall mean an employee in the categories of Checker/Stocktaker, Forklift Operator,

and General Labour.

2.04 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.

ARTICLE 3 - MANAGEMENT RIGHTS:

3.01 Subject to this Agreement, it is the exclusive right of the employer:

(a) to operate and manage its business in all respects in accordance with

its obligations;

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(b) to direct the working force, to maintain order, discipline and efficiency

and to establish and enforce reasonable rules and regulations to be

observed by the employees.

(c) the Union acknowledges further that it is the function of the employer

to hire, promote, demote, transfer, and lay-off employees and to

suspend, discipline and discharge employees for just and sufficient

cause. Any exercise of these rights in conflict with the express

provisions of this Agreement shall be subject to the provisions of the

Grievance Procedure as set out in this Agreement.

ARTICLE 4 - STRIKES AND LOCKOUTS:

4.01 In view of the orderly procedures established by this Agreement for

the settling of disputes and the handling of grievances, the Union and its members

agree that, during the life of this Agreement, there will be no strike.

4.02 The Company agrees that there will be no lockout of employees during

the life of this Agreement.

4.03 The terms "strike" and "lockout" shall be defined in accordance with

the definitions set out in the Labour Relations Act.

4.04 It shall not be a violation of this Agreement for the employees covered

hereunder to refuse to cross a picket line where the picket line has been authorized

by the Union picketing provided the employee concerned has followed the

instructions issued by the Company. Further, the employer shall not instruct any

employee to go through a picket line where the crossing of such picket line could

be injurious to health or property.

ARTICLE 5 - DUES DEDUCTIONS AND UNION SECURITY:

5.01 The parties agree that all employees who have completed their

probationary period shall, as a condition of their continued employment,

make application for membership in the Union and shall become and remain

members in good standing of the local Union.

5.02 In the event that any employee who is required to obtain and maintain

membership in good standing in the Union is denied membership or is suspended or

expelled from the Union so that under the terms of this Agreement such employee

may not continue to be employed, the Union shall send to the Company, a

statement of the reasons for the action taken in refusing membership or suspending

or expelling that person from the Union.

5.03 The Company shall deduct Union dues from the wages of employees

in the bargaining unit as designated in Article 1 - Recognition, such weekly dues as

certified in writing by the Union to the Company.

The Union initiation fee certified in writing by the union shall be

deducted from the employee's pay the month the employee completes the

probationary period.

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5.04 Dues and Initiation Fees

The remittance statement shall be documented by location containing

a dues and initiation report which will be provided in the form of e-mail

([email protected]) or on a computer diskette as well as a hard copy of the

dues report being attached to the remittance cheque. The information provided

shall be on a standard spreadsheet in Excel, Quattro Pro, Lotus or other software

program acceptable and adaptable to the Union. The spreadsheet will be in a

format provided by the Union and 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. Full address, including City and Postal Code

5. Telephone number (including area code)

6. Date of hire

7. Rate of pay

8. Classification

9. Full-time or part-time designation

10. Union dues deducted (or the reason a deduction was not made). If

dues are deducted weekly, report requires five (5) columns for

reporting.

11. Total dues deducted

12. Back dues owing

13. Vacation pay breakdown of dues owing

14. Initiation fees deducted

15. Total initiation fees deducted

5.05 The Union shall indemnify and save the Company harmless from any

and all claims for amounts deducted from the employee's pay and remitted under

the terms of this Article.

ARTICLE 6 - UNION REPRESENTATION:

6.01 The Company acknowledges the right of the Union to appoint or

otherwise select four (4) Stewards, one (1) from the inside group and one (1) from

the outside group, one (1) from the Merchandisers and in addition one (1) Chief

Steward. To be eligible to be a Steward the employee must have seniority with the

Company. The number of stewards may be altered by Agreement between the

parties.

6.02 The Union acknowledges that the Steward has regular duties to

perform on behalf of the Company. Union Stewards who are employees and every

employee shall be allowed such time off as may be necessary to attend meetings

with management at which their presence is required under Articles seven (7) and

eight (8). This provision shall also apply to every employee who is a necessary

witness. The allowing of such time off shall, however, be subject to the employee

obtaining permission to leave his work from his immediate supervisor; such

permission will not be unreasonably withheld. Stewards shall return to their regular

duties as expeditiously as possible. All such time off during an employees regular

working hours shall be without loss of pay.

mailto:[email protected]

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6.03 The Company acknowledges the right of the Union to appoint of

otherwise select four (4) employees to be members of the bargaining committee.

The four (4) bargaining committee members shall be compromised of the chief

steward, one (1) employee from the inside department, one (1) employee from the

outside department and one (1) from the Merchandisers.

It shall be the Negotiating Committee’s function to meet with the

Company to renegotiate the renewal of this Agreement. Members of the Union

bargaining committee working on a shift other than the day shift will be allowed to

take the shift off before or immediately after the actual day the parties meet in

negotiations. The Union will advise the Employer as to the shift that will be taken

off.

The Employer and the Union will pay the costs of the printing of the

Collective Agreement.

6.04 The Union shall notify the Company in writing of the names of the

Stewards, alternative Steward and Negotiating Committee members. The Company

shall not be required to recognize any Steward or committee member until such

notification from the Union has been received.

6.05 The full-time representative of this local of the Union shall be allowed

to enter the premises of the Company providing the Union representative receives

prior approval from the General Manager, Sales Manager or Warehouse Supervisor.

Approval shall not be unreasonably withheld.

6.06 No individual member or group of members shall undertake to

represent the Local Union at a meeting with management without proper

authorization by the Union.

6.07 The Union Steward shall be allocated fifteen (15) minutes with

employees at a convenient time as part of the hiring process.

ARTICLE 7 - GRIEVANCE PROCEDURE:

7.01 Should any dispute arise between the Company and the Employees or

between the Company and the Union as to the interpretation, application or alleged

violation of any of the provisions of this Agreement, an earnest effort shall be

made to settle such difference without undue delay in the manner set out in this

Article.

7.02 It is understood that an employee should endeavour to resolve the

issue or complaint with his immediate supervisor prior to exercising his rights under

Stage One (1) of the grievance procedure.

If such a complaint is not settled to the satisfaction of the employee

concerned, the employee may file a written grievance in the following manner and

sequence.

7.03 STAGE ONE

The employee concerned and his Union Steward shall within fourteen

(14) calendar days after the date on which the incident giving rise to the grievance

occurs, present same in writing to the Manager.

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The Manager shall give his reply in writing within seven (7) calendar

days. The Company may refuse to consider any grievance, the circumstances of

which arose more than fourteen (14) calendar days prior to the occurrence of the

alleged grievance or when the circumstances first became known to the grievor. If

the employee feels that his grievance has not been satisfactorily settled he may

proceed to Stage Two (2).

7.04 STAGE TWO

The Steward concerned and/or a full-time business representative of

the Union shall on behalf of the employee present the grievance, in writing, on a

form supplied by the Union to the Manager or his designate with seven (7) calendar

days after a decision has been reached at Stage One (1). They shall meet and

discuss the grievance and the Manager shall send a written reply to the District

Office of the Union, and the Steward not later than seven (7) calendar days after

such discussion. The grievor shall be present at such meetings.

If a satisfactory settlement of the grievance is not reached at Stage

Two (2), then the grievance may be referred to arbitration within fourteen (14)

calendar days following receipt by the Union of the Manager's reply or the matter is

deemed to be settled.

7.05 Where any difference arises directly between the Company and the

Union as to the interpretation, application or alleged violation of any of the

provisions of this Agreement, the Union or the Company may initiate a grievance

beginning at Stage Two of the Grievance Procedure. Such grievance shall be filed

within fourteen (14) calendar days of the incident giving rise to the complaint and

be in the form prescribed in Stage Two (2). Any such grievance may be referred to

arbitration under Article 8 by either the Union in the case of a Union grievance or

the Company in the case of a Company grievance. The Union may not institute a

grievance directly affecting an employee or employees which such employee or

employees could themselves institute and the regular Grievance Procedure shall not

thereby be by-passed. If such matter(s) between the Company and the Union are

not resolved, the grievance may be submitted to Arbitration within fourteen (14)

calendar days, or the matter is deemed to have been resolved.

7.06 Wage grievances shall be taken up within fourteen (14) calendar days

after the employee has received his disputed pay.

7.07 If an employee, other than a temporary or probationary

employee, is discharged and believes that his discharge was without just and

sufficient cause, he may file a grievance which shall be immediately taken up as

Stage Two of the Grievance Procedure, provided the grievance is filed within seven

(7) calendar days from the date of discharge. The Company will give notice in

writing of the reasons for discharge to an employee within seven (7) calendar days

of the date of his discharge and the Company shall within such time mail a copy of

such notice to the Union office.

7.08 Whenever an employee is subject to disciplinary action, a Union

Steward shall be present provided a Union Steward is available. The Company will

not discipline or discharge any employee who has completed his probationary

period without just and sufficient cause.

7.09 If an employee is disciplined or discharged and he believes that such

discipline or discharge is without just and sufficient cause, he may file a grievance.

The Company will give notice, in writing, for such discipline to the employee within

seven (7) calendar days of the date of discipline. The Company shall, within such

time, mail a copy of such notice to the Union office.

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7.10 Any step of the Grievance Procedure may be waived by mutual

agreement in writing between the Company and the Union.

7.11 Notwithstanding any other provision of this Agreement, the

employment of a temporary or probationary employee may be terminated for any

reason at the sole discretion of management, and no arbitrator or arbitration board

shall have jurisdiction to entertain any grievance filed as a result of such

termination.

7.12 Decisions arrived at between the Company and the Union on the

disposition of any specific employee, Union or Company grievance shall be final

and binding upon the Company, the Union and the employee or employees

concerned.

7.13 All written notices of discipline, other than suspensions, more than

one year old shall not thereafter, form a part of an employee's record and shall not

be admissible in evidence of Arbitration.

7.14 Any mistakes on an employee’s pay greater than one hundred

($100.00) dollars, the Company will issue payment to the employee the following

(off-cycle) week.

ARTICLE 8 - ARBITRATION:

8.01 Should the Company and the Union fail to reach agreement upon any

grievance dealt with by them, then either party may refer it to arbitration by

informing the other party, in writing, within thirty-one (31) calendar days of the

decision at Stage Two (2) that they intend to go to arbitration.

8.02 When either party requests that a grievance be submitted to

arbitration, the notice shall contain the name and address of its nominee. Within

twenty-one (21) calendar days thereafter, the other party shall answer by indicating

the name and address of its appointee. Should the Union and the Company

nominee fail, within twenty-one (21) calendar days to agree on an Arbitrator, then

a joint application shall be made to the Minister of Labour for the Province of

Ontario, for the appointment of an Arbitrator forthwith.

The Arbitrator so chosen by either of the above methods shall hear the

evidence of both parties and render his decision after the completion of the taking

of evidence. The decision of the arbitrator shall be final and binding upon all

parties.

8.03 The parties agree that Section 49 of the Labour Relations Act shall

apply to this collective agreement.

8.04 Notwithstanding anything contained in this Article either party may

request the Minister of Labour for Ontario pursuant to Section 49/50 of the Labour

Relations Act.

8.05 No person may be appointed as an Arbitrator who has been involved

in any attempt to negotiate or settle the grievance.

8.06 The decision of an Arbitrator, including any decision as to whether the

matter is arbitrable, shall be final and binding upon the parties and upon any

employee affected by it.

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8.07 An Arbitrator shall not have jurisdiction to amend, alter, modify, or

add to, any of the provisions of this Agreement, nor to substitute any new

provisions in lieu thereof, nor to give any decision inconsistent with the terms

and provisions of this Agreement.

8.08 An Arbitrator shall have no jurisdiction to hear a discharge grievance

put forth by or on behalf of a temporary or probationary employee.

8.09 Time limits fixed in this Article may be extended by mutual agreement

in writing between the Company and the Union.

8.10 Each of the parties hereto will equally share the fees and expenses of

the Arbitrator.

8.11 Neither party shall raise or proceed with a timeliness issue argument

regarding “filing for arbitration” without having notified the other party of its final

position on any given grievance in writing.

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.

ARTICLE 9 - SENIORITY:

9.01 Bargaining Unit Seniority is the principle of granting preference to

employees for promotion, demotion, transfers, layoffs and recall from layoffs, and

all other matters in accordance with the length of continuous service, but only if an

employee has the qualifications necessary to fill the normal requirements of the job.

9.02 Bargaining Unit Seniority means the ranking of employees in

accordance with their most recent hiring date in the Bargaining Unit. Following

ratification of this Agreement, should two (2) or more employees acquire seniority

on the same date, the Company shall place their names on the seniority list in

alphabetical order.

9.03 A newly hired employee shall be on probation during his first one

hundred and twenty (120) days worked without seniority rights during that period.

Upon completion of his probationary period, his name shall be added

to the seniority list and his bargaining unit seniority shall be computed from the

date he last commenced to work for the Company.

Notwithstanding any other provision of this agreement, the

employment of a probationary employee may be terminated for any reason at the

sole discretion of the Company and no arbitrator or board of arbitration shall have

jurisdiction to entertain any grievance filed as a result of such termination.

9.04 There shall be two (2) DEPARTMENTS within the Bargaining Unit, one

(1) shall be the "OUTSIDE DEPARTMENT" and the other shall be the

"INSIDE DEPARTMENT".

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9.05 Employees classified as follows shall be in the "OUTSIDE

DEPARTMENT":

GENERAL TRUCK DRIVER, TRUCK DRIVERS HELPER, SERVICEMAN

9.06 Employees classified as follows shall be in the "INSIDE

DEPARTMENT":

CHECKER/STOCKTAKER, FORKLIFT OPERATOR, GENERAL LABOURER

9.07 The seniority list, showing employees bargaining unit seniority date

will be placed on the bulletin boards and will be revised by the Company at least

every six (6) months. Copies of this will be forwarded to the Local Union Office.

9.08 An employee who is absent due to illness or accident shall give the

Company as much notice as possible of the date he expects to return to work.

However, employees who report in for their regular scheduled shift without prior

notice may not be allowed to work that shift but shall return on the next scheduled

shift.

9.09 CANCELLATION OF SENIORITY RIGHTS

Seniority rights of an employee shall cease and his name shall be

stricken from the Seniority list and his employment shall be automatically

terminated for any of the following reasons:

(a) if the employee quits;

(b) if the Employee is discharged as per Article 3.01 and the discharge is

not reversed through the grievance procedure.

(c) if an employee is laid off for twenty-four (24) consecutive months.

(d) if the employee fails to return to work in compliance with the terms of

a leave of absence granted to him; or uses a leave of absence for a

purpose other than which it was granted;

(e) if the employee retires or is retired;

(f) if an employee is absent from work for more than three (3)

consecutive working days unless the employee has a bona fide

reason;

(g) if any employee fails to report to work following a recall, except as

provided in Article 11;

(h) on each occasion that an employee is absent from work due to

sickness or accident, his seniority will continue to accumulate for a

minimum of twelve (12) months or equal to the length of his

Bargaining Unit Seniority not to exceed twenty-four (24) months.

ARTICLE 10 - JOB POSTINGS AND TRANSFERS:

10.01 (a) In the event that a full-time vacancy or a newly created position

comes open, notice of such vacancy or newly created position shall be

posted for seven (7) calendar days on a bulletin board or boards

provided on the premises for such purpose.

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All such notices shall designate the job classification title, the shift;

the rate of pay of such job, and the date such notice was posted. Any

employee, who has bargaining unit seniority, may apply for such job

within the time limit specified above;

(b) All such completed notices shall be in duplicate and signed by the

Manager;

(c) Those employees, wishing to apply for such vacancy or newly created

position shall do so by affixing their signature to the job posting

notice. Such signature shall be witnessed by a Company Supervisor

and dated;

(d) After such notice has been posted for seven (7) calendar days, it shall

be removed from the bulletin board or boards, and a copy of such

notice shall be forwarded to the Union;

(e) If an employee is absent from work and during such absence a job

posting is made, such employee will be considered an applicant

provided he or a Union Steward acting as his agent and upon his

request affixes the employee's name to the posting within the

stipulated seven (7) calendar days period;

(f) The Company shall, within seven (7) calendar days after the notice

has been removed, post on the same bulletin board or boards for at

least seven (7) calendar days the name and length of service of the

successful applicant, a copy of which shall be forwarded to the Union;

(g) The successful applicant shall then fill the vacant or newly created

position as soon as reasonably possible which shall not be later than

the second Monday following the announcement of the successful

applicant as set out in Article 10.01 (f).

10.02 In selecting an applicant to fill a job vacancy within the bargaining

unit, the Company shall only be required to consider applicants who have

completed their probationary period.

10.03 (a) Applicants for a job vacancy will be selected by the Company on the

basis of their seniority standing as set out herein providing that they

have the qualifications necessary to fill the normal requirements of the

job.

(b) All full time employees hire after date of ratification should possess an

AZ class license.

(c) The Company shall offer training support for any employee who does

not hold a valid AZ class license at the ratification date. This training

support will consist of a one time reimbursement of licensing fees up

to approximately $100 upon successful completion of required testing.

This offer will be at the discretion of the Company provided the

business allows.

10.04 The Company will not hire any new permanent employee; while there

is an employee on lay-off who is subject to recall provided the said employee

returns to work when he is recalled, and is qualified to perform the duties of the

job.

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10.05 When an employee is transferred out of the Bargaining Unit he shall

retain his seniority in the Bargaining Unit for ninety (90) days. In the event that

such employee does not return to his former position within ninety (90) days, he

shall lose his seniority standing in the Bargaining Unit. Should an employee, after

the lapsing of ninety (90) days be transferred by the Company back into the

Bargaining Unit, he shall be placed at the bottom of the Seniority list.

10.06 In the event a route becomes available for any reason or a newly

created route comes open, notice of such route shall be posted and filled according

to Article 10 above.

10.07 Where a bargaining unit employee is temporarily transferred by the

Company to a job which carries a higher rate of pay than the job from which he is

transferred, he shall be paid the higher rate for all time worked in such higher rated

job.

10.08 Where a bargaining unit employee is transferred by the Company to a

job which carries a lower rate of pay, he shall continue to be paid at the higher

rate. Where, however, there is no work available for him in the job from which he

was transferred, he shall be paid at the rate of the job to which he was transferred.

ARTICLE 11 - LAYOFFS AND REHIRING AFTER LAYOFFS:

11.01 The Company shall give employees who have completed their

probationary period seven (7) calendar days notice of layoff or five (5) days pay in

lieu of notice except:

(a) where layoff is beyond the reasonable control of the Company (such

as flood, fire, labour dispute involving suppliers):

(b) where any employee is recalled on a temporary basis and works less

than five (5) days, such employee shall not be entitled to more than

one (1) day's notice of layoff;

(c) where an employee is bumped out of his job by another employee

pursuant to this Agreement, such employee shall not be entitled to

more than one (1) day's notice of layoff;

(d) where an employee is laid off for thirty (30) days or less.

11.02 If an employee is laid off because of lack of work, he shall have the

right to be recalled in accordance with his seniority standing up to twenty-four (24)

consecutive months following his layoff provided he reports to work within five (5)

days following the receipt by him, by registered mail, of a notice by the Company

to return to work. If the employee fails to report for work within such five (5) days

or indicates he does not intend to return to work, the Company may notify the next

employee on the Seniority list. However, if the first employee indicates to the

Company that he will be available to return to work within a period of ten (10) days

after the date of sending the first notice to him, he shall be entitled to return to

work within such fourteen (14) day period.

11.03 All layoffs, other than those set out in section 11.05 shall be done

according to Seniority as set out in Article 9, section 9.01.

11.04 Employees electing to exercise their bumping rights must notify their

supervisor of such by the end of the second (2nd) day of notice as to what

classification they wish to bump into.

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11.05 A person classified as a "DELIVERYMAN HELPER" and who has more

Seniority than a person classified as a "DELIVERYMAN" shall not be allowed to

exercise his Seniority to bump a less Senior person classified as a Deliveryman

unless the person classified as a Deliveryman Helper is slated to be laid off and

such layoff is anticipated to be or becomes more than thirty (30) consecutive days.

11.06 Notwithstanding their seniority status, Stewards will be continued at

work as long as work is available which they are willing and qualified to perform.

Where there is more than one Steward, his Bargaining Unit Seniority will determine

his preferential position for layoff.

11.07 In the event an employee is recalled to work on a temporary basis

(that is, not more than thirty (30) consecutive working days) from time to time the

following shall apply:

(a) if the employee refuses such recall he shall not thereby lose his

seniority rights or the right to a further recall under Article 11.02;

(b) if the employee reports for work he shall have the right to be recalled

under Article 11.02 for a period of twenty-four (24) months from the

date he is laid-off following completion of the work for which he

was temporarily recalled.

(c) notice of temporary recall may be given by telephone, telegram or

letter.

11.08 It shall be the duty of each employee to notify the Company promptly

of any change in his address or telephone number. If an employee does not do so,

the Company will not be responsible for failure of a notice or message to reach

him.

ARTICLE 12 - LOSS OF DRIVER'S LICENSE:

12.01 In the event that an employee who is required to drive a Company

vehicle public roadways loses his license for a period not to exceed twelve (12)

months due to incident which occurred outside his working hours and does not

involve a company vehicle, he shall, if a vacancy is available, be transferred to that

vacancy, provided he has the ability and qualifications to perform the required

work, and further provided that no other employee is adversely affected by such

transfer.

In the event that there is no vacancy available, he shall be considered

to be on leave of absence without pay and benefits until such time as he is again

eligible to drive resulting from the return of his driver's license, and shall at such

time be returned to his former position with his full seniority.

ARTICLE 13 - LEAVES OF ABSENCE:

13.01 PERSONAL LEAVE

(a) While it is the prerogative of the Company to grant a leave of

absence, an employee who has completed his probationary period may

apply for a leave of absence without pay or benefits for legitimate

personal reasons.

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A request for such leave shall be made in writing stating reasons prior

to the desired commencement date of the leave. If the Company

grants such leave, it shall confirm the terms of the leave in writing

with one (1) copy going to the Union, one (1) copy to the employee,

and one (1) copy remaining with the Company.

(b) If an employee's approved personal or Union leave of absence exceeds

one (1) month, he must arrange to prepay the premiums for all

benefits.

13.02 UNION LEAVE

(a) The Company shall, upon request of the Union made, in writing, at

least one (1) week in advance and two (2) weeks if practicable, grant

leave of absence not exceeding thirty-one (31) days total; for two (2)

employees each from different work classifications, who may be

selected by the Union to attend the annual Union conventions, Union

seminars, Union training sessions and other such Union conferences

and events.

(b) The Company will, on application by the Union given one (1) month in

advance, grant leave of absence to one (1) employee who may be

selected by the Union to fill an office or act in any official capacity for

the Union. Such leave shall not exceed at any one time a period of

twelve (12) months.

13.03 JURY DUTY

An employee who is called for jury duty or who is required to attend

at court in any matter arising out of his employment, or who is subpoenaed by the

Crown to appear in court as a witness, will receive for each day of necessary

absence on that account, the difference between his regular hourly rate of pay for

eight (8) hours for that day and the amount of the fee received from the court

(excluding expenses), provided the employee furnishes the Company with evidence

that his attendance is required and satisfactory evidence as to the amount of the

fee received.

13.04 BEREAVEMENT LEAVE

(a) The Company agrees that in the event of bereavement of an

employee’s spouse, son or daughter, to allow the employee time off,

not exceeding five (5) consecutive calendar days and to pay for the

days which he would have worked at his regular hourly rate of pay.

(b) The Company agrees that in the event of bereavement in an

employee's immediate family (meaning parents, sister, brother,

including step-parents, step-siblings and step-children, grandchildren,

current father-in-law, and current mother-in-law to allow the employee

time off, not exceeding three (3) consecutive calendar days and to pay

for the days which he would otherwise have worked at his regular

hourly rate of pay.

(b) The Parties agree that in the event of the death of an

employee's grandmother, grandfather, brother-in-law, and sister-in-

law, the employee shall receive one (1) day off without loss of pay,

provided the one (1) day's absence was the employee's regular work

day.

13

(c) A Common Law Spouse shall be recognized in all respects in this

Article and full entitlement shall be given for a Common Law Spouse.

A Common Law Spouse shall be that as defined in the Family Law

Reform Act.

(d) The Manager may grant the employee additional time off without pay.

13.05 MILITARY LEAVE

(a) A leave of absence shall be granted to an employee for the purpose

of allowing such an employee to train or respond to a call up from the

Canadian Armed Forces. In the event an employee serves in war time,

such employee shall be considered on a leave of absence until he/she

is discharged from duty and he/she shall have ninety (90) days to

report back to work. Upon returning to work, the employee shall be

reinstated to their former classification, rate of pay and with an

accumulation of seniority for all time spent on such leave of absence.

(b) Such requests referred to in (a) shall be made in accordance with the

procedure outlined in Article 13.01.

ARTICLE 14 - BULLETIN BOARDS:

14.01 The Company agrees to post and maintain a suitable board located at

a central location in the plant for the use of the Union.

ARTICLE 15 - BONDING OF EMPLOYEES:

15.01 In the event that it is required for employees to be bonded, the

Company shall pay one hundred (100) percent of the total cost of same.

ARTICLE 16 - LOSS OR DAMAGE TO CARGO OR EQUIPMENT:

16.01 Employees shall not be charged for loss or damage to merchandise or

equipment, except in the case of proof of negligence or willful damage.

ARTICLE 17 - VACATIONS WITH PAY:

17.01 The Company shall grant annual vacations with pay to employees on

the following basis: -

(a) Less than one (1) year of continuous service - in accordance with the

Ontario Employment Standards Act;

(b) One (1) year of continuous service - two (2) weeks;

(c) Five (5) years of continuous service - three (3) weeks

(d) Ten (10) years of continuous service - four (4) weeks;

(e) Twenty (20) years of continuous service - five (5) weeks;

(f) Thirty (30) years of continuous service - six (6) weeks.

14

17.02 Vacation pay shall be calculated and paid for each week of vacation at

the rate of two (2) percent of gross earnings and/or salary earnings received in the

year previous to the year in which the vacation entitled to is taken.

Vacationable earnings is defined as all employment income (short term

disability, regular pay, premium pay, vacation pay, bereavement, overtime, stat

holiday pay) less taxable benefits (life insurance, car taxable benefits, SharePower

taxable benefits). This list is subject to change in compliance with Revenue Canada

guidelines and is not inconsistent with Revenue Canada guidelines.

Vacation pay shall be paid prior to an employee going on vacation if

the Company has one (1) clear week's notice of the vacation. This pay shall be

itemized on a separate pay cheque leading to the net amount.

17.03 Vacation schedules shall be posted by March 31st of each year and

shall remain posted until April 30th, for any necessary re-adjustments of schedules

but after April 30th, there shall be no changes in the vacation schedules unless by

mutual agreement by the employer and any employee who is involved in the

change.

17.04 Choice of vacation periods shall be based upon the employee's

Bargaining Unit Seniority.

17.05 The vacation period shall be from JANUARY 1ST of each year

to DECEMBER 31ST.

17.06 If a Statutory Holiday falls within an employee's vacation period, he

will be granted another day in lieu thereof, such day off to be mutually agreed

between the employee and the Company or the holiday pay at the employee's

option.

17.07 If an additional day's holiday is granted to an employee in lieu of

holiday pay, such day will be taken by mutual agreement between the employee

and the Company.

17.08 Bargaining unit employees shall not be allowed to book more than

three (3) weeks of vacation during the months of June, July, August, or December.

Once all employees have booked their prime time choices, any unused weeks

during the above noted period shall be offered by seniority to bargaining unit

employees.

17.09 Two (2) employees from the inside department shall be allowed to be

absent on vacation at the same time.

17.10 Two (2) employees from the drivers shall be allowed to be absent on

vacation at the same time.

17.11 One (1) employee from the Servicemen classification shall be allowed

to be absent on vacation at any time.

17.12 One (1) employee from the Merchandisers classification shall be

allowed to be absent on vacation at any time.

15

ARTICLE 18 - PAID HOLIDAYS:

18.01 The Company agrees to recognize the paid holidays listed below.

Regardless of what day a holiday falls on, all employees not working

on any of these days, but who worked the last required work day prior to the

holiday and the first required work day after the holiday, shall receive one (1) full

day's pay at the regular rate of pay.

All employees working on these days shall receive time and one half

for all hours worked plus one (1) full day's pay for the holiday.

1. New Year's Day 7. Labour Day

2. Family Day 8. Thanksgiving Day

3. Good Friday 9. Christmas Day

4. Victoria Day 10. Day after Christmas Day

5. Dominion Day 11. Two (2) Floater Days

6. Civic Holiday

An employee shall not be denied payment under this article if he was

absent on a qualifying day, due to verified personal sickness or accident, personal

leave of absence, bereavement leave, jury duty or witness leave as set out in this

Agreement, provided that such absence does not exceed thirty-one (31) days.

ARTICLE 19 - HEALTH AND WELFARE:

All full-time employees will be eligible to participate in the Company’s

Flexible Benefit Plan, as described in the employee benefit book. Should the above

benefits change, the Company will notify the Union as soon as possible of any

such change.

In the case where a sick employee is entitled to receive payments

from salary insurance plan, if these payments are not received by the employee

within the first ten (10) work days following the date on which he made his written

claim pursuant to the illness, the Company, upon request from the employee and

signing of the appropriate forms, shall advance to him on a weekly basis the

equivalent of the payment to which he is entitled, up to a maximum of fifteen

hundred ($1500.00) dollars. When the payments are received from the salary

insurance, the employees shall undertake to reimburse the Company immediately.

ARTICLE 20 - HOURS OF WORK AND OVERTIME:

20.01 The regular work week for all employees (except those classified as

Serviceman and Preventative Maintenance) shall be forty (40) hours per week

consisting of five (5) eight (8) hour shifts or four (4) ten (10) hour shifts Monday

through Saturday.

(a) Employees working five (5) eight (8) hour shifts shall have two (2)

consecutive days as their assigned days off one of which shall be

Sunday.

(b) Employees working four (4) ten (10) hour shifts shall have two (2)

consecutive days as their assigned days off one of which shall be

Sunday.

16

(c) Company agrees to provide two weeks notice regarding a change from

the either shift (a) to (b) or from shift (b) to (a).

(d) Saturday work shall be scheduled by seniority.

Work performed on an employee's assigned day off other than Sunday

shall be paid at time and one-half (1 ½) the employee's regular hourly rate.

All employees who work on a Saturday and/or on a Sunday as their

regular scheduled shift shall receive the following shift premium: $1.45 per hour.

The four (4) ten (10) hour shifts shall not apply to two (2)

conventional side bay routes within the Greater Sudbury area.

Except for the Service department, where Article 20.09 will supersede

this current provision, any new employees hired after date of ratification or any

employees promoted as full-time employee after date of ratification into any other

department after that date shall be subject to Sunday work at straight time at

Management’s discretion or subject to customer needs.

Should the customer needs outstrip Company’s ability to service them

with new hires, the Company and the Union will meet and negotiate terms and

conditions in order to expand further Sunday service at straight time.

20.02 DAY SHIFT - (SHIFT SCHEDULE)

The regular daily work schedule of all Day Shift Employees shall be

eight (8) hours or ten (10) hours, scheduled between the hours of 5:00 a.m. and

6:00 p.m.

20.03 AFTERNOON SHIFT - (SHIFT SCHEDULE)

(a) The regular daily work schedule of all afternoon shift employees shall

be scheduled between the hours of 12:00 pm (noon) and 2:00 am;

(b) In the event that the Company implements a third shift and/or a night

shift, such shift shall be scheduled to start between the hours of

10:00 p.m. and 2:00 a.m.

(c) Except for lead hand on day shift, all bargaining unit employees

working in the warehouse on the day shift or afternoon shift and/or

night shift (if implemented) shall be on a one (1) week rotation. It is

understood that the Company is entitled to maintain a qualified work

force on each shift.

20.04 OVERTIME

All time worked in excess of the regular daily work schedules as set

out in 20.02 and 20.03 or in excess of eight (8) hours or ten (10) hours in a day

shall be paid for at the rate of time and one-half (1½) the employee's regular hourly

rate of pay.

20.05 With regard to Section 20.04 above, overtime work shall be offered to

employees in accordance with their bargaining unit seniority. If senior employees

decline the offer to work overtime it is agreed that the Junior qualified employee on

the premises at the time such work is needed shall be required to perform the

overtime work.

17

20.06 BANKED OVERTIME

The goal of Banked Overtime shall be to reduce the impact of layoffs

during non-peak periods.

(a) 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 and replenish to a maximum of

eighty (80) hours.

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 and at the

beginning of July, whether or not they will participate in the program

and can not alter this decision during the year, save and except new

hires.

These hours may be taken at a 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.

(b) Employees shall be entitled to use their banked hours, to the

equivalent of a maximum of six (6) days to cover off sick time. In

addition, employees may use, to a maximum of five equivalent days,

their banked time to cover off the waiting period for STD.

(c) Should the employee request it, they shall have their banked overtime

lump sum deposited in either the Pepsi payroll administered Group

registered retirement savings plan or the Pepsi Pension Plan.

(d) At the July 1st re-election period, an employee may request to have

their banked overtime lump sum deposited into payroll administered

Group Registered Retirement Savings Plan. This mid-year RRSP

Deposit option is in addition to the existing year-end payout that is

already in place.

20.07 Notwithstanding Article 20.06 above, if an employee qualifies for

weekly indemnity, he may at his option use banked overtime to cover the waiting

period. This may be used only once per calendar year.

20.08 REGULAR WORK WEEK - AND - DAILY WORK SCHEDULE OF

PERSONS CLASSIFIED AS SERVICEMAN

(a) The regular work week of the above named persons may be TUESDAY

through SATURDAY one (1) week and MONDAY through FRIDAY the

following week, the above weekly rotation may be altered by those

employees affected upon mutual agreement by all concerned.

(b) The regular daily work schedule of such persons shall be in

accordance with Article 20.02 and 20.03.

18

(c) Persons classified as Serviceman whose regular weekly schedule

requires them to work on Saturday as a regular scheduled day, (when

working on the Tuesday through Saturday Schedule) shall be paid

straight time for work performed on such Saturday, and Article 20.06

shall not apply in that instance.

(d) Employees who are required to be on standby after the completion of

their regular daily work schedule shall be paid four (4) hours pay at

their regular straight time hourly rate of pay for performing such duty.

Standby duty shall end at 10:00 p.m. In the event that they are

required to make a service call, then they shall be paid the greater

amount of the hours they actually worked or the four (4) hours

standby pay.

(e) Employees who are presently in the Service Department as of January

1, 2000 shall not be required to work on Sundays as part of their

regular work week. All employees hired or transferred into that

department after that date shall be subject to Sunday work at straight

time at Management’s discretion or subject to customer needs.

(f) Notwithstanding Article 20.08 (d), the following will apply to persons

classified as Serviceman:

Employees who are required to be on standby after the completion of

their regular daily work schedule for an entire week shall be paid eight

(8) hours pay at their regular straight time hourly rate of pay for

performing such duty Monday to Friday, and four (4) hours pay for

Saturday as well as four (4) hours pay for Sunday.

20.09 REST PERIODS

The Company shall grant to all employees a rest period with pay of

fifteen (15) minutes duration during each half of the shift. Such rest periods shall

be taken as close as possible to the mid-way point of each half shift.

20.10 LUNCH BREAK

The Company shall grant all employees a daily lunch break on one-half

hour's duration (unpaid). Such lunch period shall be taken as close as possible to

the mid-way point of the shift.

20.11 REST PERIODS ON OVERTIME

If an employee is scheduled to work more than two (2) hours

overtime, or if it is anticipated that an employee will be required to work two (2) or

more hours of overtime at the end of his regular shift, he will be allowed to take a

fifteen (15) minute break without loss of pay before he commences his overtime,

and further he shall be paid a meal allowance of $10.00 for 2013, $10.50 for

2015 and $11.00 for 2017. Such employee shall be entitled to further fifteen (15)

minute paid rest periods upon completion of each further two (2) hours work.

ARTICLE 21 - CALL-OUT PAY:

21.01 If an employee has completed his day's work and left the Company's

premises and is subsequently called into work by the Company he will be paid a

minimum of four (4) hours pay at his regular straight time hourly rate, but this

provision shall not apply when an employee is requested to work overtime at the

commencement of his shift.

19

ARTICLE 22 - REPORTING PAY:

22.01 If an employee reports for work at the commencement of his regular

shift without having previously been told not to report, and there is no work

available at his regular job, he shall be paid a minimum of four (4) hours' pay at his

regular straight time hourly rate, provided he performs whatever available work

which is assigned to him. However, any such employee who has been absent from

work must assume the responsibility for checking with the Company to determine

if work is available before returning.

ARTICLE 23 - PREMIUMS:

23.01 SHIFT PREMIUM

(a) Employees required to work on the afternoon shift as set out in Article

20.03 or on a shift other than the regular day shift as set out in Article

20.02, shall be paid a shift premium as follows for all such hours

worked between the hours of 4:00 pm and 5:00 am.

Effective May 28, 1996, such shift premium shall be one dollar and

twenty-five cents ($1.25) per hour.

(b) All such shift premiums shall be in addition to an employee's regular

hourly rate of pay.

23.02 PYRAMIDING

There shall be no pyramiding of any premiums contained in this

Collective Agreement.

THE ABOVE $1.25 PREMIUMS DOES NOT APPLY TO DRIVERS

WORKING AFTER 4PM.

ARTICLE 24 - SAFETY SHOE ALLOWANCE:

24.01 The Company agrees to provide a Safety Shoe allowance of one-

hundred and fifty ($150.00) dollars on the first (1st) pay in January of each year.

ARTICLE 25 - UNIFORMS:

25.01 The Company shall supply to all employees covered by this agreement

and who have completed their probationary period, the following amount of points

which are to be used for the purchase of uniforms. Outside employees shall be

allowed forty five (45) points yearly to be used towards the purchase of company

uniforms. Inside employees are to be allowed thirty five (35) points yearly to be

used towards the purchase of uniforms.

Inside employees are to be allowed sixty-five (65) points yearly to be

used towards the purchase of uniforms.

The following shall be the points allotted per uniform item:

Check CR LS Button Down – 4 points

Check CR SS Button down – 4 points

Polo – 4 points

20

T-shirt (warehouse only) – 2 points

Pleated Shorts – 8 points

Cargo Shorts – 8 points

Cargo Pants – 10 points

Pleated Pants – 10 points

Sweatshirt – 6 points

Vest – 6 points

Rain Jacket – 12 points

Rain Pants – 12 points

Hats – 1 point

Spring Jacket – 14 points

Winter Jacket – 24 points

Fleece Jacket – 14 points

Windshirt – 12 points

ARTICLE 26 - RATES OF PAY:

26.01 The classification and hourly wage rates applicable to each such

classification as set out below shall apply for such employees and shall be

maintained during the life of this Agreement.

EFFECTIVE JANUARY 1, 2013

Effective January 1, 2013, the wage for all classifications will

increase $0.25 per hour. Upon ratification of this new Collective Agreement,

retroactive pay will be calculated and paid out to employees on the next possible

pay.

Start

Rate

After 3 mos

service with

the Company

After 6 mos

service with

the Company

After 12 mos

service with

the Company

General Truck Driver $24.46 $24.53 $24.97 $25.23

Full Service Truck Driver $24.46 $24.53 $24.97 $25.23

Serviceman “A” $24.29

Serviceman “B” $24.09

Preventive Maintenance Man $23.69

Truck Driver’s Helper $22.95

MEM Lead Hand $25.24

Checker/Stocker $23.84

Forklift Operator $23.84

General Labour $22.95

Warehouse Lead Hand $24.49

Note: Applicants for Lead Hand vacancies shall be selected by the Company on

the basis of their skills, abilities and experience. Should there be more than once

applicant with the same relative qualifications, the position will then be awarded to

the most senior applicant.

21


Effective January 1, 2014, the wage for all classification will increase $0.25 per

hour.

Start

Rate

After 3 mos

service with

the Company

After 6 mos

service with

the Company

After 12 mos

service with

the Company













Effective January 1, 2015, the wage for all classifications will increase $0.40 per

hour.

Start

Rate

After 3 mos

service with

the Company

After 6 mos

service with

the Company

After 12 mos

service with

the Company














hour.

Start

Rate

After 3 mos

service with

the Company

After 6 mos

service with

the Company

After 12 mos

service with

the Company












22



hour.

Start

Rate

After 3 mos

service with

the Company

After 6 mos

service with

the Company

After 12 mos

service with

the Company












Merchandisers at a rate of $17.25 shall receive the following wage:

Effective Jan.1, 2013 - 17.50





Merchandisers at a rate of $14.25 shall receive the following wage:

Jan.1, 2013 - 14.75

Jan.1, 2014 - 15.25

Jan.1, 2015 - 15.75

Jan.1, 2016 - 16.25

Jan.1, 2017 - 16.75

Serviceman “A” and “B”

Should the Company require persons in these classifications to drive a vehicle of

which requires a license higher than a “G” class, the Company will agree to pay

those employees the Truck Driver’s General Truck Driver rate for all time worked in

a classification higher than a “G”.

• It is understood that wages for seasonal/temporary employees remain

unchanged.

ARTICLE 27 - EMPLOYMENT OF PART-TIME CASUAL OR NON-BARGAINING UNIT

EMPLOYEES:

27.01 The Company agrees that no seasonal/temporary employees shall be

allowed to perform work or be employed if it would mean shorter than forty (40)

hours per week for regular full-time employees except where regular employees are

not available to perform the necessary work after the Company has made every

reasonable effort to contact regular full-time employees to perform the necessary

work.

23

The Company further agrees that no persons excepting those covered

by this Collective Agreement shall be allowed to perform regular routine work

normally performed by bargaining unit employees if it would mean the layoff or

reduction to less than forty (40) hours per week for regular full-time employees or

prevent the hiring of regular full-time employees. This clause shall not operate to

prevent the Company from using non-bargaining help where qualified bargaining

unit employees are not available to perform the necessary work, provided the

Company has made every reasonable effort to contact the regular employees to

perform the necessary work.

27.02 The terms and conditions of employment covering seasonal/temporary

employees shall be set out in Schedule "A" of this agreement.

27.03 DELIVERYMEN/HELPERS

The Company, at its own discretion, shall supply Deliverymen with

helpers, when such helpers are reasonably required.

27.04 HAND CARTS

The Company agrees that all delivery trucks shall be supplied with

inflatable tire wheelers, and the Company undertakes to keep a reasonable supply

of same.

ARTICLE 28 - SAFETY:

28.01 The Company shall maintain its plant and equipment in a safe and

orderly condition, and the Union shall cooperate with the Company in obtaining

proper observances of rules governing safe (and efficient) working practices, safety

and fire hazards.

28.02 It is to the mutual advantage of both the Company and the employees

that employees should not operate vehicles which are not in a safe operating

condition and not equipped with the safety appliances required by law. It shall be

the duty of employees to report promptly, in writing, to the Company, all defects in

vehicles in unsafe operating condition in accordance with Department of Highways

Regulations.

The maintenance of equipment in sound operating condition in not

only a function, but a responsibility of management. The determination of, as well

as the responsibility for all decisions in regard to the condition of equipment shall

rest with the senior qualified representative of the Company on the premises.

28.03 It is agreed between the parties hereto, having regard for safety and

drivers' health factor, that all power units shall have adequate heaters, windshield

wipers and defrosters installed.

28.04 The Company agrees to pay drivers fines for overweight Company

vehicles.

24

28.05 Health and Safety Committee:

(a) The Company and the Union agree to establish within ninety (90) days

following the signing of this Collective Agreement a Safety and Health

Committee, and in doing so, the parties agree to maintain reasonable

policies and practices to ensure the safety and health of the

employees and the customers of the Company.

(b) The Safety and Health Committee shall be compromised of at least

two (2) persons selected by the Company and a max of three (3)

persons appointed by the Union.

(c) The Safety and Health Committee shall meet not less than once

a month.

(d) The Committee shall record and keep an accurate set of minutes of

all such meetings and shall as its prime objective make

recommendations to the Company for the continued of improved

safety practices and procedures of the site.

(e) The Union and the Company shall receive a copy signed by the

certified members of all such minutes and recommendations of the

Committee. A copy will also be posted on the Health and Safety

board.

(f) The Company shall examine and respond to all such committee

recommendations as soon as practicable.

ARTICLE 29 - TECHNOLOGICAL CHANGE:

29.01 (a) If during the life of the Agreement the Company wishes to

make a technological change which would have the effect of

abolishing existing classifications or creating new classifications or

which will result in the lay-off of any permanent full-time regular

employee, the Company will give the Union notice in writing of such

changes as far in advance as possible.

The Company will meet with the Union to consider ways and means

of reducing the impact of such changes upon employees affected.

(b) It is not the intent of the Company to disrupt or indiscriminately

change the present system of distribution. However, if a change

becomes necessary due to economic or business conditions, the

Company agrees to discuss those changes with the Union and

implement a viable solution that will have the least impact on those

employees involved.

(c) In the event that the Company totally discontinues its operations from

the Sudbury facility, it is agreed that the Company will provide the

following severance benefits:

Those employees who have reached a minimum of one year of service,

(i) Employees with one (1) year of service to four (4) years eleven (11)

months of service will receive 1.5 weeks pay per complete year of

service, at regular hourly rate.

25

(ii) Employees with five (5) years of service to fourteen (14) years eleven

(11) months of service will receive two (2) weeks pay per complete year

of service, at regular hourly rate.

(iii) Employees with fifteen (15) years of service or more will receive 2.5

weeks pay per complete year of service at regular hourly rate.

29.02 DRIVERS PHYSICAL EXAMINATIONS

Whenever an employee in a driver classification is required by

legislation or government regulation to undergo a periodic physical examination in

order to remain qualified for his Class "A" driver's license, he shall attempt to

arrange such an examination outside of working hours. If it is not possible to

arrange such an examination outside of working hours, and if the employee gives

the Company sufficient notice, the Company will schedule the employee so he may

leave work to attend the examination without loss of pay.

29.03 The Company agrees to reimburse the cost of the driver's periodic

medical examination upon receiving a copy of the medical practitioner’s receipt.

29.04 In the event that a driver needs to have a criminal search document to

deliver to Ontario School Boards, costs of the search will be reimbursed upon

receiving a copy of the receipt.

ARTICLE 30 - NO DISCRIMINATION:

30.01 There shall be no discrimination against any employee because of

race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion),

sex, sexual orientation, handicap or disability, age, marital status, family status,

record of offences or membership in the Union.

The Company recognized 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.

26

ARTICLE 31 - TERMINATION AND RENEWAL:

31.01 This Agreement shall become effective as of January 1, 2013 and

shall continue in effect until December 31, 2017 at which time it shall be

automatically renewed unless either party gives notice to the other, not more than

ninety (90) days prior to the expiry date of its desire to enter into negotiations for

the revisions or renewal of all or any part of this Agreement and both parties shall

thereupon enter into negotiations in good faith and make every reasonable effort to

secure a renewal.

IN WITNESS WHEREOF THE PARTIES HERETO RECEIVED THIS COLLECTIVE

AGREEMENT THIS DAY OF , 20 , AT SUDBURY,

ONTARIO.

SIGNED FOR THE UNION: SIGNED FOR THE COMPANY:

PETER WASNEY JASON MCKENNA

Bargaining Committee Representative Regional Sales Director

MICHAEL BERNIER STEVE TOTTEN

Bargaining Committee Representative National Labour Relations

Manager

BRIAN MARYUK

Bargaining Committee Representative

JEFFREY J. BARRY

Representative

DERIK J. McARTHUR

Director- Region 8

U.F.C.W. Locals 175 & 633

27

SCHEDULE "A"

SEASONAL/TEMPORARY EMPLOYEES

1. A seasonal/temporary employee is an employee who shall not work more

than twenty-four (24) hours per week except for the periods between April

15 up to and including September 15, during the period between November

15 and December 31 of each year and any hours worked on Sunday.

2. Seasonal/temporary employees shall be on probation during their first one

hundred and twenty (120) work days during which time they may be

dismissed without recourse.

3. Upon completion of their probationary period, seasonal/temporary employees

shall be placed on a separate seniority list with their seniority computed from

their first day of hire. Such list shall be revised every three (3) months and

shall show the employee's name, address and telephone number and a copy

shall be sent to the Union Office.

4. Article 1.01, Article 3, Article 5, Article 7 and Article 8 of the full-time

collective agreement shall apply to seasonal/temporary employees.

5. Seasonal/temporary employees shall be not entitled to the benefits

contained in Article 19 of the full-time collective agreement except that

they are entitled to all payments required by law.

6. Seasonal/temporary employees shall be given first opportunity by seniority

to fill full-time positions as long as the employee has the qualification

necessary to fill the normal requirements of the full-time job available.

In the event the Company fills the full-time position with a

seasonal/temporary employee as contained above, they will be subject

to a probationary period of sixty (60) worked days. Upon completion of

the full-time probationary period, the employees’ seniority date shall go

back to the beginning of the full time probationary period.

7. The Union shall be notified immediately following the hiring of a seasonal

temporary employee stating his name, address and telephone number.

8. Wages for seasonal/temporary employees shall be as follows:

Warehouse effective on

Ratification

Part-time Driver

effective on Ratification

Start $14.00 $17.00

After probation $14.00 $17.00

12 months seniority $14.25 $17.25




28

LETTER OF AGREEMENT # 1

BETWEEN: PepsiCo Beverages Canada - Sudbury



LOCAL 175


RE: NORTH BAY ROUTES

This letter shall be considered full and final settlement of all outstanding issues

concerning the two North Bay routes and shall be considered in all respects as

forming part of the collective agreement held between the parties.

The Company agrees that employees Messrs Peter Boudreau and Richard

Boissenault shall become and remain members of the Local Union in good standing

as a condition of their employment in accordance with the terms of the Collective

Agreement held between the parties. The following shall apply to Messrs. Boudreau

and Boissenault:

(a) the parties hereto agree that they shall continue in their capacity as

General Truck Drivers on the two North Bay routes;

(b) the Company agrees to continue to recognize the following dates as

their service dates for any benefits that they may be entitled according to their

service

Richard Boissonneault: March 29, 1983

Peter Boudreau: November 28, 1989

(c) their bargaining unit seniority for all other purposes with respect to the

collective agreement shall be in the case of Richard Boissenault March 28, 1991

and in the case of Peter Boudreau March 29, 1991 following which they shall be

covered by all the terms and conditions of the collective agreement held between

the parties and however they shall not be obligated to serve a probationary period;

(d) senior qualified bargaining unit employees shall have the right to bump

or otherwise displace the employees contained above only if and when the senior

qualified bargaining unit employees are subject to being laid off;

(e) the Company agrees that should one or both of the employees

mentioned above vacate their present positions for any reason, the vacated

position or positions shall be filled subject to the job posting procedure as set out in

Article 10 of the collective agreement held between the parties;

(f) the Company agrees that should one or both of the employees

mentioned above vacate their present positions for any reason, the vacated

position or positions shall be filled subject to the job posting procedure as set out in

Article 10 of the collective agreement held between the parties;

(g) the Company and the Union agree that prior to the above mentioned

position or positions are posted, the parties hereto shall meet in order to negotiate

a mutually agreeable weekly work schedule;

29

(h) once the vacated position or positions are filled, no bargaining unit

employees may bump into or otherwise displace the filled position or positions

unless a more senior bargaining unit employee or employees to that of the person

or persons who have filled the position or positions would be subject to a layoff;

(i) the Pepsi Flex Benefit Plan will continue to apply to drivers Peter

Boudreau and Richard Boissonneault.

DATED AT SUDBURY, ONTARIO, THIS DAY OF , 20 .


PETER WASNEY JASON McKenna




Manager

BRIAN MARYUK


JEFFREY J. BARRY

Representative

30

LETTER OF AGREEMENT # 2




LOCAL 175


This letter of agreement shall be considered to form a part of the collective

agreement.

Any improvements made to the Company overall pension plan during the term of

this collective agreement shall apply to the Sudbury bargaining unit employees.







Manager

BRIAN MARYUK


JEFFREY J. BARRY

Representative

31

LETTER OF AGREEMENT #3




LOCAL 175


Employees will be assigned by seniority within their classification. If need be,

employees will be transferred to other classification/department by reverse order of

seniority, assuming they are qualified to perform the work. When such transfer

occurs, employees will receive the rate of pay of the classification to which they

are transferred.

In the event that an employee is transferred to another classification but there is

work for him in his classification, he shall continue to be paid at the rate of pay of

his classification.







Manager

BRIAN MARYUK


JEFFREY J. BARRY

Representative

32

LETTER OF AGREEMENT #4




LOCAL 175


RE: MERCHANDISERS

This letter shall be considered in all respects as forming part of the Collective

Agreement held between the parties.

The Company agrees that employees Lawrence Bourget, Derek Robinson, Brad

Smith and Mark Nurmi shall become and remain members of the Local Union in

good standing as a condition of their employment in accordance with the terms

of the Collective Agreement held between the parties. The following shall apply

to Messrs Lawrence Bourget, Derek Robinson, Brad Smith and Mark Nurmi:

(a) The parties hereto agree that they shall continue in their capacity

as Merchandiser;

(b) The Company agrees to continue to recognize the following dates

as their service dates for any benefits that they may be entitled

according to their service.

Lawrence Bourget May 10, 2004

Derek Robinson May 10, 2004

Brad Smith February 3, 2013

Mark Nurmi February 4, 2013

The above mention employees seniority date for the purpose of Article 10 (Job

Postings), Article 11 (Layoff and Rehiring after Layoff) shall be March 6, 2012,

however if two (2) of the above mention employees bid on the same job posting

then their hire date shall govern.

(c) Accept in the case of permanent layoff, there shall be no

bumping into the Merchandising department by any other

employee regardless of their seniority.

(d) Hour of work/work week in Merchandising, shall (although not to

be construed as a guarantee of hours), consist of any 4x10 hour

of 5x8 hour schedule.

(e) For the above-noted employees, the Company shall only change

the current shift schedule as of February 3, 2013, after providing

four (4) weeks’ notice of their intent to do so.

33

DATED AT SUDBURY, ONTARIO, THIS DAY OF , 20






Manager

BRIAN MARYUK


JEFFREY J. BARRY

Representative

collective agreement - ontario and finance/413... · letter of agreement ... shall mean an employee...

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