collective agreement pepsico beverages canada, … · 2 2.05 an employee hired as a temporary...

Between:

And:

COLLECTIVE AGREEMENT

PEPSICO BEVERAGES CANADA, a body corporate carrying on business in the Province of Ontario (hereinafter called the "Employer")

UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175 (hereinafter called the "Union")

THE UNION AND THE EMPLOYER MUTUALLY AGREE AS FOLLOWS:

ARTICLE 1 - PURPOSE

1.01 The purpose of this Agreement is to establish harmonious and mutually satisfactory relations between the Employer and its employees; to provide an orderly procedure for the prompt and equitable disposition of complaints and grievances which may arise from time to time; and to ensure to the utmost possible extent, the safety and welfare of the employees, the efficiency and economy of operations, the quality of work and the protection of property.

ARTICLE 2 - DEFINITION OF EMPLOYEES

2.01 The term "Employees" as used in this Agreement, shall refer only to those employees covered by Article 3 - Union Recognition of this Agreement.

2.02 A full-time employee is one who works not less than thirty (30) hours per week on a regularly scheduled basis. A full-time employee who has his hours of work reduced to less than thirty (30) hours per week on a temporary basis retains his status as a full-time employee.

2.03 A part-time employee is one who works less than thirty (30) hours per week on a regularly scheduled basis.

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2.05 An employee hired as a temporary employee shall be advised at the time of his hiring of his temporary status and the duration of his employment.

2.06 In this Agreement, the use of a masculine pronoun shall be construed as if the feminine pronoun had been used where the context so requires.

ARTICLE 3 - UNION RECOGNITION

3.01 The Employer recognizes the Union as sole and exclusive bargaining agent for all employees of the Employer in the tri-municipal area of Kenora, save and except Administrative Assistant, supervisors, persons above the rank of supervisor, and temporary employees.

3.02 No employee in the bargaining unit shall be required to become a member of the Union as a condition of employment.

ARTICLE 4 - NO DISCRIMINATION

4.01 The parties agree that there shall be no discrimination against any employee for reasons of age, sex, race, colour, religious affiliation, national origin or Union activities.

4.02 The parties agree that there shall be no intimidation, interference, restraint or coercion exercised or practised by them or their representatives upon employees because of membership or non-membership in the Union.

ARTICLE 5 - RESERVATION OF MANAGEMENT RIGHTS

5.01 The Union recognizes and acknowledges that the management of the operations and the direction of the working force are fixed exclusively in the Employer and without limiting the generality of the foregoing the Union acknowledges that it is the exclusive function of the Employer to:

or

3

bargaining unit;

c) establish and administer tests for the purpose of assisting the Employer in determining an employee's qualifications and require medical examinations at the Employer's expense and without loss of pay at any time with forty-eight (48) hours notice.

d) operate and manage the business in all respects in accordance with the Employer's commitments, obligations and responsibilities including the right to determine the nature and kind of business conducted by the Employer, determine the number and location of the Employer's establishments, the extension, limitation, curtailment or cessation of operations or any part thereof, direction of the work force, schedules of operations, number of shifts, products and services to be rendered, methods, tools, processes and means of warehousing/and distribution methods, techniques and work procedures, quality and quantity standards, kinds and locations of equipment, machinery and vehicles to be used at any time, selection and use of materials required by the Employer; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; decide the number and type of employee needed by the Employer at any time, number of hours to be worked; starting and quitting times, when overtime shall be worked; determine financial policies, including general accounting procedures and customer relations.

5.02 The Employer reserves the right to select its own medical examiner or physician when requiring a medical examination under paragraph 5.01 (c) above, and the Union may have the employee re-examined at its expense if it feels that an injustice has been done in the first examination.

5.03 The foregoing enumeration of management's rights shall not be deemed to exclude other functions not specifically set forth, the Employer, therefore retaining all rights not otherwise specifically and expressly covered in this Agreement.

5.04 In administering the agreement, the Company shall act reasonably, fairly, and in good faith and in a manner consistent with the agreement as a whole.

are

or new

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ARTICLE 6 - STRIKES AND LOCKOUTS

6.01 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, interruption, slow down or stoppage of work either complete or partial or any other interference which will halt, disrupt, limit or interfere with normal service of work.

6.02 The Employer agrees that there will be no lockout of employees during the life of this Agreement.

6.03 The Union, by one of its International officers or officer of the Local, shall repudiate any strike or other concerted cessation of work whatsoever by any group or number of employees which takes place contrary to the provisions of this Agreement and shall declare that any picket line set up in connection therewith is illegal and not binding on members of the Union. The repudiation and declaration shall be communicated to the Employer and the membership in writing, within twenty-four (24) hours after the cessation of work by the employee, or the forming of the picket line respectively.

ARTICLE 7 - DUES DEDUCTIONS

7.01 The Employer shall deduct each pay period from the wages of employees in the bargaining unit such weekly dues as may be adopted and designated by the Union.

7.02 The Union shall notify the Employer in writing of the amount of such dues and shall notify the Employer in writing of any changes in these amounts during the term of this Agreement.

7.03 The Employer shall during the term of this Agreement, as a condition of employment deduct from members of the bargaining unit, the regular weekly union dues and such dues shall be remitted to the Union, in the format in article below, prior to the fifteenth ( 15111

) of the month following the month in which deduction is made.

The Employer shall collect membership initiation fees as may be established and forms to the Union

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spreadsheet will be in a format provided by the Union and the Company will provide the following current 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 reason a deduction was not made). If dues are

deducted weekly, report requires five columns for reporting. 11. Total dues deducted 12. Back dues owing 13. Vacation pay breakdown for dues owing 14. Initiation fees deducted 15. Total initiation fees deducted

7.04 Union Dues deducted from the Employer's payroll during the calendar year shall be included on the T-4 Income Tax forms that are provided by the Employer.

7.05 The Union shall indemnify and save the Employer harmless from any and all claims for amounts deducted from pay and remitted under the terms of this Article.

ARTICLE 8 ·UNION REPRESENTATION

8.01 The Employer acknowledges the right of the Union to appoint or otherwise select two (2) Stewards: To be eligible to be a Steward the employee must have at least six (6) months' seniority with the Employer.

The number of Stewards may be altered by agreement between the parties.

nm~le«JOE!S that a Steward has regular to perform on a Steward shall conduct his

It is understood that employees having shall with a Steward working hours, the case of a

he shall

regular duties without first obtaining permission to do so from his immediate supervisor. It is understood that the taking of such time away from regular duties shall be kept to a minimum and that permission will not therefore be unreasonably withheld. Stewards shall return to their regular duties as expeditiously as possible. The Employer reserves the right to limit such time if the time requested is unreasonable.

8.04 a) The Employer acknowledges the right of the Union to appoint or otherwise select two (2) employees to form the Negotiating Committee. It shall be the Negotiating Committee's function to meet with the Employer to negotiate the renewal of this Agreement.

b) The parties agree to share equally the total cost of the negotiation meeting room as well as the printing costs of the Collective Agreement.

c) The Company will pay employees (up to two (2)) for their participation in Collective Bargaining and will receive payment for said wages upon invoicing of the Union for wages and employer and employee portions of statutory deductions commencing with the next set of negotiations.

8.05 The Union shall notify the Employer in writing of the names of the Stewards and Negotiating Committee member. The Employer shall not be required to recognize any Steward, or Committee member until such notification from the Union has been received.

8.06 The Union agrees that there shall be no solicitation of members or other Union activities on the premises of the Employer, or during working hours except as permitted by this Agreement. It is understood and agreed that no meeting of the Union or its members will be held on the premises of the Employer at any time without the prior approval of the Employer.

8.07 A request by a staff Representative of the Union for access to the Employer's premises for the purpose of consulting with a Steward with regard to Union matters, or the Employer shall not be unreasonably withheld. Such consultations shall be in a place designated by the Employer and time taken in excess of five (5) minutes shall not be on Employer time.

it as the Employer

GTH'rT"' to assume a full work on the part and any other practices which restrict optimum

prevent the customer

ARTICLE 9 - GRIEVANCE PROCEDURE

9.01 It is the mutual desire of the parties hereto that complaints of the employees shall be dealt with as quickly as possible without stoppage of work, and it is understood that an employee may present an oral complaint at any time, without recourse to the grievance procedure herein.

9.02 A grievance shall be defined as a complaint regarding the interpretation, application or alleged violation of the terms and provisions of this Agreement, or in the case of an employee who has acquired seniority under this Agreement, a complaint that he has been discharged or disciplined without just cause.

9.03 It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. If an employee has a complaint, he shall discuss it with his immediate supervisor. In order to be considered a grievance, such discussion must take place within five (5) working days after the circumstances giving rise to the complaint first occurred or originated. The immediate supervisor shall communicate his reply to the complaint within three (3) working days.

If such complaint is not settled to the satisfaction of the employee concerned, the complainant may file a written grievance in the following manner and sequence.

STEP 1

The employee shall submit a signed, dated, written statement of such grievance (on a form supplied by the Union and approved by the Employer) to his supervisor within five (5) working days after he has received the reply of the supervisor. The nature of the grievance, the Article of the Agreement that has been violated, misapplied or misinterpreted, and the relief or remedy sought shall be clearly set out in the grievance. The supervisor shall deliver his decision in writing to the Staff Representative of the Union within five (5) working days following the day on which the grievance was presented to him. Failing settlement, then:

STEP 2

9.04 It is the intention of the parties that this Article shall provide a peaceful method of adjusting grievances therefore it is agreed that there shall be no suspension or interruption of normal operations as a result of any grievance.

It is expressly understood that an employee who has a complaint or a grievance shall follow the procedures as outlined in this Article and pending the investigation and determination of the validity of such claim shall continue to perform the duties assigned to him by management (unless he has been suspended or discharged), providing such duties do not jeopardize the life, health or safety of the employee.

9.05 The Employer shall have the right to lodge a grievance with the Union concerning the meaning, application or interpretation of any provision of this Agreement commencing at Step 2 of the grievance procedure. The grievance shall be filed in writing with the Union by senior management within seven (7) working days of the initial incident giving rise to the complaint. A meeting shall be held between representatives of the Employer and the Union within seven (7) working days of filing of the grievance. The grievance shall be answered in writing by the Union within ten (10) working days of such meeting.

9.06 An employee, other than a probationary employee, claiming that he has been discharged from employment without just cause shall file a signed, dated, written statement of such grievance setting out the nature of the grievance and the specific remedy sought at Step No. 2 of the Grievance Procedure provided such grievance is lodged with the Manager within three {3) working days of the discharge.

9.07 Any step of the Grievance Procedure may be waived by mutual agreement in writing between the Employer and the Union.

9.08 If final settlement of the grievance is not reached at Step No. 2 then the grievance may be referred in writing by either party to arbitration as provided in Article 10 -Arbitration, at any time within ten ( 10) working days after the final decision is given in Step No.2. If no such written request for arbitration is received within the ten (10) working day time limit then the grievance shall be deemed to have been abandoned.

9.09 Any complaint or grievance which is not commenced or processed through the Grievance to within

to the next

9.10 The parties expressly agree that this Article does not apply in the case of the discharge for any reason whatsoever of a probationary employee as defined in Article 12-Seniority, paragraph 12.03.

9.11 Decisions arrived at between the Employer, the employee and the Union on the disposition of any specific employee, Union or Employer grievance shall be final and binding upon the Employer, the Union and the employee or employees concerned.

ARTICLE 10 ·ARBITRATION

10.01 Both parties to this Agreement agree that no grievance shall be submitted to arbitration unless it is a proper subject matter of a grievance as defined in Article 9 -Grievance Procedure, paragraph 9.02, has been properly carried through all the requisite steps of the Grievance Procedure outlined in Article 9, and has not been settled or abandoned.

10.02 A properly constituted grievance conforming with paragraph 10.01 may be referred to a Single Arbitrator.

10.03 A written request made by registered mail within the ten (10) work day time limit set out in Article 9- Grievance Procedure, paragraph 9.09, but not thereafter, may be made by either party. The written request shall contain the names of suggested Arbitrators or the requesting party's appointee to a Single Arbitrator. The recipient of the notice shall within ten (10) days inform the other party of its acceptance of one of the suggested Arbitrators, or suggest alternative names as Single Arbitrator, or its acceptance of a Single Arbitrator. The two parties shall within a reasonable period of time agree to the appointment of a Single Arbitrator.

10.04 Should the parties fail to agree on a Single Arbitrator, the Ministry of Labour of the Province of Ontario shall be asked to nominate a person to act as Single Arbitrator in accordance with the provisions of the Ontario Labour Relations Act.

10.05 No person may be appointed as an Arbitrator who has been involved any attempt negotiate or settle the grievance.

10.07 Arbitrator or Board Arbitration have

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. Further, a Single Arbitrator, or the Board of Arbitration is not authorized to deal with any matter not covered by this Agreement, nor arising outside the terms of this Agreement.

10.08 A Single Arbitrator or a Board of Arbitration shall have no jurisdiction to hear a discharge grievance put forth by or on behalf of a temporary or probationary employee.

10.09 Each of the parties hereto will bear the fee and expenses of the nominee appointed by it and the parties will equally share the fees and expenses of a Single Arbitrator or the Chairman of the Board of Arbitration.

10.10 Time limits fixed in this Article may be extended by mutual agreement in writing between the Employer and the Union.

ARTICLE 11 · DISCIPLINE

11.01 The reasons for any disciplinary action including the discharge of any employee, shall be reduced to writing and given to the employee and the Union.

11.02 The Employer shall have the right to discharge an employee upon any of the following grounds or similar serious causes:

i) disclosure of confidential Employer information; falsification of any reports of records, including personnel records;

ii) theft or removal of property from the Employer's premises or the Employer's customer's property without proper authorization.

iii) insubordination, fighting on the Employer premises or while on duty, deliberate tampering, sabotage or destruction of the Employer property or

of delivery, or gross negligence while operating the Employer's vehicles.

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vi) the Employer's bonding insurers refuse to bond an employee or continue to bond him; if an employee withholds funds and goods entrusted to him by the Employer or its customers.

11.03 Unless otherwise agreed between the Union and the Employer, a written warning or suspension will be removed from the employee's personnel file and destroyed after a period of eighteen (18) months of active employment, provided that the employee did not receive any warnings or other discipline within the eighteen ( 18) month period. For the purpose of this Article, an employee who is at work at least three (3) days in a month shall be considered as actively employed in that month.

11.04 Upon written request by the employee to the Employer, the Employer, as soon as is possible following receipt of the request, agrees to allow the employee, in the presence of a Human Resources Representative, or his designated representative, to have visual access to his personal file once per calendar year. The time taken for such a review shall not be during the employee's normal working hours, unless the Human Resources Representative otherwise agrees. This provision does not guarantee nor shall it be construed as a requirement that all documents or records pertaining to the employee are or must be contained in such file.

ARTICLE 12 - SENIORITY

12.01 Seniority is based upon the length of continuous employment with the Employer in the Tri Municipal area of Kenora since the last date of hire but adjusted to recognize any periods of leave of absence in which seniority was maintained but did not accrue.

12.02 The Employer shall keep up to date separate seniority lists for: full-time sales employees; full-time warehouse employees; and part-time employees; on completion of their respective probationary periods. Seniority will operate separately for full-time sales employees; full-time warehouse employees; and part-time employees. Seniority lists shall be posted every six (6) months with two (2) copies to be supplied to the Union.

12.03 An employee shall be considered a probationary employee until a total of one and twenty ( 1 or if mutually

( 1 month period understood by that

an employee shall be considered as being employed on a at at the discretion the Employer. The

not be subject of a and/or arbitration pursuant Probationary shall

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12.04 On successful completion of the probationary period, an employee shall be placed on regular staff, his name shall be placed on the appropriate seniority list and his seniority shall date back one hundred and twenty (120) Employer working days prior to the completion of his probationary period after his last date of hire. Employees acquiring seniority on the same date shall be added to the appropriate seniority list in alphabetical order.

12.05 Seniority for part-time employees shall accumulate in accordance with the number of hours worked since the last date of hire, such that 2,080 hours worked is equivalent to one (1) year of seniority.

12.06 Seniority for part-time employees transferring to a regular full-time position or for a regular full-time employee transferring to a part-time position shall be based on their accredited seniority.

12.07 An employee's seniority shall be forfeited and his employment shall be deemed to be terminated and there shall be no obligation to rehire under the following conditions:

a) he quits for any reason;

b) he retires or is retired;

c) he is discharged and not reinstated through the grievance procedure;

d) he is laid off for a period of the lesser of six (6) months or the length of the employee's seniority;

e) he is absent from work without a written leave of absence authorized by the Employer; he uses a leave of absence for a purpose other than that for which it was granted, or fails to return to work at the expiration of a leave of absence;

f} he fails to reply to a recall to work notice to his last known address or phone number. The onus is on the employee to inform the Employer his current address and telephone number;

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12.08

or the employee's seniority, or

as used this Agreement thirty (30) working days duration. A

the meaning of Article

b) (i) The Employer may fill, at its discretion, a temporary position less than thirty (30} working days.

(ii) the Employer shall post any temporary vacancies which are anticipated to be or are vacant in excess of thirty (30) working days.

c) When a permanent vacancy, or a temporary vacancy in excess of thirty (30) working days occurs, which comes within the scope of the Agreement and which the Employer wishes to fill, the available position shall be posted for a period offive (5) working days prior to the Employer making a permanent appointment or a temporary appointment (Article 12.08 (b) (ii)) to such a position in order that any interested employee may apply in writing. In order to be eligible for the posted vacancy, an employee must apply within the five (5) working day period. Permanent vacancies shall be filled within thirty (30) days of the original posting. The Employer has the option of withdrawing the job posting, if the job opening is no longer applicable.

d) In selecting a candidate to fill a permanent vacancy within the bargaining unit, the Employer shall consider:

i) qualifications, experience, efficiency, skill and ability,

ii) seniority.

Where the qualifications of factor (i) are relatively equal than factor (ii) shall govern.

e) The Employer shall post the names of the successful applicant(s).

12.09 Except for a permanent vacancy which the Employer wishes to fill occasioned by the placing of the successful applicant in the position so posted, any further vacancy may be filled at the discretion of the Employer without posting.

12.10 Any employee who has successfully bid under this Article shall not be entitled to bid on a posted job for (6) months from the date of his successful bid, except with the Employer's permission writing.

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i) skill, ability, training, experience and efficiency,

ii) seniority.

Where the qualifications of factor (i) are relatively equal, then factor (ii) shall govern.

ARTICLE 13 · HOURS OF WORK AND OVERTIME • HOURLY EMPLOYEES

13.01 a) The following paragraphs are intended to define the procedures for calculating authorized overtime and shall not be construed as a guarantee of hours of work.

b) The normal work week for full-time hourly employees shall consist of forty (40) hours consisting offive (5) eight (8) hour days.

c) Overtime shall be paid hourly employees for all authorized hours worked over forty (40) hours in a week or eight (8) hours in a day.

13.02 An hourly employee required by the Employer to work in excess of eight (8) hours in a day or forty (40) hours in any one week; overtime hours shall be paid time and one-half (1Y2) his regular rate.

13.03 Hours paid for a Paid Holiday shall be considered as hours worked when calculating any overtime for hourly employees.

13.04 a) The Employer shall make every effort to distribute overtime among qualified hourly employees who normally perform the work to be done.

b) Where overtime is offered and there are more qualified volunteers than required, overtime assignments shall be made to the most senior of those qualified hourly employees who have volunteered.

13.05 or be

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ARTICLE 14 · MEAL AND REST PERIOD

14.01 Hourly employees shall be permitted one ( 1) fifteen ( 15) minute rest period for each four (4) hours worked each day.

14.02 Hourly employees shall receive a one (1) hour unpaid lunch break each day.

ARTICLE 15 ·APPROVED LEAVES OF ABSENCE

15.01 Personal Leave

a) While it is the prerogative of the Employer to grant a leave of absence, an employee who has completed his probationary period, may apply for a leave of absence without pay and without benefits for legitimate personal reasons. A request for such leave shall be made in writing stating reasons, at least, except in extenuating circumstances, two (2) months prior to the desired commencement date of the leave. If the Employer grants such leave it shall confirm the terms of the leave in writing within fourteen ( 14) days of the request.

b) Seniority shall be maintained, but shall not accrue during personal leave.

15.02 Bereavement Leave

a) In the event of a death in an employee's immediate family, a regular full-time employee, provided he has completed his probationary period, shall be granted a leave of absence of up to a maximum of three (3) consecutive working days with pay, and if required, one {1) additional day with pay for travel time, at the discretion of the Branch Manager. In the event of a death of an employee's spouse, child and step-child only the employee will be granted one (1) additional day to four (4) days.

Such leave shall only be for the purpose of making arrangements for and attending the funeral. The employee shall only receive pay for his regularly scheduled work days, and thus shall not receive paid bereavement leave while on any other leave of absence under this Article 15 - Approved Leaves of Absence, off work due to

u"'"""T'r'" a Paid Holiday, or

b) shall mean husband, wife, common-step or step sister.

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common-law spouse for a period of three (3) months after the written notification.

c) In the event of the death of an employee's mother-in-law, father-in-law, sister-in-law, brother-in-law, grandchild or grandparent, a full-time regular employee, provided he has completed his probationary period, shall be granted a leave of absence of one (1) day to attend the funeral.

d) Additional leave without pay but without loss of seniority may be granted at the discretion of the Employer.

15.03 Jury Duty Leave

a) In the event a regular full-time employee who has completed his probationary period is called for jury duty, the Employer shall pay the employee the difference between his regular hourly rate of pay for his scheduled hours of work and the amount the employee receives as jury duty pay (excluding expenses) for each day the employee is required to absent himself from work in order to serve on the jury, up to a maximum of fifteen ( 15) working days provided the employee reports to work each day he is scheduled to work and is not required to attend to court.

15.04 Pregnancy Leave/Parental Leave

a) (i) Pregnancy leave of absence without pay and without loss of seniority shalf be granted and administered in accordance with the provisions of the Employment Standards Act, 197 4, as amended from time to time.

(ii) The employee returning to work after maternity leave shall provide the Employer with at least two (2) weeks notice.

b) Parental leave of absence shall be granted as per the Employment Standards Act of Ontario.

c) Seniority shall be maintained, and shall accrue during a leave of absence for maternity leave and for parental leave.

15.05

male a of of one at the time of the birth of his child provided birth occurs on a scheduled

without but without loss of the Company.

15.06 shall as

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a) Hourly rated employees shall receive an amount equal to the employee's regularly scheduled daily hours multiplied by the employee's base rate.

b) Commissioned employees shall receive an amount equal to their basic daily rate.

ARTICLE 16 ·PAID HOLIDAYS

16.01 The Employer agrees to pay each regular full-time employee who has completed his probationary period and who has worked for at least twelve ( 12) days during the four (4) weeks immediately preceding the paid holiday, an amount calculated as follows:

a) Hourly rated employees shall receive one (1) day's pay, based on the employee's regularly scheduled daily hours at the employee's base rate.

b) Commissioned employees shall receive an amount equal to their average daily earnings for the days worked during the thirty (30) calendar days immediately preceding the holiday for each of the said paid holidays.

c) Regular full-time employees shall only receive the amount set out in paragraph (a) and (b) above provided they meet the following conditions:

i) An employee must work his full scheduled work day immediately preceding and following said paid holiday, except for bona-fide illness.

ii) No employee who is off work due to suspension, leave of absence, lay off or Workers' Compensation shall be entitled pay for any paid holiday occurring within such period.

iii) No employee who has agreed to work on a paid holiday and who without reasonable cause fails to report and perform such work shall be entitled to pay for such holiday.

16.02 an a

shall 1 , to be

and the Employer.

to work on a paid holiday shall hours actually worked in addition to

,.,.,.,.,,.,,,.... 1 1 .

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16.04 a) The following days shall be observed as paid holidays for regular full-time employees:

New Year's Day Good Friday Victoria Day Canada Day August Civic Holiday Labour Day Family Day

Thanksgiving Day Remembrance Day (provided it falls upon a regularly scheduled work day) Christmas Day Boxing Day One ( 1) Floater - mutually agreeable date

b) Should any of these holidays, except Remembrance Day, Christmas Day and Boxing Day, fall on a Saturday or Sunday, either the preceding Friday or the following Monday shall be substituted by the Employer for the holiday.

c) If Christmas Day and Boxing Day occur on a Saturday and Sunday, either the preceding Friday or the following Monday shall be normally substituted for Christmas Day by the Employer and a substitute day for Boxing Day shall be given by the Employer within thirty (30) days.

d) If Christmas Day and Boxing Day (but not both) occurs on a weekend, the Employer shall substitute an alternate day within the following thirty (30) days for that holiday which fell on the weekend.

16.05 All part-time employees shall receive the public holidays as set out in the Employment Standards Act, 197 4, as amended, provided they qualify under the Act. Parttime employees shall receive holiday pay based on their current hourly rate of pay times one-fifth (1/5) of their average weekly hours exclusive of overtime worked during the preceding thirty (30) day period.

ARTICLE 17 - VACATIONS

17.01 Vacations for regular full-time employees shall be granted on the basis of to the with

l'"\r\L">r'3l'IF"\n of the Employer.

for annual is measured from the date the

17.03 be taken not more than (1 was

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17.04 Save for exceptional reasons, all employees will be granted a minimum of two (2) consecutive weeks of vacations during the period May 15 to September 30 of any year. Employees who are entitled to more than two (2) consecutive weeks shall schedule the balance outside the summer months as indicated above. Seniority shall be the deciding factor in scheduling vacation periods.

17.05 The vacation schedule shall be declared by the Employer by March 15th of each year. Applications for vacation must be submitted to the Manager for approval and processing at least three (3) weeks prior to March 15th or the employee shall be assigned vacation periods available.

17.06 Vacation entitlement shall be based on full years of continuous service as a regular full-time employee as of March 31st of each year as follows:

Service Vacation Entitlement

One ( 1) year continuous service 2 weeks

Five (5) years continuous service 3 weeks

Nine (9) years continuous service 4 weeks

Nineteen (19) years continuous service 5 weeks

Twenty-eight (28) years continuous service 6 weeks

17.07 Payment for vacation for all regular full-time employees shall be determined on a common anniversary date of March 31st of each year, and on this date, the vacation pay shall be calculated for all regular full-time employees.

17.08 Vacation pay entitlement for all full-time regular employees is as follows:

a) Hourly rated employees- forty ( 40) hours at the regular current hourly rate for each week of vacation entitlement

vacation as provided by The

ARTICLE 18 ·RATES OF PAY

18.01 The parties agree that the rates as set forth in Schedule "A" attached hereto shall be paid to the employees covered by this Agreement retroactive to January 1, 1997.

ARTICLE 19 ·HEALTH AND WELFARE

19.01 Pe siCo Severa es Canada Benefits at a Glance

Health Care

Deductible

Hospital Care 1

Prescription drugs

Ambulance

Nursing (RN)

Out-of-Province/Canada emergency care2

Health care practitioners3

Physiotherapist, chiropractor and massage therapist

Medical equipment & supplies

Convalescent hospital

Option A

Single $25/Family $50

80% semi-private

80% for drugs on the DTF list; 60% for other eligible drugs

80% of reasonable & customary charges

80%;$10,000 per 3 calendar years

80%;$250,000 per lifetime

80%;$150 per calendar year for each type of practitioner

80% of reasonable & customary charges; combined maximum of $400 per calendar year


80% semi-private

80% of reasonable &

every 2 calendar years

every 2 calendar years

reasonable &

years

per 3 calendar years

Option B

Single $10/Family $20

95% semi-private

95% for drugs on the DTF list; 75% for other eligible drugs


95%;$10,000 per 3 calendar year

95%;$500,000 per lifetime

95%;$300 per calendar year for each type of practitioner

95% of reasonable & customary charges; combined maximum of $600 per calendar year


every 2 calendar

2 calendar

per 3 calendar years

1 Deductible does not apply 2 Includes travel assistance

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3 Health care practitioners include naturopath, osteopath, podiatrist/chiropodist, Christian Science practitioner, speech therapist, and psychologist. *This coverage applies only if the practitioner's services are not covered by your provincial plan. Note: Maximums apply to each person covered under the plan.

Dental Care Option A Option B

Deductible Nil Nil 1 :' ;);. .·•.

cotnsliran~~:. ·•·u~~~~rr.·~~nefti:;·i~l?:~:: ·qolri~rinJG•. r·· ·'"' ·r·•"ii'·· '"• • .. ~·•.:. ~.•t .· · .. .. ·'t.. . ; Maxfmum.Bef)efit: , •.•. :.

Diagnostic I preventive 100% $1,000 per calendar 100% $2,000 per calendar care year per person for all year per person for

services combined all services combined Minor restorative care 75°/o 90%

Major restorative care 50% 75%

Orthodontia 50% $1,500 per lifetime 75% $2,000 per lifetime per person per person

Long-Term Disability (L TO) Coverage

Long Term Disability • Core 40% coverage • In addition, you can elect Optional 10% or 20% coverage

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Insurance Coverage

Basic Employee Optional Optional Spousal Optional Child Coverage Employee Coverage* Coverage

Coverage*

Life Insurance 2 times Benefits Units of $10,000 Units of $10,000 Units of $5,000 up Pay to a up to a maximum up to a maximum to a maximum of maximum of of 30 units of 25 units 4 units ($20,000) $400,000 ($300,000), but ($250,000) but not per child

not more than 4 more than 4 times times your your Benefits Pay Benefits Pay

Accidental Death 2 times Benefits Units of $10,000 Units of $10,000 1 unit $10,000 per and Pay to a up to a maximum up to a maximum child Dismemberment maximum of of 45 units of 10 units (AD&D) $400,000 ($450,000}, but ($100,000) but not

not more than 12 more than your times your AD & D amount Benefits Pay

* Evidence of Insurability may be required

Business Travel Accident (BTA) Coverage

Business travel accident 5 times your Benefits Pay up to $1,000,000 (salaried employees only)

ARTICLE 20 - SICK LEAVE

20.01 In the event of a bona-fide non-occupational sickness or accident, regular full-time employees shall be entitled to the following sick leave with pay in a calendar year:

a) Employees having completed the probationary period with less than one ( 1) year of continuous service as a full-time regular employee- three (3) days per year.

b) Employees with from one ( 1 ) to less than of as a employee - six

c) with years or more as a full-time (9) days per year, provided the employee his supervisor or

reason for the absence, and expected duration, a minimum of hours for afternoon or night shift) before normal work

of at the with The Employer

will not be made subsequent the

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sickness.

20.02 The daily sick pay shall be calculated as follows:

a) Hourly rated employees shall receive an amount equal to one ( 1 ) day's pay based on the employee's regularly scheduled daily hours at the employee's base rate.

b) Commissioned employees shall receive an amount equal to their basic daily rate.

20.03 As sick leave is designed to replace wages that would otherwise have been earned, there shall be no sick leave coverage when an employee is off work due to suspension, layoff, leave of absence, Workers' Compensation, scheduled day off, vacation or paid holiday.

20.04 Should an employee on the seniority list complete a contract year (calendar year) without utilizing any unpaid or paid sick days, they shall be entitled to two (2) paid floater days, if an employee utilizes one (1) unpaid or paid sick day they will be entitled to one (1) paid floater day, which will be scheduled with the agreement of their manager. The day must be taken in that calendar year.

ARTICLE 21 -WEARING APPAREL

21.01 The Employer shall continue to provide the appropriate wearing apparel as required, including six (6) pair of summer gloves and six {6) pair of winter gloves per year for each full-time employee. The employee shall be responsible for cleaning and maintaining all wearing apparel. It is understood that wearing apparel is not to be worn, except while on company business.

21.02 The Employer shall continue to provide the appropriate wearing apparel and safety boots as follows. The Employer shall meet in March and August with employee representatives to plan and order seasonal wearing apparel and boots to meet their need within a budget of $425 per year per person on the seniority list. The employee is responsible for and maintaining all wearing apparel. It is understood that wearing

is not to worn while on business. All are required wear the safety shoes at working lead

21.03 The Employer will provide a tool allowance of two hundred and seventy-five ($275.00) dollars.

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ARTICLE 22 ·MEAL ALLOWANCES AND ACCOMMODATION- OUT OF TOWN TRIPS

22.01 An employee who is required to stay out-of-town overnight on authorization of the Manager shall be entitled upon presentation of receipts to be reimbursed for his accommodation and in addition meals up to a maximum of forty ($40.00) dollars per trip.

ARTICLE 23 · BULLETIN BOARDS

23.01 The Employer agrees that during the terms of this Agreement, it shall maintain a policy to make space available to the Union on a bulletin board for the purpose of posting notices directly relating to the employees, provided such notice shall first receive the approval of management.

ARTICLE 24 · LABOUR MANAGEMENT MEETINGS

24.01 A joint committee will be established to deal with matters of mutual concern relating to the workplace as may arise from time to time. The committee, when established, shall be comprised of representation from the Employer and the Union with total representation not to exceed four ( 4) members. Meetings shall be held at least every two (2) months in each year.

24.02 The committee shall not have jurisdiction over wages, or any matter of collective bargaining, including the administration of this Agreement. The committee shall not have the power to bind either the Union or its members or the Employer to any decisions or conclusions reached in its discussion. The committee may make recommendations to the Union and the Employer with respect to its discussions and conclusions, but such recommendations are not binding in any way.

ARTICLE 25 -TECHNOLOGICAL CHANGE

25.01 (a) If during the life of this Agreement the Employer decides to make a Technological Change as defined by {d) below, which would have the effect of abolishing

new classifications, or result the lay-off of Employer the days

the nature and effects of the The the impact of such change upon employees affected.

an employee's job is changed by reason of any Technological clause (a) provided that such an employee the

to perform the job after a training

25

(c) If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 12 of this Agreement, in which case the employee's rate will be red-circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:

(i) the employee may elect to go on layoff status; or

(ii) the employee may elect to voluntarily sever his or her employment completely with the Company and accept severance pay in the amount of two (2) week's salary for each year of completed service with the Company, as of the date of termination.

(d) "Technological Change" means

(i) the introduction by an Employer into his work, undertaking or business of equipment or material of a different nature or kind than that previously used

by him in the operation of the work, undertaking or business, and

(ii) a change in the manner in which the Employer carries out the work, undertaking or business that is directly related to the introduction of that equipment or material.

ARTICLE 26 • GENERAL

26.01 Pay Eguity Act

The Company and the Union agree to work together to ensure compliance with the Pay Equity Act.

26.02 Negotiating Committee Wages

The Employer shall pay one hundred percent (100%) of the wages for all negotiations up to conciliation.

ARTICLE 27 ·DURATION OF AGREEMENT

27.01 This Agreement shall remain in force the 15' day of January, 2013, to

1st day of August, 2016 shall continue in from to thereafter unless party party ninety prior the

or amend this Agreement. Notice

26

of revision shall set forth the nature of the proposed amendments to this Agreement.

IN WITNESS WHEREOF the parties hereto have duly executed this Agreement, this72day of W1-w>~ , 2013.

UNITED FOOD & COMMERCIAL CANADA, LOCAL 175

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SCHEDULE "A"

1 . Th f e regu ar rates o pay d h. A h II b unng t IS ~greement s a f II e as o ows:

WAGE SCHEDULE

Current January- January- January- January 2013 2014 2015 2016

Driver/Merchandiser

Basic Daily Rate $165.09 $170.09 $175.09 $180.59 $186.09

Commission (full goods delivered) $0.09 $0.095 $0.10 $0.10 $0.10

Standing Rate $13.86 $14.36 $14.86 $15.41 $15.96

Driver/Merchandiser Assistant

Basic Daily Rate $123.78 $128.78 $133.78 $129.28 $134.78

Commission (full goods delivered) $0.07 $0.075 $0.08 $0.08 $0.08

Standing Rate $10.40 $10.90 $11.40 $11.95 $12.50

Driver/Merchandiser Helper

Basic Daily Rate $102.90 $107.90 $112.90 $118.40 $123.90

Commission (full goods $0.058 $0.063 $0.068 $0.068 $0.68

Standing Rate $9.24 $9.74 $10.24 $10.79 $11.34

Warehouse Technician $47,362.09 $48.402.09 $49.442.09 $50,586.09 $51,730.09

Leadhand Warehouse Tech $52,956.27 $53,996.27 $55,036.27 $56,180.27 $57,324.27

MEM Technician $54 371.20 $55 411.20 $56 555.20 $57 699.20

1. A new hourly employee shall receive not less than ten ( 1 0%) percent below the classification rate until he completes his probationary period.

2. OFF SHIFT PREMIUM

3. LEAD HAND PREMIUM

cents per Hand by

be paid to hourly considered to

hours worked

8

4. CALLIN

In the event an employee is recalled to work at the request of the Employer, he shall be paid for not less than four (4) hours at his regular straight time rate of pay.

5. DEFINITION OF A UNIT

(i) A unit is one case of packaged goods; one four gallon tank of premix or fountain syrup or two gallon jugs and their empties; one C02 tank and empties; one bag in the box; one bag in a shell; one full case of cups. One case of packaged goods in Cans 1 x 24 or 2 x 12; 1 Litre or 1.5 Litre or 946 ml- 1 x 12; 2 Litre- 1 x 8; and 295 ml or 325 ml or 473 ml or 500 ml or 591 ml or 600 ml or 710 ml- 1 x 24.

(ii) Commission payable for new products or packages introduced will be established by the Company and the Union will be notified in writing of the commission rate. If the Company adjusts the number of bottles or cans in a case of packaged goods then the Company shall adjust the commission proportionately by reference to the configurations outlined in (i) above for packaged goods.

6. STANDING RATE

Standing rate will be paid to Merchandisers. A standing rate of 75% of $12.69 will be paid to the Merchandiser Assistant and a standing rate of 66.7% of 12.69 will be paid to the Helper, under the following conditions:

1. Mechanical repairs. 2. loading time after one ( 1) hour in Winnipeg. 3. Bad Weather (snow storm that slows driving time).

7. CAP ON DAILY RATE OF 12 HOURS

8. EXTENDED RUN PREMIUM

Run Premium will below).

paid exclusive of

for one {1) premium is not

runs over one way on the two day

overnight runs.

Premium: Merchandisers

M.A.'s and Helpers

Travel to the following locations:

Savant Red Lake Ignace Morson (When road restrictions apply)

$20.00 per day

$10.00 per day

Cochensur Sioux Lookout Mine Centre Rainy River

9. EQUIPMENT INSTALLATION ASSISTANCE PREMIUM

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In the event a Driver Merchandiser and (if applicable) his Merchandiser Assistant/Helper is instructed by his Supervisor to in addition to his normal duties, provide assistance in the installation of a vendor or cooler, he/they will receive a premium of $30.00 per account per piece of equipment.

10. All Sales or Shuttle Driver Personnel (i.e., Driver/Merchandisers, Driver/Merchandiser Assistants and Driver/Merchandiser Helpers) after working five (5) days, and assigned to work in any of the Sales/Shuttle Driver classifications on a sixth or seventh day in a work week shall receive time and one-half (1Y:z) of the applicable daily basic rate for the classification, in addition to the commission rates outlined above.

11. MEM Technician Career Progression

a) Progression from Level 3 to a Level 2 based on successfully completing the Small Appliance Certificate and Pepsi Pro Training Modules.

b) Progression from Level 2 to a Level 1 is based on successfully completing the Refrigeration License.

APPENDIX "B"

September 1st. 1999.

Letter of Understanding

Between: United Food & Commercial Workers Canada, Local 175

And: PepsiCo Beverages Canada

This letter confirms the understanding between the Company and the Union· with regard to Compliance with Rules of the Ontario Ministry of Transport.

It is agreed that all drivers must comply with the regulations set out by the Ontario Ministry of Transportation and the corresponding hours of work legislation. Log books and trip sheets must be completed.

Any fines assessed for failure of the employee to comply will be the responsibility of the employee.

Any fines that are a result of inaction by the Company, i.e., timely registrations, etc. will be the sole responsibility of the Company.

Any employee found not in compliance with the regulations and as a result cause loss of time or product for the Company will be dealt with, through the progressive discipline process.

This letter shall not form part of the Collective Agreement between the Company and the Union.

Dated this i day of , 2013 in Kenora, Ontario.

FOR THE UNION

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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.

Dated this day of , 2013 in Kenora, Ontario.

FOR THE UNION

32




Re: Arbitration

Notwithstanding Section 49 of the Ontario Labour Relations Act or any language contained in the collective agreement between the parties to the contrary, wither party may elect to proceed to arbitration using one of the following arbitrators:

Joe Carrier, Rany Levinson, John Stout, Paul Haefling, Norm Jesin, W. Marcotte, David McKee, L. Slotnick, F. Reilly, G. Charney and George Surdykowski.

The grievance{ s) shall be referred to the arbitrator on the above list with the earliest available date.

In the event the parties can't mutually agree to hearing date the Arbitrator shall set the hearing date within thirty (30) calender days of the referral to arbitration.

The parties can at anytime by mutual agreement add or remove an arbitrator from the agreed list.

Dated this day of

FOR THE UNION

, 2013 in Kenora, Ontario.

fi:J1J1-

tKJP)a/ 1--z___

~~ ~~

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Re: Health, Welfare and Pension

The Company shall provide to its full time employees PSG Insurance Pension Plans to be administered in accordance with the rules and regulations of the plans which are more fully described in the plan benefit literature.

By way of summary the PSG Benefits at a Glance follows. Any improvements to the PSG health and welfare or pension plans will be reviewed with PSG employees and Union annually.

Dated this day of , 2013 in Kenora, Ontario.

FOR THE UNION fO .. THE COMPANY

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