united steelworkers - ontario · 2014 -2017 collective agreement between valspar inc. and united...

2014 -2017

COLLECTIVE AGREEMENT

BETWEEN

VALSPAR INC.

AND

UNITED STEELWORKERS

ON BEHALF OF ITS LOCAL UNION 13292-02

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2014- 2017

COLLECTIVE AGREEMENT

BETWEEN

VALSPAR INC.

AND

UNITEDSTEEL WORKERS ON BEHALF OF ITS LOCAL UNION 13292-02

INDEXArticle Page No.1 Recognition ................................................................. 32 Relationship ................................................................. 33 Management Rights .................................................... 44 No Strikes or Lockouts ................................................ 55 Deduction of Union Dues ............................................ 56 Union Committee ........................................................ 67 Grievance Procedure .................................................. 88 Arbitration .................................................................. 109 Discharge Cases ....................................................... 1110 Company Grievances ................................................ 1211 Seniority .................................................................... 1212 Safety and Health ...................................................... 2113 Bulletin Board ............................................................ 2314 Hours of Work ........................................................... 2315 Overtime .................................................................... 2516 Paid Holidays ............................................................ 3017 Classifications and Rates of Pay............................... 3218 Reporting for Work and Call-in Pay .......................... 3419 Leave of Absence ...................................................... 3420 Fringe Benefits (Health & Welfare) ............................ 3621 Humanity Fund .......................................................... 3922 Vacation with Pay ...................................................... 40

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23 Duration ..................................................................... 45 Letter of Understanding #1 Overtime ....................... 46 Letter of Understanding #2 Personal Days ............... 49 Letter of Understanding # 3 On Housekeeping ........ 50 Exhibit “A” Continuous of Operation Schedule......... 51

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ARTICLE 1 - RECOGNITION

1.01 The Company recognizes the United Steelworkers as the sole collective bargaining agent for all employees of the Company working at the Cornwall Coatings Plant, save and except foremen, persons above the rank of foreman, laboratory employees, office and sales staff, and persons regularly employed for not more than twenty-four (24) hours per week.

1.02 The Company acknowledges that its preference is to have bargaining unit employees perform bargaining unit work and the Union and its members acknowledge and agree to cover all the work required. In light of these acknowledgments, the parties agree that persons outside of the bargaining unit may perform bargaining unit work for the purposes of experimentation, instruction, emergency or when there is a temporary lack of trained personnel to meet customers’ demands, or, so long as use of non-bargaining unit employees does not cause a lay-off, nor prevent the recall of bargaining unit employees on lay-off. The Maintenance supervisor shall be exempted from this article but shall only perform maintenance work.

ARTICLE 2 - RELATIONSHIP

2.01 There will be no discrimination, intimidation, restraint or coercion, exercised or practiced by either the Company or the Union because of the employee’s membership in, or connection with, the Union.

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2.02 There will be no solicitation of the employees for Union membership or payment of Union dues by the Union, or any of its representatives or members, during the working hours of employees.

2.03 The Company and the Union agrees to observe the provisions of the Ontario Human Rights Code.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 Except where specifically abridged by the terms of this Agreement, the Management of the Company’s operation and the selection and direction of the employees will continue to be vested exclusively with the Company and will, among other things, include the right to hire, discharge, promote, demote, discipline, transfer and classify employees. The Company agrees that in case of discipline or discharge of non-probationary employees, just cause shall apply.

3.02 The Company retains the right to contract out work, provided such contracting out does not cause the layoff, or prevent the recall, of bargaining unit employees.

3.03 The Company has the right to implement and change reasonable rules and regulations to be followed by the employees. Prior to the implementation or change of such rules, the Union and all employees will be informed at least ten (10) days prior to implementation. All rules and regulations will be consistently applied.

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ARTICLE 4 - NO STRIKES OR LOCKOUTS

4.01 The Company will not lock out employees, nor will there be any strikes on the part of the Union or the employees.

4.02 The terms “strike” and “lockout” as used above, shall be defined in accordance with the definitions set out in the Ontario Labour Relations Act.

4.03 If any such action occurs, the Union agrees that it will assist the Company in having the employees return to work and perform their regular duties.

ARTICLE 5 - DEDUCTION OF UNION DUES

5.01 The Company shall deduct Union dues including, where applicable, initiation fees and assessments, on a bi-weekly basis, from the wages of each employee covered by this agreement. The amount of dues shall be calculated in accordance with the Union’s Constitution.

5.02 All dues, initiation fees and assessments shall be remitted to the Union forthwith and in any event no later than 15 days following the last day of the month in which the remittance was deducted. The remittance shall be sent to the International Secretary Treasurer of the United Steelworkers, AFL-CIO-CLC, P.O. Box 13083 Postal Station ‘A’, Toronto Ontario M5W 1V7 in such form as shall be directed by the Union to the Company along with a completed Dues Remittance Form R-115. A copy of the Dues Remittance Form R-115 will also be sent to the Union office designated by the Area Coordinator.

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5.03 The remittance and the R-115 form shall be accompanied by a statement containing the following information:

a) A list of the names of all employees from whom dues were deducted and the amount of dues deducted;

b) A list of the names of all employees from whom no deductions have been made and reasons;

c) This information shall be sent to both Union addresses identified in article 5.02 in such form as shall directed by the Union to the Company.

5.04 The Union shall indemnify and save the Company harmless against all claims or other forms of liability that may arise out of any actions taken by the Company in compliance with this article.

5.05 The Company, when preparing T-4 slips for the employees, will enter the amount of Union dues paid by the employee during the previous year.

ARTICLE 6 - UNION COMMITTEE

6.01 The Union shall have the right to appoint or otherwise select a Committee of three (3) employees. It shall be the duty of this Committee to participate in negotiations with the Company and in any matters of administration of this Agreement.

6.02 An employee shall not be eligible to act as a member of the Committee until after he has completed six (6) months of employment, unless mutually agreed to by both parties.

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6.03 Members of the Committee will not leave their jobs for the purpose of conducting any business on behalf of the Union, or in connection with this Agreement, without obtaining the permission of their immediate supervisor. The Company agrees that such permission shall only be withheld for bona fide business reasons. Where permission is not granted immediately, it shall be granted as soon as reasonably possible during the shift.

6.04 The Union has the right to appoint or otherwise select a Steward, or alternate, for each shift.

6.05 The Company agrees that stewards shall not suffer a loss of pay for time spent handling grievances.

6.06 Employees who have been elected or appointed by the Union to attend Union conventions or conferences shall be granted a leave of absence without pay provided the Company’s production requirements permit the absence. Such leaves shall not exceed a total of twenty (20) days per year for the bargaining unit. The Union will notify the Company, in writing, not less than ten (10) working days prior to the start of the leave, names of the delegates and their expected date of return. In the years that the parties negotiate a collective agreement there will be an additional ten (10) days of leave. The employer shall give the union a response in writing within five (5) working days after receiving such request.

The Company shall pay employees taking leave under this clause their regular earnings, and shall bill the Local Union on a monthly basis for the amount of wages paid.

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6.07 The Company agrees to pay the cost of providing the collective bargaining agreement to all employees.

ARTICLE 7 - GRIEVANCE PROCEDURE

7.01 Definition of a Grievance

A grievance shall be defined as a dispute arising out of the interpretation, application, alleged violation of the Collective Agreement or applicable legislation.

It is the mutual desire of the Parties hereto that any complaint or cause for dissatisfaction arising between an employee or the Union and the Company with respect to the application, interpretation, or alleged violation of this Agreement or applicable legislation shall be adjusted as quickly as possible.

7.02 It is generally understood that an employee has no complaint or grievance until he/she, either directly or through the Union, has first given his/her immediate supervisor an opportunity to address the complaint.

7.03 If, after registering the complaint with the supervisor and such complaint is not settled within one (1) regular working day or within any longer period which may have been agreed to by the parties, then the following steps of the Grievance Procedure may be invoked:

Step One The grievance shall be submitted in writing and

signed to the Plant Manager or their designate

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either directly or through the Union. The Plant Manager or their designate shall meet with the employee’s Union Steward within five (5) working days of the receipt of the grievance in an attempt to resolve the grievance. The Plant Manager shall provide a written answer within five (5)days following the meetings.

Step Two If the decision of the Plant Manager is not

satisfactory, the grievance may be re-submitted to the Plant Manager or his designate who shall, within ten (10) working days hold a meeting between the employee’s steward and/or international staff representative and the appropriate representative of Management, in a further attempt to resolve the grievance. The grievor may be present at this meeting if requested by either Party. The International representative may be in attendance at this meeting if requested by either party. The Plant Manager shall within a further five (5) working days give their decision in writing to the Union.

7.04 If the Company’s reply is not satisfactory, the grievance may, within fifteen (15) working days of the Company’s reply be referred to Arbitration.

7.05 The Company may refuse to consider any grievance where the alleged circumstances giving rise to the grievance were known or ought to have reasonably been known more than seven (7) working days before it was brought to the attention of the Company.

7.06 Where a dispute involving a question of general application or interpretation occurs, or where a

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group of employees or the Union has a grievance, it shall be proceeded as in Article 7.03.

7.07 As used in this Article only, the term “working days” shall mean Monday to Friday inclusive, excluding Statutory holidays and vacation shut down period.

7.08 The parties may mutually agree in writing to extend the time limits of the grievance and arbitration procedure.

ARTICLE 8 - ARBITRATION

8.01 Failing settlement under the grievance procedure of any difference, the matter in dispute may be taken to arbitration.

8.02 When either party demands arbitration as hereinafter provided, it shall make such demands in writing upon the other party. The sole arbitrator shall be selected from the following panel:

Richard Brown Larry Steinberg Brian Keller Martin Teplitsky Gerald Charney William Kaplan Dana Randall Robert Herman

If the arbitrator is unable to convene a hearing within six (6) weeks, the party advancing the grievance may move to the next arbitrator on the rotation list.

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8.03 Following the first selection, the parties shall select the first arbitrator on the list above who is available from thereon. Once an arbitrator has been used for arbitration for the parties hereto he or she shall be placed on the bottom of the list and the next arbitrator selected shall be the first arbitrator on the list who is available.

8.04 No person shall be appointed as arbitrator who has been involved previously in an attempt to negotiate or settle a grievance.

8.05 The Company and the Union will each bear one-half (1/2) of the expenses of the arbitrator.

8.06 An arbitrator shall not have the jurisdiction to amend or add to the provisions of this Agreement, or to substitute any new provision in lieu thereof, or give any decision inconsistent with the terms and provisions of the Agreement.

8.07 An arbitration award shall be binding upon the parties to this Agreement and any employees involved.

8.08 Within thirty (30) days following the hearing at arbitration, the arbitrator shall give his or her decision.

ARTICLE 9 - DISCHARGE CASES

9.01 If an employee who has completed the probationary period is discharged, and he believes such discharge is unjust; he shall have the right to submit a grievance through the Union, within seven (7) working days after the discharge occurs. At any time a formal disciplinary measure is given,

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the employee may have a Shop Steward present. The Company will inform the employee of this right prior to the meeting. The Company shall provide a copy of all disciplinary notations including counseling to the local union chairperson, within the (10) days of the discipline being issued.

9.02 Disciplinary records shall be removed from an employee’s personnel file twelve (12) months after they are dated provided no other incidents occur within this period. Such records shall be sealed but retained in the file. The Company agrees not to use the information in the sealed file for determining future discipline against the employee.

9.03 Disciplinary actions are to be given out within (5) working days of the notice to the employee of the discipline

ARTICLE 10 - COMPANY GRIEVANCES

10.01 Nothing contained herein shall preclude the Company from submitting a grievance with respect to the conduct of the Union or any of its officers or with respect to any allegation that the terms of this Agreement have been violated.

ARTICLE 11 - SENIORITY

11.01 New employees hired by the Company will be considered to be on probation until they have completed seven hundred and twenty (720) hours worked within a twelve (12) month period. On completion of the probationary period, an employee’s seniority will date back the seven hundred and twenty (720) hours he has worked for the Company, including hours worked and paid

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by outside placement agency. An employee may be laid-off or discharged during his probationary period at the Company’s sole discretion and without cause or notice. Only hours actually worked by the employee shall be counted in calculating his probationary period.

11.02 (a) In all cases of layoff due to lack of work,

redundancy, recall to work following layoff and promotion to higher paying classifications, seniority will be the governing factor provided the employee can fulfill the normal requirements of the job within fifteen (15) working days of being placed into the job. Such fifteen (15) working day period may be extended by mutual agreement. During this period, necessary on the job training will be given.

(b) In cases where there’s a layoff, and whenever work becomes available for a duration of a minimum of four (4) hours (i.e. maintenance work), the employer will use the temporary transfer clause (11.07) to have such work done by bargaining unit employees. If the employer can’t have the work done by using the temporary transfer clause, it shall have the work done by incurring overtime, subject to the available employee being able to perform the necessary duties of the required job. If the available work is expected to last beyond ten (10) working days, employees laid off who can perform the necessary duties of the required job will be recalled.

(c) Employees being recalled for a specified duration of twenty (20) working days or less,

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will not lose their recall rights if they refuse such recall.

11.03(a) An employee who has completed the

probationary period and has less than one (1) years’ continuous service will, if laid-off, retain seniority and the right to recall for a period of three (3) months;

(b) An employee who has completed one (1) years’ continuous service and has less than two (2) years’ continuous service will, if laid-off, retain seniority and the right to recall for a period of six (6) months;

(c) An employee who has completed two (2) years’ continuous service will, if laid-off, retain seniority and the right to recall for a period of twelve (12) months;

(d) An employee who has completed five (5) years’ continuous service and has less than ten (10) years’ continuous service will, if laid-off, retain seniority and the right to recall for a period of thirty (30) months; and

(e) An employee who has completed ten (10) years’ continuous service or more will, if laid-off, retain seniority and the right to recall for a period of thirty-six (36) months.

(f) All vacation pay and wages owing shall be paid out within 7 days of the employees last day of work.

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(g) Employees recalled from layoff for a period of more than twenty (20) working days and subsequently laid off again, will be entitled to a notice of layoff and their period of recall rights will start over again. This means every time an employee is laid off after being recalled for at least twenty (20) working days, the period of his recall rights start over and such entitlement will be according to his total length of continuous service with the Company as stipulated here above.

11.04 Employees will be considered having lost their seniority and severed from employment under the following:

(a) Quits his employment (in writing), retires or is discharged for just cause and not reinstated through the grievance or arbitration procedure;

(b) Is absent from work for three (3) consecutive working days without a legitimate excuse;

(c) An employee utilizes a leave of absence for a purpose other than that for which it was granted; or

(d) An employee fails to return to work within three (3) working days of being notified by registered mail of his or her recall.

(e) Employees who have completed their probationary period and have not performed work for the Company for a period of twenty-four (24) consecutive months. This provision does not apply to employees that are on layoff, those individual are covered under Article 11.03; nor does this provision apply to

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individuals that are collecting Worker Safety Insurance Board benefits. The above time frame for loss of seniority in this paragraph is subject to the Ontario Human Rights Code.

11.05 The Union committee will be advised of layoffs due to lack of work before such layoffs occur. Where possible, the Company will give five (5) working days’ notice prior to any layoff for employees with established seniority. Where it is not possible, the Company will establish that it was not possible due to reasons outside its control.

11.06 An employee transferred to a job outside of the bargaining unit shall pay regular monthly Union dues and shall continue to accumulate seniority for a period of three (3) months. Such employee shall have the right to return to their former classification for a period of three (3) months from the day he leaves the unit. Subsequent to the three (3) month period, such employee shall lose all seniority but will receive the full rate for the classification to which they are assigned unless the employee has less than one (1) years’ employment, in which case the employee will be paid according to 18.02. The Company agrees that an employee may use this provision only once during the life of this agreement.

11.07 Temporary Transfers All temporary transfers on shift will be done

by seniority on a voluntary basis from the classification in which the Company determines. If all employees in the classification refuse, then the least senior employee that can perform the necessary duties of the required job classification must accept the transfer. All temporary transfers from one shift to another will be done by seniority

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on a voluntary basis from the classification in which the Company determines. If all employees in the classification refuse, then the least senior employee that can perform the necessary duties of the required job classification must accept the transfer.

Employees who are temporarily transferred for the scheduled workweek will carry their seniority to the transferred classification.

11.08 Job Posting

(a) Within ten (10) working days where vacancies occur in existing job classifications, and within thirty (30) calendar days where a new job is created, the Company shall post such new jobs or vacancies for a period of five (5) working days and shall stipulate the qualifications, classification, rate in accordance with the collective agreement and department concerned before new employees are hired. A copy of each job posting shall be given to Union. The classification of “utility man (helper)” shall be considered entry level positions and posting will not be required pursuant to this Article.

(b) Until the vacancy is filled, resulting from the job

posting provisions, the Company may fill the vacancy on a temporary basis with bargaining unit employees in accordance with article 11.07 (temporary transfers).

(c) If no signatures are received during the posting period, the Company may transfer the most junior qualified employee to fill the vacancy or

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start proceeding to hire employees to fill the vacancy, from outside the bargaining unit.

(d) All signatures received, either directly or through the Union, will be considered, and vacancies filled, within five (5) working days of the end of the posting period. Qualified senior applicants shall fill the vacancy. The successful applicant shall not be permitted to bid on any other vacancy for a period of six (6) months. This can be waived by mutual agreement between the Union and the Company. It is understood that employees are required to physically sign the job posting within the posting period and applications that are late will not be accepted. In the event that an employee is absent from work, a shop steward or union president may sign the job posting on behalf of the absent employee. However, when the employee returns to work and declines the position they will not be penalized.

(e) The Company shall not be required to post the second and third vacancy which results from the previous posting being filled until thirty (30) calendar days have elapsed. In the interim, during this thirty (30) calendar day period, the Company has the right to fill the second and third vacancies with a member of the bargaining unit on a temporary basis in accordance with article 11.07 (temporary transfers). Within five (5) working days after the thirty (30) calendar days has elapsed, the Company shall post the second and third vacancy for a period of five (5) working days and shall stipulate the qualifications, classification, rate in accordance with the collective agreement and department

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concerned before new employees are hired. A copy of each job posting shall be given to the Union.

(f) The Company reserves the right to remove the successful applicant from the new position, if within thirty (30) working days, the employee is found to be unsuitable for the position. In this event, the employee and any others affected shall be returned to their original classifications and the next qualified senior applicant shall fill the vacancy. If there were no other applications received during the original posting period, the position will be re-posted for a period of five (5) working days as described per article 11.08(a).

Employees leaving on vacation or an approved leave of absence (excluding sick leave more than four (4) weeks duration), shall have the opportunity of submitting their names for five (5) posted positions should they become available while the employee is on vacation or approved leave.

(g) If, within thirty (30) working days, an employee is returned to his former classification at his option, he shall not be permitted to apply for any other vacancy until twelve (12) months has elapsed from the date upon which he returned to that classification. This can be waived by mutual agreement between the Union and the Company. In this event, the employee and any others affected shall be returned to their original classifications and the next qualified senior applicant shall fill the vacancy. If there were no other applications received during the original posting period, the position will be

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reposted for a period of five (5) working days as described per article 11.08(a).

(h) The Company agrees to negotiate with the Union, the rate of pay for any new classification prior to the rate being installed. However, if the parties fail to agree on the new rate, they shall install the new rate proposed by the Company and the Union shall have the right to grieve whether or not the rate is proper based on its relationship to related or similar jobs.

11.09 Temporary Vacancies

Where a vacancy occurs due to approved leaves or excused absences, or any medical absences that are known will last beyond ninety (90) calendar days, such primary vacancy and the subsequent job vacancies as a result of the excused employee’s absences will be posted in accordance with Article 11.08(a). In the event the excused employee returns the successful replacement employee and any other affected employees shall be returned to their original classification. In the event the excused employee does not return employees will keep their posted positions. The postings will reference this section of the collective agreement.

Temporary postings for the purpose of layoff will be treated the same as permanent postings.

11.10 A Seniority list will be posted on the Union Bulletin Board on 01 May and 01 November of each year. Any corrections to the list should be made within fifteen (15) days of posting.

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ARTICLE 12 - SAFETY AND HEALTH

12.01 The Company will make reasonable provision for the safety and health of its employees during hours of work. First-Aid Kits will be provided by the Company in convenient locations in the plant.

12.02(a) The Company will supply hard hats, gloves,

uniforms, and safety glasses.

(b) The Company will provide up to two (2) pairs of safety boots/shoes per contract year from a pre-selected list maintained by the Company. To receive the second pair the employee must return their first pair to the Company and be approved by the employee’s supervisor. Employees in the job classifications of shipper/receiver, Filler – Large Batch and Maintenance Mechanic may be reimbursed up to one hundred and fifty dollars ($150) during the term of the collective agreement to purchase winter boots. To qualify the boots must be winterized, SD Valspar approved and be accompanied with a valid receipt. All of the above referenced safety footwear is to be used at work only.

(c) The cost of laundering coveralls will be paid by the Company. The Company agrees to make arrangements with the uniform supplier that will result in batchmaker/blenders being supplied with a total of eleven (11) uniforms.

(d) The Company agrees to pay the cost for safety prescription glasses when first required by an employee to perform his work assignment, and will pay for the replacement cost of the glasses

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provided they are damaged while performing his work assignment.

(e) It is agreed that an employee shall have the right of replacement prescription safety glasses at least every twenty-four months and upon providing a lens prescription showing the change in prescription. The Company will pay for eye exams every twenty-four (24) months only where it concerns safety glasses.

12.03 The Joint Health and Safety Committee shall consist of 4 regular members, 2 appointed by the Union and 2 appointed by Management. The purpose of this committee shall be to make constructive recommendations to the Company for the improvement of Health and Safety conditions in the plant. The Joint Health and Safety Committee (JHSC) shall meet on a regularly scheduled monthly basis for the purposes of conducting a plant inspection and discussing Health and Safety. It is the intent of both parties to cooperate in promoting plant Health and Safety and complying with applicable Government Legislation and Regulations. Provided the Committee’s protocol are followed, immediate action will be taken on the Committee’s agreed recommendations unless otherwise agreed to.

12.04 In the event that an employee is injured in the performance of his/her duties, he/she shall, to the extent that he/she is required to stop work and receive treatment, be paid for wages for the remainder of his/her shift. If it is necessary, the Company will provide, or arrange for, suitable transportation for the employee to the doctor or

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hospital and back to the plant and/or to his/her home, as necessary.

12.05 The Company will provide proper safety training to all employees who are required to perform work in the plant.

ARTICLE 13 - BULLETIN BOARD

13.01 The Company agrees to supply a bulletin board for the exclusive use of the Union. It will be placed where the employees in the bargaining unit can easily see it. The Union agrees to put up no material that is libelous or demeaning to the Company, the Company’s customers or business associates.

ARTICLE 14 - HOURS OF WORK

14.01 With the exception of the COS as described herein Appendix “A”, the regular work week will consist of forty (40) hours, Monday to Friday.

The daily hours of work shall normally be:

#1 6:50 a.m. to 3:00 p.m.

#2 2:50 p.m. to 11:00 p.m.

#3 *** 10:50 p.m. to 7:00 a.m.

Shipping department employees shall rotate on a daily basis in the following manner:

6:50-3 for 4 employees and 8:50-5 for 1 employee.

This in no way modifies amends and/or alters the Company’s right to determine the number of

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shipping and receiving employees in the department.

*** The parties agree that employees shall be paid the regular rate of pay for the

hours worked between 11:00 p.m. and 12:00 a.m. on Sundays.

These start time have been changed in order to overlap the shifts to ensure a hand-off (communications between operators and/or management) on the production floor. The employees will receive eight (8) hours pay, and a half-hour lunch break for each shift.

The Company intends to continue to schedule the

Friday afternoon shift from 1:50 PM to 10:00PM; however, it reserves the right to revert to the normal start time (i.e. 2:50PM to 11:00PM) for valid business reasons.

The Company may change the shift start times of shipping and receiving people if necessary to meet the needs of the operation.

The starting and quitting times, shifts to be worked, and the duration of the

lunch periods will be determined by the Company with its requirements.

Except in unforeseen circumstances, customer demands and/or emergencies,

employees will be given twenty-four (24) hours notice prior to a shift change.

The Company retains the right to modify its scheduled hours of work to include both ten (10)

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and twelve (12) hour shifts pursuant to the needs of its operation. Prior to making a change to ten (10) or twelve (12) hour shifts, the Company agrees to meet with the Unit Chairperson and one other Union steward in advance of any change being implemented to discuss the need for the change, the various scheduling pattern options available, and attempt to resolve issues regarding its implementation.

14.02 The hours and days of work referred to in 14.01 above shall not be construed as a guarantee of work, or pay.

14.03 Employees will be allowed a paid rest period of fifteen (15) minutes duration in each half shift worked and five (5) minutes wash-up period before the mid-shift lunch break and before the regular quitting time.

14.04 Whenever possible doctors’ appointments should be scheduled outside of the employee’s work hours. However, in situation where scheduling doctor’s appointments outside of work hours is not possible, employees that miss time are to make that time up in the same week of the doctor’s appointment provided production requirements in the department requires the work.

ARTICLE 15 - OVERTIME

15.01 Where the Company requires work in excess of the daily or weekly hours, employees will cooperate with the Company by performing such excess work. It shall provide as much advance notice to employees as possible. It is not the intent of the Company to rely on overtime to meet its normal production requirements. However, the Union

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recognizes that the Company may require overtime from time to time to meet peak or unexpected production requirements, in cases of unexpected absenteeism and in cases of accident.

The parties have agreed that pursuant to the new “Employment Standards Act” the Company currently has the right to require employees to work up to forty-eight (48) hours in a workweek. The parties agree that employees may voluntarily work up to twelve (12) hours in a day not to exceed sixty (60) hours in a workweek. For the purposes of this section workweek includes Saturday and Sunday. The Company agrees it will always request volunteers to perform overtime prior to requiring employees to work. The Company further agrees that no employee will be required to work more than two (2) weekends in a calendar month.

In the event an insufficient number of employees volunteer to work the overtime, the Company shall have the right to require sufficient employees who have the ability to perform the work to work overtime, commencing with the most junior employee.

15.02 Overtime at a rate of time and one-half (1 1/2) will be paid for time worked in excess of forty (40) hours in any week provided the employee has worked all of his scheduled hours during the week; or where an employee has missed scheduled hours due to bereavement, vacation, union leave, jury duty, company initiated training, STD, personal day or statutory holiday.

15.03 Overtime at a rate of double time (2X’s) will be paid for time worked in excess of forty (40) hours in

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any week on Sundays provided the employee has worked all of his scheduled hours during the week; or where an employee has missed scheduled hours due to bereavement, vacation, union leave, jury duty, company initiated training, STD, personal day or statutory holiday.

15.04 Overtime payment shall not pyramid.

15.05(a) Overtime will be distributed in a fair manner,

first in order of least amount of overtime accumulated in the calendar quarter starting January 1st, April 1st, July 1st, and October 1st, and then if equal by seniority, offered according to the following steps:

Step 1: To those within the classification who are available

when the overtime is scheduled.

Step 2: To those in the group who are available and can

perform the necessary duties of the classification when the overtime is scheduled.

Step 3: To any employees in the plant who are available

and can perform the necessary duties of the classification when the overtime is scheduled.

(b) If the Company chooses to schedule overtime forty-eight (48) hours or greater in advance; then the following procedure will be used:

Step 1: The employer will post an “Overtime Request Sign

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Up” sheet as much in advance as possible as stipulated in article 15.01.

Step 2: 48 hours (two business days) prior to the overtime

the supervisors will distribute the overtime as per 15.05 (a).

Step 3: The supervisor will verbally notify the employee

who has been awarded the overtime.

Step 4: Employees wishing to add or remove their name

from the sign-up sheet may only do so before being notified pursuant to Step 3 above.

(c) When distributing overtime the Company will treat each opportunity on a daily basis for each classification. This means, if the Company requires overtime on the same classification for three (3) straight days, such days will be treated separately.

(d) An employee who is offered overtime and doesn’t accept the offer shall be considered as having worked it for the purposes of recording the distribution of overtime. A refusal of overtime is when an employee verbally declines the overtime, or if called does not respond. Employees will have one hours to call back before being charged with a refusal of overtime; but will not be entitled to the overtime. A list of overtime worked/refusal will be available upon request.

(e) Whenever an employee is required to work

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overtime, the Company may utilize such an employee on any job in the plant as may be necessary to keep him industriously occupied, for the scheduled period. The company will only change the work awarded for legitimate business reasons. If the work is outside the classification in which the overtime was awarded the employee will have the option to refuse. If refused he will not be paid and the period will not count as overtime refused or hours missed.

(f) The Company can cancel the scheduled overtime for any reason with 24 hours notice. If unable to provide the 24 hour notice the employee will have the option to work the number of hours scheduled in any job the Company deems necessary.

(g) Assigned overtime is considered scheduled hours and will be subject to the Attendance Policy in the same way as regularly scheduled shifts.

15.06 Employees on a regularly scheduled afternoon shift shall receive a shift premium of fifty $0.50) cents an hour. Employees on a regularly scheduled overnight shift shall receive a shift premium of seventy ($0.70) cents an hour.

15.07 Errors or omissions in the pay of an employee amounting to less than one hundred and fifty ($150.00) shall be corrected on the next pay day. Errors in pay cheques will be corrected in the following pay period. If the pay check error is not corrected in the following pay period the Company will have a cheque cut specifically for the employee within two (2) days of this latest pay

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day (typically by that Friday). Any errors or omissions caused by the Company or its payroll agent in the pay of an employee amounting to more than one hundred and fifty ($150.00) shall be paid by manual cheque at no cost to the employee within the next three working days of the Company being made aware of the error or omission by the employee in a timely manner.

ARTICLE 16 - PAID HOLIDAYS

16.01 The following days will be recognized by the Company as paid holidays:

New Year’s Day Labour Day Good Friday Thanksgiving Day Victoria Day Christmas Day Canada Day Boxing Day Civic Holiday

Two (2) Floating Holidays to be taken during the Christmas Season, unless agreed to otherwise between the employee and their supervisor. The supervisor shall not unreasonably withhold agreement, provided at least five (5) working days notice is given.

16.02 To qualify for holiday pay, an employee will be required:

(a) To have completed thirty (30) days of work from date of hiring.

(b) To have worked the full shift immediately preceding and the full shift immediately succeeding a holiday, unless absence on either

or both of said shifts only was due to a verified

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personal illness, death in the immediate family, or permission to be absent being granted by Management.

(c) To be on an approved leave of absence

16.03 Where a paid holiday occurs during an employee’s vacation the employee will be given another day off with pay in lieu of such holiday. The lieu day will be taken on a mutually agreed date.

16.04 Employees will be paid at the rate of two times (2X’s) their regular straight time hourly rate for hours worked in addition to the statutory holiday pay.

16.05 The Company agrees to provide an extra four (4) hours pay at the regular straight time hourly rate to each employee on their pay cheque closest to mid December in each year of the agreement.

This payment is not to be used as time off or for any other purpose than extra pay at Christmas.

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ARTICLE 17 - CLASSIFICATION AND RATE OF PAY

17.01 The Company will classify employees according to the work the Company considers they are performing, and will pay hourly rates as follows:

Group Premiums:Fillers with the ability to perform two of the Filler jobs above will be paid $.54 above their job rate. Fillers with the ability to perform all three of the Filler jobs above will be paid $1.04_above their job rate. Blenders with the ability to perform two of the Blender jobs above will be paid $.54 above their job rate. Blenders with the ability to perform all three of the Blender jobs will be paid $1.04 above their job rate.

Employees within the classifications of Blender and Filler will be given the opportunity to advance and learn these

GROUPS CLASSIFICATION 01-May-14 01-May-15 01-May-16

Maintenance Mechanic

Maintenance Mechanic $24.50 $24.75 $25.00

Filler

Filler - Floor $22.75 $23.00 $23.25

Filler - Large Batch $22.75 $23.00 $23.25

Filler - Dispense $22.75 $23.00 $23.25

Blender

Blender - Floor $24.27 $24.52 $24.77

Blender - Large Batch $24.77 $25.02 $25.27

Blender - Mills $24.27 $24.52 $24.77

Shipper/Receiver

Shipper/Receiver $23.61 $23.86 $24.11

Buggy Wash Buggy Wash $21.68 $21.93 $22.18

Utility (helper) Utility (helper) $20.64 $20.89 $21.14

Student Student $15.27 $15.52 $15.77

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additional operations in order of seniority.

17.02 An employee who is temporarily transferred from a higher to a lower rated classification will retain his rate provided it is not a permanent job

17.03 Whenever an employee is transferred at the request of the Company to a higher paid classification, he will be paid the rate of the classification to which he is transferred.

In the case of the Filler and Blender classifications

the employee’s rate of pay will be paid at the employee’s skill level in that classification.

17.04 All employees in the above referenced job

classifications will rotate between the job duties in their respective classifications at the discretion of management.

17.05 Employees newly hired by the Company will be paid according to the following schedule:

- 80% of the classification rate to which they are assigned for the first three hundred and sixty (360) hours worked

- 90% of the classification rate to which they are assigned for the next three hundred and sixty (360) hours worked

- The following classification shall be excluded from the above schedule

STUDENT SUMMER HAND

17.06 Notwithstanding the requirements under the Employment Standard Act (“ESA”) for severance the Company commits to the level of severance required under the ESA even if the Company is not

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at the employment level and total payroll dollars required to be subject to the Act.

ARTICLE 18 - REPORTING FOR WORK AND CALL-IN PAY

18.01 An employee who reports for work without having been told in advance not to report, will be given work, or pay for a minimum of four (4) hours. This

obligation on the part of the Company will not apply when an employee is prevented from being supplied with work because of any circumstances beyond the control of the Company.

18.02 An employee who is called into work to meet emergency conditions after having left the premises of the Company, will be paid a minimum of 2 hours pay.

ARTICLE 19 - LEAVE OF ABSENCE

19.01 Bereavement Leave

An employee who has completed the probationary period will be allowed up to three (3) days of absence with pay, the last day of which leave will be taken on the day of the funeral, in the event of the death of his father, mother, sister, brother, grandchild, father-in-law, or mother-in-law, step-brother, step-sister, step-father, step-mother to make arrangements for and to attend the funeral. An employee who has completed the probationary period will be allowed up to four (4) days of absence with pay in the event of the death of a spouse or a child to make arrangements for and to attend the funeral. The second last day of which

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leave be taken on the day of the funeral. One (1) day for grandparents, brother-in-law and sister-in-law.

Notwithstanding the fact that the Ontario Personal Emergency Leave Act (“PEL”) does not provide leave for the death of an employees’ nephew, niece or grandparents of the spouse, the Company will permit employees to use one day of the PEL to attend the funeral with no pay.

In cases where a memorial service will be held at a later date (i.e., spring burial or cremation), one of the paid bereavement days may be taken on the date of the service.

19.02 Jury Duty

An employee who serves as a Juror or Crown Witness when under subpoena by the Crown shall be paid on a daily basis the difference between the pay received for such jury duty and eight (8) times his straight time hourly rate subject to the following conditions:

(a) The days eligible for such payment shall be scheduled working days of the employee upon which he would otherwise have worked.

(b) If the employee is released by the Court before 12:00 PM he will be expected to report to work for the remainder of their shift on that day.

(c) If an employee is required to work on the night shift before the court appearance, he will give at least five (5) days notice (unless impossible due to a last minute summons) and will be

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allowed to take the night off with no loss in pay.

ARTICLE 20 - FRINGE BENEFITS (HEALTH & WELFARE)

20.01 All bargaining unit employees will receive the non-wage benefits identified below under the same policies, terms and conditions that the salaried exempt personnel with whom they work enjoy these benefits and as such the Company may alter benefits from time to time. These non-wage fringe benefits, as they are currently structured, are described in detail in the applicable Employee Benefit book (See Employee Benefit booklet Group #9604, Divisions 1, 3, and 4- Valspar Inc. Class A, Division 6) and/or Employee Handbook, but are not incorporated herein by reference, because they are subject to change. These non-wage fringe benefits and policies are:

(a) Medical/Dental Insurance(b) Group Life Insurance(c) Long Term Disability Insurance(d) Short Term Disability(e) Employee Assistance & Substance Abuse

Policy(f) Stock Purchase Plan(g) Educational Assistance(h) Pension

The Short Term Disability plan shall be amended to provide for benefits on the second day of absence due to accident or hospitalization. Accident means a specific unplanned and unforeseen event which results in bodily injury not caused by a verifiable prior or previous injury, disease or illness.

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Employees are covered first of the month following the hiring date for Medical, Dental and Group Life; 90 days after hiring date employees are covered for disability.

The Union and the Company agree that the Company retains the right to alter the non-wage fringe benefits plan provided the alteration is consistent with alterations made to the non-wage fringe benefits plan of all other Valspar employees who work in the Cornwall, Ontario facilities.

The Company agrees that the bargaining unit employees and/or the Union retain the right to grieve:

• anyalterationthatisnotmadeconsistentwith the other employees; and

• anyapplicationofthenon-wagefringebenefits that does not adhere to the terms in the Employee Handbook.

The cost to employees shall be based on a 75%-25% split with 25% being the employee share of the premium. Should the benefit premium increase the parties agree that on January 1 on a yearly basis the Company shall have the right to adjust the premium. However, the increase shall be limited to no more than a combined total of $15.00 paid per month for the year.

Employees will be paid all unused personal days benefit at the end of the calendar year. Personal days are not a core benefit as defined above but are subject to the Letter of Understanding #2 appended to this collective agreement.

20.02 If an employee works more than two (2) hours beyond their scheduled shift with less than eight (8) hours advance notice, the Company shall

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provide a twelve ($12.00) dollar meal voucher.

20.03 When employees submit Company approved medical documentation for STD benefits the employee will be responsible for any cost for providing the initial properly completed medical documentation. Any subsequent request for medical information, in addition to the fully completed medical documentation will be at the Company’s expense up to a maximum of one hundred dollars ($100.00) the Company covering the additional request for medical information does not include updates for employees with illnesses exceeding four (4) weeks.

20.04 Effective January 1, 2015 the Company will amend the Medical and Dental Plans as follows:

For employees who wish to retire, have reached age 60 and have a minimum of 10 years of Valspar service immediately preceding their retirement date, a Retiree Health Continuation option is available. Under this option, retirees may elect to continue prescription drug coverage and/or dental coverage. Coverage is available until age 65. The cost of the coverage will be based on the actual experience of the retirees and rates will fluctuate from year to year with the renewal of the policy. The entire cost of this coverage is borne solely by the retiree. The benefits provided (prescription drug and dental) will be the same as those provided to active employees. If the carrier refuses to insure Valspar’s retiree group or will not insure the same benefits provided to active employees, Valspar will make a reasonable effort to find a replacement carrier that provides reasonably comparable benefits and costs.

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It is the retiree’s responsibility to ensure that payments are made promptly otherwise coverage will be discontinued.

20.05 Effective January 1, 2015 the Company will provide in addition to the above the following:

Retiree Term Life Insurance coverage is available for the retirees under the same terms and conditions stated above (age 60 and have a minimum of 10 years of Valspar service immediately preceding their retirement date). The amount of this coverage is $50,000. The cost of this coverage is borne solely by the retiree. Rates may fluctuate from year to year with the renewal of the policy. Coverage is available until age 65.

It is the retiree’s responsibility to ensure that payments are made promptly otherwise coverage will be discontinued.

ARTICLE 21- HUMANITY FUND

The Company agrees to deduct on a weekly basis the sum of twenty-one dollars ($21.00) each January from the wages of all employees in the bargaining unit, and prior to the fifteenth (15th) of the month following, shall pay the amount so deducted to the Humanity Fund and shall forward such payment to the United Steelworkers, National Office, 234 Eglinton Avenue E., Toronto, M4P 1K7, and shall advise in writing both the Humanity Fund at the above address, and the local Union, that such payment has been made, the amount of such payment and the names of all employees in the bargaining unit on whose behalf such payment has been made. It is understood and agreed that participation by any employee in the bargaining

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unit in the program of deductions set forth above, may be discontinued by any employee in the bargaining unit after the receipt by the Company and local Union, within one month of each ratification of the agreement, of that employees written statement of his desire to discontinue such deduction from his pay.

The Union shall indemnify and save the Company harmless against all claims or other forms of liability that may arise out of any actions taken by the Company in compliance with this Article.

ARTICLE 22 – VACATION WITH PAY

22.01 The Company will post, at the latest during the second week of January of each year, a list indicating the vacation entitlement amount for each employee.

22.02 The vacation year to determine vacation pay runs from January 1st to December 31st of the previous year gross earnings. Vacation time off entitlements will be scheduled in accordance with 22.10 and 22.11.

22.03 Vacation scheduling for the period of January 1st to May 31st will commence on the first Monday in December (previous year). During the first week the Company will canvass employees by seniority that submitted a vacation request on the first Monday in December. The junior employee who is denied their vacation request when canvassed must immediately provide a new date or withdraw their request.

By the end of the first Friday in December, the amended

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vacation schedule will be posted.

During the first complete week of November, a friendly reminder will be posted so employees can plan their choices above.

After the first Monday in December, vacation will be approved on a first come first serve basis. If two (2) or more employees request on the same day seniority will govern.

Such request for vacation during the months listed above will be submitted at least five (5) days in advance.

22.04 For the purpose of this clause, a week shall be considered five consecutive days Monday through Friday, except in the case of a COS schedule. Vacation scheduling for the peak period of June, July, August, September and the balance of the calendar year will be made by seniority in the following manner. All requests must be in one week blocks. The most senior one third of employees will request their vacation preference by the end of the last Friday of March. Any conflicts will be resolved and an approved schedule issued by the end of the first Friday in April. The second one third of employees will request their vacation preference from remaining available vacation dates by the end of the second Friday of April. Any conflicts will be resolved by the end of the third Friday of April. The last one third of employees will request their vacation preference from remaining available vacation by the end of the fourth Friday of April. The vacation schedule will be posted by the end of the first Friday of May. Conflict means; two (2) or more employees requesting same week and the junior employees has to submit a new request to replace the week denied or withdraw their

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request. Management retains the exclusive right to determine the number of employees on vacation at any one time.

22.05 Employees who have unscheduled vacation after the vacation schedule has been posted will be allocated on a first come first serve basis and will be allowed to schedule one day vacation or more. If two (2) or more employees submit a request on the same day, seniority will govern. Such request for vacation will be submitted at least five (5) work days in advance.

22.06 Employees will be allowed to carry over a maximum of five (5) days vacation into the following year. Any request for carrying over unused vacation days to the next year must be requested in advance in writing to management prior to the end of the vacation year. In addition, borrowing vacation days from the next year is not allowed.

22.07 In the case where a previously scheduled week(s) of vacation is cancelled by an employee, the available week(s) may be posted for one (1) week. During this week, employees may apply for the vacation and it will be awarded to the senior employee who so applies

22.08 The Company may schedule more employees vacation time off if operations permit.

22.09 During the peak vacation months of June, July, August and September, employees will be only allowed to take a maximum of two (2) weeks of vacation time off, unless weeks remain available after the vacation schedule is posted (after the first Friday of May) or when weeks become available as per 22.07.

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22.10 All regular full-time and part-time employees are eligible for vacation (part-time employees receive a pro-rated vacation benefit). Each calendar year, employees have a vacation benefit based on years of service. Valspar’s vacation is as follows:

Years of Service Vacation Time

1 year of service or more Two weeks (10 days)5 years of service or more Three weeks (15 days)15 years of service or more Four weeks (20 days)25 years of service or more Five weeks (25 days)

Vacation pay will be divided evenly for each vacation week (i.e. if an employee takes one (1) week off he will receive 2% of the previous year gross earnings). If an employee takes one (1) day of vacation time off he will receive 1/5 of a week’s vacation percentage. For anniversary years, vacation pay entitlement under 22.11 will be pro-rated. (Effective January 1, 2012)

22.11 In the calendar year in which an employee has a service anniversary that qualifies them for the next level of vacation benefit (i.e. 5th, 15th, and 25th anniversary), they will receive a pro-rated vacation benefit based on the month they were hired. The following shows the vacation benefit for the calendar year in which an employee reaches their 5th, 15th and 25th service anniversary.

Employment Date Service Anniversary 5th 15th 25th January & February 15 days 20 days 25 daysMarch & April 14 19 24May & June 13 18 23July & August 12 17 22September & October 11 16 21November & December 10 15 20

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Example: Mary was hired on March 10, 1997. During calendar year 2002 she would have 14 days to use. In 2003 she will have 15 days.

22.12 In the first calendar year of employment, the vacation benefit will be pro-rated based on the month in which the employee was hired. This pro-rated amount can be used between the employment date and December 31st. The vacation schedule below applies on to the first year of employment.

Employment Date Vacation Entitlement for 1st yearJanuary 1st – March 31st 7 daysApril 1st – June 30th 5 daysJuly 1st – September 30th 2 daysOctober 1st – December 31st 0 days

22.13 Vacation time off is to be taken in the year in which it becomes due and can be taken at any time prior to end of the year subject to the approval of management. Vacation time off will be required to be scheduled before December 1st of each year so that necessary personnel planning can be arranged.

22.14 For all vacation approvals a week request will override a request that is for less than a week, full day vacation request will override a half (1/2) day vacation request.

22.15 When an employee with one year or more of continuous service leaves the Company, they will be paid for any unused vacation. Employees who leave with less than one year of continuous service will not be paid for unused vacation.

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ARTICLE 23 - DURATION

23.01 This Agreement, which supersedes all previous Agreements, will remain in full force and effect from, and including, the 1st day of May 2014 to, and including, the 30th day of April 2017.

Either party desiring to renew or amend this agreement may give notice in writing of its intentions during the last ninety (90) days of its operations. If notice to amend this agreement is not provided within the ninety (90) day period, it shall automatically renew for another year.

DATED AT Cornwall ONTARIO THIS 15t/i DAY OF May 2014

FOR THE COMPANY:

Louis J. Carr, Jr. ~Steven Dobson

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LETTER OF UNDERSTANDING #1 - OVERTIME

The Union and the Company agree that the following cases examples serve to clarify the parties’ agreement with respect to the application of Article 15.02:

Case OneWhere an employee works:

Monday Absent with pay Tuesday 11 hours Wednesday 11 hours Thursday 11 hours Friday Absent without pay

In this situation the employee would have:

(i) Monday covered pursuant to the Personal Illness and Injury Plan; and

(ii) Tuesday through Thursday the employees would receive 32 hours at regular pay and one (1) hour at time and one-half (1-1/2).

Case TwoWhere an employee works:

Monday Absent with pay Tuesday 11 hours Wednesday 11 hours Thursday 11 hours Friday Absent with pay


(i) Monday & Friday would be covered pursuant to the Personal Illness & and Injury Plan; and

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(ii) Wednesday through Thursday the employee would receive twenty four (24) hours at straight time and nine (9) hours at time and one-half.

Case ThreeWhere an employee works:

Monday 12 hours Tuesday 12 hours Wednesday 12 hours Thursday 8 hours Friday Absent without pay


(i) Monday through Thursday the employees would receive 40 hours at regular pay and 4 hours at time and one-half (1-1/2).

Case FourWhere an employee works:

Monday 12 hours Tuesday 12 hours Wednesday 12 hours Thursday 8 hours Friday Absent with pay


(i) Friday covered pursuant to the Personal Illness and Injury Plan; and

(ii) Monday through Thursday the employees would receive 32 hours at regular pay and twelve (12) hours at time and one-half (1-1/2).

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Pay shall include for the purpose of calculating overtime as including paid granted union leave, bereavement, scheduled vacation, statutory holidays, jury duty, paid personal days and returning from short term disability.

DATED AT COVlwa{[ ONTARIO THIS. 15th DAY OF .:May 2014 ,

FOR THE COMPANY:

Louis J, Carr, Jr.

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LETTER OF UNDERSTANDING #2

This letter is attached to and forms a part of the Collective Agreement. The current practice being- employees who miss three (3) days or less per calendar year will be paid a payout for all unused personal days plus two (2) days. For example, an employee who takes two (2) personal days during the calendar year would be paid three (3) days at the end of the calendar year. If an employee is hospitalized or has a major illness (i.e., if the employee becomes eligible for Short Term Disability payments) he would still be eligible for the two (2) day payout. Days that are missed as a result of an injury or illness that is compensable under the WSIA would also be eligible for the two (2) day payout.

The three (3) personal days taken by an employee will not count as attendance occurrences under the Attendance Policy.

DATED AT Cornwalf ONTARIO THIS _-,1 ... 5_" __ DAY OF :May 2Q14 •

FOR THE COMPANY, FOR THE UNION:

-c--c--=---:-- -~--~---.. Louis J. Carr, Jr.

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LETTER OF UNDERSTANDING #3 – On Housekeeping

The parties agree that for the purposes of housekeeping, verifying, reporting or checking other employees work remain a duty of management. No employees will be required to report on the housekeeping condition of his or her fellow employee.

It is understood that the current housekeeping practice will be modified to remove the criteria to check/verify your fellow employee’s work area, this will become a supervisor’s responsibility. Accordingly, the union will withdraw the grievance referred to arbitration.

DATED AT Camwalf ONTARIO THIS _ .... 1""5_ .. __ DAY OF :MaY2Qld.

FOR THE COMPANY: FOR THE UNION:

LouiB.J. Carr, Jr

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Exhibit “A”Continuous Operation Schedule(COS)

The Continuous Operation Schedule will become applicable when the plant, or any part of the plant, operates on a seven (7) day twelve (12) hour continuous operation schedule. The company will determine the necessity of implementing such a schedule and, upon such determination, will inform the union twenty (20) working days prior to implementation. The Company will not implement this COS schedule for a period exceeding nine (9) months; and only once during the term of this collective agreement. When the COS is discontinued it shall be done in such a manner that each shift will complete the two (2) week cycle.

COS will be implemented under the following terms and conditions:

1. Work week schedule – Four (4) week rotation – Twelve (12) hour shifts – (7:00 am – 7:00 pm Day) – (7:00 pm- 7:00 am Night)

Weeks 1 & 2

Monday Tuesday Wednesday Thursday Friday Saturday Sunday

A. DayB. NightC. OffD. Off


A. OffB. OffC. DayD. Night













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Weeks 3 & 4


A. NightB. DayC. OffD. Off


A. OffB. OffC. NightD. Day













2. Pay period will be bi-weekly, Monday thru the following Sunday.

3. Vacation entitlement will be as follows:

a) Three (3) weeks or less of vacation entitled to take one (1) long week.

b) Four (4) or more weeks of vacation entitled to take two (2) long weeks. A long week is defined as when an employee is scheduled pursuant to the above to work a five (5) days of a seven (7) day workweek.

4. Holidays and Floaters will be paid as twelve

(12) hours pay per day, provided the employee works his last scheduled day before and his first scheduled after such holiday(s). Vacation days taken during a scheduled workweek will be considered scheduled hours of work for the purposes of qualifying for overtime.

5. Any sick day’s benefits employees may be entitled

to will be converted from days to hours with each day equaling eight (8) hours. (E.g., Five (5) sick days would equal 40 hours of sick time)

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6. Bereavement will be paid pursuant to article 24.01 – Bereavement Leave based upon a twelve (12) hour day.

7. Employees on the night shift will be paid the night

shift premium pursuant to the collective bargaining agreement (27.04).

8. Employees will be paid overtime for all hours

worked in excess of sixty-four (64) hours worked within the two (2) week pay period. Overtime will be paid at a rate of time and one half (1½) of the hourly straight time rate.

DATED AT Cqrnwaff ONTARIO THIS 15" DAY OF :May 2014

FOR THE COMPANY: FOR THE UNION:

Louis J. Carr. Jr.

united steelworkers - ontario · 2014 -2017 collective agreement between valspar inc. and united...

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