AGREEMENT
BETWEEN
COOPER INDUSTRIES (ELECTRICAL) INC.
CROUSE-HINDS DIVISION
AND
United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied-Industrial
and Service Workers International Union
LOCAL 9042
31ST May, 2008 – 30th May, 2011
0
TABLE OF CONTENTS
Article
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Schedule "A"
Schedule "B"
Schedule "C"
Title
Page
Purpose of Agreement
Recognition & Scope
Relationship
Management Rights
No Strikes or Lockouts
Union Security
Union Representation
Negotiating Committee
Grievance Procedure
Discharge and Disciplinary Action
Arbitration
Seniority
Leave of Absence
Union Representative
Bulletin Boards
Report Allowance
Call-In Pay
Payment for Injured Employees
Jury & Witness & Bereavement Pay
Safety & Health
Plant Holidays
Vacation with Pay
Wages
Hours of Work and Overtime
General
Insurance, Welfare Benefits & Pension
Termination
Wages & Job Classifications
Benefits
Pension Plan
Letters of Understanding
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THIS AGREEMENT dated the _22nd__ day of _May_, 2008.
BETWEEN:
COOPER INDUSTRIES (ELECTRICAL) INC.,
DIVISION (herein after called the "Company")
CROUSE-HINDS
AND
UNITED
STEEL,
PAPER
AND
FORESTRY,
RUBBER,
MANUFACTURING, ENERGY, ALLIED-INDUSTRIAL AND SERVICE
WORKERS INTERNATIONAL UNION
(herein after called the "Union")
WHEREAS it is the desire of the parties hereto set forth herein the
agreement between them for the terms hereof in respect to rates of pay,
wages, hours of employment and other conditions of employment to be
observed by the parties hereto, and the employees covered hereby, and
to provide a procedure for the prompt and equitable adjustment of
grievances arising hereunder;
NOW THEREFORE IT IS MUTUALLY AGREED
between the parties as follows:-
ARTICLE 1 - PURPOSE OF AGREEMENT
1.01
The general purpose of this Agreement is to secure for the
Employer, the Union and the Employees, the full benefits of
orderly collective bargaining, an amicable method of settling
any difference which may arise between the parties and to set
forth the conditions of employment to be observed by the
Company and the Union.
1.02
Wherever the MALE GENDER is used throughout the Articles
within the Agreement, it is agreed that the FEMININE
GENDER is an acceptable substitute whenever and wherever
the feminine gender is applicable.
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1.03
Where the singular is used throughout the Articles within this
Agreement, it is agreed that the plural is an acceptable
substitute wherever the plural gender is applicable.
ARTICLE 2 - RECOGNITION & SCOPE:
2.01
The Company recognizes the Union as the sole and exclusive
bargaining agent for all its employees at Mississauga, save
and except supervisors, managers, office, technical and sales
staff.
2.02
Persons, whether employed by the Company or from outside
who are not members of the bargaining unit, shall not perform
work on any jobs which are included in the bargaining unit,
except for the purpose of instruction or in the case of
emergency when bargaining unit employees are not available.
The use of temporary and/or contract workers who are not
members of the bargaining unit shall not result in the direct
layoff of bargaining unit employees. However, in no event
shall contract workers work in excess of 45 days.
2.03
Should any of the present operations be moved to a
location(s) outside of the boundaries of Mississauga, this
Agreement shall be extended to cover such location(s)
provided such locations are within a 25 mile radius of the
present plant site at 5925 McLaughlin Road, Mississauga,
Ontario L5R 1B8.
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ARTICLE 3 - RELATIONSHIP:
3.01
The Company and the Union agree that there will be no
intimidation, interference, restraint, coercion or discrimination
exercised or practiced by any of its representatives or
members with respect to any employee because of his or her
participation or non-participation in the Union, and no
employee will engage in Union activity, or solicitation for
Membership during working hours except with the permission
of the management or as specifically provided for in the
Agreement.
3.02
The Company and the Union agree to abide by the provisions
of the Ontario Human Rights Code as amended.
3.03
The Union agrees that, except as provided for in this
Agreement, there will be no union activity on the premises of
the Company during the employees working hours except by
agreement with the Company.
ARTICLE 4 - MANAGEMENT RIGHTS
4.01
Union Acknowledgement. The Union acknowledges that it
is the exclusive function of the Employer to:
(a)
Maintain order, and efficiency;
(b)
Hire, discharge, classify, direct, transfer, promote,
demote, layoff, and suspend or otherwise discipline
employees for just cause subject to the right to lodge a
grievance as herein provided;
(c)
Generally manage the industrial enterprise in which the
Employer is engaged;
(d)
Make, enforce and alter from time to time fair and
reasonable rules and regulations to be observed by all
employees.
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4.02
Application.
The Employer agrees that the functions
described in 4.01 will be exercised in a manner consistent
with the provisions of this Agreement.
4.03
Additional Reservations. All of the functions, powers or
authority of the Employer which are not specifically abridged,
delegated or modified by this Agreement, are retained by the
Employer; provided, however, that the exercise of such
authority shall not be used in conflict with any of the
provisions of this Agreement.
ARTICLE 5 - NO STRIKES OR LOCKOUTS
5.01
In as much as this agreement provides an orderly procedure
for the settlement of grievances, neither the union nor any
employees shall take part in or call or encourage any strikes,
or stoppage of work of production, which shall in any way
affect the operation of the Company. The Company agrees
that it will not cause or direct any lockouts of employees.
ARTICLE 6 - UNION SECURITY
6.01
The Company shall deduct from the pay of each member of
the bargaining unit, weekly, such union dues, fees and
assessments as prescribed by the Constitution of the Union.
6.02
The dues so deducted shall be remitted along with a list of the
names of employees from whom such deductions have been
made within one week of the end of the month payable to the
International Treasurer, United Steelworkers, P.O. Box
9083, Commerce Court, Postal Station, Toronto, Ontario,
M5L 1K1. (i.e. Dues for the month of May, would be due to
be submitted by the end of the 3rd week of June.)
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6.03
The monthly remittance shall be accompanied by a statement
showing the names of each employee from whose pay
deductions have been made and the total amount deducted
for the month. Such statements shall also list the names of
employees from who no deductions have been made and the
reasons why, along with any forms required by the
International Union.
6.04
The Union agrees to indemnify and save the Company
harmless against all claims or other forms of liability that may
arise out of, or by reason of, deductions made or payments
made in accordance with this Article.
6.05
The Company agrees to print the amount of total dues
deductions paid by each employee for the previous calendar
year on the Income Tax T4 form.
ARTICLE 7 - UNION REPRESENTATION
7.01
The Company acknowledges the right of the Union to appoint
or otherwise select Shop Stewards for the purpose of
representing employees in the handling of complaints and
grievances. Such Stewards will have preferred seniority as
long as he/she has the ability to do the work available.
7.02
The Company agrees to recognize three (3) stewards for the
Day Shift, plus one (1) additional shop steward for each shift
other than the Day Shift and one alternate shop steward on
the afternoon shift.
The Union must inform the Company regarding the
departments or areas represented by each steward. The
Union may appoint one (1) of the stewards as Plant
Chairperson
7.03
The Company shall be notified by the Union of the names of
the Shop Steward and any changes made thereto.
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7.04
The Company agrees to recognize and deal with a Union
Grievance Committee of not more than three (3) employees,
one of whom shall be the Plant Chairperson or President.
7.05
Time spent by employees and stewards in the processing of
grievances during working hours shall be paid for by the
employer and confined to the amount of time reasonably
necessary.
Processing of grievances is the discussion
between the employee, steward and supervisor and meetings
with supervision or management mutually scheduled in
accordance with the grievance procedure.
All other union activity pertaining to grievances shall be
conducted during non-working time. Employees and stewards
shall not leave their work to undertake the handling of any
grievances unless they have first secured permission from
their supervisor. The employer agrees that such permission
shall not be unreasonably withheld, and the union agrees that
such privilege shall not be abused. All grievances shall be
processed promptly and without any unreasonable delay. The
time at which a grievance is discussed shall be determined by
mutual agreement. Grievances shall be processed during
working hours.
ARTICLE 8 - NEGOTIATING COMMITTEE
8.01
The Company agrees to recognize and deal with a
Negotiating Committee of not more than three (3)
employee(s), plus the Plant Chairperson or President, who
shall be regular employees of the Company, along with
representatives of the International Union.
8.02
The Negotiating Committee is a separate entity from other
committees and will deal only with such matters as are
properly the subject matter of negotiations, including
proposals for the renewal or modification of this Agreement.
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8.03
The Company agrees to allow members of the Negotiating
Committee the day off work without loss of pay on each day
the Committee is scheduled to meet with members of
Management.
ARTICLE 9 - GRIEVANCE PROCEDURE
9.01
Preamble. Any complaint or grievance arising under this
Agreement relating to administration, interpretation or alleged
violation of the Agreement shall be submitted as quickly as
possible after the circumstances giving rise to the grievance
have occurred or originated and be processed and dealt with
in accordance with the terms and provisions set forth in this
article.
9.02
It is generally understood that an employee has no complaint
or grievance until he, either directly or through the Union, has
first given his immediate supervisor an opportunity to adjust
the complaint.
9.03
If, after registering the complaint with the Supervisor and such
complaint is not settled within two (2) regular working days or
within any longer period which may have been agreed to by
the parties, then the following steps of the Grievance
Procedures may be invoked:
Step One The grievance shall be submitted in writing to the
Supervisor either directly or through the Union.
The
Supervisor shall meet with the employee's Union Steward
within four (4) working days of the receipt of the grievance in
an attempt to resolve the grievance. The grievor may be
present at this meeting if requested by either party. The
Supervisor shall within a further four (4) working days give his
answer on the grievance form and return it to the Union.
Step Two If the decision of the immediate Supervisor is not
satisfactory, the grievance may be submitted to the
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Operations Manager who shall, within five (5) working days
hold a meeting between the Union Grievance Committee (not
to exceed three (3) in number) and the appropriate
representatives of Management, in a further attempt to
resolve the grievance. The grievor may be present at this
meeting if requested by either Party.
The Operations
Manager shall within a further five (5) working days give his
decision in writing, on the grievance form and return it to the
Union.
Step Three
If the grievance remains unsettled at the
conclusion of Step Two, the grievance may be submitted to
the Human Resources Manager who shall within five (5)
working days hold a meeting between the Union Grievance
Committee (not to exceed three (3) in number), and the
appropriate representatives of Management, in a final attempt
to resolve the grievance. A Staff Representative of the Union
and the Grievor may be present at this meeting if requested
by either Party. The Human Resources Manager shall within
a further five (5) working days give his/her decision, in writing,
to the Union on or attached to the grievance form.
9.04
Time for Filing of Grievances. No complaint, difference or
dispute may be submitted or considered under the grievance
procedure unless it has been presented within ten (10)
working days from the time of its occurrence, except where an
alleged grievance involves money matters, and in such
instances the grievor shall have fifteen (15) working days to
submit the grievance.
9.05
If final settlement of the grievance is not reached at Step
Three then the grievance may be referred in writing by either
Party to Arbitration as provided in Article 11, Arbitration, at
any time within thirty (30) calendar days after the decision is
received under Step Three.
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ARTICLE 10 - DISCHARGE AND DISCIPLINARY ACTION
10.01
A claim by an employee who has completed probation, that he
has been discharged or suspended without just cause, shall
be a proper subject for a grievance, if a written statement of
such grievance is lodged at Step 3 of the grievance procedure
within ten (10) working days after the date of the discharge or
suspension. The union will be given copies of all discharges
and suspensions.
10.02
When an employee has been dismissed without notice, he
shall have the right to interview his Shop Steward for a
reasonable period of time, before leaving the Company
premises.
10.03
All derogatory notations on an Employees Record shall not be
considered for the purpose of discipline if there has been a
period of twelve months without any derogatory notations or
discipline actions with respect to the employee.
The Company may dismiss an employee at any time during
the employee's probationary period, if in the opinion of the
Company the employee is not satisfactory. The Company's
decision to dismiss the employee shall not be made in bad
faith. The Company and the Union acknowledge that this
constitutes a lesser standard within the meaning of section
43.1 (2) of the Labour Relations Act.
10.04
ARTICLE 11 - ARBITRATION
11.01
When either Party to the Agreement requests that a grievance
be submitted for Arbitration, they shall make such request in
writing addressed to the other Party to the Agreement.
11.02
The Arbitration Procedure incorporated in the Agreement shall
be based on the use of a single Arbitrator.
11.03
When either Party refers a grievance to Arbitration, they shall
propose three (3) acceptable arbitrators. If none of the
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proposed arbitrators are acceptable to the other Party, they
shall propose three (3) arbitrators. If an acceptable arbitrator
is not agreed upon, the Parties may either submit more
proposed arbitrators or request the Ministry of Labour to
appoint an arbitrator.
11.04
11.05
Except where otherwise provided for in this Agreement, each
of the Parties hereto will bear its own expense with respect to
any arbitration proceedings. The Parties hereto will bear
jointly the expenses of the Arbitrator on an equal basis.
No matter may be submitted to Arbitration, which has not first
been properly carried through all preceding steps of the
Grievance Procedure.
11.06
The Arbitrator shall not be authorized, nor shall the Arbitrator
assume authority, to alter, modify, or amend any part of this
Agreement, or to make any decision inconsistent with the
provisions thereof, or to deal with any matter not covered by
this Agreement.
11.07
The decision of the Arbitrator shall be final and binding on the
Parties.
ARTICLE 12 - SENIORITY
12.01
An employee shall not have any seniority, and shall be
considered as a probationary employee until he shall have
attained seniority status by actually working a total of forty-five
(45) days. These forty-five (45) days must be accumulated
within a twelve (12) month period.
12.02
(a)
The Parties recognize that job opportunity and security
shall increase in proportion to length of service. It is
therefore agreed that in all cases of vacancy, promotion,
demotion, transfer, layoff, termination and recall after
layoff or termination, senior employees shall be entitled
to preference.
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(b)
In recognition, however, of the responsibility of the
Management for the efficient operation of the plant, it is
understood and agreed that in all cases referred to in
section 12.02 (a) Management shall have the right to
pass over any employee if it is established that the
employee does not have the qualifications and physical
fitness to perform the work.
(c)
Award of A Bid Job. The vacancy shall be awarded to
the employee making application therefore, having the
greatest amount of plant wide seniority provided such
employee possesses the required ability and
qualifications to satisfactorily perform the work involved
without training. The selection process shall consist of a
review of the applicant's employment records and an
interview regarding their job related abilities. Where skill
and ability are in question, the employee will be given up
to five days to demonstrate the skill and ability to do the
job. Once awarded the bid job, the successful bidder
shall be prohibited from bidding on another posting for a
period of six months. If no employee qualifies for the
opening, the job may be filled from an outside source.
(d)
The Company agrees that at least two (2) times per
calendar year they shall offer voluntary training
opportunities to bargaining unit employees on a seniority
basis. The Union agrees that the Company has the right
to decide where the training is needed.
12.03
Seniority shall be maintained and accumulated until it is
lost under 12.04 below.
12.04
An employee shall lose his seniority standing and his
name shall be removed from all seniority lists for any one
of the following reasons:
(1)
If the employee voluntarily quits;
(2)
If the employee is discharged for just cause and is
not reinstated in accordance with the provisions of
this Agreement;
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(3)
If the employee is laid off and fails to return to work
within five (5) work days after he has been notified
to do so by the Employer by registered mail to his
last known address (a copy of such notice shall be
sent to the Union).
(4)
Is employed less than two (2) years and is laid off
for a period equal to his length of service at the date
the layoff began;
(5)
Is employed two (2) years or more and is laid off for
a period of two (2) years;
(6)
Accepts employment with another employer while
on a leave of absence;
(7)
Is absent from work for three (3) consecutive
working days without notice to the Employer unless
the giving of notices was impossible under the
circumstances.
(8)
Fails to return to work at the expiration of a granted
leave of absence, or, in the event the employee is
unable to return for bona fide reasons beyond the
employee's control, fails to return as soon as the
employee is able to do so.
12.05
Seniority shall be on a plant-wide basis and shall mean total
length of continuous service in the bargaining unit as defined
in Article 2.
12.06
President and Shop Stewards will be issued an up-to-date
seniority list every two (2) months. A copy of such seniority
list shall be mailed to the area office of the Union and a copy
posted on the plant bulletin boards for employees inspection.
The Company agrees to provide the Union every December
31st, with a Seniority List which includes the employees
addresses, telephone number and rate of pay.
12.07
When reductions in the working force are required, such
layoffs will occur at the end of a pay period. Whenever
possible, the company will give employees notice of the layoff
at least one working day in advance of the last day worked.
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12.08
When a new job is created or a permanent vacancy occurs in
a job in the Bargaining Unit, other than common labour or the
lowest rated job, as listed in Schedule A attached hereto,
such job openings shall be posted on the Employer's bulletin
boards for a period of five (5) working days and the notice
shall contain the Job title, applicable rate of pay, qualifications
and required safety equipment, if any. The provisions of this
Section are not applicable to openings in lateral or lower rated
job classifications, and such openings shall continue to be
filled by the Employer without posting.
Probationary
employees are eligible to make application. Jobs will be
awarded in accordance with Article 12.02.
12.09
For the purpose of this Agreement a vacancy shall be defined
as any unfilled position where there is work being performed.
12.10
Employee Absence for Illness or Injury. Employees who are
absent from their employment as a result of injury or illness
shall retain their seniority to the extent hereinafter provided:
(a)
In the case of an employee with less than two (2) years
seniority for a period equal to his length of service at the
date such absence began, and
(b)
In the case of an employee with two (2) years or more of
seniority for a period of two (2) years from the date the
absence began.
(c)
This clause (12.10) shall be administered such that
discharges will be based upon absenteeism where there
is no reasonable expectation of an employee's return to
work.
(d) An employee's benefit coverage shall cease when the
absence is for a period equal to his length of service at
the date such absence began, not to exceed two (2)
years, unless specifically required by law. The absence
shall be for any reason.
12.11
Employees transferred or promoted to positions not subject to
this agreement will retain their seniority upon transfer or
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promotion to positions outside the bargaining unit, but shall
not accumulate seniority while employed in such positions.
Once such employees have been out of the bargaining unit for
a continuous period of six (6) months, their bargaining unit
seniority will be forfeited.
ARTICLE 13 - LEAVE OF ABSENCE
13.01
13.02
(a)
Leave of Absence. All regular employees may be
granted a leave of absence without pay for good cause.
Applications for leaves of absence, other than
emergency purposes, shall be determined on the basis
of the Employer's needs at the date the applications are
made. Except in the case of emergencies, all
applications for leaves of absence shall be submitted in
writing no less than one (1) week prior to the date on
which the requested leave could begin. In the case of
granted leaves the employee must return to work at the
expiration of the leave and a failure to do so will result in
termination of employment.
(b)
Employees will be entitled to pregnancy and parental
leave according to the Employment Standards Act.
(c)
Employees shall apply for medical leaves according to
13.01 (a). These leaves shall be granted with proper
medical documentation. Termination of medical leaves
will occur when an employee presents the proper
medical release information to the Company or
according to Article 12 Section 12.10.
(a)
A maximum of three (3) employee(s) who have been
elected or appointed by the Union to attend Union
conventions or conferences or other Union business
shall be granted a leave of absence for this purpose.
The Union will notify the Company in writing, not less
than five (5) working days prior to the start of the leave,
of the name of the delegate. The Company shall
continue the pay of such employee and submit an
invoice to the Local Union for payment. Such leaves
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(b)
shall be without pay, limited to one calendar week
duration per leave to an aggregate of 50 days per year.
Leave of absence without pay or other benefits shall be
granted for up to one (1) year to any employee who is
elected or appointed to a full time Union office. Seniority
shall continue to accrue for the length of such leave.
ARTICLE 14 - UNION REPRESENTATIVE
14.01
An authorized representative of the Union who is not
employed by the company shall be authorized to meet with
local union representatives on company premises, after giving
advance notice to the company.
The company shall
designate and have available an appropriate place for the
meeting.
ARTICLE 15 - BULLETIN BOARDS
15.01
The Company will provide three (3) bulletin boards in a
mutually satisfactory location in the plants for the convenience
of the Union in posting notices of Union activity of a noncontroversial nature. All such notices must be signed by the
proper officer of the Union and will be provided to the
company for information purposes prior to posting.
ARTICLE 16 - REPORT ALLOWANCE
16.01
In the event that an employee reports for work on his regular
shift, without having been previously notified not to report, he
will be given at least four (4) hours work at his regular rate of
pay or if no work is available, he/she will be paid the
equivalent of four (4) hours at his regular rate of pay in lieu of
work. This provision shall not apply when there is a lack of
work due to a situation beyond the control of the Company.
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ARTICLE 17 - CALL-IN-PAY
17.01
Any employee who has completed his shift and has left the
Company's premises and is then recalled to work extra time
shall be paid at time and one-half, and will not receive less
than the equivalent of four (4) hours pay at the employee's
regular rate of pay for such additional work. This paragraph
does not apply to an early start of the employee's shift.
ARTICLE 18 - PAYMENT FOR INJURED EMPLOYEES
18.01
In the event that an employee is injured in the performance of
his duties, he shall, to the extent that he is required to stop
work and receive treatment, be paid for wages the remainder
of his shift on day of injury. If it is necessary, the Company
will provide on the date of accident, or arrange for, suitable
transportation for the employee to the doctor or hospital and
back to the plant and/or to his home as necessary.
ARTICLE 19 - JURY & WITNESS & BEREAVEMENT PAY
19.01
Jury Duty. In the event that an employee is called for jury duty
or duty required to act under Coroner's inquest or as a Crown
witness, the company will compensate him for loss of
earnings by an amount equal to the difference between the
court's reimbursement and his normal pay immediately for
such duty. The Company will require proof of such call and
pay before payment as provided herein is made. For purpose
of this clause all employees shall be considered as being on
day shift.
19.02
Bereavement Leave
(a)
The Company agrees to grant leave of absence with pay
for the purposes of attending the funeral or family service
of a member of the immediate family in accordance with
the following;
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A leave of absence of up to four (4) days as described
above, in the event of the death of a parent, spouse,
child, stepchild raised in the household of the employee,
brother or sister.
A leave of absence of up to two days as described
above, in the event of the death of a parent-in-law, sisterin-law, brother-in-law, grandparent and grandchild.
In order to receive payment for bereavement leave,
employees will be required complete the prescribed form
available from the Company, or otherwise provide the
information requested by the Company, within one (1)
week of their return to work. If the funeral is outside
Canada, the Company will accept an obituary notice or
similar evidence in lieu of attendance at the funeral to
qualify the employee for bereavement leave pay.
(b) An employee must notify the Company prior to the
commencement of any bereavement leave unless such
notification is impractical.
In the event such notification is impractical an employee
must notify the Company within three (3) working days of
commencing such bereavement leave. The Company
agrees to grant requests for extended non-paid
bereavement leave as the circumstances warrant.
ARTICLE 20 - SAFETY & HEALTH
20.01
The Company and the Union shall maintain an Occupational
Safety and Health Committee consisting of three (3) members
elected or appointed by the Union and three (3) members
appointed by the Company. Worker members of the Joint
Health and Safety Committee shall be permitted one (1) hour
to prepare for each committee meeting.
20.02
The general duties of the Health and Safety Committee shall
be;
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(a)
Meet monthly during regular working hours
(b)
Conduct a monthly inspection
(c)
Investigate serious accidents.
20.03
The company will provide safety equipment and protective
clothing necessary to protect employees from injuries arising
from their employment with the company.
20.04
Safety Glasses. Safety glasses, where required, shall be
supplied to the employees without cost.
20.05
Safety Shoes. Employees whose jobs require the wearing of
safety shoes (shoes with steel caps and steel arches) upon
ratification, will be reimbursed up to one hundred and twenty
dollars ($120.00) in year one (1) and two (2) of this
contract, increased to one hundred and twenty-five
($125.00) in year three (3).
20.06
Prescription Safety Glasses. Every two years the company
will reimburse employees the following costs for prescription
safety glasses: seventy-five dollars ($75.00) single vision, one
hundred and five dollars ($105.00) bifocal, one hundred and
sixty-eight dollars and twenty-five cents ($168.25) progressive
(no-line bifocal).
Employees may purchase approved
prescription safety glasses through an eye-care dispenser of
their choice. A signed authorization form indicating that the
frames and lenses meet C.S.A. specifications (available in the
H.R. department) and a proper receipt must be presented to
H.R. for reimbursement.
20.07
Disabled Employee. The Company will make an effort as
required by the Worker's Compensation Act to assign an
employee who has been temporarily or permanently impaired
physically due to compensable injury that occurred during the
course of employment, or due to an occupational disease
contracted during employment, to a job that the employee is
able to perform notwithstanding the normal job posting,
seniority and classification provisions of the collective
agreement.
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ARTICLE 21 - PLANT HOLIDAYS
21.01
The Company will observe the following plant holidays:
New Year's Day
Victoria Day
Civic Holiday
Thanksgiving Day
Christmas Day
Family Day
Boxing Day
Good Friday
Canada Day
Labour Day
Floater Day
Floater Day (as of 2nd year)
Should one of the above statutory holidays fall on a Saturday
or Sunday, another day shall be observed as the holiday by
mutual agreement.
The second floater day shall be at the employee’s
discretion, subject to operational requirements.
21.02
Eligible employees shall receive eight (8) hours pay for each
holiday multiplied by the employee's regular rate of pay.
21.03
Eligibility. To be eligible for the holiday pay allowance an
employee must work the regularly scheduled hours of work of
the plant's operation on the work days immediately preceding
and succeeding the day on which the recognized holiday is
celebrated.
21.04
When any of the holidays are observed during an employee's
scheduled vacation period he shall receive holiday pay as
provided in Clause 21.02 if he is eligible for such payment
under Clause 21.03 and shall be granted an additional day off.
21.05
Any authorized work performed by an employee on any of the
above named holidays shall be paid at the rate of double time
in addition to holiday pay.
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21.06
Recognized Holiday Occurring During Granted Leave of
Absence.
An employee otherwise eligible for holiday pay
who is absent by reason of a granted leave of absence, which
commenced within two (2) weeks of the date on which the
holiday is celebrated, shall receive payment for the holiday,
provided that the employee returns and resumes working at
the expiration of the granted leave.
ARTICLE 22 - VACATION WITH PAY
22.01
(a)
An employee who has less than one (1) year of service
as of June 30th of the vacation year shall be entitled to
4% of the employee's gross earnings for the year ending
June 30th such employee shall receive time off according
to the following schedule.
Month of Hire
Vacation Days
July 1 through Jan. 31 of vacation year
5
February
4
March
3
April
2
May
1
Employees entitled to a vacation allowance under this
paragraph may, upon request, be permitted to expand
the amount of vacation time for which they are eligible to
the balance of the week in which such employees are
scheduled for their vacation.
(b)
An employee who has one (1) year of service as of June
30th of the current vacation year shall be entitled to (2)
week's vacation with pay.
(c)
An employee who has five (5) years of services as of
June 30th of the current vacation year shall be entitled to
(3) weeks of vacation with pay.
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(d)
An employee who has completed twelve (12) years of
service as of June 30th of the current vacation year shall
be entitled to four (4) weeks of vacation with pay.
(e)
Vacation pay for each week of vacation entitlement shall
be two (2%) of gross earnings or forty (40) hours of pay
whichever is greater, for employees who have worked a
minimum of 1250 hours in the vacation year. Employees
who have not worked 1250 hours in the vacation year will
receive two (2%) of gross earnings for each week of
vacation entitlement.
(f)
Vacation shall not be accumulated but must be taken
within the current calendar year, however, vacation not
scheduled prior to the April 15th cut-off date, shall be on
a first-come, first-serve basis, mutually agreed to
between the company and the employee, subject to
availability.
(g)
Gross earnings shall mean total taxable earnings for the
fifty-two (52) week period from July 1 through June 30.
(h)
An employee who leaves the employment of the
company for any reason prior to June 30th will be paid
for vacation that has been accrued but has not been
taken or paid for.
22.02
Vacation Prior to June 1. Employees may book one or more
vacation days prior to June 1st, and will be paid for those days.
The amount paid for individual vacation days taken prior to
June 1st will be deducted from their vacation entitlement payout.
22.03
Rescheduling of Vacation Due to Injury or Illness. An
employee who is disabled due to illness or injury at the time
such employee's vacation is scheduled to begin shall be
rescheduled to the extent possible for a vacation in the current
calendar year. Rescheduling as herein provided is subject to
the requirement that the employee shall have furnished the
Company with a physician's certificate acceptable to the
Company, setting forth the details pertaining to the employees
disability.
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22.04
Time spent on disability leave for pregnancy shall be counted
as time worked for the purpose of this paragraph, up to the
maximum of one (1) year of E.I. eligibility.
Vacation pay calculated shall include money for the leave in
addition to any wages actually earned.
ARTICLE 23 - WAGES
23.01
The Company agrees to pay and the Union agrees to accept
for the term of this Agreement, the wages as set out in the
Wage Schedule "A" attached hereto and forming a part of this
Agreement.
23.02
Temporary Transfer Temporary transfers will not be used to
transfer employees on a permanent basis and shall not be
used to bypass job posting (Article 12.02 Award of Bid Job).
Therefore, temporary transfers will not exceed ten (10)
working days. This ten (10) days does not count in case of
sickness, accident, or authorized leave of absence.
The Company will determine from which job classification
(Schedule 'A' 2) a temporary transfer will be taken.
Temporary transfers will be offered to senior employees first
outside the classification and if they refuse, the Company will
offer the temporary transfer to the more junior employees
outside the classification, in accordance with seniority on the
shift the transfer takes place. If all employees refuse, the
Company will transfer the least senior employee outside the
classification the transfer takes place.
If an employee is transferred for the convenience of the
Company he shall receive the job rate for the job classification
or his regular job classification rate, whichever is greater.
If the transfer is for the convenience of the employee or to
enable the employee to avoid layoff and if the rate of the job
classification to which he is transferred is less than the
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employee's regular classification rate of pay, he shall receive
the classification rate of pay.
23.03
Payment of Wages The Company agrees that all employees
shall be paid weekly by direct banking deposit on Thursday,
but in no event later than Friday.
23.04
New or Changed Jobs The Company agrees to negotiate
with the union the rate of pay for any new or changed job 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 presently in existence.
ARTICLE 24 - HOURS OF WORK AND OVERTIME
24.01
It is hereby expressly understood and agreed that the
provisions of this Article are for the purpose of computing
overtime and shall not be construed to be a guarantee of the
hours of work to be done per day or per week or otherwise.
24.02
Standard Work Week Defined. The standard work week shall
consist of forty (40) hours per week, Monday through Friday
inclusive. Eight (8) hours shall constitute a regular day's
work. The hours per day and the days per week shall be
consecutive except for the luncheon period and when a
recognized holiday hereunder intervenes.
24.03
Shift Hours - Modification. Shift hours, consisting of a day
shift and an afternoon shift are:
Day Shift I
7:00 a.m. to 3:30 p.m., with one-half (1/2)
hour lunch
Afternoon Shift
3:30 p.m. to 12:00 a.m., with one half
(1/2) hour lunch period. An exception to
the above will be the afternoon shift
where the start time for up to eight (8)
employees could be as early as 2:30 p.m.
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Shift assignments will be in accordance
with Article 24.08
24.04
Rest and Wash-up Periods. Employees shall receive a fifteen
(15) minute paid rest period in the first and second half of
each shift. Where employees are scheduled for more than
two (2) hours of overtime, they will be granted a paid ten (10)
minute rest period at the time designated by the Employer.
Employees shall receive a three (3) minute paid wash-up
allowance prior to the end of the shift.
24.05
Overtime. Time and one-half (1½) of the single rate of pay
shall be paid for all work in excess of eight (8) hours in any
one (1) day and for all time worked on Saturday, as such. Two
times (2x) the employee's regular hourly rate shall be paid for
all work performed on Sunday and on days on which a
recognized holiday is celebrated. In order to be eligible for the
overtime on Sunday, an employee must work the preceding
Saturday. Overtime hours on Sunday must not exceed hours
worked on Saturday.
No Pyramiding. In no event shall overtime or premium pay
provided for in this Agreement be pyramided or duplicated.
Whenever two (2) provisions are applicable to the same time
worked, only the one (1) yielding the largest amount of pay
shall be applied to satisfy the requirement of all applicable
provisions.
24.06
24.07
(a)
Overtime work shall be on a voluntary basis, and it is
mutually agreed that overtime shall be distributed as
equally as possible among the employees who normally
perform the work.
(b)
For the purpose of distributing overtime it shall be
distributed equally in the following departments by the
employees working in the affected department.
1.
2.
3.
Assembly Department
Shipping
Maintenance
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4.
5.
6.
Set-Up
Receiving
Fabrication
(c)
Employees temporarily assigned to a particular job will
be offered any available overtime in that particular job
before other employees.
(d)
Employees who commit to weekend and/or holiday
overtime work and do not show up for their shift will
be charged with an absence for attendance
purposes.
24.08
Shift Choice: All shift work shall be on seniority basis, and the
senior employee shall have first choice of shifts; however, it is
agreed that if two (2) employees in the same capacity
mutually agree to their choice of shifts, then the Employer
shall sanction such Agreement.
24.09
There shall be a shift premium of fifty (.50¢) cents per hour.
ARTICLE 25 - GENERAL
25.01
Sexual Harassment in the Work Place. The Company shall
maintain a working environment which is free from sexual
harassment.
(a)
Scope. This policy applies to all employees in the
Bargaining Unit of Cooper Industries, Crouse-Hinds
Division, Mississauga.
(b)
Purpose. The purpose of this policy is to express the
Company's position that it will not tolerate sexual
advances or harassment in the workplace and to comply
with Provincial Regulations as stated in the Human
Rights Code, 1981, Ontario.
(c)
General Policy. It is the Company's policy to maintain a
work environment free from discrimination and to prohibit
sexual advances or harassment among its employees.
Given the nature of this discrimination, the Company
realizes that the question of whether a particular action
constitutes sexual harassment requires a determination
based upon the facts.
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The confidentiality of such information should be
emphasized to protect innocent men and women from
the effects of false accusation. The Company expects all
employees to act responsibly in maintaining a work
environment free of discrimination in any form.
(d)
Definition of Sexual Harassment or Advances.
Unwelcome sexual advances, requests for sexual
favours and other verbal or physical conduct of a sexual
nature constitutes sexual harassment when:
(i)
Submission of such conduct is made either
explicitly or implicitly a term or condition of an
individual's employment.
(ii)
Submission to, or rejection of, such conduct by an
individual is used as a basis of employment
decision affecting such individual.
(iii) Such conduct has the purpose or effect of
substantially interfering with the individual's work
performance or creating an intimidating, hostile or
offensive working environment.
(e)
The following three-step program of
Procedure.
reporting, investigation and corrective measures is to be
used for suspected incidents of sexual harassment.
(i)
Reporting. Whenever an employee has reason to
believe he/she has been subjected to a
discriminating work environment because of sexual
advances or harassment, the employee should
promptly report such incidents to the International
Union Representative or any management official
they choose. The individual receiving the complaint
is to report to the Employee Relations Manager who
will inform the Vice-President of Employee
Relations.
No retaliation in any form will be
tolerated toward an employee reporting such
incidents.
(ii)
Investigations.
Upon notice of any reported
incidents of alleged sexual advances or
harassment, the Employee Relations Department
26
with a representative of the International Union will
promptly conduct a full investigation of the matter.
The investigation will include an opportunity for the
accused employee to be heard.
(iii) Corrective Measures.
Upon completion of the
investigation, the Employee Relations Department
will prepare a full report and discuss with the
appropriate managers and International Union
Representatives. If the investigation substantiates
the accusations, appropriate action will be taken by
the responsible manager. This may include but not
be limited to: reprimand, suspension and dismissal,
depending upon the nature and severity of the
offence. Appropriate action will also be taken in the
event the accusations are intentionally false and
malicious in intent.
(f)
25.02
Every manager and supervisor is
Responsibility.
responsible for maintaining a work environment free from
sexual harassment and to take appropriate action if an
incident occurs. The Manager of Employee Relations
will ensure appropriate actions are taken.
Humanity Fund. The Company agrees to deduct on a weekly
basis the amount of (not less than $0.01) per hour from the
wages of all employees in the bargaining unit for all hours
worked and, prior to the 15th day of the month following, to
pay the amount so deducted to the "Humanity Fund" and to
forward such payment to the United Steelworkers, National
Office, 234 Eglinton Avenue East, 7th Floor, Toronto, Ontario
M4P 1K7, and to advise in writing both the Humanity Fund at
the aforementioned 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.
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ARTICLE 26 - INSURANCE, WELFARE BENEFITS & PENSION
26.01
The Company agrees that during the terms of this Agreement
they will provide the Insurance-Welfare Benefits as set out in
Schedule "B" attached hereto and made part of this
Agreement, for all employees and their eligible dependants.
26.02
The Company further agrees that all eligible employees shall
be covered by the terms of the Company Pension Plan as set
out in Schedule "C" attached hereto and made part of the
Agreement.
ARTICLE 27 - TERMINATION
27.01
This Agreement shall become effective on the 31st day of
May 2008 AD, and shall continue in effect up to and including
the 30th day of May, 2011 AD.
27.02
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.
27.03
If pursuant to such negotiations, an agreement is not
reached on the renewal or amendment of the agreement,
nor a new agreement made prior to the current expiration
date, this Agreement shall continue in full force and effect
until a new agreement is signed between the parties or
until the conciliation proceedings prescribed by law have
been completed, whichever shall first occur.
28
29
SCHEDULE "A"
WAGES & JOB CLASSIFICATIONS
1.
Lump Sum Payment. In year one (1) of this agreement, a
payment of one thousand, three hundred and fifty dollars
($1350.00), payable under separate cheque to all active
bargaining unit members, and inactive employees when they
return.
2.
Wage Rates. The wage rates to be paid to employees covered by
this Agreement are set forth below.
3.
Classification and Hourly Rates of Pay
Effective:
4.
May 31, 2008
May 31, 2009
May 30, 2010
Assembler – I
Assembler – II
Assembler – III
Assembler – IV
$16.53
$15.45
$15.02
$14.03
$16.93
$15.85
$15.42
$14.43
$17.33
$16.25
$15.82
$14.83
Material Handler – I
Material Handler – II
Material Handler – III
Material Handler – IV
$16.83
$16.13
$15.86
$14.76
$17.23
$16.53
$16.26
$15.16
$17.63
$16.93
$16.66
$15.56
Fab/Machining – I
Fab/Machining – II
$17.02
$15.56
$17.42
$15.96
$17.82
$16.36
Assembly Set-Up
$15.92
$16.32
$16.72
Maintenance
$15.02
$15.42
$15.82
Equipment Maintenance
$16.99
$17.39
$17.79
Skid-Making
$15.40
$15.80
$16.20
Wire Person
$19.02
$19.42
$19.82
Level I Responsibilities. A Level I employee is responsible for
instructing, training, and otherwise leading employees in the group
in the performance of their work. The Level I employee is also
responsible for the quality of the work performed by the group.
30
5.
Inventory Rate. On annual inventory, employee will receive rate of
employee's regular job or Material Handler Level III, whichever is
greater.
SCHEDULE "B"
BENEFITS
1.
Weekly Disability Pay. Employees who have completed ninety (90)
days of employment and who become disabled by reason of nonoccupational illness or accident will be eligible for weekly disability
payments (on a fully co-ordinated basis with payments from other
sources) for the period of their disability, but not exceeding twentysix (26) weeks during any 12 month period as follows.
Commencing with Disability that occurs on or after June 1,
2008, the weekly rate will be $280.00 per week.
As a condition of the eligibility for disability pay, the employee shall
furnish the Employer a doctor's statement after three (3)
consecutive days' absence. Payments of weekly disability pay
commence:
2.
(a)
On the fourth (4th) day of absence in the case of illness for
which the employee is not hospitalised, and
(b)
From the first (1st) day of absence in the case of an accident
or illness for which the employee is hospitalised.
(c)
From the first (1st) day of absence in the case where
ambulatory/outpatient care (i.e., day surgery) is required.
Insurance.
benefits:
The employer will provide the following insurance
(a)
Full cost of the Ontario Health Insurance Plan (semi-private);
(b)
One-half (1/2) of the cost of the Canadian Pension Plan;
31
(c)
Life insurance in an amount equal to the employee's annual
gross earnings;
(d)
Drug Plan under which employee pays the first Ten Dollars
($10.00) for single coverage, and the first Twenty Dollars
($20.00) for family coverage per year, and thereafter are
reimbursed one hundred percent (100%) of cost for drugs and
related items, as defined by the terms of the Group Insurance
Policy (Manulife Group Policy #7093-12-000-002), which is
currently in effect;
(e)
The cost of a dental plan effective June 1, 2002, benefit levels
to include Preventative at 100%, Minor Restorative (including
endodontics and periodontics) at 80%, Major Restorative at
60%, and Orthodontic at $1,000.00 per child per lifetime.
Preventative, Minor Restorative and Major Restorative
combined have a $1,000.00 per person per calendar year
maximum. The annual deductible is $25.00 per person and
$50.00 per family. The services covered will be paid in
accordance with the current ODA Fee Guide. Employees
may elect to enrol their dependants in the same dental plan,
and
(f)
The reasonable and customary charges for physiotherapy
treatment.
(g)
The full cost of Orthotic insoles for employees only.
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SCHEDULE "C"
DEFINED CONTRIBUTION REGISTERED PENSION PLAN
FOR BARGAINING UNIT EMPLOYEES OF
CROUSE-HINDS/COOPER LIGHTING DIVISION
COOPER INDUSTRIES (CANADA) INC.
MISSISSAUGA, ONTARIO.
Effective date:
2008
Contribution Rate:
Effective June 1, 2005, the Company shall
contribute for all employees seventy
($0.70) cents per hour worked to the
Pension Plan.
Contribution Hour:
Each hour of active employment beginning
on the Effective date for which the
employee receives pay from the Company
including overtime, vacation and holiday
hours, but not including pay for any
absence or other periods during which
duties are not being performed.
Vesting Service:
Continuous
employment
with
the
Company. All service prior to the effective
date counts as vesting service.
Vesting Schedules:
Less than two (2) years vesting service 0%
Two or more years vesting service 100%.
Registered Pension Plan:
Employee contributions of up to one dollar
and fifty cents ($1.50) per hour in ten cent
(.10¢) increments.
33
Normal Retirement:
Age 65. Participants are entitled to 100%
of their account regardless of service.
Early Retirement:
Age 55 and ten years' vesting service.
Late Retirement:
Participants who continue to work beyond
age 65 will continue to receive
contributions and investments earnings to
their accounts until the earlier of age 71 or
actual retirement.
Disability Retirement:
Participants become 100% vested in their
accounts regardless of service upon
becoming totally and permanently disabled.
Death Benefits:
Upon death, a participant's beneficiary will
be entitled to 100% of the account
regardless of age or service.
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LETTER OF UNDERSTANDING
BETWEEN
CROUSE-HINDS/COOPER LIGHTING DIVISION
COOPER INDUSTRIES (CANADA) INC
AND
THE UNITED STEELWORKERS
TEMPORARY TRANSFERS
Employees will be temporarily transferred into material handling for a
period not to exceed sixty (60) working days. The sixty (60) days does
not count in cases of sickness, accident, or authorized leave of
absence. The Company agrees to limit the number of temporary
transfers to three (3) times per year and up to three (3) people at one
time. This letter of understanding shall be renegotiated at the
conclusion of the first year of the contract, on or before June 1, 2006.
35
LETTER OF UNDERSTANDING
BETWEEN
CROUSE-HINDS/COOPER LIGHTING DIVISION
COOPER INDUSTRIES (CANADA) INC
AND
THE UNITED STEELWORKERS
During the negotiations for a new Collective Agreement, the parties
discussed a "Christmas Shutdown". The Company agreed that the
Company will, in good faith, plan to schedule a "Christmas Shutdown"
each year. The "Christmas Shutdown" is to run from Christmas Day
through New Year's Day.
In order to schedule a "Christmas Shutdown" without loss of pay to the
employees, available floater holidays are to be used. Additional days
that may be needed will be made up as in the past.
It is understood that exceptions may have to be made in order to meet
customer requirements.
The Company will use its best efforts to minimize exceptions.
36
LETTER OF UNDERSTANDING
BETWEEN
COOPER INDUSTRIES, CROUSE-HINDS DIVISION
- AND THE UNITED STEELWORKERS
It is agreed and understood that the rate of pay known as the "Christmas
Bonus" shall be retained and paid by the Company to those employees
currently receiving this rate.
This rate is fixed and is in addition to the regular hourly rate of their
particular job class and/or any applicable premiums.
37
LETTER OF UNDERSTANDING
BETWEEN
CROUSE-HINDS/COOPER LIGHTING DIVISION
COOPER INDUSTRIES (CANADA) INC
AND
THE UNITED STEELWORKERS
The parties agree, for the term of this agreement, that employees
working in the positions of Drilling/Tapping Set-up, Drilling/Tapping
Operator, Drilling/Tapping Group Leader, and Fab Shop Set-up shall, at
a minimum, be red-circled at their current wage rate and shall receive
the annual increases during this agreement.
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LETTER OF UNDERSTANDING
BETWEEN
COOPER INDUSTRIES, CROUSE-HINDS DIVISION
AND
UNITED STEELWORKERS .
MULTI-SKILLING ENABLING AGREEMENT
The Union and the Company agree to continue with the implementation of a
multi-skilling process for the hourly workforce of the Mississauga facility.
Both parties agree to maintain a Joint Union/Management Committee made
up of equal members, not to exceed six (6) in total.
- The Committee will establish written criteria for each skill outlined in the
skills model.
- The Committee will consult with the supervisors from the affected
classification when developing skills criteria.
- The Committee may involve a mutually agreeable third party to advise
the parties in the development of the skills criteria.
Base rates for the purpose of this Agreement shall be those set forth in
Schedule 'A' of the current agreement.
When “on the job training” is given, where training would apply toward future
advancement in another classification, as defined in Schedule 'A' 2, such
jobs would be posted for bids. “On the job training” within a classification
would not require posting.
Subject to business needs, promotions based solely upon natural
progression within a classification due to an employee acquiring new
qualifications, skills, knowledge and/or ability would not require posting.
When/if progression at Level I has reached 10% for assembly and material
handling classifications, management reserves the right to suspend further
progression pending a change in business requirements.
This Enabling Agreement will control to the extent that there is conflict with
the 2002 Labour Agreement.
39