js•'!~col - ontario · (for q.a. technicians at sivaco ontario) the undersigned company and...

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COLLECTIVE AGREEME EOF OCT 19 Ingersoll, Ontario and NATIONAL AUTOMOBILE, AEROSPACE, .. ... TRANSPORTATION AND GENERAL WORKERS SUB. PHOVS GODfJ.I UNION OF CANADA (C.A.W.) and its LOCAL 2163 Q.A. TECHNICIAN UNIT 2000·2003

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COLLECTIVE LABO~~::=-::--L--

AGREEME EOF

OCT 19

js•'!~col Ingersoll, Ontario

and

NATIONAL AUTOMOBILE, AEROSPACE, --·----·--·~-.. ~·!.Y-W~~~·aif~=t ... ~·1 TRANSPORTATION AND GENERAL WORKERS

SUB. PHOVS GODfJ.I UNION OF CANADA (C.A.W.) and its LOCAL 2163

Q.A. TECHNICIAN UNIT 2000·2003

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MEMORANDUM OF AGREEMENT A between W'ACO ONTARJO DIVISIONJIVACO INC

and NATIONAL AUTOMOBILE, AEROSPACE,

TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (C.A.W.)

and its LOCAL 1163 (FOR Q.A. TECHNICIANS AT SIVACO ONTARIO)

THE UNDERSIGNED COMPANY AND UNION REPRFSENTA· TIVES AGREE ON THE FOLLOWING BASIS FOR A COlLEC­TIVE AGREEMENT AS ATTACHED, SCHEDULE "A" BE­TWEEN THE PARTIES, SUBJECT TO UNION MEMBERSHIP RATIFICATION. TinS AGREEMENT COMMENCES AT DATI!. OF RATIFICATION AND ENDS ON JUNE 30, 2003. THE UNION NEGOTIATING COMMnTEE AGREES TO RECOMMEND THE SAID AGREEMENT IN ITS ENTIRETY TO THE MEMBERS FOR RATIFICATION.

The parties also agree to the benefits spelled out in Schedule "A" and agn::ed upon language in schedule "A".

SIGNED AT LONDON, ONTARIO TinS 28TH DAY OF JUNE 2000.

FOR TilE COMPANY FOR TilE UNION LAWRENCEPYE RONJOYAL DAVE SmJNGTON JOEWAITE

ALPHABETICAL INDEX AI'Aion ................................................................. 8 B~g of Overtime ................................................... 55 Bereavement Pay ....................................................... 37 Bulletin Boards .......................................................... 32 Call-In Allowance...................................................... 34 Canada Savings Bonds .............................................. 44 Consultation Meetings .............................................. 38 Continuous Work Week............................................. 53 Continuance of Pay (leaves of absence) .................... 51 Core Certification ........................................................ 54 Cost of Living Allowance............................................ 25 Deduction of Union Dues .......................................... 31 Dental Plan ................................................................ 29 Discharge or Suspension ........................................... 9 Discipline................................................................... 35 Drug Plan................................................................... 29 Duration ....................................... .............................. 38 Eye Glasses & Contact Lenses ..................................... 30 General...................................................................... 34 Grievance Procedure ................... .............................. 5 First Stage .................................................................. 6 Second Stage ............................................................. 6 Tune Limits................................................................ 6 Health & Safety Training........................................... 47 Health Care Coverage ................................................ 26 Holidays ......................... ............................................ 19 Hours of Work & Overtime ....................................... 16 Job Posting ................................................................ 14 Jury Duty .................................................. :................ 37 Leaves of Absence ........................................................ 36 Leaves of Absence ..................................................... 52

Long Term Disahility ................................................. 28 Management iAons ............................................. 2 Ministry of La-Investigations ............................. 43 National Day of Mourning ........................................ 46 Ontario Health Tax .................................................... 29 Overtime .................... .......... .... .................................. 17 Overtime.................................................................... 42 Paid Education Leave ...................... .......................... 48

l GENERAL INDEX .e 1 ................................................................... l'

de 2 .. · ............................................................... .. Article 3 ................................................................... ~ Article 4 ................................................................... 3 Article 5 ................................................................... 4 Article 6 ................................................................... ~

Paid Educational Leave ............................................. 38 Article 7 ................................................................... f PayDay ...................................................................... 34 Article 8 ................................................................... S Payroll Cheque Information ...................................... 50 Article 9 ................................................................... I ( Pension Plan .............................................................. 40 Article 10 .................. :;............................................... It Recognition ............................................................... 1 Relationship ............................................................... 1 Representation ........................................................... 4 Rest Periods ............................................................... 34 Safety & Health ......................................................... 32 Seniority .............. .................. .... ................................ 1 0 Shift Differential........................................................ 32 Skilled Trades Language ........................................... 60 Strikes & Lockouts .................................................... 3 Supply of Tools.......................................................... 49 Training ..................................................................... 45 Vacations ................................................................... 21

Article II ................................................................... JS Article 12 ................................................................... 21 Article 13 ................................................................... 25 Article 14 ................................................................... 25 Article 15 ................................................................... 26 Article 16 ................................................................... 31 Article 17 ................................................................... 32 Article 18 ................................................................... 32 Article 19 ................................................................... 34 Article 20 ................................................................... 34 Article 21 ................................................................... 34

Wage Payments.......................................................... 35 Article 22 ................................................................... 38 Wage Rates ................................................................ 39 Appendix "A" Wage Rates ........................................ 39 Wage Schedule .......................................................... 25 Appendix "B" Pension Plan...................................... 40 Weekly Indemnity ...................................................... 28 Letter of Understanding } ............................................. 42

Letter of Understanding 2 ........................................ 43 Letter of UndersfAtg 3 ........................................ 44 Letter of Unders .. g 4 ........................................ 45 Letter of Understanding 5 ........................................ 46 Letter of Understanding 6 ........................................ 47 Letter of Understanding 7 ........................................ 48 Letter of Understanding 8 ...... .................................. 49 Letter of Understanding 9 ........................................ 50 Letter of Understanding 10 ...... .................................. 51 Letter of Understanding 11 ........................................ 52 Letter of Understanding 12 ........................................ 53 Letter of Understanding 13 ........................................ 54 Letter of Understanding 14 .......................................... 55 Letter of Understanding 15 ......................................... 57 Letter of Understanding 16 ........................................... 58 Letter of Understanding 17 Q.A. Technicians ........... 59

SCHEDULE" A"

• COLLECTIVE AGREEMENT ·

EGOTIATIONS- 2000 (SIVACO/CAW) FINAL AGREEMENT 2000 Q A TECHNICIANS

ARTICLE 1- RECOGNITIION 1.01 The Company recognizes the Union as the sole collec­tive bargaining agent for all employees·of Sivaco Ontario, in the city of Ingersoll, Ontario. Save and except supervi­sors, persons above the rank of supervisor, office, clerical and sales staff and persons covered by a previous Ontario Labour Relations Board Certificate.

1.02 (a) Supervisory or management staff will not take the place nor do the jobs of members of the bargaining unit It is understood, however, that supervisory staff may instruct. in­spect, and/or in the case of emergency take action necessary to avoid injury or loss of life, or loss to property, material or machinery.

(b) The company will provide the Union with a list of all management personnel that the Union deals with and the Union will recognize the personnel according to the said list

ARTICLE 2- RELATIONSHIP 2.01 The Union agrees that there will not be any Union activities or business conducted on the premises of the com-

pany except as pe·· ted by this agreement or with the per-mission of the G Manager or his delegate.

ARTICLE 3- MANAGEMENT FUNCTIONS 3.01 The Union acknowledges and agrees that the Com­pany shall continue to reserve all of the rights, power and authority to manage its plant and business and direct the working forces except as otherwise abridged or surrendered by the express provisions of this agreement. Without re­stricting the generality of the foregoing, the exercise of such rights by the company shall include, but not be limited to:

(a) Maintain order, discipline and efficiency;

(b) Hire, direct, discharge, classify, transfer, layoff, recall and suspend or otherwise discipline employees, except that a claim by an employee that he has been discharged or dis­ciplined without reasonable cause or improperly classified, transferred, laid off or recalled may be the subject of a griev­ance and dealt with in accordance with the grievance pro­cedure;

(c) The Company agrees to discuss with the union any changes regarding rules and regulations and to provide a copy of such notices prior to posting.

(d) Determine the number of personnel required from time to time, the standards of perfonnance of employees, the

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schles of work, including the schedules of overtime work to rformed, schedules of vacation, the services to be per ormed, and methods, procedures, machinery and equipment in connection therewith, the engineering and designing of products, the control of materials and parts to be incorporated in the products to be produced, and the extension, limitation, curtailment or cessation of operations.

3.02 The Company agrees that these functions will not be exercised in a manner inconsistent with the express provisions of this agreement.

ARTICLE 41- STRIKES ANJI) lLOCK-OlUTS 4.01 During the term of this agreement, neither the Union nor its agents, the local officers or its representatives shall authorize, instigate, take part in, or condone, nor will any employee or employees take part in, any action against the Company such as a strike, slowdown, or interference with the orderly operation of the Company. Any violation of this

· provision by an employee or employees shall be cause for disciplinary actinn. The Company agrees that during the life of this agreement there shall be no lockouts.

4.02 The Company agrees that in the event an employee is sent to another operation which has a posted picket line, the employee will not be subject to discipline for failure to cross such picket line.

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ARTICJLE 5- REPRESENTATION 5.01 The Comi>Atcknowledges the right of the Union to appoint or oth-se select a plant committee otherwise known as the Union Grievance Committee, which shall be composed of not more than two (2) employees, one of whom shall be designated as Chairperson. Each member of this committee shall have completed his probationary period ~ith the Company during his time of office. The said Com­mittee will co-operate with the Company in the adminis­tration of this Agreement.

5.02 (a) The names of the Chairperson and members of the Plant Committee from time to time selected shall be given to the Company in writing and the Company shall not be required to recognize such until it has been notified by the Union of the name of the same.

(b) Members of the Plant Committee and the Health & Safety Co-chairperson shall be scheduled for the day shift and shall not be required to rotate.

5.03 The Company agrees to infonn all employees com­ing within the jurisdiction of this agreement of changes in supervisory staff as they occur and also the line of manage­ment The Company agrees to post such information on the plant bulletin board.

5.04 The Union agrees that the Stewards and Officers have

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their regular duties to perfonn on behalf of the Company anA they will not leave their regular duties without fmt ob.Zg permission from their Q.A. Manager or designate. Such permission will not be unreasonably withheld.

5.05 The Company will pay one hundred percent (100%) of the time lost, by a committee person, when attending ne­gotiations with the Company for the renewal of this agree­ment up to but not including any time spent at conciliation.The payment shall be based upon an eight (8) hour day, (ie. maximum of eight [8] hours pay) and made at the employee's straight time hourly rate.

ARTICLJE 6- GRIEVANCE PROCEDURE 6.01 (a) A grievance is defined as a difference which arises relating to the interpretation, application, administration, or alleged violation of the collective agreement.

(b) It is the mutual desire of the parties hereto that griev­ances of employees, who have acquired seniority, shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has fmt given his Q.A. Manager or designate an opportunity to adjust the griev­ance. If an employee has a grievance, he shall discuss it with his Q.A. Manager or designate with the steward present, within seventy-two (72) hours after the circumstances giv­ing rise to the grievance, and failing settlement it may then be taken up as a grievance within twenty-four (24) hours thereafter, on the following basis:

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F11RS1r STAGE ' An employee with• evance may discuss the matter with his steward who may present the grievance in writing, signed by the employee, to the Q.A. Manager or designate, setting forth the article of the Agreement which he alleges has been violated.

Failing settlement the Production Q.A. Manager or designate shall give his decision in writing within twenty­four (24) hours following the presentation of the grievance to him.

SECOND STAGE Failing settlement in the first stage as set forth above, within five (5) working days after the decision is given in the first stage, the grievance may be submitted in writing to the General Manager or his delegate. Within one (I) week of receipt of the grievance in this stage, a meeting will be arranged by the General Manager with the Union Grievance Committee. The General Manager or his delegate will give an answer in· writing, to the Chairman of the Union Grievance Committee within five (5) days of the meeting.

6.02 At the second stage of the grievance procedure, either company representatives or a district representative of the Union who are not employees of the Company may be present at the request of either party.

6.03 TIME LIMITS Any grievance not processed within any of the time limits

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set out in the grievance or arbitration procedures shall be deer& be settled or withdrawn. The time limits set out hereiKall exclude weekends and holidays and shall apply only to regular work days.

6.04 The Company shall have the right to lodge a grievance with the Union relating to the conduct of the Union, or any Union representative or the conduct of the employees or concerning the application or interpretation of any provision of this agreement. The grievance shall first be presented in writing to the Union, and a meeting will be held within one (I) week between representatives of the Company and the Union, and the grievance shall be answered in writing by the Union within one (I) week of such meeting.

6.05 The Union shall have the right to lodge a grievance with the Company relating to any company policy concerning the application or interpretation of any provision of this agreement, provided that such grievance could not have been lodged by an individual employee under the normal procedures set out above.

The grievance shall first be presented in writing to the Company at the second stage of the grievance procedure and a meeting will be held within one (I) week between. representatives of the Company and the Union, and the grievance shall be answered in writing by the Company within one (I) week of such meeting.

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6.06 If final settle~ of any grievance is not compl~ted within fifteen ( 15) ..... rldng days after the answer was gJVen at the second stage, and if the grievance is one that concerns the intetpretation, administration, or alleged violation of the Agreement, the grievance may be referred by either party to a board of arbitration as provided in Article seven(7) below.

ARTICLE 7- ARBITRATION 7.01 .No matter shall be submitted to arbitration which has not been properly carried through the appropriate stages of the grievance procedure.

7.02 Both parties to this Agreement agree that any dispute or grievance concerning the interpretation or alleged violation of this Agreement, and which has not been settled through the grievance procedure, will be referred to an arbitrator at the request of either of the parties hereto.

7.03 Within fifteen(l5) work days from the request for arbitration the parties shall attempt to agree upon an arbitrator. In the event they fail to agree, either party may request the Ministry of Labour to make such appointment.

7.04 The decision of the arbitrator so appointed, shall be binding on both parties.

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7.05 The arbitrator shall not have any power to alter or cbanAy of the provisions of this agreement or to substitute any .JIIII'provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement.

7.06 Each of the parties to this Agreement wilJ jointly bear the expenses of the arbitrator.

7.07 No person shall be selected as an arbitrator who has been directly involved in an attempt to negotiate or settle the grievance.

7.08 The Company agrees that records of discipline which occurred six (6) months prior to the incident giving rise to the matter before a board of arbitration shall not be used.

ARTICLE 8- DISCHARGE OR SUSPENSION

8.01 A claim by an employee who has completed his probationary period that he has been discharged or suspended without cause shall be treated as a grievance if a written statement of such grievance is lodged with the General Manager or his delegate within three(3) work days after the employee is discharged or suspended, and the fmt stage of the grievance procedure will be oniitted in any such case. An employee who is discharged or suspended shall be given the opportunity to speak with the plant committee before he leaves the Company premises.

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8.02 Such spe~-evance may be settled under the grievance and anpon procedures by:

(a) Conflrl1ling the employee's dismissal or suspensions. (b) Reinstating the employee with full compensation for

time lost; and (c) By any other arrangements which are reasonable in

the opinion of the conferring parties.

AKTICLE 9 ·SENIORITY

. 9.01 Anemployee wiU be on probation and shall not acquire seniority until he has completed three hundred and sixty (360) worked hours of continuous employment. Upon completion of such probationary period, his seniority shall be calculated from his last date of hiring by the Company.

9.02 Seniority lists will be maintained on a current basis and revised every three (3) months. A copy of the list will be posted on the plant bulletin board and a copy forwarded to the union. Seniority, as referred to in this agreement. shall mean service in the employ of the Company.

9.03 Members of the plant committee and safety committee chairperson shall be considered to have top seniority in the event of a lay .off provided they are willing and capable of perfonning the work available.

9.04 When a reduction of the work force becomes necessary and employees must be laid off, the following will apply,

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except in emergency situations and/or in the case of machine or 9ent breakdown.

9.04 (I )(a) The Company will notify the Union Chairperson two (2) work days prior to such a lay.off, and give two (2) work days notice to the employee(s) affected.

(b) Thereafter, employees including probationary employees will be laid off in inverse order of seniority, or hiring provided that there are employees available with greater seniority, who are qualified to do the work which remains and is required . Employees so retained shall be paid the rate for the job they perfonn in accordance with Appendix "A" hereto.,

(2) Notwithstanding the above it is understood that if a pennanent discontinuance of a job occurs, the redundant employee(s) will be given the opportunity of bumping into other position(s) held by an employee(s) with less seniority, provided that the senior employee has the qualifications and ability to perfonn the work after being given an opportunity to familiarize himself with the work required. Employees so bumped will also be given the opportunity to bump until no further bumps are possible. However, it is agreed that no bumping will take place between the Q.A. Technicians and production employees or between the production employees and Q.A. Technicians.

For the purpose of this clause "temporary" as applied to the discontinuance of a job shall mean a discontinuance lasting up to forty-five (45) days. "Pennanent" as applied to the

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discontinuance o1!1ib shall mean a discontinuance longer than fony-five (.ys.

· (3) In the event that the plant should be relocated, the company will offer the present employees, in order of seniority, the opportunity of filling vacancies at the new plant before hiring new employees.

(4) When recalling employees after lay-off whlcb bas been made on the basis of seniority the reverse order of lay-off will be followed. Recalled employees shall be paid the rate for the job to whlch they are recalled in accordance with Appen~ix fl A" hereto.

(5) When the job from which an employee bas been transferred due to lay-off is again vacant the employee shall be transferred back to hls prior job.

(6) Let it be understood that a bump should be the last possible step to be taken and that the person ~umping m~st have either done the job or be able to do the JOb taken w1th no training period and prove satisfactory to the Company within eight (8) hours.

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9.05 Seniority shall be lost and employment terminated:

(a) .If an employee with six (6) months or less of employment is laid off for a period in excess of six (6) months.

(ii) If an employee with more than six (6) months of employment is laid off for a period in excess of their accumulated seniority at the time of lay-off to a maximum ofthiny-six (36) months.

(b) If an employee leaves the employ of the Company;

(c) If an employee is discharged unless such discharge is reversed through the grievance procedure;

(d) If an employee overstays a leave of absence without permission and such pennission shall not be unreasonably withheld.

(e) If an employee is absent for three (3) consecutive working days without a reasonable justification for such absence and without contacting the Company to secure leave of absence. he shall be deemed to have quit.

(0 If an employee on lay-off fails to return to work withiD five (5) days from the delivery of a registered letter to hls last recorded address with the Company or his receipt of a telephone call from the Company.

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9.06 An employ-all accumulate seniority under any of the following c~ons: (a) While he is at work for the Company after be has completed his probationary period as set out in Section 9.01.

(b) During any period when he is prevented from performing his work for the Company by reason of injury arising out of and in the course of his employment with the Company and for which he is receiving compensation under the provisions of the Worker's Compensation AcL

(c) In accordance with 9.06 (a) above, during any absence due to illness or accident or written leave of absence or during any lay-off.

9.07 In the event that an employee covered by this agreement should be promoted to a supervisory position beyond the scope of this agreement and is subsequently transferred back to the bargaining unit, within sixty (60) days worked from the date of transfer, he shall retain the seniority previously acquired. It is understood that if an employee is transferred back to the bargaining unit he shall, within ten ( 1 0) work days of such transfer and as a condition of continued employment pay to the local Union Treasurer the reinstatement fee prescribed by the National Constitution. 9.08 JOB POSTING (1) Except as otherwise modified herein, the Company

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I a!lo post all non-entry level permanent job vacancies t w intends to fill within forty-eight (48) hours of such t vac (defined as a job to which no other employee has a

prior claim) for a period of forty-eight (48) hours. Such posting shall identify the job title, rate of pay, and qualifications required for the job.

(2) Employees wishing to be considered for such vacancy shall make application in writing to the Plant Manager within the posting period.

(3) At the end of the posting period the Company will review each of the applications.

(4) In reviewing applications from employees who meet the requirements of the Company, consideration will be given to the skill and ability of the employees to perform the work. and where as among two or more candidates these are relatively equal and meet the requirements of the company, then seniority shall be the determining factor. Temporary transfer shall not be considered as experience for job posting qualifications.

(5) It is understood that an applicant to a job posting may not be awarded more than two (2) postings per year commencing from the date of the farst successful application.

(6) All subsequent vacancies created by employees who

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obtain job postin~ be posted after the employees who have been awar e postings are confi~ed by. the Company in .their <t.w positions. Until such ume, the JObs may be fiUed by temporary transfers.

An employee who does not fulfill the requirements of the job shall be transferred back to his former job.

To refiU the vacancy, the employer will offer the ~si?on to the next best qualified employee from the ongmal applications.

ARTICLE 10.0- HOURS OF WORK AND OVERTIME

1 0.01 (a) The normal hours of work will be eight (8) hours per day, Monday through Friday, commencing at 7:00a.m. The above represents a normal work week of fo~ (40) hours. It is understood that this shall not constitute a guarantee of hours of work per day or days per week or for any period whatsoever.

(b) Where the Company considers it necess~ to operale an afternoon and/or evening shift such shtfts shall be scheduled as follows:

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~zn: from 3:00p.m. to II :00 p.m., Monday through FriUW'

Evening: from ll:OO p.m. to 7:00a.m., Sunday through Friday.

Where two or more shifts are in operation, all employeeS involved will be required to take their tum on the other shift(s) for equal periods of time. The length of such periods shall be determined by agreement between the Union and the Company.

(c) Where the Company is wodcing on a three shift operation, employees who work the shifts shall receive a twenty-minute paid break.

(d) Employees working on continuous operations will not replace employees of the preceding shift more than five (5) minutes from the start of their shift.

10.02 - OVERTIME Overtime premium of time and one-half (l-1-1) shall be paid under the following circumstances:

(I) For all hours worked in excess of eight (8) hours per dlly. .

(2) For all hours worked on Saturday.

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ks more than two (2) hours of (3) An employee. w~r fur shift shall be entitled to overtime before o"P" his regu a meal allowance Ol~

$8.00 as of July l, 2000

rks ti urteen (14) continuous hours An employee who wo o ce shall be entitled to a second lunch allowan .

. all be aid for all hours It is understood that double ume sh P worked on Sunday.

. bo if an employee is temporarily Notwithstanding the a ve, k eek. his hours of such laid-off during the n~rmal w':oo ~uring the normal hours temporary lay-off w~ch occu d hours of work in that week of work will be credited t~war . ning when the overtime for the sole purpose of eterml

premium commences. . work at the request of the An employee who ~mes m ~heduled starting time shall Company prior to his regul.ar gular scheduled shift hours. be permitted to complete his ~ the Company prior to the In the event he is sent home .Jft, he shall be paid overtime end of his regular scheduledh:u-(1-Y.r) for the hours worked

remiums of time and one- . P . to the starting time of his regular sbift. pnor . ·

shall have the right to 10.03 It is a~ that th7 Co:~;':~henever necessll!)' IO schedule or ass.Jgn overtime. efficiency of its opera tiona. meet emergencieS or to ens7s.

Wh-vertime work is required the Company will make eve~nable effon to advise the affected employees at least two (2) hours prior to the end of their regular shift of work.

There will be no charge for ovenime opponunity for employees who refuse overtime with Jess than two (2) hours notice of such ovenime.

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10.04 The Co~pany recognizes the principle of equal distribution of overtime among employees who reguJarJy perform the work. Refusal to work ovenime shaJI be considered as an assignment for record purposes. Any make­up requirements shall be in overtime assignments only at the next available opponunity.

10.05 When scheduled to work on Saturday, the Q.A. Technician shall be paid a minimum of four (4) hours at time and one-half ( 1-Y.z) his regular tate; when scheduled tQ work on Sunday, he shall be paid a minimum of four (4) hours at two (2) times his regular tate. In those cases, the employee will not be asked to perform other jobs that have not been previously scheduled.

ARTICLE U -HOLIDAYS

I I .01 (a) An employee on the Company payroll when the foUowing holidays occur shall be paid his straight time hourly mte times eigh_t (8) hours plus C.O.L.A. after he hns worked for the Company a total of thiny (30) calendar days and provided that the employee works the full regular

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day before the hoi,. and the full regular day after the holiday.

One additional holiday which will be taken between Christmas and New Years. Th.is holiday must be taken along with two of the four floaters. Th.is will mean employees shall receive 3 paid days between Christmas and New Years plus the 3 Statutory holidays.

July JJOO. July 1101· HOLIDAY June 30101 June 30102 Dominion Day July3JOO.Moo. July 2101-Mon. Civic Holiday Aug. 7/00-Mon. Aug.6101-Moo. Labour Day ScpL 4100-Moo. SepL 3101-Moo. Thanksgiving Day Oct. 9/00-Moo. OcL 8101-Mon. Ouistmas Day Dec. 25/00-Mon. Dec. 25/0I·Tues. Boxing Day Dec. 2610(). Tues. Dec. 26101· Wed. ~ Dec. 27 Wed. Dec. 27 Thurs Aoatcr I Dec. 28 Thurs. Dec. 28 Fri. Aoiltcr 2 Dec. 29 Fri. Dec. 31 Moo. Aoatcrs 3 & 4 · 2nd & 3rd floater-employee's choice New Year's Day Jan. 1101-Mon. Jan. 1/02-Tucs. Good Friday Aprii13/0J-Fri. March 29/02-Fri. VictoriaDay May21/0J-Moo. May20102-Mon. Employee's Birthday

July 1/02-Juoe 30103 July 1/02-Moo. Aug. S/02-Mon. ScpL 2102-Moo. Oct. 14102-Mon. Dec. 25.102-Wcd. Dec. 26J02. Thur. Dec. 27 Fri. Dec. 30Mon. Dec. 31 Tues.

Jan. 1103-Wcd. Apri118/03-Fri. May 19/03-Mon.

11.01 (b) The two (2) floating holidays shall be designated one month in advance of the intended day(s) as agreed by the Company and the employee. Failing agreement, the

r'-

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Comp.will designate the floating holidays.

11.02 employee is requested by the Company to work on any of the foregoing holidays, he wiiJ be paid at two (2) times his regular hourly rate for each hour worked plus his holiday pay. 1

11.03 The parties to this Agreement may mutually agree to change the day of celebration of any holiday which does not fall on either a Monday or a Friday. If such a day is mutually agreed, payment required under 11.01 and 11.02 wiD be applicable only to the day actually celebrated by the Company.

11.04 It is understood that if any of the above days, or the day, upon which they are celebrated by virtue of any· agree~ent between the parties, fall within an employee's vacauon, the employee shall be entitled to an additional day offwork. ~ ·· ·

11.05 It is understood that if an employ~ is absent on either or both of the qualifying days for holiday pay (11.0 I refers), the absence must be due to sickness or accident for which co'!lpensation is not payable, death in the immediate family, or Jury duty. If holiday pay is claimed under this clause then evidence satisfactory to the company must be produced.

ARTICLE 12- VACATIONS

An employee may choose to have his vacation pay paid in one of two methods: · · · . I. AU vacation pay entitlement to be piud ·by the 15th

of July each year. . . 2. Vacation pay would be paid prior to ihe taking of

each week's vacation. (Example: when an employee 21

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. ! i I

is scheduled for on. week's vacation, his one_(l) week of vacation pay wi , paid on the first day pnor to the taking of the vacation.

12.01 (a) The vacation year-end shall be June 30th in any year.

(b) Employees with less than twelve (12) months.of continuous service at the vacation year-end shall ~ece1ve vacation time and vacation pay in accordance w1th the Employment Standards Act.

(c) Employees. with more th~n twelve (12) months. of continuous serv1ce at the vacatiOn year-end shall receave two (2) weeks of vacation time and five percent. (5%) of their gross earnings during the vacation year as vacauon pay.

12.02 (a) Employees with more than three (3) years. of continuous service shall receive three (3) weeks.ofvacat!on time and six percent (6%) of their gross earnmgs dunng the vacation year as vacation pay.

(b) Employees with more than eight (8) years o_f co~tinuous service shall receive three (3) weeks of v~cat10n u!Tie and eight percent (8%) of their gross earmngs dunng the vacation year as vacation pay.

(c) Employees with more than ten (10) years o_f co~tinuous service shall receive four (4) weeks of vacatiOn ume and eight percent (8%) of their gross earnings.

(d) Employees with more than twelve (12) years of

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':onti-s service shall receive four ( 4) weeks of vacation t1me w::n percent (I 0%) of their gross earnings.

(e) _Employee~ with more than eighteen (18) years of ':ontmuous servace shall receive five (5) weeks of vacation ume and twelve (12%) of their gross earnings.

(f) ~mployees _with more than twenty-four (24) years of ~onunuous serv1ce shall receive five (5) weeks of vacation tim~ and foune~n percent (14%) of their gross earnings dunng the vacataon year as vacation pay.

(g) ~mployees with more than twenty-nine (29) years of ~ontmuous service shall receive six (6) weeks of vacation t1m~ and foune~n percent (14%) of their gross earnings dunng the vacatiOn year as vacation pay.

(h) Each employee entitled to vacation as outlined in Anicle 12 above, shall receive a vacation bonus of one hundred dollars ($100.00) per week of entitlement, and paid at the time ~acati~n is taken. Any employee not taking his full vacauon enutlement will not receive his vacation bonus for the week(s) not taken. A $50 per week of vacation entitlement wiU be given to each employee taking their vacation between October I and February 28. This amount is over and above the $100 per week as stated above.

12.03 The Company shall pay vacation pay to all employees who an: absent.on Wo~ker's Compensation Payments or on weekly mdemruty provaded they have received remuneration for o~e thousand ( 1,000) worked hours or more during the vacauon year concerned. Such payments will consist of

23

weeks of entitleme' percentage of earnings, whichever is greater.

12.04 In the event production work is scheduled during a plant shutdown the most senior employees regularly performing the work required will be asked ~hether or not they wish to work the schedule before less seruor employees are assigned.

12.05 (a) The Company may, at its dis.cretion, close the plant for vacation purposes, such closmg to take place between the first of July and the end of Augu.st. The Company will notify the Union n?t later than Apnl 1st of each year if it intends or does not mt~nd to close th.e pl~t, and when it is to be closed, the duration of the closmg ~Ill be stipulated. Those employees required to work d~nng the shutdown period will have the right to select avmlable vacation dates on the basis of seniority.

(b) During the vacation shutdown period should ~he Company require any position to be wo~ke.d ~urt~g shutdown, the employee(s) with the most .seru~nty t~ ~md position will be given the option to work m smd posttton during the shutdown. Should the employees refuse such option, the Company may then schedule those required to work by reverse seniority.

12.06 Employees must make their choice between the 15th of April and the 30th of April, failing to~~ so. the c:::ompany will designate all the employees' remmmng vacatiOn. The

24

Com.shall then post the vacation calendar within foun 4) days following the 30th of April. Employees must their vacation each year. In addition employees will only be required to take entitled vacation on the basis of equivalent percentage of accrued vacation earnings.

12.07 When one (1) or more employee(s) working on the same job choose to take their vacation during the same period and could affect the continuity of operations the employee(s) with more seniority shall have preference.

12.08 Employees who wish to change their vacation request . will make application as far in advance as possible to the Personnel Department, and if this request can be accommodated it will be approved in accordance with the above on a fust come first serve basis.

ARTICLE13-WAGESCHEDULE

13.01 Appended hereto and forming part of this agreement is Appendix "A" - Wage Schedule, which outlines the classifications of work and hourly rates.

13.02 It is understood and agreed that the Union may request the Company to identify the basis upon which a new rate ~d classification is reached. If the Union does not agree Wtt!t th~ Company position, the matter may be referred to arbitration. H this is done it must be initiated within fifteen (1 5) days of the initial advice to the Union, and such a board shall be limited to detennining the new rate and classification

25

in relation to the rates and classifications in Appendix "A" only. a ARTICLE 14 ~OST OF lLIVING ALLOWANCE

I4.01 In addition to the wage rates contained herein the Company will pay a cost-of-living allowance of one cent (I) for each rise of 0.06245 of a point in the Consumer Price Index (1992 = I 00).

The base month shall be March 2000 (as issued April2000). Compare the March 2000 index with the June 2000 index (published July 2000). Payment, if any, to commence from July 20, 2000. If the 20th of the month falls on a Monday, Tuesday or Wednesday, the payment will commence on the Monday of the current week. If the 20th of the month falls on a Thursday or Friday, the payment will commence on the following Monday. The above process is repeated each quarter thereafter with payment, if any, commencing from the 20th of the month following the comparison, last payment, if any, to be April 2003.

I4.02 The C.O.L.A. accumulation at the end of each calculation period shall be folded in to the wage structure.

ARTICLE IS· HEALTH CARE COVERAGE

I5.01 The Company agrees to pay one hundred percent ( 100%) of the premium for a Group Insurance Plan which provided the following benefits to all employees with seniority in accordance with the rules and regulations of the carrier:

26

~y provisi~n which purpon to give the Company "The ri6o modify or terminate this insurance in whole or in p-even increase the portion of the benefit costs charged to the adherents" shall be eliminated.

Life Insurance with A.D. & D. July I7, 2000- $35,000 July I, 2001 • $37,000 July I, 2002- $39,000

Retirees shall have life insurance coverage of two thousand, five hundred dollars ($2,500). Effective July I, 2000 new retiree's shall have life insurance coverage of Three Thousand, Five Hundred Dollars ($3,500.00)

Dependant Life Insurance ·Effective July I7, 2000

-Spouse -$9,000 -Each child -$6,000

Eligible Dependants: To be covered under the dependant Life Insurance Plan, the dependant be either the spouse, or an unmarried child (including an adopted, foster or step child) who is under age 21. Spouse means:

The definition of spouse shall be amended to include same sex partners on the same basis that is provided for by the current defmition for common law spouses. Recognition of the relationship after one year of cohabitation.

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Unmarried c.ren who are full-time students and dependent up employee for support are insured up to age 25.

WEEKLY INDEMNITY- Effective July 1,1994, 66-21 3% of gross weekly earnings- no maximum - fJ.rSt day of accident, fourth day of illness, for a period of thirty-seven (37) weeks. Thereafter, the benefit will be suspended and Unemployment Insurance benefits will be used for the next fifteen ( 15) weeks.

WEEKLY INDEMNITY PAYMENTS ·The Company agrees to advance an employee, on Short Tenn Disability, his weekly indemnity entitlement, if not received by the employee in question within two weeks following the submission to the Company of all pertinent fonns, duly filled. The employee so affected will sign a release entitling the Company to be refunded the total amount so advanced, either by turning over to the Company the indemnity cheque(s) or, in the case of nonpayment by the carrier, such amount will become due payable to the company by the employee:

The Company agrees that benefits under this plan will not be reduced by any income replacement due to a gover'nment plan or automobile insurance.

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LONG TERM DISABILITY - Effective July I, 2000 al eaoyees who are effectively at work (not disabled) on tha <W'-'ill be provided an L.T.D. Plan as follows:

A monthly benefit of $1 ,200.00 fully integrated with th• primary disability benefit from the Canada Pension Plan payable to the earlier of death, retirement or recovery.

Benefit Waiting Period: one (I) year or thirty-seven (37 weeks if the employee is not eligible to receive U.I.C Disability Benefits after the fJ.rSt thiny-seven (37) weeks.

Definition of Disability: "Wholly and continuously disable and unable to perfonn duties of any occupation at th Company". The wording for the fJ.rSt 2 years of LTD disability will be a of above and after 2 years, the definition of disability wi: revert back to the current language.

ONTARIO HEALTH TAX- The Company wiD pay 100~ of the cost.

DENTAL PLAN • Employees are to be enrolled in Corporate Dental Plan. The Company will provide eac employee with a booklet covering details of the procedur provided.

Effective July 17, 1994 Orthodontic Coverage will be adde to the plan (children coverage only- aged up to 21 or 25 i student) - Co Insurance: 50% 29

·Life Time Maximum $2,000 per child effective July I, 2000.

DRUG PLAAne dollar ($1.00) deductible per prescription card plan, generic drugs definition to be used. When an employee is laid off, benefit premium payments shall be ·continued for the month of the Jay-off and one additional month thereafter. The above drug plan is also extended to employees (and their eligible dependants who take early retirement). Such plan will cease at age sixty­five (65) years.

EYE GLASSES & CONTACT ILENSES - the cost of such is payable up to a maximum of $200.00 one time every 24 months on a 80 - 20 co-insurance basis. This coverage is applicable to the employee and his eligible dependants.

15.02 Spouse, as it appears with respect to the above programs, shall have the following definition: Refer to definition in Article 15.01

15.03 Under the Weekly Indemnity Plan it is understood that the Company will retain the total amount of the premium reduction provided by the Unemployment

• Insurance Commission as the plan meets all requirements of registration.

' 15.04 Any provision which purport to give the Company "The right to modify or terminate this insurance in whole or in part or even increase the portion of the benefit costs

30

char&to the adherents" shall be eliminated.

AR-E Ui- DEDUCTION OF UNION DUES 16.01 The Company and the Union agree that all employees must become members of the Union upon completion of their probationary period.

16.02 The Company agrees to deduct regular weekly dues and initiation fees as specified in the Union's Constitution and Local Union By-laws from each employee covered by this Agreement, and remit the monies so deducted to the Financial Secretary of Local 2163 on or before the 15th day of the following month.

16.03 The Company will, at the time of making each remittance to the Union, specify the employees from whose pay such deductions were made.

16.04 The Union will advise the Company in writing of the amount of Union Dues, and if there are any changes in the amount of Union Dues during the term of this Agreement, the Union wiD advise the Company of such changes.

16.05 When the Company is notifi~ by an employee of a change of address a copy of such will be given to the Union.

16.06 The Union agrees to indemnify the Company and hold it harmless against any claim which may arise in complying with the provisions of this article.

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16.07 BULLETIN .Jil.ARDS- The Company will provide bulletin board sp~d will permit the Union to post notices thereon. However, the Company reserves the right to take down any notice it considers offensive or political.

ARTICLE 17 - SHIFf DIFFERENTIAJL

17.01 The following premiums shall be paid to employees who work either of the undermentioned shifts: (a) Afternoon Shift:

July 1, 2000 - 54¢/hour worked July 1, 2001- 60¢/hour worked July 1, 2002- 60¢/hour worked

(b) Night Shift:

July 1, 2000- 70¢/hour worked July 1, 2001- 80¢/hour worked July 1, 2002 - 80¢/hour worked

(c) There shall be no duplication or remanding of shift premium and overtime rates for the same hours of work.

ARTICLE 18- SAFETY AND HEALTH

· For the duration of this agreement, employees will have the right to refuse unsafe work in accordance with the provisions of the Occupational Health and Safety Act that

32

is in effect on July 2, 1997.

18.01 -e Company and the Union will co-operate in the continuing objective to eliminate accidents and health hazards. The Company shall continue to make reasonable provision for the safety and health of its employees at the plant during the hours of their employment.

(b) The Safety and Health Committee will be comprised of one member from each party to discuss any matters pertaining to safety, to inspect all areas of the plant, and to report their recommendations to management The committee members will be paid at straight hourly rate for their time spent. Meetings will be set by mutual agreement.

18.02 Each employee shall receive one hundred & twenty­five dollars ($125.00) payable July 1, 2000, July 1, 2001 and July 1, 2002, for the purchase of safety footwear.

18.03 The Company wiiJ provide coveralls or pants and shirts to each employee. The Company will have the coveralls cleaned and maintained and will replace them due to fair wear and tear up to a maximum of two (2) pairs per year.

18.04 The Company will provide one (1) pair of standard safety glasses to each employee for every twelve (12) month period. For those employees who need prescription safety glasses, the Company (in lieu of providing the stan!lard safety glasses) will pay the full cost of the safety feature to be added·

33

to lenses of such .ription glasses. Such employees not taking advantage ·s offer will be provided with a pair of safety goggles to worn over their prescription glasses.

ARTICLE 19- PAY DAY

19.01 All employees are to be paid weekly.

Payday, except as otherwise provided, is to be on Thursday of each week. Employees on the afternoon shift will be paid before leaving work on Wednesday except in a week in which a holiday is observed on Monday andlorThesday. Employees will receive statements of gross earnings to date, and total Union Dues deducted will be provided on T4 fonns.

ARTICLE 20- REST PERIODS

20.01 There shall be a ten-minute rest period assigned by the Company during the fltSt four (4) hours of an employee's regular work period.

ARTICLE 21 -GENERAL

21.01 CALL-IN ALLOWANCE- An Employee who has punched out and left the premises and who is recalled for urgent work shall be paid time and one-half (I-~) his regular hourly rate for all hours worked from his recall until the beginning of his regular shift but in any case for not less than the equivalent of four (4) hours at this regular hourly rate.

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21.021n an employee has not been notified at least two (2) ho fore the commencement of his shift that no work is avai e, then if the employee arrives at the plant ready for work he shall be given a work opportunity of at least four ( 4) hours at his regular rate before being sent home.

21.03 WAGE PAYMENTS- Wages paid shall be based on clock-card hours.

21.04 DISCIPLINE- (a) The Union agrees to co-operate with the Company regarding discipline and Company rules, and will make every effort to combat misdemeanors which may be considered cause for discharge. An employee's record with regard to disciplinary actions may be reviewed at any time by the Company and the Union at the request of either with the employee present. The employee's record may be cleared of such notations by mutual agreement of all parties.

(b) All verbal and written warnings shall be given in the presence of a steward. All suspensions and discharges shall be given in the presence of the plant committee.

(c) Copies of Company rules shall be posted on bulletin boards and given to each new employee.

(d) All disciplinary action taken by the Company shall be taken within seventy-two (72) working hours, following the knowledge by the Company of the alleged action. This time limit may be extended py mutual agreement of the parties.

(e) The Company will provide the Union with copies of all disciplinary notations. 35

21.05 LlEAVES.ABSENCE- (a) Leave of absence without pay shalWe"wanted to no more than three (3) employees at a time, who have been elected or appointed by the Union, to attend conventions or conferences. However, such leaves of absence shall not be granted to more than one employee per job at any given time. The Company must receive at least five (5) working days written notice in advance for leaves of absence longer than one ( 1) day and two (2) working days written notice in advance for leaves of absence of one (1) day or less and be advised of the period of the convention or conference.

(b) An employee who is elected or otherwise appointed to a position as a full time staff officer of the Union shall be granted a leave of absence without pay and without loss of seniority. At the end of such leave of absence he shall return to work within seven (7) regular working days following completion of his tenn in office.

During such leave the employee shall not be entitled to any benefits flowing from this agreement and for all purposes shall be considered an employee of the Union and the Company shall be saved harmless from any claims whatsoever rising during his tenn of office.

(c) Leave of absence without pay for legitimate reasons may be granted to employees who have completed their probationary period. Requests for such leaves will be made in writing. The

36

appro.r otherwise of the request will be given to the empl n writing within three (3) weeks from the request being received. When leaves of absence are granted in conformance with this situation the employee, upon expiration of such leave of absence, shall return to his classification in accordance with his seniority. During approved leaves of absence seniority shall continue to accumulate.

21.06 BEREAVEMENT PAY- in the case of a death in the immediate family (defined as spouse, children, brother, sister, father, mother, or in-laws, grandparents or grandchildren of an employee) an employee will be allowed up to three (3) consecutive days off work without loss of pay to make arrangements for or to attend the funeral.

21.07 JURY DUTY- In the event an employee is called for jury duty, or is subpoenaed as a crown witness, he will be compensated for the time thus spent on the following basis:

(a) The Company will pay the employee the difference between his nonnal hourly rate earnings and any payment he receives for the jury duty.

(b) It is understood that if any employee is dismissed from such duty on any day he must make every effort to return to the plant for the balance of his day or forfeit the right to make-up pay.

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21.08 PAID E.ATIONAL LEAVE-S¢ per hour worked per empl (see Letter of Understanding no. 7).

21.09 CONSULTATION MEETINGS-The parties will conduct consultation meetings regularly during the tenns of the Agreement to discuss issues relating to the workplace which affect the parties or any employee bound by the Collective Agreement.

ARTICLE 22- DURATION

22.01 This A_greement enters in force at the date of its signature heremafter indicated and remains in force until June 30, 2003. It shall continue in force from year to year thereafter unless either party gives notice in writing of amendment or tennination to the other party no sooner than

, ninety (90) days and not less than thiriy (30) days prior to ' the expuation date.

22.02 Negotiations shall begin within fifteen (IS) days following notification for amendment as provided in the preceding paragraph.

22.03 If pursuant to such negotiations an agreement is not reached on the renewal or amendment of this Agreement, or the making of a new A~ment, prior to tlie current expiry date, tliis Agreement shall continue in full force and effect until a new Agreement is signed between the parties or until conciliation proceedings prescribed by law have been completed, whichever date should fU'St occur.

Signed i.O London, Ontario this 20th day of June, 2000

FOR THE COMPANY FOR THE UNION L.Pve D. Sitlington R. Joyal M. Bouaeault Joe Waite

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--<( --

APPENDIX "B" tfNSION PJLAN

Effective July 1st. 2000 the Company shal1 enforce a pension plan on the following basis:

(1) As of June 30,2000: $38.00 per month for all years of credited service

As of July 1, 2001: $40.00 per month for all years of credited service

As of July 1, 2002: $43.00 per month for all years of credited service.

Past service limit date, ie. November 1st. 1971 remains unchanged.

(2).EARLY RETIREMENT- Unreduced accumulated pension paid from age 60 if the employee has at least 10 years of service as at that time.

(3) BRIDGE BENEFIT- Effective June 30,2000,$22.00 per month per year of service payable from the early retirement date to age 65 or death, if earlier. Schedule of increased bridge benefit follows:

on or after June 30, 2000 $22.00 on or after June 30, 2001 $22.00 on or after June 30, 2002 $22.00

40

Bridge Benefit payable when employee selects early retireroAfter becoming eligible (60) years of age & 10 or more y-of service.

Benefit payable monthly from the early retirement date to age 65 or death, if earlier.

(4) CREDITED SERVJICE- Up to one year of pension credit will be provided white an employee is receiving Workers' Compensation Benefits (effective July l, 1997)

(5) All Ontario Pension Benefits Act minimum required provisions will be officially incorporated as of July 1, 2000. However, such provisions, if need be, will apply from the effective date as prescribed under the regulations governing the act.

Clause 3.3, of the pension text dealing with vesting, shall be amended to provide that any member who has been a member for a continuous period of at least 24 months shall be entitled to a deferred pension.

Basic Benefit rate for those currently on retirement shall be as per the Sivaco Quebec Formula in their current collective agreement.

41

LETTER,& UNDERSTANDING No. 1

BETWEEN: • SIVACO ONTARIO, INGERSOLL, ONTARIO Division of Ivaco Inc. Hereinafter called the "Company" -and-CANADIAN AUTOMOBILE WORKERS LOCAL2163 Hereinafter called the "Union" (FOR Q.A. TECHNICIANS AT SIVACO ONTARIO)

RE:OVERTIME Overtime shall be distributed in accordance with Article 10.04 on the following basis: 1. Q.A. overtime will be offered to Q.A. Technicians

specifically. 2. Overtime records shall be posted and kept current.

(a) Such records will indicate hours worked and hours declined on the employee's posted jobs.

3. Overtime (a) Employees will be charged for any overtime that they would have been entitled to as if they had been working for the period of time they are off due to vacation, S&A, LTD, compensation, leave of absence or during a trial period for a new job. (b) Employees entering a new classification shall assume the highest amount of overtime hours in that classification.

Signed this 28th day of June 2000. For the Company Lawrence Pye Dave Sitlington Bill Stevens 42

For the Union Ron Joyal Joe Waite

ilr'ER OF UNDERSTANDING No.2

BETWZ: SIVA CO ONTARIO, INGERSOLL, ONTARIO Division of Ivaco Inc. Hereinafter called the "Company" -and-CANADIAN AUTOMOBILE WORKERS LOCAL2163 Hereinafter called the "Union" (FOR Q.A. TECHNICIANS AT SIVA CO ONTARIO)

RE: MINISTRY OF LABOUR INVESTIGATIONS

The parties agree that where the Ministry of Labour is called in to investigate an accident and/or work refusal, 1he safety chairperson may be present.

Signed this 28th day of June 2000.

For the Company Lawrence Pye Dave Sitlington ll ill Stevens

43

For the Union Ron Joyal Joe Waite

LETTER~ UNDERSTANDING No.3

BETWEEN: SIVA CO ONTARIO, INGERSOLL, ONTARIO Division of Ivaco Inc. Hereinafter called the "Company" -and-CANADIAN AUTOMOBILE WORKERS LOCALl163 Hereinafter called the "Union" (FOR Q.A. TECHNICIANS AT SIVACO ONTARIO)

RE:CANADASAVINGSBONDS

The Company agrees to make Canada Savings Bonds available to its employees through payroll deductions. However, it must be understood that each individual employee in the plan is responsible for all penalties and charges that may be levied by the bank.

Also, two (2) weeks notice for cancellation is required by the Company.

Signed this 28th day of June 2000. For the Company Lawrence Pye Dave Sitlington Bill Stevens 44

For the Union Ron Joyal Joe Waite

LETTER OF UNDERSTANDING No.4

l8E~: SIVACO ONTARIO, INGERSOLL, ONTARIO Division of Ivaco Inc. Hereinafter called the "Company" -and-CANADIAN AUTOMOBilLE WORKERS LOCALll63 Hereinafter called the "Union" (FOR Q.A. TECHNICIANS AT SIVACO ONTARIO)

RE: TRAINING

The Company acknowledges the importance of having trained employees for the safe and efficient operation of the plant.

Signed this 28th day of June 2000.

For the Company Lawrence Pye Dave Sitlington Hill Stevens

45

For the Union Ron Joyal Joe Waite

LE~OF UNDERSTANDING No.5

BETWEEN: SIVACO ONTARIO, INGERSOLL, ONTARIO Division of Ivaco Inc. Hereinafter called the "Company" -and-CANADIAN AUTOMOBILE WORKERS LOCAL2163 Hereinafter ca!Jed the "Union" (FOR Q.A. TECHNICIANS AT SIVACO ONTARIO)

RE: NATIONAL DAY OF MOURNING

The Company agrees to allow the· employees to observe one (1) minute of silence on April 28th at 11:00 a.m. in recognition of the National Day of Mourning for those workers who have died as the result of a workplace accident.

Signed this 28th day of June 2000.

For the Company LawrencePye Dave Sitlington Bill Stevens

46

For the Union Ron Joyal Joe Waite

JETTER OF UNDERSTANDING No.6

BE~EN: SIVACO ONTARIO, INGERSOLL, ONTARIO Division of Ivaco Inc. Hereinafter called the "Company" -and-CANADIAN AUTOMOBILE WORKERS JLOCAL 2163 . Hereinafter called the "Union" (FOR Q.A. TECHNICIANS AT SJVACO ONTARIO)

RE: HEALTH AND SAFETY TRAINING

The Company agrees to provide CAW Health and Safety Training for all employees on a continuing basis. It further agrees to pay the cost of developing up to three (3) CAW Health and Safety instructors/trainers per contract year.

Also, the Company will be installing a computer compatible hookup to the Canadian Centre for Occupational Health and Safety Centre in Hamilton.

Signed this 28th day of June 2000.

For the Company Lawrence Pye Dave Sitlington

' Bill Stevens 47

For the Union Ron Joyal Joe Waite

LE.F UNDERSTANDING No.7

BETWEEN: . SIVACO ARlO, INGERSOLL, ONTARIO Division of Ivaco Inc. Hereinafter called the "Company" -and-CANADIAN AUTOMOBILE WORKERS LOCAL2163 Hereinafter called the "Union" (FOR Q.A. TECHNICIANS AT SIVACO ONTARIO)

RJE.: PAID EDUCATION LEAVE The Company agrees to pay into a special fund five cents (5¢) per hour per employee for all compensated hours for the purpose of providing paid education leave. Said paid education leave will be for the· purpose of upgrading the employee's skills in all aspects of Trade Union functions. Such monies to be paid on a quarterly basis into a Trust Fund established by the National Unions, CAW, and sent by the Company to the following address: CAW Paid Education Leave Program, Box 897, Pon Elgin, Ontario NOH 2CO.

The Company further agrees that members of the bargaining unit, selected by the Union to attend such courses, will be granted a leave of absence for twenty (20) days of class time, plus intenninent over a twelve (12) month period from the first day of leave. Employees on said leave of absence will continue to accrue seniority and benefits during such leave.

The Company further agrees to supply the Union ·with the following information when each contribution is sent to the paid education leave program: the Local Union number, the Bargaining Unit(s) covered, the number of employees, the number of hours used in the payment calculation and the period of time covered.

Signed this 28th day of June 2000. For the Company Lawrence Pye · Dave Sitlington Bill Stevens

48

For the Union Ron Joyal JoeWwte

LETTER OF UNDERSTANDING No.8

BE4N: SIVACO ONTARIO, INGERSOLL, ONTARIO Division of Ivaco Inc. Hereinafter called the "Company" -and-CAN AD RAN AUTOMOBILE WORKERS LOCAL2163 Hereinafter called the "Union" (FOR Q.A. TECHNICIANS AT SIVACO ONTARIO)

RE: SUPPLY OJF TOOLS

The Company agrees to supply tools required to employees, save and except Tool and Die Maker, Electrician and Motor Mechanic.

In the case of Tool and Die Maker, Electrician and Motor Mechanic, the Company will repair and/or replace broken and/or damaged tools.

It is also understood that all employees are responsible for their tools.

Signed this 28th day of June 2000.

For the Company LawrencePye Dave Sitlington Bill Stevens

49

For the Union Ron Joyal Joe Waite

LETTE. UNDERSTANDING No.9

BETWEEN: SIVACO ONTARIO, INGERSOILL, ONTARIO Division of lvaco Inc. Hereinafter called the "Company" -and-CANADllAN AUTOMOBILE WORKERS LOCAL2163 Hereinafter called the "Union" (FOR Q.A. TECHNICIANS AT SIVACO ONTARIO)

RE: PAYROILL CHEQUE INFORMATION

The Company agrees to provide all YTD information regarding the payroll status, weekly on the pay stub of each employee.

Signed this 28th day of June 2000.

For the Company Lawrence Pye Dave Sitlington Bill Stevens

50

For the Union Ron Joyal Joe Waite

~TIER OF UNDERSTANDING No. 10

BET~: SIVACO ONTARIO, INGERSOLL, ONTARIO Division of lvaco Inc. Hereinafter called the "Company" -and-CANADIAN AUTOMOBILE WORKERS LOCAL2163 Hereinafter called the "Union" (FOR Q.A. TECHNICIANS AT SIVACO ONTARIO)

RE: CONTINUANCE OF lPAY DURING LEAVES OlF ABSENCE FOR UNION BUSINESS

The Company agrees to pay their regular earnings to employees who have been granted leaves of absence for Union business for a maximum period of two (2) weeks at any given time. The Company will submit a billing to Local 2163 for reimbursement.

Signed this 28th day of June 2000.

For the Company Lawrence Pye

51

For the Union Joe Waite

LEITER. UNDERSTANDING No. 11

BETWEEN: SIVACO ONTARIQ,INGERSOLL, ONTARRO Division oflvaco Inc. Hereinafter called the "Company" -and-CANADIAN AUTOMOBILE WORKERS LOCAL2163 Hereinafter called the "Union" (]FOR Q.A. TECHNICIANS AT SIVACO ONTARIO)

RE: LEAVES OF ABSENCE- ARTICILJE 21.05 (b)

With reference to leaves of absence granted under the above clause of collective agreement. the Company agrees to grarit leave of absence to one employee only at any given time when so requested by the Union for the purpose of political leave, as an elected official or working full time for an elected official.

Signed this 28th day of June 2000.

For the Company Lawrence Pye Dave Sitlington Bill Stevens

52·

For the Union Ron Joyal Joe Waite

LETTER OF UNDERSTANDING No. 12

BETw8: SIVACO ONTARIO, INGERSOLL, ONTARlO Division of Ivaco Inc. Hereinafter called the "Company" -and-CANADIAN AUTOMOBILE WORKERS LOCAL2163 Hereinafter called the "Union"

· (FOR Q.A. TECHNICIANS AT SIVACO ONTARIO) RE: CONTINUOUS WORK WEEK.

In the event that business conditions warrant a continuous operation (twenty-four (24) hours per day, seven (7) days per week) the parties agree to meet in order to discuss the possibility of implementation of such a schedule.

Signed this 28th day of June 2000.

For the Company Lawrence Pye Dave Sitlington Bill Stevens

53

For the Union Ron Joyal Joe Waite

LETTER. UNDERSTANDING No. 13

BETWEEN: Sl!VACO ONTARIO, INGERSOLL, ONTARIO Division of Ivaco Inc. Hereinafter called the "Company" -and-CANADIAN AUTOMOBILE WORKERS LOCAL2163 Hereinafter called the "Union" (FOR Q.A. TECHNICIANS AT SIVACO ONTARIO)

RE: CORE CERTIFICATION

The company acknowledges its obligations to make provisions iri accordance with the requirements of the Ontario Health and Safety Act. The delivery of the Core Certification Training will be done by the Occupational Health & Safety Centre instructors. The Company undertakes to pay the total cost for Core Certification training of the worker members of the joint Health & Safety Committee over the life of the contract. It is understood that no more than one (1) member will be trained per contract year.

Signed this 28th day of June 2000.

For the Company Lawrence Pye Dave Sitlington Bill Stevens

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For the Union Ron Joyal Joe Waite

L~ER OF UNDERSTANDING No. 14

BETwZ: SIVACO ONTARIO, INGERSOLL, ONTARIO Division of Ivaco Inc. Hereinafter called the "Company" -and-CANADIAN AUTOMOBILE WORKERS LOCAL2163 Hereinafter called the "Union" (FOR Q.A. TECHNICIANS AT SIVACO ONTARIO)

RE: BANKING OF OVERTIME FOR TIM:E OFF THE JOB WITH PAY The employee may, at his/her discretion, receive full payment of overtime hours worked or elect to bank the equivalent paid overtime hours in lieu of payment in accordance with the following conditions:

(a) nme off in lieu of overtime hours will be accumulated ut the applicable rate: example: 8 hours worked at time nnd one half= 4,8, or 12 hours banked OR 4,8, or 12 hours paid or combinations of those choices. R hours worked at double time= 4,8,12 or 16 hours banked OR 4,8,12, or 16 hours paid or a combination of those choices.

(b) The employee cannot bank more than twenty-four (24) hours from July 1 to June 1 of each year.

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(c) Time off must.en in tenns of increments of eight (8) hours. Howev rements of four (4) hours may be used for justifiable ons. Time off must not be booked during July and August.

(d) Employees will cash in any accumulated lieu days if such time is not taken by July I of that year and the company will pay out the unused lieu days on the next following regular pay.

(e) All requests to bank overtime hours must be made at the call up of the overtime by the Supervisor, or his/her designate, prior to the start of the shift on the appropriate fonn supplied by the Company. A copy of the signed fonn (employee and supervisor) will be given to the employee.

When employees request their lieu days off they shall do so with one (1) week's notice on the appropriate fonn to be supplied by the Company and the Company will endeavour to accommodate employee's needs in this respect. The Company will supply a resonable explanation if employees are not granted the dates requested. In such cases, the Company will provide alternative dates to the employee for his/her satisfaction.

.,.

(f) When payment for banked time is made to any employee, the amount per hour for such time shall be calculated upon the basis of the date on which the banked time was earned. Signed this 28th day of June 2000.

For the Company Lawrence Pye Dave Sitlington Bill Stevens

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For the Union Ron Joyal Joe Waite

LEITER OF lUNDERSTANDING No. 15

BETW. SIVACO ONTAJRIO, INGERSOLL, ONTARIO Division of Ivaco Inc. Hereinafter called the "Company" -and-CANADIAN AUTOMOBILE WORKERS LOCAL2163 Hereinafter called the "Union" (FOJR Q.A. TECHNICIANS AT SIVACO ONTARIO)

RE: PROFESSIONAL ORGANIZATIONS AND/OR ASSOCIATIONS

Th~ company agrees to pay in full the costs of memberships to al.l professional associations which are pertinent to Q.A. Technicians and Metallurgical Engineering Technicians at Sivaco Ontario. Approval must be received prior to application.

Signed this 28th day of June 2000 .

For the Company Lawrence Pye Dave Sitlington Bill Stevens

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For the Union Ron Joyal Joe Waite

LEITE .. UNDERSTANDING No. 16

BETWEEN: SIVACO ONTARIO, INGERSOLL, ONTARIO Division of lvaco lnc. Hereinafter ca1led the "Company" -and-CANADIAN AUTOMOBILE WORKERS LOCAL2163 Hereinafter called the "Union" (FOR Q.A. TECHNICIANS AT SIVA CO ONTARIO)

RE: SHIFT AND PREMIUMS PAID

The company agrees to the Q.A. w~rk schedul7 dated March 10/98 which will be three e1ght hour shifts Monday to Friday and two eight hour shifts on Saturday and Sunday as necessary. Premium will be paid double time for Sunday and t~me and a hal! f?r Saturday. Saturday premiums wdl only be pa1d 1f the employee works their regular shift (40 hours) frol'r! Monday through Friday within that same pay penod.

Signed this 28th day of June 2000. For the Company Lawrence Pye Dave Sitlington Bill Stevens

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For the Union Ron Joyal Joe Waite

.ITER OF UNDERSTANDING No. 17

BETWEEN:

SIVACO ONTARIO, INGERSOLL, ONTARIO Division of lvaco Inc. Hereinafter called the "Company" -and-

CANADIAN AUTOMOBILE WORKERS LOCAL2163 Hereinafter called the "Union" (FOR Q.A. TECHNICIANS AT SIVACO ONTARIO)

RE: MONETARY ADVANCEMENT- Q.A. TECHNICIANS

I st CO-OP - Not less than 65% of the skilled tnldes rate 2nd CO-OP- Not less than 70% of the skilled tnldes rate Jrd CO-OP - Not less than 7 5% of the skilled trades rate

Note(l): A CO-OP term shall consist of no more than sixteen weeks(600hr).

Note(2): Probationary employees to receive an hourly rate lwenty-five cents below skilled trades rate during their probationary period.

Note(3): This agreement is to affect new hires and not rxisting employees

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SKILLE~DESLANGUAGE

(l) Seniori~ the skilled trades shall be by non· interchangeable occupations within the company.

(2) Seniority lists shall be by basic trades or classifications.

(3) The company agrees to deduct Canadian skilled trades council dues as adopted by the Canadian skilled trades council·· 112 hr per year. The frrst such dues deduction will be made from the employees frrst pay following completion of their probationary period. Thereafter, dues deductions will be made in January of each following year or upon completion of one( l) months work in the calendar year; These deductions along with the names of the employees shall be remitted to the financial secretary of the union.

Signed this 28th day of June 2000.

For the Company Lawrence Pye Dave Sitlington Bill Stevens

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For the Union Ron Joyal Ron Waite