CODING CONTROL

IDENT CODED ffrvl.pclJo~ RECEIVED-

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JAN 2 ~ ZOOB

COLLECTIVE BARb ~lNG INFORMATION SERVICES

COLLECTIVE AGREEMENT

between

SPARTECH COLOR - STRATFORD · DIVISION OF SPARTECH CANADA INC.

hereinafter referred to as the "Company"

-and-

THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS

hereinafter referred to as the "Union"

COLLECTIVE AGREEMENT

between

SPARTECH COLOR - STRATFORD DIVISION OF SPARTECH CANADA INC.

hereinafter referred to as the "Company"

-and-

THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS

hereinafter referred to as the "Union"

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" ' TABLE OF CONTENTS

ARTICLE 1:00 Purpose ..................................... .4 ARTICLE 29:00 Payment of Wages and Job

ARTICLE 2:00 Recognition ............................... .4 Progression ............................. .42

ARTICLE 3:00 Specific Performance ................ 5 ARTICLE 30:00 Renewal, Amendment and

ARTICLE 4:00 Validity of Agreement ................ 5 Termination .••..•••..•..•••.•...•.•..•.•. 43

ARTICLE 5:00 Discrimination ............................ 5 ARTICLE 31:00 Change in Plant Location •....•. .43

ARTICLE 6:00 Company Rights ........................ 5 Letter of Understanding # 1 ...... 44

ARTICLE 7:00 Strikes and Lockouts .................. 7 Letter of Understanding #2 ...... 44

ARTICLE 8:00 Union Security .........•................ 7 Letter of Understanding #3 ..... .45

ARTICLE 9:00 Union Representation ................ 8 Letter of Understanding #4 ..... .45

ARTICLE 10:00 Complaints, Grievances and Letter of Understanding #5 ...... 46 Disputes ...................................... 9

ARTICLE 11:00 Arbitration ................................ 11 ARTICLE 12:00 Discipline, Suspension and

II Discharge .................................. 12 ARTICLE 13:00 Company Complaint ................ 13 I

!' ARTICLE 14:00 Seniority .................................. 13 ~I ARTICLE 15:00 Lay-off and Recal1 .................... 15 ARTICLE 16:00 Hours of Work and Shift II

Arrangen1ents .......................... 19 I I I

ARTICLE 17:00 Overthne .................................. 21 ARTICLE 18:00 Special Allowances .................. 25

(Bereavement) ARTICLE 19:00 Paid Holidays .......................... 26 ARTICLE 20:00 Vacations and Vacation Pay .... 27 ARTICLE 21:00 Safety and Health ....•............... 32 ARTICLE 22:00 Job Posting ............................. .33 ARTICLE 23:00 Leave of Absence .................... 35 ARTICLE 24:00 Classification of Employees

and Wage Rates ........................ 36 ARTICLE 25:00 Bulletin Boards ........................ 38 ARTICLE 26:00 Group Insurance ..................... .38

I ARTICLE 27:00 Agreement on Pension ............ 41 ARTICLE 28:00 Apprenticeship ........................ 41

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Article 1.00 - Purpose

1.01 The purpose of this Agreement is to define the relations between the Company and the Union, the wages and working conditions of the employ­ees of the Company represented by the Union and the means by which complaints, grievances, and disputes shall be disposed of promptly and equi­tably and it is the mutual desire of both parties to promote co-operation and harmony.

Article 2.00 - Recognition

2.01 The company recognizes the Union as the sole and exclusive bargaining agent for all employees of the Company employed in the City of Stratford, Ontario, save and except, foremen, those above the rank of foreman, office and sales staff.

2.02 Employees excluded by 2.01 shall not perform work regularly performed by employees in the bargaining unit except

(a) in case of emergency, or

(b) for the purpose of performing normal production work on overtime where refused by employees in the bargaining unit.

(c) It is understood that the Experimentation, Research and Development is to be performed by employees other than bargaining unit members and shall be restricted to all equipment confined within the Laboratory area excluding the CP 12's. It is also understood that Research and Development shall only apply until the Company has a product that is acceptable for the Production purposes and a first run has been completed.

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Article 3.00 - Specific Performance

3.01 The waiver of any of the provtstons of this Agreement, or the breach of any of its provisions by any of the Patties, shall not constitute a prece­dent for any further waiver, or for the enforce­ment of any further breach.

3.02 It is understood and agreed that all previous agreements, whether oral or written, by and between the Company and the Union and/or bar­gaining unit employees, are superseded by the Agreement.

Article 4.00 · Validity of Agreement

4.01 Throughout the text of this Agreement where the masculine gender has been used, it may be read to include the feminine.

4.02 In the event that any of the provisions of this Agreement are found to be in conflict with any valid and applicable Provincial or Federal law, it is agreed that such law shall supersede the con­flicting provisions without in any way affecting the remainder of the Agreement.

Article 5.00 - Discrimination

5.01 Both parties agree to abide by the terms of the Ontario Labour Relations Act, and the Ontario Human Rights Code, with respect to discrimina­tion.

Article 6.00 - Company Rights

6.01 Except as specifically modified by this Agreement, all the rights, power and authority of the Company are retained by the Company and remain exclusively and without limitation within

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the rights of the Company. Without limiting the generality of the foregoing, the Company's right shall include:

(a) The right to maintain order, discipline and effi­ciency, and in connection therewith to make, alter and enforce from time to time, rules and regula­tions, policies and practices to be observed by its employees.

(b) The right to hire, discharge, transfer, assign to shifts, promote, demote, classify, lay-off, recall or discipline employees, provided that a claim of discrimination, promotion, demotion, or transfer, or a claim that an employee has been discharged or disciplined without just cause may be subject of a grievance and deal with as hereinafter pro­vided. This section shall not limit the use of the grievance and arbitration procedure of this Collective Agreement. Differences over rates for the new jobs arising during the life of the contract may be processed through the grievance and arbi­tration procedure.

(c) The right to detennine the location and operation of the business and its expansion or curtailment, the direction of the working forces, the products to be manufactured, the schedule of production, the number of shifts, the methods, processes and means of production, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, overtime (subject to Article 17), the right to decide on the number of employees needed by the Company at any time, are solely and exclusively the right of the Company.

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·~--- ______ , Article 7.00 - Strikes and Lockouts

7.01 During the term of this Agreement, there shall be no Jock -out by the Company nor strike by the Union as defined by the Labour Relations Act for the Province of Ontario.

7.02 Both Union and Company agree that a lock-out shaii not be constructed to mean the closing of the Plant or any part thereof for business reasons sub­ject to the grievance procedure.

7.03 All employees covered by this Agreement, whether Union members or not, shall have the right to vote on the acceptance or rejection of a Collective Agreement.

Article 8.00 - Union Security

8.01 All employees covered by this Agreement shall as a condition of employment, upon completion of their probationary period, become members of the Union, and remain members in good standing in the Union during the term of this Agreement.

8.02

8.03

Commencing on the first full weekly pay period of an employee, the Company shall deduct an amount of money equal to the regular weekly dues of the Union. Such deductions shall be remitted to the Union, together with a list of employees from whom such deductions were made within two (2) weeks after the end of the Company's accounting period within which the deductions were made. The list will also show the names of employees hired and terminated during that period.

The Company will show the amount of dues deducted on T-4 slips issued to employees.

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8.04 It is understood and agreed that the Union wm save the Company harmless from any and all claims which may be made against it by any employee or employees from any amount deduct­ed from wages as herein provided.

Article 9.00 - Union Representation

9.01 The Union may elect, or otherwise select, until an election can be held, a Shop Conunittee to be composed of not more than (5) members, one of whom shall be the Union President. For the pur­pose of this clause, the Company will agree to meet any three (3) of the five (5) Shop Committee members at any such meeting.

9.02 Matters pertaining to the interpretation, applica­tion and administration of this Agreement, shall be discussed by the Company and the Shop Committee, and any matter not resolved by dis­cussion may be presented as a policy grievance at Step No. 2 of the grievance procedure. An International Officer of the Union may be present at these meetings if either party so desires.

9.03 The Union recognizes and agrees that The Shop Committee Members have regular duties to per­form in connection with their employment, and only such time as is reasonably necessary will be consumed by such persons, during working hours, in order to attend to the business of admin­istering this Agreement.

Before leaving his regular duties of employment, a Shop Committee member must obtain the per­mission of his immediate Supervisor to do so.

He shall also report to the Supervisor of any

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9.04

9.05

9.06

9.07

department that he wishes to visit, stating his rea­sons for so doing, and securing permission before entering. Permission will not be unreasonably withheld in either instance. When resuming his regular duties, he shall report to his Supervisor.

The Union may elect a Negotiating Committee to be composed of not more than three (3) members for the purpose of negotiating the Collective Agreement. The Company shall recognize such a Committee.

The Negotiating Committee, and their International Officer, shall meet with the Company for the purpose of negotiations, amend­ments to, or a renewal of this Agreement.

Members of the shop committee shall be paid for all hours at their straight time hourly rate for the purpose of performing their duties as Committee Members with the Company on Plant Premises.

The negotiating committee shall be paid the straight time rate of their regular shift while nego­tiating with the company.

The Union will be supplied an office to be locat­ed in the Plant and will be responsible for all Maintenance and upkeep of the said office. The Union will also be responsible for a11 telephone costs, office furniture, and take complete respon­sibility for any damages done.

Article 10.00- Complaints, Grievances, and Disputes

10.01 An employee who has a complaint shall discuss it with his immediate supervisor. either alone, or accompanied by a Shop Committee Member.

10.02 No complaint or grievance shall be considered if

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10.03

10.04

10.05

more than (14) calendar days have elapsed since the occurrence of the event on which the griev­ance is based, or should have become known to the Aggrieved and/or Union with the exercise of reasonable attention.

Should an employee, or employees not receive satisfaction from his or their immediate Supervisor within five (5) working days of the date the complaint was received by thelr Supervisor, he or they may present a grievance at Step No.1 within five (5) working days of the Supervisor's decision. No grievance may be sub­mitted at Step No. 1 of the Grievance Procedure unless it was previously dealt with as per Section 10.01 above.

Step No.1

The grievance shall be on the appropriate fonn stating the subject matter grieved and shall be presented to the employee's immediate supervi­sor by the employee, accompanied by a Shop Committee Member, with such explanation and discussion as may be necessary for proper under­standing of the matter. Within five (5) working days thereafter the supervisor shal1 give his answer in writing.

Step No.2

Should an employee not receive satisfaction at Step No.1. the written grievance may be submit­ted by the Shop Committee to the Plant Manager within three (3) working days of the Supervisor's written response. The Plant Manager sha11 meet the Shop Committee withln ten (10) working days to discuss the grievance. At this meeting an International Officer of the Union may be present

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10.06

at the request of either party. Within five (5) working days fo1lowing the meeting the Plant Manager shall give his answer in writing.

Time limits set forth in this agreement are manda­tory and not directory and failure of any employ­ee or the Company to follow the procedures laid down in the Atticle shall result in forfeiture of all rights to the grievance procedure. Any time limit provided by this Agreement may be extended by the mutual agreement of the Parties.

10.07 Any matter, which is not satisfactorily settled at Step No.2, may be submitted to arbitration as pro­vided for hereafter. Any matter, which is not sub­mitted to arbitration within twenty-five (25) cal­endar days following the receipt of the answer at Step No.2 shall be deemed to be abandoned.

Article 11.00 -Arbitration

Any matter or question arising from the interpre­tation, application, administration, or an alleged violation of this Agreement, including the ques­tion of whether a matter is arbitral may be sub­mitted to arbitration by the parties hereto as here­in provided.

No matter shall be submitted to arbitration by the parties hereto unless and until they shall have attempted to arrive at a settlement by the means provided by article 10.00 hereof.

Either party may give notice to arbitrate within five (5) working days after exhaustion of the grievance procedure herein. The notice to arbi­trate must be in the form of a letter sent by regis­tered mail and postmarked following the time limits set out in Article 10.07.

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Within five (5) working days after notice of intent to arbitrate has been given as provided, the Company and the Union shall attempt to jointly name an Arbitrator.

The Arbitrator shall not make any decisions inconsistent with the provisions of this Agreement nor shall he alter, modify, or amend any part of this agreement.

The decision of the arbitrator shall be final and binding upon the parties hereto and upon any employee concerned in, or affected by said deci­sion.

The parties shall each pay one half of the Arbitrator's expenses.

By mutual agreement the parties hereto may attempt to settle the matter by non-binding medi­ation during the waiting period prior to arbitra­tion.

In that event the parties shall confer for the pur­poses of naming a mediate and arranging dates.

Article 12.00 ~ Discipline, Suspension, and Discharge

12.01

12.02

An employee who is directed to meet with his supervisor, for the purpose of being disciplined, shall be accompanied by a member of the Shop Committee.

Discipline to be decided upon and communicated within seven (7) working days of the infraction.

A non-probationary employee who feels that he has been unjustly suspended or discharged may submit a grievance at Step No. 2 of the grievance procedure. If the matter is not resolved during the

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12.03

grievance procedure the matter may be submitted to arbitration as per the terms of Article 11.00 hereof. The Arbitrator may make any settlement which it deems to be fair and equitable including compensation and damages for wrongful suspen­sion or discharge.

Any notices of discipline shall be removed from an employee's file after eighteen (18) months and such disciplinary notices, including any record of suspension, shaH not be used in any future disci­plinary action.

Article 13.00 · Company Complaint

13.01 It is understood that the Company may submit to the Union any complaint that a contractual oblig­ation undertaken by the Union in this Agreement has been violated. Such complaint, if not resolved by discussion, shall be reduced to writ­ing delivered or forwarded by mail to the President of the local Union, wherein it shall be discussed at Step 2 of the grievance procedure. Failing a satisfactory settlement within five (5) working days after filing of such grievance, the Company may refer it to arbitration in accordance with Article 11.

Article 14.00 • Seniority

14.01 An employee will be considered on probation and will not be placed on the seniority list until after he has been working for four hundred and eighty (480) working hours during a period of six (6) consecutive months.

At the conclusion of his probationary period, the employee's seniority shaJI bedetennined as of the date the employee started to work in the above

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mentioned period.

In the event that two or more employees' starting dates are the same and they have completed their probationary Period on the same date, the Employee Seniority Sequence will be determined by:

(a) Date of receipt of resume

(b) If the same in (a), by the value of the last three (3) digits of their Social Insurance Number, with the lowest value being the first in seniority.

At the end of the aforementioned probationary period, the employee's name shall be placed on the seniority list.

14.02 Subject to any provision of this Agreement affect­ing the same, an employee's seniority shall be according to the length of his continuous employ­ment with the company.

14.03 An employee who has been laid off shall contin­ue to accrue seniority as per the te1ms of Article 15.00 hereof.

14.04 An employee shall lose all seniority and his name shall be removed from the seniority list and he shall be deemed to be terminated:

(a) Should he voluntarily quit his employment, or

(b) Should he be discharged for just cause and not reinstated through the grievance procedure, or

(c) Should he fail to respond to a recall as per the tenns of Article 15.00 hereof.

(d) Should he not return to work pursuant to the terms of Article 15.00 hereof.

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(e) Should he be absent from work for more than three (3) working days without notifying the Company of the reasons for such absence, or

(f) Should he overstay a leave of absence granted by the Company without securing an extension of such leave or uses a leave of absence for other purposes than for which it was granted.

14.05 a) An employee transferred to a position not cov­ered by this Agreement shall continue to accrue seniority for a period of eight hundred (800) working hours over the contract term. If he remains employed in the non-bargaining unit position beyond a total of eight hundred (800) working hours over the contract term, he shall forfeit all seniority.

b) Said employee transferred as per (a) should have his position filled. Except for short-tenn (1 day) and unplanned emergencies.

c) The company shall provide an updated report to the union on any hours worked in a non bargain­ing position by any employee on the first (1st) of each month.

14,06

Said employee cannot discharge or suspend.

The Company shall post an up-to-date seniority list once per year on 1st week of June or unless a change in seniority occms, the Jist will be posted within (10) working days. The union shall be supplied with a copy of each list.

Article 15,00 , Lay·Off & Recall

15.01 Employees shall be laid-off, exercise bumping rights and be recalled subject to the following;

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(a) In the event of a lay-off, all probationary employ­ees shall be laid-off first within their respective departments.

In the case of probationary tradesman, appren­tices and quality control technicians, they will be laid-off first when their respective departments are affected by a lay-off.

(b) Employees with seniority shall be laid-off in order of seniority, in the job titles affected. Such employee shall exercise his plant-wide seniority to bump into a job title whose maximum wage rate is equal or lower, provided he is qualified and is able to perform efficiently the work of such a job with a maximum of five (5) working days training, except in the specific case where an employee can bump to a job title in which he was previously classified and from which he had bid for a lower level job and is able to perform effi­ciently the work of such job with a maximum of five (5) working days training. If after five (5) working days of training the employee is unsatis­factory, his only remaining option will be to bump into the lowest paying job title available by seniority.

(c) An employee with seniority who has bumped to lower rated job title as a result of a lay-off or in lieu of lay-off, shall be paid his current rate or the top rate of the classification into which he bumps, whichever is less, except in the specific case where an employee bumps into a previously held classification he shaH be paid the rate of the clas­sification he previously attained after the five (5) working days training period.

(d) When calling back employees after a lay-off, or

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transfer caused by a reduction of the work force, the reverse of the lay-off or transfer procedure will be followed.

(e) Employees who are re-promoted shall be paid at the level within the rate range from which they were laid-off.

15.02 In the event of a lay-off, the Union President plus the Financial Secretary shall have top seniority and shall be retained in employment notwith­standing his position of the seniority list, so long as the Company has work available for which he is qualified.

15.03 The Company shall notify the Union as soon as possible, in writing, of any intended lay-off but in no event shaH such notice be less than three (3) working days, unless the circumstances causing the lay-off are beyond the control of the Company.

15.04 The Company sha11 give employees who are to be laid-off notice of lay-off in accordance with the provisions of the Employment Standards Act.

15.05 A laid-off employee who has one (1) year or less of seniority at the time of lay-off shall have recall rights. and shall continue to accrue seniority for a period of one (1) year. A laid-off employee who has more than (1) year of seniority at the time of lay-off shaH have recall rights and shall continue to accrue seniority for a period of two (2) years. After the aforementioned periods have elapsed an employee's name shall be removed from the seniority list and he shaH be deemed to have been tenninated.

15.06 Recall shall be by seniority and shall be by regis-

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tered mail, by telephone or by personal service to the last address filed with the Company. The union shaH receive a copy of all notice of recalL An employee with recall rights must notify the Company of any change of address while he is on lay-off.

15.07 (a) If an employee fails to notify the company with­in 2 calendar days after the receipt of the regis­tered letter that he intends to return to work he shall be considered terminated. A laid off employee is required to keep the company informed of any change of address.

(b) If the notified employee has failed to return to work within seven (7) calendar days after receipt of the notification of his intention to retum to work, he shall lose all seniority and be consid­ered terminated unless his failure to return to work is caused through accident, illness, or other just cause.

15.08 To maintain the integrity of the Colour Development Department, during a period of lay­offs, the bumping process, as outlined in Article 15.01 (b) & (c) will be modified at the Company's discretion, for the Classification of Banbury Operator.

The modification will allow the right to pay any employee, in lieu of exercising his bumping rights into the Classification of Banbury Operator, the Classification wage rate of Banbury Operator and assign those employees work in an area that the company feels is appropriate, pro­vided that under no circumstances will any employees, with more seniority than the Banbury Operator(s), be displaced or laid-off.

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15.09 No layoff shall occur for unionized employec(s) that are qualified to do the work of a contractor that the company has in its employ on a more than 20h per week total contractor workforce basis.

Article 16.00 -Hours of Work and Shift Arrangements

16.01 The standard hours of work shall be as provided hereafter. Any changes to these anangements sha11 only be made by the mutual agreement of the Parties hereto.

16.02 The standard hours of work except for week-ends shall be eight (8) hours per day, including a paid thirty (30) minute lunch period, and forty (40) hours per week, except as otherwise provided herein. The shifts on week-ends may be twelve (12) hours in length.

16.03 Employees shall be required to work on one or other of the following shift arrangements:

(a) A single shift of eight hours commencing at 7:00 a.m. and finishing at 3:00 p.m.

(b) Two alternating shifts of eight hours each with one shift known as the day shift commencing at 7:00a.m. and finishing at 3:00p.m., and the other shift, known as the aftemoon shift, commencing at 3:00p.m. and finishing at 11:00 p.m.

(c) Three alternating shifts of eight hours each with one shift known as the day shift commencing at 7:00a.m. and finishing at 3:00p.m., with anoth­er shift, known as the afternoon shift, commenc­ing at 3:00 p.m. and finishing at 11 :00 p.m., and a third shift which commences at 11:00 p.m. and finishes at 7:00a.m. which shall be known as the

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night shift.

The work week for employees working on the night shift shall commence at 11:00 p.m. on Sunday.

16.04 A paid ten (10) minute break shall be enjoyed during each half (1/2) of a shift and during sched­uled over-time shall be continued.

16.05 Employees who are required to work on the alter­nating shifts specified above shall rotate from one shift to another as mutually agreed upon by both the union and the company unless notified by the Company of a shift rotation change in which case he shall receive a five (5) calendar day notice. The employee may agree to move with less than five (5) calendar day notice. Such employees shall not be expected to change their shift a sec­ond time until all qualified employees in the affected job classification have been required by the Company to work an alternating shift rota­tion.

Employees, wishing to exchange by mutual agreement of the Company and the employees involved their shift rotation, shall notify the Company of their desire in writing five (5) calen­dar days prior to such exchange of shifts. Such request shall not be unreasonably withheld, and shall not incur extra cost to the Company.

In the case of a major clean-up that requires Maintenance employees, the Company shall noti­fy the employee one (1) day in advance of a shift change.

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16.06 The Company shall at all times take reasonable steps to give employees advance notice of any change or cancellation of regular working hours.

In the event an employee reports for work on his regular shift or on a prescheduled overtime shift, without previously having been notified not to report, he shall be paid four (4) hours of the shift he has reported for, except where the shortage of work is caused by such circumstances beyond the conu·ol of the Company, such as serious fire, flood or storm, and the Company has had insuffi­cient time to warn the employees.

In the event of a snowstorm, an employee who lives in the area which receives radio broadcasts from station CJCS Stratford, 1240 on the AM dial, shall be deemed to have been notified in accordance with this Article, if such notice is broadcast over CJCS at Jeast forty-five (45) min­utes before the start of the shift.

16.07 Employees working on the afternoon shift shal1 be paid a premium of$0.40 per hour. Employees who are working on the night shift shall be paid a premium of $0.45 per hour.

16.08 The Union President shall be placed on a perma­nent day shift providing it does not prevent other employees receiving shift rotations.

Article 17.00 - Overtime

17.01 (a) Employees required to work overtime shall be paid for such time worked at the rate of one and one-half (1 1/2) their regular rate of pay except for hours worked on Sunday shall be paid at dou­ble time (2x).

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(b) Employees who are required to work on a paid holiday as specified in this Agreement shall be paid at the rate of two (2) times their regular rate of pay for all hours worked in addition to the hol­iday pay as specified herein.

(c) Employees who volunteer to work overtime between Monday and Friday must complete eight (8) hours of work at regular rate before overtime premium is in effect.

(d) Any overtime where the employee is required to work and has not been given 16 hours notice of the said overtime shall be given a $10.00 food allowance. This food allowance will be added to gross payroll and is not applicable to voluntary overtime.

17.02 Overtime pay shall be based on an employee's regular hourly rate, if applicable, but excluding any other bonuses and shift premium unless oth­erwise mutually agreed to by the Parties.

17.03 The Company shall pay a stand-by rate to per­sonnel to be on call in the event of equipment breakdown or other emergencies. The rate Monday to Friday for Personnel shall be Sixty­five Dollars ($65.00) per week and for Saturday and Sunday, Forty-five Dollars ($45.00) per day.

17.04 (a) Overtime shaH be voluntary but the Parties agree that if sufficient volunteers are not available, the Company shall require employees to work over­time in the reverse order of seniority provided they are able to perform the work required. The employer will notify employees of overtime at the earliest possible time. Such employees shall not be expected to work forced ove1time again

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until all employees in the affected job classifica­tion have been forced to work overtime.

(b) Whenever overtime is needed, the employer will post a "notice for overtime", specifying the clas­sification and number of employees per classifi­cation necessary for the required overtime. The employer will post seventy-two (72) hours in advance the upcoming weekend overtime sched­ule.

(c) The employees in the classification of Millwright and Quality Control Technician shaH only be con­sidered for overtime in their respective Departments. All qualified Q.C. technicians and temporary Q.C. technicians will be considered for such overtime as per the overtime Guidelines.

(d) Should the Company be unable to fill posted overtime positions in other than Maintenance and Quality Control Departments. the Company may request on a voluntary basis employees from the Maintenance and Quality Control Departments to fill the overtime positions.

(e) Probationary employees will not be considered for overtime unless all qualified seniority employees have indicated their desire to decline the overtime.

(f) With the exception of (c) & (d), all employees who are capable of performing the work of the Classifications that are listed on the "Notice of Overtime" will be considered eligible for vo1un­teering, as well as being required to work.

(g) "Capable of petfonning the work" is defined as any employee who is presently in tbe C1assification stated on the "Notice of Overtime"

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or any employee who has previously worked in the Classification within the last 12 months.

(h) If there are more volunteers than needed per shift; the overtime will be assigned to those employees by shift seniority first, provided they are capable of performing the work. Shift seniority is based upon the shift the employee is currently working at the time the notice of overtime is posted. If there are not enough volunteers from a particular shift, overtime wi11 be offered to qualified employees on the remaining shifts, based on plant seniority. If there are not enough volunteers plant wide, the company may force qualified employ­ees on the shift requiring overtime, by reverse seniority.

(i) Overtime will be canvassed according to the shift seniority until the number of employees required has been fulfilled. Shift seniority is based upon the shift the employee is currently working at the time the overtime is canvassed.

(j) If an employee signs the overtime list to work and cancels the overtime after the Wednesday cancel­lation deadline of 11:00 pm or fails to show up for such overtime he will be considered absent. However, if an employee cancels after the Wednesday 11:00 pm deadline and finds another employee who can perform the job by Thursday at 3:00 pm, then such employee shall not be con­sidered absent.

17.05 (a) An employee who is required to report for work at the request of the supervisor at a time other than his regular shift and other than overtime which was previously scheduled shall receive a minimum of four hours pay at the appropriate

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overtime rate.

(b) A maintenance employee who is required to report for work at a time other than his regular shift and other than overtime which was previ­ously scheduled shall be paid a reporting bonus of three hours pay at the appropriate overtime rate in addition to the overtime rate for all hours so worked.

17.06 (a) For the purposes of Inventory Counts, all Overtime Distribution Guidelines will be void, and any necessary overtime will be distributed amongst Personnel of the Warehouseman Classification.

(b) It is understood that no layoff sha11 incur due to the inventory counts.

Article 18.00 - Special Allowances

18.01 Bereavement Allowance - When bereavement occurs in the immediate family of an employee, the employee shall be allowed three (3) working days off, with pay, at the time of the bereavement. An employee's immediate family shall mean

father, mother, brother, sister and current mother­in-law, current father -in-law, current sister-in­law, current brother- in-law.

In the event of the bereavement of an employee's current spouse or children, the employee shall be allowed five (5) working days off, with pay at the time of the bereavement. Current spouse will include common-law wife or husband.

In the event of the bereavement of grandparents, the employee sha11 be allowed one (1) working day off with pay at the time of bereavement.

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18.02 Employees who are injured at work and are sent home, or to a hospital, or to a doctor, shall be paid for any lost hours on that shift.

18.03 Employees required to serve on Jury Duty or as a subpoenaed witness for the Crown will be paid the difference between their regular rate and the amount they receive for Jury Duty or for witness fees as the case may be.

18.04 The company shall provide a work related tool aJiowance of two hundred and fifty doJiars ($250) per contract year for employees who are current­ly working full time in any of the following posi­tions: Maintenance Millwright, Maintenance Set­up and Production Set-up.

Article 19.00 · Paid Holidays

19.01 The following days will be observed as paid hol­idays:

2006/07 2007108 2008/09

Canada Day (Man) Ju\ 3/06 (Man) Jul 2/07 (Man) Jun 30/08

Civic Holiday (Mon) Aug 7/06 (Man) Aug 6/07 (Man) Aug 4/08

Labour Day (Mon) Sept 4/06 (Mon) Sept ~/07 (Man) Sept 1/08

Thanksgiving Day(Man) Oct 9/06(Mon) Oct 8/07 (Man) Oct 13/08

Christmas Day(Mon) Dec 25/06(Tue) Dec 25/07 (Thu) Dec 25/08

Boxing Day (The) Dec 26/06 (Wed) Dec 26/07 (Fri) Dec 26/08

1st Floater (Wed) Dec 27/06 (Thu) Dec 27/07 (Man) Dec 29/08

2nd Floater (Thu) Dec 28{06 (Fri) Dec 28/07 (fue) Dec 30/08

3rd Floater (Fri) Dec 29{06 (Man) Dec 31/07 (Wed) Dec 31/08

26

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New Year's Day(Mon) Jan 1/07 (Tue) Jan 1/08 (Thu) Jan 1/09

Good Friday (Fri) Apr 6/07 (Fri) Mar 21/08 (Fri) Apr 10/09

Victoria Day (Man) May 21/07 (Man) May 19/0S(Mon) May 18/09

19.02 In order to qualify for pay on holidays, an employee must:

(a) have completed his probationary period and have been placed on the seniority list.

(b) Worked at least half the scheduled shift prior to and after the holiday except where absence on such day is occasioned by duly verified sickness, accident or other unavoidable causes or where pennission has been obtained for such absence on one (1) or both days.

In the case of multiple holidays, an employee shall lose no more than one (I) day holiday pay.

19.03 Any of the above-mentioned holidays that faH on a non-working day shall be observed on the working day preceding or following the holiday.

19.04 If any of the above mentioned holidays fall dur­ing an employee's vacation period they shall be added to the vacation time.

19.05 By agreement of the Parties hereto, another day off may be substituted for and observed instead of the holiday.

Article 20.00 -Vacations and Vacation Pay

20.01 Every employee who at June 30th has been in the serviGe of the Company for:

(a) One (1) year, or more shall receive two (2) weeks vacation with pay at four percent (4%) of their

27

1------

total earnings during the vacation year ending June 30th.

(b) Five (5) years or more shall receive three (3) weeks vacation with pay at six percent (6%) of their total earnings during the vacation year end­ing June 30th.

(c) Ten (10) years or more shall receive four (4) weeks vacation with pay at eight percent (8%) of their total earnings during the vacation year end­ing June 30th.

(d) Fifteen (15) years or more shall receive four (4) weeks vacation with pay at nine percent (9%) of their total earnings during the vacation year end­ing June 30th.

(e) Twenty (20) years or more shall receive five (5) weeks vacation with pay at ten percent (1 0%) of their total earnings during the vacation year end­ing June 30th.

20.02 An employee who quits, or is dismissed, or is laid off shall receive any accumulated vacation pay, paid on a pro rata basis, at the time his employ­ment ceases. Employees who are laid off for a temporary period, where the date of reca11 is known shall not receive their vacation pay when they are laid off but will instead be paid at the regular vacation period.

20.03 Subject to the provisions of Article 20.04, there shall be a two-week (2) shut down for vacation purposes which shaH commence two (2) weeks prior to August Civic Holiday. Any year in which the Company does not wish to have a vacation shut down it shall notify the employees of this change not later than April 1st.

28

20.04

20.05

20.06

If the Company requires employees to work dur­ing the plant shut down, senior employees will be given the first opportunity for such work. If the Company does not get enough volunteers, it may compel employees to work in the reverse order of seniority.

Employees who are required to work during the shut down and employees who are entitled to more than two (2) weeks vacation shaH be a11owed to select their vacation according to their seniority with the senior employees receiving first choice and so forth.

Vacation earned in respect of any year or part thereof ending June 30th, shall be taken during the immediately succeeding year ending June 30th.

20.07 ''Total Earnings" for the purpose of this Article 20.00 shall mean all moneys that are required to be shown on Department of Revenue's T-4 slip and any Worker's Compensation Benefits provid­ed they have worked in the vacation year.

20.08 The Company will post "Vacation Request Sheets" by February

(a) 28th.

(b) Any employee, who is entitled to more than two (2) weeks vacation, must indicate in writing, between March 1st and AprH 30th, all of his/her desired vacation dates, including alternate (sec­ond choice) dates.

(c) The above will also hold true for all employees in the event that the Annual Plant Shutdown is can­celled.

29

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(d) Vacation a1lotment wiJI be based on Seniority, with the following being the Guidelines for per­missible absenteeism due to Vacation, Leave of Absence not including Union Business and/or temporary transfer to cover for vacationing employees:

Production Department- Four (4) Employees

Quality Control Department- One (1) Employee

Colour Development Department - One (1) Employee (Banbury)

Warehousing Department- One (1) Employee

Maintenance Department- One (1) Employee

Janitorial Department- One (1) Employee

(c) In the event that more employees request the same vacation period than the Guidelines allow, those employees will be notified, as soon as it becomes apparent, so that they may re-submit "Vacation Request Sheets".

(f) No later than May 15th, the Company will post the Vacation Schedule indicating the Vacation Periods allotted to each employee.

(g) If re-submittal of "Vacation Request Sheets" are made beyond the April 30th deadline, there-sub­mittal must be made within seven (7) calendar days from the date of denial of the original request.

(h) All "Vacation Request Sheets" submitted after April 30th, with the exception of re-submittals, will be handled on a "first come, first serve" basis

30

with no regard for seniority, with the exception of requests being received on the same day and the same shift. Such requests shall be submitted a minimum of seven (7) calendar days prior to the vacation dates requested.

(i) The company will deduct at the discretion of the employee with a fu11y authorized deduction notice signed. The dollars deducted wili be trans­ferred via payroll services to one (1) and only one (1) financial institution selected by the Local Union. AU accounting and transaction balances will be the responsibility of the employee. Changes to the deduction amount can be made once yearly at June 1.

(j) If the Company decides not to have an annual vacation shutdown, the following wi11 be the Guidelines for permissible absenteeism:

Vacation allotment will be based on Seniority, with the following being the Guidelines for per­missible absenteeism due to Vacation, Leave of Absence not including Union Business and/or temporary transfer to cover for vacationing employees:

Production Department - Three (3) Operators Three (3) Helpers

Quality Control Department- One (I) Employee

Colour Development Department - One (1) Employee

Warehousing Department - Two (2) Employees

Maintenance Department- One (1) Employee

Janitorial Department- One (1) Employee

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Article 21.00 · Safety and Health

21.01 The existing safety devices and practices of the Company for the purpose of protecting employ­ees from injury, accident, and unhealthful condi­tions of work, during their working hours shall be continued, subject to such improvements or changes as the Company may from time to time determine to be advisable.

The Parties recognize that each employee has the right and obligation to report unsafe conditions and practices to his immediate supervisor. The prime responsibility to provide safe working con­ditions and to ensure that employees practice safe work habits rests with the company.

21.02 A Union/Company Safety Committee shall be established consisting of up to four (4) members appointed by the Union, and up to three (3) mem­bers appointed by the Company. Each party shall notify the other, in writing, of its appointees and any subsequent changes.

21.03 The Safety Committee shall meet every four (4) weeks to deal with any new or outstanding items of safety. Minutes of the meeting will be distrib­uted to each Committee member and to the Plant Manager with recommendations for action.

21.04

21.05

The Company shall provide one (1) pair of safety prescription glasses every two (2) years for those employees who require them. The company will provide a second pair to an employee because of extraordinary work related circumstances at the discretion of the Plant Manager.

The Company shall pay One hundred thirty-five dollars ($135.00) in Year 1, One hundred forty

32

21.06

dollars ($140.00) in Year 2, One hundred forty­five ($145.00) in Year 3, for the purpose of pur­chasing safety boots or safety shoes on the pro­duction of a receipt. A second pair will be issued to an employee because of extraordinary work related circumstances at the discretion of the Plant Manager.

Wage Continuation

The Company will provide for wage continuity to employees who qualify for either weekly indem­nity coverage or Workers' Compensation. This procedure is in place to cover time that claims are being processed.

The wage coverage will be paid at the employee and benefit specified rates of reimbursement. The wage coverage will only take place after an initial one (1) calendar week waiting period for a maximum period of four (4) weeks after.

The Insurance payment to the employee shall be immediately endorsed to the benefit of the Company. Should any employee refuse to endorse the payment to the Company, the Company shaH have the right to deduct all amounts owing and cease all further payments in respect to that employee's claim.

The Union wiJI co-operate with the Company to ensure that benefit cheques and claim fonns are returned to the Company in a timely manner and will counsel members to ensure fu11 compliance by the members.

Article 22.00 - Job Posting

22.01 All new jobs or job vacancies in the bargaining

33

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22.02

unit, except those filled under the terms of Section 15.01 (c) shall be posted for five (5) cal­endar days on the bulletin boards outside the lunch room, punch clock, lab and foreman's office. During this period employees may apply for the job in writing on a forn1 supplied by the Company.

The most senior employee bidding and qualified to be trained for the posted job will be selected and on completion of a fifteen (15) working day trial and training period, must be efficiently per­fomling the job requirements or show sufficient progress to be allowed to remain on the posted job or will be rctumed to his former job.

With the exception of Quality Control technicians which will require a thirty (30) working day trial and training period and Banbury Operators which wi11 require a thirty (30) working day trial and training period.

Temporary job postings for Quality Control tech­nicians will only be filled by the employees who have been previously trained for that position and have worked in that classification during the last six (6) months.

''Temporary" Quality Control technician refers to any need arising out of absenteeism due to illness, injury, vacation, leave of absence, or training.

At the discretion of the department supervisor the need may also be filled for a maximum period of ten (10) working days by offering overtime to full time Quality Control technicians.

Temporary job postings for Warehouseman will

34

only be filled by the employees who have been previous! y trained for that position and have worked in that classification during the last six (6) months.

"Temporary" Warehouseman refers to any need arising out of absenteeism due to illness. injury, vacation, leave of absence, or training.

At the discretion of the department supervisor the need may also be fiJied for a maximum period of three (3) working days by offering overtime to employee(s) or transferring an employee to cover the warehouseman position.

22.03 The Compahy shall post the name of the success­ful applicant of the job.

22.04 (a) Should the senior employee be unsuccessful in bidding for the job opening, or should the employee selected be considered incapable of efficiently performing the bidded job by the com­pany at the end of his trial period, both the union and the employee shaH receive written notifica­tion from the company indicating why he was unsuccessful. A grievance as per the tem1 of arti­cle 10.00 may be submitted if either believes the company's decision is wrong.

(b) A successful applicant for a posted job must maintain the position for six (6) months.

Article 23.00 - Leave of Absence

23.01 (a) All vacation days must be utilized prior to utiliz­ing a Leave of Absence.

(b) Leave of absence without pay will be granted by the Company for a period of forty-five (45) work­ing days or less shall be without loss of seniority

35

,_.,,

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23.02

23.03

23.04

and with accrual of seniority. Except for unfore­seen circumstances a leave of absence will require seven (7) calendar days prior to notifica­tion.

The Company shall inform the Union of the leave of absence without pay for more than thlrty (30) working days. Such leave of absence will allow the employee to accumulate a maximum of thirty (30) working days additional seniority while on the leave of absence.

An employee must provide a specific reason for leave of absence. If an employee uses a leave of absence for another reason than for which it was granted the employee shall lose aU seniority rights and their name shall be removed from the seniority list and be terminated.

Reasonable leave of absence will be granted to the Union Committee for the purpose of local union business upon request of the Union President. Leave of absence for union business will not be umeasonably withheld. The Union will co-operate in avoiding disruption of produc­tion requirements.

Article 24.00 - Classification of Employees and Wage Rates

24.01

24.o2

Every employee covered by the Agreement shall be classified under a Job Title appropriate to the occupation in which he is norma11y and regularly employed. The Classifications in whlch employ­ees may be placed are those listed by Job Title and Wage Rate in Schedule "A" attached to this Collective Agreement.

Should the need arise to establish a new classifi-

36

cation not listed in Schedule "A", the Company wiJI advise the Union in writing of the proposed new Job Title and the work whlch wiiJ be per­fanned by employees in the new classification.

The Company shall also submit a proposed wage rate for the new classification. The rate shall be based on the job to job relationship that the new work requires compared to the existing job clas­sifications and shall be slotted in the wage sched­ule accordingly.

24.03 (a) Opportunities for temporary transfers, except those resulting from absenteeism relating to ill­ness, in jury or leaves of absence exceeding seven (7) calendar days, shall be posted for a period of two (2) working days. The posted position will be assigned to the most senior employee, provid­ed he possesses the necessary qualifications.

(b) The successful employee, bidding for the tempo­rary transfer under Artic1e 24.03 (a), will receive the wage rate of the wage of the c1assification to which they have bid. Employees transferred to work in another c1assification, without the bene­fit of the bidding process, shall retain the wage rate of their classification or the wage rate of the classification to which they have been transferred whichever is greater.

(c) It is understood that temporary transfers under this section shall not exceed seven (7) calendar days unless such transfer results from the absence of another employee due to illness, injury or other leaves of absence.

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Article 25.00 - Bulletin Boards

25.01 The Company shall provide a bulletin board for the purpose of posting Union notices. All such notices shall be approved by the Union President prior to being posted. All notices shall be subject to approval of the Company.

Article 26.00 - Group Insurance

26.01 The Company will continue to provide the fol­lowing group insurance benefits:

(a) Life Insurance I Accidental Death/Dismemberment

Weekly Indemnity

Long Term Disability

Major Medical and Drug Plan

Vision Care

(b) Dental- Current Group Insurance Plan Carrier

75% Company paid and 25% employee paid

(c) Basic Orthodontic Care: Single or family cover­age as per dental coverage, coinsurance at 50%, lifetime maximum $2,500 per insured person. Mandatory for all participants to dental plan. 75% company paid, 25% employee paid.

26.02

The benefit package as stated above shall be for all non-probationary employees, and where applicable, for their dependents.

The coverage as stated in 26.01, shall terminate for any employee and his insured dependents:

(a) Two (2) clear months commencing the date of

38

lay-off, or,

(b) Four (4) clear months commencing the date of death, or,

(c) Immediately upon tem1inationofemploymentfor any other reason.

(d) Notwithstanding the above, weekly indemnity and long-te1m disability coverage are interrupted for the time of lay-off.

26.03

26.04

26.05

The Company provides, through the current group insurance plan carrier, for all non-proba­tionary employees, a fixed Life Insurance benefit of Forty-five Thousand Dollars ($45,000). with a maximum equivalent amount for accidental death and dismemberment.

The Company provides, through the current group insurance plan carrier, for all non-proba­tionary employees, a Weekly Indemnity benefit (S. T. D.) which provides an income equal to sev­enty (70) percent of an employee's base rate, based on a forty (40) hour per week.

This benefit commences on the first (1st) day of accident, the first (1st) day of hospitalization and the fourth (4th) day of illness for a maximum period of twenty-six (26) weeks per disability.

The Company provides, through the current group insurance plan carrier, for all employees following the completion of one year's service, a Long Term Disability benefit equal to seventy (70) percent of an employees normal monthly earnings, excluding any bonuses, in effect prior to date of disability, to a maximum of Three Thousand Dollars ($3,000) per month.

39

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The monthly income benefit, as stated above, shall be reduced by an amount equal to any ben­efit derived from the following:

(a) Workman's Compensation or similar legislation,

(b) Any federal, provincial or municipal government program, excluding any dependents benefits under the disability provision on the Canada Pension Plan or Quebec Pension Plan.

26.06

Benefits are paid for as long as you are totaliy disabled but cease when you recover or reach age sixty-five (65), which ever occurs first.

The employees will be covered by the Company's Group Extended Health Care program for one (1) year after becoming entitled to Long Tern1 Disability benefits. At the end of the one (1) year period, the employee can apply for pay direct, with our current carrier.

The Company shali not continue to pay the O.H.I.P. premium for an employee receiving Long Term Disability benefits, as the employee is eligible to receive premium assistance.

The Company provides a vision care plan for all non-probationary employees entitling them to:

(a) Three hundred ($300.00) dollars every twenty-four (24) months per person over age eighteen (18).

(b) Two Hundred and fifty ($250.00) dollars every twelve (12) months per person under age eighteen (18).

26.07 The Company will pay for the doctors' certifi­cates for those employees who are required by the

40

Company to supply such certificates to return to work after an absence.

Article 27.00 -Agreement on Pension

27.01 The Union and the Company will maintain a Group RRSP in which the unionized employees and the Company will both contribute 3% of the basic wage of the employee.

3% paid on authorized union leave.

An employee absent from work on an authorized absence, as per the collective agreement, will have the right to pay back his/her contribution and get Company contribution for a maximum of four (4) months per calendar year or twelve (12) months lifetime.

The Company and the Union will maintain a committee to monitor the Group RRSP. Union, staff and management members will be repre­sented on the committee.

Article 28.00 - Apprenticeship

28.01 The Company will hire apprentice in accordance with approved apprenticeship plans of the Ontario Ministry of Colleges and Universities.

28.02 Upon completion of the normal probationary period in accordance with Article 14.00 hereof, an apprentice wil1 establish seniority from his date of hire. The course of classroom and in­plant training will be in accordance with Government Apprenticeship guidelines and fail­ure to show satisfactory progress through the training program will be cause for termination subject to the grievance procedure as per Article 1 0.00 hereof.

41

28.03 The pay scale for an apprentice in relation to the bottom rate of the classification to which he is apprenticed wm be as follows:

Starting rate 75%

At strut of second period

At start of third pe1iod

At start of fourth period

Upon certification of Apprenticeship Program requirements complete

80%

85%

90%

100%

28.04 Under the Standard Provincial Apprenticeship Plan the number of hours in each of the four (4) periods referred to in Section 28.01 is two thou­sand (2,000) hours.

28.05 Apprentices who are required to attend an educa­tional institute as part of their apprenticeship pro­gram will be paid their regular wages for such time as may be lost from their regular working hours. As a condition of receiving the aforemen­tioned wages an employee must:

(a) Apply for any Unemployment Insurance Benefit for which he may be entitled to for such absence, and,

(b) Upon receipt of such benefits sha11 immediately tum over to the Company a sum of money equal to the benefit received.

Article 29.00 ~Payment of Wages and Job Progression

29.01 The Company shall establish a weekly pay period commencing on Saturday of each week.

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29.02

29.03

29.04

Employees shall be paid on Thursday of every week, during working hours, for the pay period ending on the previous Friday. All employees will be paid by direct deposit to their financial institutions.

Vacation pay shall be paid to employees one (1) week prior to the commencement of the vacation to be taken.

The Company may hire new employees at any one of the rates shown in Schedule "A" for their respective classification.

Article 30.00 - Renewal, Amendment and Termination

30,01 This Agreement shall be in effect for three j~l. years from June 1, 2006.anOS'iimTconhTIUeirom ~arlo year thereafter unless either Party give

notice in writing of its intention to tenninate the Agreement, or to enter into negotiations for the purpose of amending the Agreement, within a period of not less than thirty (30) days, and not more than ninety (90) days prior to any such year­ly termination date.

30.02 If notice of intention to amend is given by either Party as per the terms of section 30.01, negotia­tions shall commence not later than twenty (20) days after the submission of the notice, except that the Parties may by mutual agreement, extend the aforementioned twenty (20) day period.

Article 31.00 ~ Change in Plant Location

31.01 If Spartech Color- Stratford move their business anywhere within a 100 krn radius of Stratford, this agreement shall remain in effect.

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LETTER OF UNDERSTANDING #1

STUDENTS

The patties to this Agreement agree that the terms of the present Collective Agreement do not apply to students hired between May 1st and September 1st, except for the follow­ing provisions:

- pay rate equal to the starting rate of the Concentrate Machine Helper

-the provisions of section 8.00 of the Agreement

Should a student hired under the above mentioned condi­tions dec1are his or her desire to continue to work beyond September 1st, he or she shall so inform the Company in writing and, if allowed to continue to work, he or she shall then commence his or her probationary period.

Both parties agree that the student shall receive all rights and privileges provided for by the Labour Relations Act.

LETTER OF UNDERSTANDING #2

APPRENTICESHIP PROGRAM

The Company will grant employees who have been on Apprenticeship Programs and have lost Unemployment Insurance Credits, the right to remain employed, in the event of a layoff, over and above all other employees until such time as their credits have been fully recovered.

LETTER OF UNDERSTANDING #3

SPARTECH COLOR • STRATFORD

GROUP INSURANCE PLAN

The parties to this Agreement agree to examine together and to implement practical mechanisms to control and where possible reduce costs of this Group Insurance Package.

LETTER OF UNDERSTANDING #4

SPARTECH COLOR - STRATFORD

STRAIGHT SIITFTS

Employees will be able to work on straight shifts based on the following criteria:

1. Plant wide vote conducted by the Company and Union jointly on Company premises.

2. Vote must carry a favourable response of 65% or greater of all Union employees.

3. When original vote has been cruried out and attained the required 65%, a twelve (12) month phase-in wili take place.

4. Followed by another six (6) month trial period.

5. Fo11owcd by another vote as per above motion #1 fol­lowing six (6) month trial period.

6. Union agrees that if 65% is not achieved the subject of straight shift wi11 no longer be discussed.

44 45

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LETTER OF UNDERSTANDING #5

SPARTECH COLOR STRATFORD

WEEKEND SIDFT

The parties to this agreement agree to examine together a weekend shift when necessary and prior to the implementa­tion of the weekend shift.

46

IN WITNESS WHEREOF the parties hereto have executed tlris Agreement this 30th day of August. 2006.

SIGNED, SEALED AND DELIVERED in the presence of

) SPARTECH COLOR­) STRATFORD ) DIVI510N OF SPARTECH ) CANADA INC.

) -----· ' - "\ ) Per / Jtm. ._).)JI"l'M-uv-..1 ) Operation Manager

)(2 ) -----~ ) Per ;,...<.- .._______, ) Plant Manager ) ) ) Per:.__.,><;;:~Wc:J....<'.!ti=~ ) Accounti ) ) ) ) TilE INTERNATIONAL ASSOCIATION OF

) MACH!h'ISTS AND AEROSPACE

) WORKERS

)

~Per~ ) ) ~ - :'i ; Perd#y?/-~y~

~Per~~

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SPARTECH COLOR - STRATFORD SCHEDULE"A" Wage Rates in Canadian Dollars for New and Existing Employees

Yearl Job Title Start 3Mth 6Mth 9Mth 12Mth

Concentrate Machine Operator 2036 21.02 21.71

Concentrate Machine Helper 18.65 19.51 2038

Production Set-Up 22.21 22.71 23.21 .. Maintenance Set-Up 21.39 22.19 22.99 00

Maintenance Millwright 24.40 25.25 26.05

Pigment Weigher 2036 21.02 21.71

Janitor 18.27 19.13 20.00

Grinder Operator 19.24 20.10 20.97

Warehouseman 19.64 20.50 21.39

Banbury Operator 2036 21.02 21.71

Quality Control 22.27 22.55 22.83 23.11 23.42

SPARTECH COLOR - STRATFORD SCHEDULE"A" Wage Rates in Canadian Dollars for New and Existing Employees

Year2

Job Title Start 3Mth 6Mth 9Mth 12Mth Concentrate Machine Operator 20.86 21.52 22.21

Concentrate Machine Helper 19.15 20.Ql 20.88 .. Production Set-Up 22.71 23.21 23.71 "' Maintenance Set-Up 21.89 22.69 23.49

Maintenance Mi11wright 24.90 25.75 26.55

Pigment Weigher 20.86 21.52 22.21

Janitor 18.77 19.63 20.50

Grinder Operator 19.74 20.60 21.47

Warehouseman 20.14 21.00 21.89 Banbury Operator 20.86 21.52 22.21 ' Quality Control 22.77 23.05 2333 23.61 23.92 'I

SPARTECH COLOR - STRATFORD sCHEDULE "A" Wage Rates in Canadian Dol1ars for New and Existing Employees

Year3

Job Title Start 3Mth 6Mth 9Mtb 12 Mtb Concentrate Machine Operator 21.36 22.02 22.71 Concentrate Machine Helper 19.65 20.51 21.38

~ 0

Production Set-Up 23.21 23.71 24.21 Maintenance Set-Up 22.39 23.19 23.99 Maintenance Millwright 25.40 26.25 27.05 Pigment Weigher 21.36 22.02 22.71 Janitor 19.27 20.13 21.00 Grinder Operator 20.24 21.10 21.97 Warehouseman 20.64 21.50 22.39 Banbury Operator 21.36 22.02 22.71 Quality Control 23.27 23.55 23.83 24.11 24.42

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