COLLECTIVE AGREEMENT
-BETWEENABC AUTOMOTIVE INC.
-AND-
AND ITS
LOCAL 123
EXPIRES: THIS YEAR
1
TABLE OF CONTENTS
Article 1
Purpose
4
Article 2
Recognition
4
Article 3
Management’s Rights
4
Article 4
Union Security
5
Article 5
Strikes & Lockouts
6
Article 6
General
7
Article 7
Representation
7
Article 8
Grievance Procedure
9
Article 9
Arbitration
10
Article 10
Discharge and Suspension Cases
11
Article 11
Discipline
11
Article 12
Seniority
11
Article 13
Layoff & Recall
13
Article 14
Posting of Jobs
14
Article 15
Temporary Transfer
15
2
Article 16
Leave of Absence
15
Article 17
Bulletin Board
16
Article 18
Hours of Work
16
Article 19
Overtime & Overtime Rates
17
Article 20
Shift Premium
18
Article 21
Breaks
18
Article 22
Reporting Allowance
18
Article 23
Call-Back Pay
18
Article 24
Injury Allowance
19
Article 25
Jury Duty & Subpoenaed Witness
19
Article 26
Bereavement Pay
19
Article 27
Payment of Wages
20
Article 28
Paid Holidays
20
Article 29
Vacations
21
Article 30
Health and Welfare
23
Article 31
Classification & Wage Rates
23
Article 32
Duration
24
3
Article 33
Sickness due to Heat
24
Article 34
Paid Education Leave
24
Article 35
Health & Safety
25
Article 36
Substance Abuse
26
Letter of Understanding # 1 - Lunchroom, Washroom & First Aid
28
Letter of Understanding # 2 - Tuition Fees & Book Refund
29
Letter of Understanding # 3 – Parking
30
Letter of Understanding # 4 - Protective Clothing
31
Letter of Understanding # 5 – Moving Location
33
Letter of Understanding # 6 – National Day of Mourning
33
Letter of Understanding # 7 – New Employee Orientation
34
Letter of Understanding # 8 – Workplace Harassment
35
Letter of Understanding # 9 – Copy of Agreement
38
Schedule “A” Wages and Classifications
39
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ARTICLE 1 – PURPOSE
1.01
The general purpose of this agreement is to establish and maintain
collective bargaining relations between the company and its employees
and the Union, and to provide machinery for the prompt and equitable
disposition of grievances and to establish and maintain mutually
satisfactory working conditions, hours of work, wages, and all other
conditions of employment for all employees who are subject to the
provisions of this Agreement.
ARTICLE 2 - RECOGNITION
2.01
The Company recognizes the Union as the sole and exclusive
bargaining agent for all employees of the Company in Bigtown, Ontario,
save and except supervisors, persons above the rank of supervisor, office,
clerical, engineering, process technicians, sales staff and students
employed for the summer.
2.02
Supervisors and non-bargaining employees shall not perform
bargaining unit work except for the purposes of :
a) training employees
b) emergencies
c) process development, refinement and troubleshooting
In addition to the above, the Maintenance Supervisor shall be permitted to
perform bargaining unit work for which maintenance employees are not
qualified to perform, provided such work does not amount to more than
50% of his time at work.
The above exceptions shall not be used for the purpose of reducing any
bargaining unit employee’s regular hours of work.
2.03
The Company will supply the Union with a list of supervisors, and
will keep such list up to date at all times.
ARTICLE 3 - MANAGEMENT'S RIGHTS
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3.01
3.02
The Union recognizes and acknowledges that the management of
the plant and direction of the working forces are fixed exclusively in the
Company and, without restricting the generality of the foregoing, the Union
acknowledges that it is the exclusive function of the company:
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to operate and administer its affairs, to direct the working forces, to
plan, direct and control operations;
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to determine the number of employees to be employed, and the right to
hire, promote, transfer, layoff and recall employees;
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to suspend, discharge or otherwise discipline employees for just
cause;
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to make, enforce, and alter, from time to time, rules and regulations
covering the operations which are to be observed by the employees
and a violation of which shall be among the reasons for discipline or
discharge
subject to the grievance procedure (such rules and
regulations shall not be inconsistent with provisions of this agreement);
substantive changes in or additions to such rules and regulations will
be brought to the attention of and meaningfully discussed with the
plant committee prior to implementation thereof;
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to determine the nature and kind of business conducted by the
Company, the kinds and locations of plants, equipment, product
components, parts and materials to be used, parts components,
products, materials, services and / or equipment purchased and / or
leased, the control of materials and parts, the methods and techniques
of work, the content of the jobs, the schedules of production, and the
quantity of production;
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to determine the extension, limitation, curtailment or cessation of
operations or any part thereof, and to determine and exercise all other
functions and prerogatives which shall remain solely with the
Company, and to manage the operations vested exclusively in the
Company, except only as may be specifically limited by an express
provision of this agreement.
The provisions of clause 3.01 are subject to the express terms of this
collective
agreement.
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3.03
The company agrees that it shall not undermine the rights conferred by this
collective agreement by unreasonably exercising the rights set out in clause 3.01
ARTICLE 4 - UNION SECURITY
4.01
All employees shall become and remain members of the Union as a
condition of employment with the Company. Any employee who is hired
subsequent to the date of this Agreement shall become a Member of the
Union within thirty (30) days of his hiring and will be required to continue to
be a Member of the Union as a condition of his employment.
4.02
The Company agrees, when authorized in writing by the Union, to
deduct from the wages of all employees within the Bargaining Unit Union
initiation fees and monthly dues as laid down by the constitution and
by-laws of the Union. At the end of each calendar month and by the 10th
of the following month the Company will remit by cheque to the Financial
Secretary of Local 123, CAW the total of the deductions made together
with a list of those from whom deductions were made and a list of those
members who did not have union dues deducted and the reason why no
deduction took place.
4.03
The Company shall provide the National Union and the Local Union
with an updated mailing list on a quarterly basis.
4.04
The Union agrees to indemnify and hold harmless the Company
against any and all liability which may arise by reason of the check-off by
the Company of Union initiation fees and dues from employees wages in
accordance with this Agreement.
4.05
The Company will indicate on Employees T-4 slip a statement of
the annual union dues which have been deducted.
4.06
The Company agrees to furnish the following information to the
Union Chairperson:
740861240) New hires, classification
740861241) discharges
740861242) resignations
740861243) layoffs
740861244) recalls
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740861245) temporary transfers and changes in classification
740861246) transfers out of the bargaining unit
740861247) employee status (leaves of absence, sickness &
accident benefits, WSIB, LTD)
ARTICLE 5 - STRIKES & LOCKOUTS
5.01
The parties hereto agree that there shall be no lockouts by the
company; no strikes, or other collective action which will stop or interfere
with production or operation of the plant by any employee or the union;
during the term of this agreement.
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ARTICLE 6 – GENERAL
6.01
PAY EQUITY LEGISLATION
The Company and the Union recognize the Pay Equity Legislation in the
Province of Ontario as of January 1995 and agree to negotiate the
provisions addressing this legislation, where so prescribed.
6.02
TECHNOLOGICAL CHANGE
Technological change is defined as changes in technology to the process,
equipment or methods that significantly differ from that previously utilized
by the Company. In the event of technological changes as defined
above, the Company shall give the Union as much advance notice as
possible and will discuss with the Union any anticipated impact on the
workforce resulting from these changes.
Except for maintenance, an employee who is displaced from his/her job
as a result of technological change shall have an opportunity to fill any
vacancy or a new position for which he/she has seniority and which
he/she is able to perform after a period of training of up to ten (10)
working days. For maintenance employees, it is recognized that training in
excess of more than ten (10) working days may be required.
The parties agree to discuss the amount of training to be provided to
maintenance.
ARTICLE 7 - REPRESENTATION
7.01
The Company acknowledges the right of the Union to appoint or
otherwise select from the plant Union membership:
a) a Shop Committee consisting of one (1) Chairperson and two (2)
Committee persons who shall be assigned to the day shift; and
b) stewards who will represent employees on the afternoon and night
shifts.
The plant chairperson will be assigned to the day shift.
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The Company further agrees to recognize the Shop Committee for the
purpose of representation or any other matters arising which concern the
bargaining unit.
Each committee person shall have seniority with the Company at the time
of his or her appointment.
7.02
A National Representative or Representatives of the Union may be
present and participate in any meetings of the Shop Committee with the
Company.
7.03
The Union recognizes and agrees that members of the Shop
Committee have regular duties to perform in connection with their
employment and that only such reasonable time as is necessary will be
taken by such person during working hours to investigate and deal with
grievances.
7.04
Before leaving his regular work to investigate and deal with a
complaint or grievance, a Committeeperson or Steward shall obtain the
permission from the supervisor and such permission will be granted as
soon as reasonably possible but not later than one hour of the request.
The Committeeperson or steward shall report to his supervisor on his
return.
An employee’s request to meet with his committeeperson or steward will
not be unreasonably withheld, and such employee will be allowed
reasonable time to meet with no loss of wages.
In the event that Management meets with an employee(s) for the purpose
of imposing a written warning, suspension or discharge, a
Committeeperson or steward shall be included in this meeting.
7.05
a)
In accordance with this understanding, the Company will compensate
such Committeeperson or steward for the time spent during their
regular working hours in dealing with grievances at their regular rate of
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pay.
b) The Company will contribute to the Union’s negotiating costs for
mutually agreed meetings for the purpose collective bargaining with
the Company on the following basis:
i)
The Company will pay the cost of providing a meeting room;
ii)
The Company will pay to employee representatives of the
Union negotiating committee their normal hourly wages for
negotiating meetings with the Company to a maximum of
eight (8) hours per day of meetings.
7.06
The Union agrees to supply the Company with the names of the
Shop Committee and Stewards, and to keep such list up-to-date at all
times.
7.07
The Shop Committee and the Company representative shall meet
providing there is business for their joint consideration at such times as
may be mutually agreed upon. A request for a meeting will be indicated
by a letter or note from either party to the other party containing an
agenda of subjects to be discussed.
7.08
The Company agrees to provide a telephone, a desk, two chairs,
and a lockable filing cabinet for storage of Union files in an area within the
plant which shall be enclosed by privacy partitions.
ARTICLE 8 - GRIEVANCE PROCEDURE
8.01
8.02
Any complaint arising between the employees and the Company,
shall be considered as a grievance and shall be dealt with as speedily and
effectively as possible, in accordance with the following procedure:
STEP 1
Any employee having a grievance shall first take the matter up with his
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supervisor. If no satisfaction is received within twenty-four (24) hours, the
grievance shall then be submitted in writing by the Committeeperson or
Steward not later than the second working day next following the day
upon which the employee received the response from the supervisor. The
supervisor shall respond in writing to the grievance committee within
three (3) working days.
8.03
STEP 2
If the decision of the supervisor be not satisfactory to the employee
concerned he may appeal by lodging an appeal in writing with the plant
manager within five (5) working days of the delivery of the supervisor’s
decision. Thereupon the grievance shall be placed upon an agenda for
consideration at a conference between the Management and the Shop
Committee which shall be held within ten (10) working days of the appeal
to the plant manager. Management's decision on the grievance shall be
given in writing within four (4) working days following the conference, and
if the decision be still unsatisfactory to the employee, the grievance may
be submitted to arbitration in accordance with 9:01.
8.04
The agenda for the conference provided in Step 2 above shall be
supplied by the Chairperson of the Committee to Management at least
twenty-four (24) hours before the conference at which the appeals
thereon are listed for discussion.
8.05
If the union or grieving employee fails to appeal the grievance
within the time frame specified in the grievance procedure, the grievance
will be deemed abandoned and withdrawn. If the Company fails to meet
the time limits set out in this article, the grievance shall be deemed ruled
in favour of the grievor. A grievance conceded under this provision will be
without precedent or prejudice to any similar grievances.
Any allegation by either the Union or the Company that the other
party has violated or misinterpreted this Agreement may be lodged in
writing as a policy grievance, if by the Union to Management and if by the
Company to the Chairperson of the Committee.
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Thereafter the policy grievance shall be dealt with as Step 2 of the
Grievance Procedure and failing satisfactory settlement at the
conference, the policy grievance may then be appealed to an arbitrator in
accordance with the time limits and procedure herein provided for
arbitration.
8.06
The time limits foreseen at the various steps of grievance
procedure may be extended by mutual consent, in writing, by both the
Company and the Union.
ARTICLE 9 - ARBITRATION
9.01
If Management's decision given following the conference in Step 2
of the Grievance Procedure is not satisfactory to the employee concerned,
such grievance may be submitted to arbitration provided written notice of
appeal to arbitration is served on Management within twenty (20) working
days of the delivery of the Management decision appealed from, such
appeal to be to an impartial arbitrator to be selected by the parties. If the
parties fail to select an arbitrator within ten (10) working days after the
receipt by Management of the notice of appeal then either party may
within a further ten (10) working days request the Minister of Labour to
designate an arbitrator within the aforesaid further ten (10) working days.
The decision of the arbitrator shall be final and binding on both parties.
The cost of the arbitrator shall be shared equally by the Company and the
Union.
9.02
The arbitrator shall not have the jurisdiction to alter or change any
of the provisions of this Agreement, or to substitute any new provisions in
lieu thereof, nor to give any decision inconsistent with the terms and
provisions of this Agreement, or to deal with any matter not covered by
this Agreement. The arbitrator, however, in respect of a grievance
involving a penalty shall be entitled to modify such penalty.
9.03
All reasonable arrangements will be made to permit the conferring
parties to have access to the plant to view any disputed operations
involved in the grievance.
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ARTICLE 10 - DISCHARGE AND SUSPENSION CASES
10.01
When an employee has been dismissed or suspended on the
Company premises, he shall be advised that he may interview his
Committeeperson in private for a reasonable period of time before leaving
the plant premises.
10.02
A claim by an employee that he has been wrongfully suspended, or
discharged, shall be treated as a special grievance. A written statement
of such special grievance shall be lodged with the Plant Superintendent
or his designated representative within three (3) working days of such
suspension or discharge and shall be dealt with at Step 2 of the
Grievance Procedure, and failing satisfactory settlement at the
conference, the special grievance may then be appealed to an arbitrator
in accordance with the time limits and procedures herein provided for
arbitration.
ARTICLE 11 - DISCIPLINE
11.01
When a derogatory notation, including suspension is placed
against the record of an employee, notice of such notation shall be given
to the employee who may treat the same as a grievance and proceed
accordingly:
(a)
Unless a notice of such notation is given within a reasonable time,
not in any event to exceed three (3) working days after the later of
the occurrence or when the company became aware of the
occurrence, providing the employee is at work in the plant, such
derogatory notation shall not thereafter be used for the purpose of
taking disciplinary action against the employee.
(b)
No written disciplinary action shall remain on the employee’s
record longer than twelve (12) months. In calculating this time
period, only time actually worked by the employee, including paid
vacations and paid holidays, will be taken into account.
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ARTICLE 12 - SENIORITY
12.01 (a)
New hires shall be considered probationary until they have completed a
total of sixty (60) days actually worked within a twelve (12) consecutive month period,
after which they shall be assigned a seniority date which shall be their date hire.
It is understood that a probationary employee will be considered to have worked
a day provided they work in excess of four (4) hours of their scheduled shift.
(b)
Where the Company, at any time during the probation, determines that in
its sole opinion that a probationary employee does not have the potential,
capability or general suitability for continued employment, it shall have the right
to discharge such probationary employee provided that it does not act in bad
faith or in a discriminatory manner or contrary to the provisions of the Ontario
Human Right Code.
12.02 A seniority list of employees shall be maintained by the Company on a plant-wide
basis and shall show the seniority date of each employee. This list shall be
updated every three (3) months, posted in the workplace and furnished to the
Chairperson. A mailing list containing addresses and telephone numbers of union
members as last provided to the company by such union members, shall be
provided to the union every six (6) months.
12.03 When an employee is discharged or laid off the Company will notify the
Chairperson of the Shop Committee in writing.
12.04 If an employee who is covered by the terms of this Collective Agreement on or
after Ratification, is promoted or transferred to a job outside the bargaining unit,
then that person shall have the right within a period of forty-five (45) calendar
days following the date on which he was transferred or promoted to a job
outside the bargaining unit, to return to the bargaining unit in line with his
seniority.
12.05 An employee while retained on the seniority list during layoff accumulates
seniority during such period.
12.06
An employee’s seniority will be lost and the employee deemed to be
terminated:
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(a)
If an employee quits his/her employment and does not rescind the
notice to quit within the balance of the shift during which the
notification was given, or within twenty-four (24) hours where
extenuating circumstances or duress was involved.
(b)
If an employee is discharged and such discharge be not reversed
through the Grievance Procedure.
(c) If an employee fails to return to work within three (3) consecutive
scheduled working days after receipt of notice being notified of recall
issued by the company and sent registered mail to the last known
address of the employee shown in the Company’s records or six (6)
scheduled working days from the day the company mailed the
registered letter, or whichever is later. An employee so notified may
contact the Company within the specified three (3) day period and
request an additional consecutive three (3) scheduled working day
period within which to report for work. Any employee who so requests
shall be granted the additional three (3) day period without loss of
seniority.
(d)
If an employee is absent for three (3) consecutive working days
and:
i)
ii)
12.07
they fail to report their absence to the company without a
satisfactory reason; or,
they are absent for this period without a satisfactory reason.
(e)
months.
If an employee is laid off for a period exceeding thirty-six (36)
(f)
If the leave of absence has been utilized for the purposes other
than those for which the leave of absence was granted.
(g)
If the employee retires or is retired at the age of sixty-five (65).
The Shop Committee will be retained at work, notwithstanding their
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position on the
seniority list so long as work is available for which they have the skill,
ability and
qualifications to satisfactorily perform.
12.08 When an employee is absent due to an illness or injury covered by the Worker's
Compensation Board and is declared able to return to work. Both the Company
and the Union agrees that such employee may be placed on any job to which
the W.C.B. and employee's Doctor agree is within his/her capacity, provided it
does not conflict in the job posting or seniority procedures of the Collective
Agreement. Such employee, however, will be laid-off in accordance with their
plant-wide seniority should a layoff occur.
ARTICLE 13 - LAY-OFF & RECALL
13.01 Except where a layoff is due to a stop delivery direction by a customer, a
program or order cancellation by a customer effective in less than three (3) days,
fire, lightning, power failure, storms or similar causes beyond the control of the
Company, the Company will give as much notice of layoff as practicable but
shall not give less than three (3) working days notice.
13.02 Whenever it becomes necessary to decrease the working force, probationary
employees will be the first laid off. If further layoffs are necessary, senior
employees will be entitled to displace junior employees provided they have the
skill, ability and qualifications to satisfactorily perform the required work.
13.03 Employees who have been laid off in accordance with the above provisions will
be returned to work in order of seniority, provided they have the skill, ability and
qualifications to satisfactorily perform the required work.
13.04 The Company will provide the Chairperson of the Union Plant Committee with a
list of employees to be laid off or recalled, also any cancellation of such notices.
ARTICLE 14 - POSTING OF JOBS
14.01
a) Whenever new jobs or vacancies occur, notices of such vacancies or
new jobs shall be posted in the plant on the bulletin board for a period of
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three (3) regular working days. Any employee wishing to apply shall do so on
forms to be supplied by the company within three (3) regular working days of
the posting.
b) In selecting the successful applicant for such postings, senior employees
shall be given preference where the present skill, ability and qualifications of
the applicants are relatively equal.
c) successful applicants shall receive the new rate the earlier of when they start
working in their new position or ten (10) days following the removal of the job
posting notice.
14.02 AREA LEADERS
It is agreed that from time to time Area Leaders (Levels 1 or 2) may be required.
In addition to their regular work, their duties shall include training, instructing,
assisting and allocating work within their classification. They shall not play any
role in any disciplinary process. When Area Leaders are needed, the position
shall be posted. The Union shall be notified of the successful applicants.
14.03 When Management creates a new classification not covered by this Agreement,
Management representatives will meet with the Shop Committee and advise the
Committee of the classification title and wage rate it has established for the new
job. If the committee is not in agreement with the classification or wage rate and
the Committee and the Management cannot resolve the difference, then the
Committee shall treat the matter as a Union policy grievance under Article 9.
In the event that the Shop Committee and Management agree upon a rate
different from that established by the Company, the new rate shall be retroactive
to the date upon which the matter was presented to the Company as a policy
grievance.
While any matter hereunder is pending, the employee who may be assigned that
particular job in question shall nonetheless fully perform such job in the manner
required by the Company.
ARTICLE 15 – TEMPORARY TRANSFER
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15.01
A temporary transfer is a transfer of an employee to a classification other
than his/her regular classification. A transfer shall be considered
temporary provided it does not exceed fifteen (15) calendar days and if
such transfer exceeds this period it will be posted for job bidding. This
period may be extended by mutual agreement of the Company and the
Union.
15.02
When it becomes necessary to temporarily transfer an employee to a
classification other than his/her regular classification the following will
apply:
a) the temporary transfer shall be offered to employees having the skill,
ability and qualifications to perform the required work in order of
seniority;
b) if such employees do not accept the temporary transfer, the least
senior of such employees shall be temporarily transferred;
c) the temporary transferred employee shall be paid the higher of his/her
classification rate or the rate of the classification into which he/she has
been temporarily transferred.
ARTICLE 16 - LEAVE OF ABSENCE
16.01 The Company will grant leave of absence without pay (retroactive when justified
by the circumstance) to:
a) Any employee for legitimate personal reasons, and any person who is absent
with such written permission shall continue to accumulate seniority during
his/her absence. It is agreed that the Company will provide the Union with a
copy of each leave of absence authorization.
b) A leave of absence without pay for all or part of a working day shall be
granted upon application by the Chairperson for members of the Shop
Committee to attend to Union business, provided the request is made in
writing to Management as soon as possible and not less than two (2) working
days prior to the commencement of the requested leave of absence.
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c) The Company will grant pregnancy and parental leaves without pay in
accordance with the relevant legislation as follows:
i)
ii)
pregnant employees will be entitled to a pregnancy leave of
a maximum of seventeen (17) weeks and a parental leave of
a maximum of thirty-five (35) weeks for a total of fifty-two
(52) weeks; and,
all other employees will be entitled to a parental leave of a
maximum of thirty-five (35) weeks.
16.02
For employees with seniority the Company will accept as a
satisfactory reason under Clause 12.07(d) for absence of an employee up
to one hundred and twenty (120) days, for conviction of an offence arising
out of the operation of a motor vehicle as well as any absence because
he/she is being held in custody pending disposition of the charges
against him/her, provided he/she has notified the company within the
time frame specified in 12.07(d).
Agreed
16.03
The Company will allow employees one (1) day of paid leave of
absence on the day that they receive their Canadian citizenship.
ARTICLE 17 - BULLETIN BOARD
17.01
The Company will provide a bulletin board beside the time clock
enclosed with locks and keys for the Union to post notices of Union
activities, subsequent to all such notices being signed by the proper
officer of the Union and approval of Management prior to posting such
notices.
ARTICLE 18 - HOURS OF WORK
18.01
Subject to 17.04 the normal hours of work shall be eight (8) hours
per shift, Monday to Friday as follows:
a) Day shift – 07:00 to 15:00
b) Afternoon shift – 15:00 to 23:00
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c) Night shift – 23:00 to 07:00
18.02
Nothing in this collective agreement shall be construed as a guarantee of
a minimum number of hours of work per week.
ARTICLE 19 - OVERTIME AND OVERTIME RATES
19.01 Overtime will be paid as follows:
a) at the rate of 1 ½ times after 8 hours per day or for all hours
worked on a Saturday and,
b) at the rate of 2 times for all hours worked over 12 hours per day,
all hours worked on Sunday, except for Monday start-up, or all
hours worked on Paid Holidays.
19.02
For off-shift workers, unless otherwise agreed upon the shift which
commences on
the evening before the holiday shall be considered as the shift for that
holiday.
19.03 The Company will equalize overtime among employees usually performing the
work in accordance with the following:
1.
A list shall be posted on Thursday of each week
showing the accumulated overtime hours of each
employee.
2.
In the event of overtime being scheduled, the
employee with the lowest overtime hours shall be
asked; however, it is agreed that no grievance will
be filed when the disparity of hours between
employer is eight (8) hours or less of overtime
worked. Employees asked to work overtime shall
initial the list to signify their agreement or refusal to
work the overtime.
3.
Employees shall be charged for overtime on the
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basis of hours paid (e.g. 8 hrs at 1-1/2 =12 hours
charged. 8 hrs at double time = 16 hours charged)
4.
In the event an employee does not get twenty-four
(24) hours notice of overtime then the employee will
not be charged for the overtime worked should he
or she exercise his or her right to refuse.
5.
Should an employee be absent because of
sickness, accident, compensable injury, leave of
absence or vacation, such employee will be charged
for all overtime hours he or she would have been
scheduled to work had they not been absent for the
above shown reasons.
19.05 All overtime work will be on a voluntary basis.
19.06 Overtime and premium rates of pay will not be pyramided.
ARTICLE 20 - SHIFT PREMIUM
20.01
A shift premium of $0.40 per hour will be paid for the afternoon shift
and $0.75 per hour will be paid for the night shift.
ARTICLE 21 - BREAKS
21.01
The Company will provide a ten (10) minute paid break in the first
half of the shift and a twenty (20) minute paid lunch break in the second
half of the shift. A further ten (10) minute paid break will be provided prior
to the commencement of any overtime of more than one hour.
ARTICLE 22 - REPORTING ALLOWANCE
22.01
Any employee reporting for work on their regular scheduled shift,
and who has not been properly notified not to report will receive a
minimum of four (4) hours pay at the applicable hourly rate.
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22.02
Employees who have commenced the second half of their shift
shall be paid for the balance of the shift.
ARTICLE 23 - CALL BACK PAY
23.01
Any employee who has completed his shift and has clocked out
and is then called back to work on overtime shall receive a minimum of
four (4) hours pay at the appropriate overtime rates for such additional
work,
ARTICLE 24 - INJURY ALLOWANCE
24.01
An employee injured on the job shall be paid for the balance of his
shift on which the injury occurred if, as a result of such injury, the
employee is sent home by the Company or is sent to an outside hospital
and a doctor at such hospital or the employee's own doctor certifies that
the employee should not return to work. The Company will make
available transportation for such injured employee.
ARTICLE 25 - JURY DUTY AND SUBPOENAED WITNESS
25.01
The Company will make up the difference between the amount of
money per day an employee received while serving as a member of a jury
(not including travel allowance or reimbursement for expenses), including
coroner's juries or subpoenaed witness except where the employee is
subpoenaed by the union, to an amount equal to the normal eight (8)
hours pay which he would have been eligible to receive for working that
day.
25.02
Any employee who, by reason of any summons, subpoena, writ,
petition or other legal process, is required by law to do anything, shall be
granted an immediate leave of absence for the period of time required for
such employee to complete anything that the employee is required to do
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by reason of any such summons, subpoena, writ, petition or other legal
process and the employee shall retain and accumulate seniority while on
such leave of absence.
ARTICLE 26 - BEREAVEMENT PAY
26.01
In the event of the death of a spouse, child, child of current spouse,
mother or father, sister or brother of any employee covered by this
Agreement, such employee shall be granted an excused absence of three
(3) working days at his base rate of pay, inclusive of all premiums and shift
differentials for the purpose of attending the funeral and conducting other
associated activities.
In the event of the death of a father-in-law or mother-in-law, sister-in-law
or brother-in-law, child-in-law, step-parent or a step-parent of a current
spouse, stepchild, stepsister, or stepbrother, grandparents of a current
spouse, grandparents and grandchildren of any employee covered by this
Agreement, such employee shall be granted an excused absence of one
(1) working day at his base rate of pay, inclusive of all premiums and shift
differentials for the purpose of attending the funeral and conducting other
associated activities.
26.02
An employee shall not be disqualified for bereavement leave
because he/she is on vacation and may take his/her vacation at another
time to be scheduled later.
ARTICLE 27 - PAYMENT OF WAGES
27.01
Payment of wages shall be made weekly by direct deposit during
working hours on Thursdays. The day shift shall be paid prior to the last
break period. The midnight shift shall be paid before the end of the shift
and the afternoon shift shall be paid before lunch.
27.02
All legitimate pay cheque shortages shall be paid on Friday for
shortages payable on that week's pay, providing such shortages are due
to the Company's error.
27.03
The above is conditional on the proper signing officers availability
on Friday.
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27.04
An employee who is upgraded shall have his/her wages adjusted
on the date of such assignment.
27.05
Cheque stubs will contain year to date wages and deductions.
Article 28 – Paid Holidays
28.01 The Company will provide paid holidays to all employees with seniority for each
year of the agreement as follows:
Family Day
Good Friday
Victoria Day
Canada Day
Civic Holiday
Labour Day
Thanksgiving Day
Employee's Birthday
Christmas day
Boxing Day
New Years Day
28.02 An eligible employee shall be paid eight (8) hours at his/her straight time hourly
rate, (excluding off shift and overtime premiums) in the following circumstances:
(a)
They are laid off by reason of reduction in the number
of employees in the Company's plant occurring not
more than twenty (20) working days prior to the day of
observance of the holiday(s);
OR
(b)
They are absent because of non-occupational
accident or sickness the commencement of which
was not more than twenty (20) working days prior to
the day of observance of the holiday(s);
OR
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(c)
They are absent on an approved vacation or leave of
absence for the purpose of conducting union business
other than as a full-time officer of the Union.
28.03
Subject to the qualifying provisions set out in this article, a
probationary employee shall be paid holiday pay equal to the total amount
of the regular wages earned by such employee during the four (4) work
weeks before the work week in which the holiday occurs divided by twenty
(20).
28.04
An employee will not be entitled to be paid for a holiday if he/she
fails without reasonable cause to work all of his/her last regularly
scheduled day of work before the holiday or all of his/her regularly
scheduled day of work after the holiday. Employees who have secured
permission to take the day off before and/or after the holiday will be
deemed to have met the eligibility requirements for the paid holiday.
Article 29 – Vacations
29.01
For each week of vacation entitlement employees will receive
vacation pay calculated on the basis of gross earnings paid by the
company during the vacation year as follows:
Period of Service
Weeks of Vacation
Less than 1 year
1 year but less than 5 years
5 years but less than 10 years
10 years and more
1 week
2 weeks
3 weeks
4 weeks
Percent of wages
paid by company
4%
4%
6%
8%
Based on the above, where an employee becomes eligible for
additional vacation, the applicable higher percentage of gross earnings will
be effective as of January 1 of the year in which the employee’s
entitlement changes.
For purposes of this article, gross earnings will include all amounts paid to
the employee by the company during the vacation period, but does not
include payments for taxable benefits, expenses and travel allowances.
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29.02
The company shall have the right to schedule a consecutive two (2)
week summer shutdown during the months of July and/or August.
Employees shall take their vacation during this period, except for
employees required for maintenance and those required to meet specific
customer demands, who may be required to work. The company will notify
employees of when the shutdown will take place the earlier of one (1)
week after being notified by Ford, General Motors, Chrysler and Navistar
of their planned shutdowns or May 15th.
29.03
Any employee working during the summer shutdown shall be
permitted to take up two (2) consecutive weeks of their vacation
entitlement during July and August, or at such other time as mutually
agreeable to the employee and the company.
29.04
For employees who have vacation time in excess of the summer
shutdown period, the company reserves the right to schedule the excess
vacation time off in such a manner that it will not hinder production
commitments. Subject to the foregoing, preference will be given to senior
employees who submit their vacation requests, in writing, to their
department’s Manager by April 1st, and thereafter preference will be given
to written requests in order of their receipt by the company. Employees
shall use the company “Request for vacation form”. Employees will be
provided with a response to their vacation requests within two (2) weeks of
their submission.
29.05
The vacation year for calculation and eligibility shall be from July 1st
through to June 30th.
29.06
Upon termination of employment or death of an employee, an
employee or an employee’s estate will receive any unpaid vacation
entitlement due to the employee.
29.07
Employees shall receive their vacation pay and a statement showing their
gross pay entitlement at the time of the time of the first pay period following
the first full work week of July.
ARTICLE 30 - HEALTH AND WELFARE
30.01
The Company will pay 100% of the premium for the benefits set out
in the Employees Group Insurance plan booklet dated November, 2009,
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and the employees Group Accidental Death and Dismemberment and
Long Term Disability Benefits booklet dated May 31, 2009
30.02
Terms and Conditions
Eligibility to participate and entitlement under any of the above plans or
any issue concerning benefits shall be subject to the specific provisions of
the insurance policies. The company may select the insurance carrier(s) of
its choice or may change insurance carrier(s) or self-insure if it sees fit;
however, the level of benefits provided shall be equivalent to all those
outlined in the employees booklets described in 30.01.
30.03
The company will continue to pay the premiums for the benefits provided
in this Article for employees absent from work because of illness or
accident for the balance of the month in which the absence commences
and for the following four (4) months. For employees who are laid off,
benefits will be continued for four (4) weeks from the date of lay-off. For
employees on leave of absence, the company will continue benefits as
follows:
a) for the first month of the leave, and ,
b) thereafter, provided the employee pays the total premium for such
benefits.
30.04
Probationary employees shall not be entitled to any of the foregoing
benefits but shall be entitled to coverage immediately on attaining
seniority.
ARTICLE 31 - CLASSIFICATION AND WAGE RATES
31.01
The Company will pay employees according to the wage and
classification structure which shall be written into the Collective
Agreement and form part of the Collective Agreement.
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ARTICLE 32 - DURATION
32.01
"The agreement shall be effective from the 28th day of May, 2001 to
and including the 31st day of January, 2004. Either party shall be entitled
to give notice in writing to the other party as provided in the Labour
Relations Act of its desire to bargain with a view to the renewal of the
expiring collective agreement at any time within a period of 90 days
before the expiry date of the agreement. Following such notice to bargain
the parties shall meet within 15 days of the notice or within such further
period as the parties mutually agree upon.
32.02
Provided that for purposes of all notices under this article, notice in
writing shall be deemed to have been received by the party to whom it is
sent upon the mailing of such notice by registered mail addressed to the
current address of the other party."
ARTICLE 33 - SICKNESS DUE TO HEAT
33.01
The company agrees that when the temperature and humidity in a
particular area of the plant reaches a level that the health of the
employees in that area is in question, the Company will meet with the
union co-chairperson of the joint health and safety committee or his
designate to discuss and agree on a course of action.
ARTICLE 34 - PAID EDUCATION LEAVE
34.01
The Company agrees to pay into a special fund two cents (2 cents)
per hour per employee for all compensated hours for the purpose of
providing paid education leave. Said paid education leave will be for the
purpose of upgrading the employee's skills in all aspects of Trade Union
functions. Such monies to be paid on a quarterly basis into a trust fund
established by the National Union, CAW, and sent by the Company to the
following address: CAW Paid Education Leave Program, 205 Placer
Court, North York, Ontario M2H 3H9.
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34.02
The Company further agrees that members of the bargaining unit,
selected by the Union to attend such courses, will be granted a leave of
absence for twenty (20) days of class time, plus travel time where
necessary, said leave of absence to be intermittent over a twelve (12)
month period from the first day of leave. Employees on said leave of
absence will continue to accrue seniority and benefits during such leave.
34.03
The Company further agrees to supply the Union with the following
information when each contribution is sent to the Paid Education Leave
Program: the Local Union number, the Bargaining Unit(s) covered, the
number of employees, the number of hours used in the payment
calculation and the period of time covered.
ARTICLE 35 - HEALTH AND SAFETY
35.01
The Union proposes a Joint Health & Safety Committee made up
of three (3) Union reps and three (3) Company reps.
35.02
The company and the union recognize the necessity to train all
employees in safe and healthy work practices. Therefore, both parties
agree that qualified individuals on the Joint Health and Safety Committee
shall be permitted to conduct up to eight (8) paid hours of training to all
employees in every year of this agreement. New employees may require
such additional training as the Joint Health and Safety Committee deems
necessary.
35.03
Three (3) weeks paid training over the term of this collective agreement
shall be allocated for occupational health and safety training for the union
co-chairperson of the Joint Health and Safety Committee.
35.04
In addition to duties under health and safety legislation, the duties
of the Joint Health and Safety Committee are as follows:
1.
To attend scheduled monthly meetings, or emergency meetings
when necessary, called either by the Company or the Union. The
company will continue the straight time wages of union committee
persons while performing duties under this article.
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2.
To inspect the facility on a regular basis (monthly) to identify health
and safety concerns and make recommendations for
improvements.
3.
Receive, investigate and dispose of complaints in a timely manner
and prepare necessary reports.
4.
Every industrial injury/illness must be immediately reported by the
employee to his supervisor whereupon the Joint Health and Safety
Committee will investigate.
5.
The union representative will be permitted to leave his regular
duties for a reasonable period of time to perform duties under this
article upon notifying a supervisor.
35.05
The Company will provide the Joint Health & Safety Committee
with complete hazard information and all controlled substances in the
workplace.
35.06
Personal protective equipment required by OHSA or its regulations
designed to protect employees shall be provided by the company.
35.07
Not fewer than two (2) employees shall work in the plant at any one
time.
35.08
Every employee shall have the right to refuse to perform unsafe
work. "Unsafe", shall carry the meaning defined in the Occupational
Health & Safety Act.
35.09
No employee shall be discharged, penalized, coerced, intimated or
disciplined for refusing hazardous work, or a refusal to use any equipment
which is not in safe operating order.
35.10
Local or National Union Health & Safety staff shall be permitted to
visit the workplace upon prior notification of the Company.
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ARTICLE 36 - SUBSTANCE ABUSE
36.01
The Union and the Company jointly recognize substance use and abuse
to be a serious medical and social problem that can be successfully
treated. It is in the best interest of the employee, the Union and the
Company to encourage early intervention and treatment to assist
employees and members of their families towards full rehabilitation. Such
assistance includes, but is not necessarily limited to, identification of the
problem at the earliest stages, motivating the individual to obtain help,
referral of the individual to appropriate treatment and rehabilitation
facilities and a continuing education of employees and Union and
management representatives alike to recognize and deal constructively
with such problems as they arise.
36.02
Any employee who undergoes a prescribed rehabilitative process
will be entitled to sickness and Accident Benefits in accordance with the
Sickness and Accident Plan.
36.03
Effective upon ratification of this collective agreement, the
Company agrees to pay three cents (3 cent) per compensated hour per
employee to a fund to be established by the Local Union. The purpose of
this fund will be to allow the Local Union to put in place a full time
Substance Abuse Representative who will work out of the local Union
office. The Substance Abuse Representative will deal with substance use
and abuse intervention, counseling, referral and follow –up for individual
cases as well as ongoing workplace education. The Substance Abuse
Representative will undergo any and all necessary training that is required
to enable her/him to perform their duties in the proper manner.
Should the Substance Abuse Representative come from the workplace
covered by this collective agreement, she/he shall be granted a leave
of absence, with full accumulation of seniority and pension service for the
duration of time that she/he performs the job of Substance Abuse
Representative.
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LETTER OF UNDERSTANDING #1
LUNCHROOM AND WASHROOM AND FIRST AID
The Company shall provide for all employees a proper lunchroom facility that will
include hot food vending machines, microwave ovens, refrigerated milk and soft drink
and coffee machines.
Clean sanitary washrooms shall be maintained.
First aid facilities shall be supplied by the company.
The Company will provide training for a maximum of ten (10) employees in C.P.R.
application.
Company agrees to comply with the Ontario Occupational Health and Safety Act as in
effect January 1, 1996.
The Company also agrees to provide lockable lockers and showers.
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LETTER OF UNDERSTANDING #2
TUITION FEES AND BOOK REFUND
The Company will reimburse to employees 75% of tuition and cost for textbooks for
related academic training courses provided:
a) the course is pre-approved by the company;
b) the employee successfully completes the course.
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LETTER OF UNDERSTANDING #3
PARKING
The Company will make available a suitable parking area for all employees at no cost to
them.
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LETTER OF UNDERSTANDING #4
PROTECTIVE CLOTHING
The Company will agree to pay for all safety equipment and devices as follows:
●
Safety Shoe Allowance: Upon successful completion of probation
and annually thereafter, the Company will reimburse employees
$70.00 towards the cost of purchasing green patch safety work
boots or shoes provided receipts are submitted.
●
Protective Safety Equipment: The Company will provide to
employees protective safety equipment such as safety glasses,
back braces, filter masks, dust masks and gloves and will replace
such equipment if damaged or worn out by usage at work.
●
Clothing: The Company will provide and launder coveralls for
maintenance technicians, GMP90 assembly line operators,
adhesive area cell leaders and Chrysler ‘shot-bushing’ assembly
line operators. The company will provide and launder lab coats for
lab personnel. The Company will provide to all other bargaining unit
employees four (4) shirts per year, the type, colour and design of
which shall be selected by the Company. The laundering of shirts
shall be the responsibility of the employees.
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LETTER OF UNDERSTANDING #5
MOVING LOCATION
In the event the Company moves any or all of its operations to a new location, the
employees affected will have the right to transfer to the new location. Further this
contract will apply and will remain in full force and effect at the new location and none of
its rights and obligations will be varied.
The parties will negotiate a schedule of payment for the moving expenses of all
employees as a result of the implementation of this clause.
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LETTER OF UNDERSTANDING #6
NATIONAL DAY OF MOURNING
The Company agrees to allow employees one (1) minute silence at 11:00 a.m. on
April 28th of each year in observance of those workers killed on the job.
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LETTER OF UNDERSTANDING #7
NEW EMPLOYEE ORIENTATION
Union Information for New Employees:
The Employer agrees to acquaint new employees with the fact that a Collective
Agreement is in effect and with the conditions of employment set out in the articles
dealing with Union Security and Dues Check-off. A new employee shall be advised of
the name and location of his/her union representative.
Whenever the union
representative is employed in the same work area as the new employee, the
employee's immediate supervisor will introduce him/her to his/her union representative
who will provide the employee with a copy of the Collective Agreement. The Employer
agrees that a Union representative will be given an opportunity to interview each new
employee within regular working hours, without loss of pay, for fifteen (15) minutes
sometime during the first thirty (30) days of employment for the purpose of acquainting
the new employee with the benefits and duties of Union membership and the
employee's responsibilities and obligations to the Employer and the Union.
If more than one employee is hired within a thirty (30) day period, the interview shall be
conducted in a group of all such new employees, in which case, the interview may last
to a maximum of thirty (30) minutes.
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LETTER OF UNDERSTANDING #8
WORKPLACE HARASSMENT
The Company and the Union agree that there will be no discrimination, harassment,
interference, restraint or coercion exercised or practised by either of them, or by any of
their representatives, with respect to any employee because of his/her race, national or
ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status,
disability or conviction for which a pardon has been granted, or because of his/her
membership or activities or lack of membership or activities, in the Union, as provided
for in the applicable legislation.
The Company and the CAW are committed to providing a non-discriminatory and
harassment free workplace. Harassment is defined as a “course of vexatious comment
or conduct that is known or ought reasonably be known to be unwelcome”, in regards
to the grounds referred to in Article 11.01. All employees are expected to treat others
with courtesy and consideration and to discourage discrimination and harassment.
The workplace is defined as the company’s facility at 289 Courtland Ave., Concord,.
Harassment may take many forms: verbal, physical or visual. The following examples
could be considered as harassment but are not meant to cover all potential incidents:
● Unwelcome remarks, jokes, innuendoes, gestures, or taunting about those items
identified in section 11.01,
● Posting or circulation of offensive photos or visual material,
● Refusal to work or converse with an employee because of those items identified
in section 11.01,
● Unwanted physical conduct such as touching, patting, pinching, etc,
● Backlash or retaliation for the lodging of a complaint or participation in an
investigation.
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HARASSMENT IS NOT:
Harassment is in no way to be construed as properly discharged supervisory
responsibilities including the delegation of work assignments, the assessment of
discipline or any conduct that does not undermine the dignity of the individual. Neither
is this article meant to inhibit appropriate free speech or interfere with appropriate
normal social relations.
FILING A COMPLAINT:
If an employee believes that they have been harassed and/or discriminated against on
the basis of any prohibited ground of discrimination as identified in section 11.01, there
are specific actions that may be taken to put a stop to it. First, the employee should
request a stop of the unwanted behaviour by informing the individual that is doing the
harassing or the discriminating that such behaviour is unwanted and unwelcome. It is
advisable to document the events, complete with times, dates, location, witnesses and
details.
However, the Company and the Union acknowledge that some victims of
discrimination or harassment may be reluctant to confront their harasser. In such
circumstances they are to bring the incident to the attention of their supervisor,
manager, Human Resource Manager and the Union Chairperson.
INVESTIGATION:
Upon receipt of the complaint, the person receiving the complaint will immediately
inform their Union or Company counterpart. The appropriate Company and Union
representatives will interview the employee making the complaint and determine if the
complaint can be resolved immediately. If they determine that the complain cannot be
resolved immediately, the complaint will be put in writing and forwarded to the Human
Resource Manager and the Union Chairperson.
The Union Chairperson and the Human Resource Manager will then determine if the
complaint requires a special investigation team comprised of both a Management and
Union representative. In the event of a complaint involving sexual harassment, the
investigative team will be comprised of at least on person of the same gender as the
complainant.
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A formal investigation of the complaint may include interviewing the alleged harasser,
witnesses and other persons named in the complaint. Any relevant documents may
also be reviewed.
RESOLUTION:
The joint investigators will complete a report on the findings of the investigation and a
copy of this report will be forwarded to the Human Resource Manager and the Union
Chairperson who will make a determination on an appropriate resolution. The Human
Resource Manager and the Union Chairperson will attempt to resolve the complaint
within fourteen (14) days of the receipt of the report.
At the conclusion of this step, the complaint, if not resolved to the satisfaction of the
complaining employee, will be inserted into the second step of the Grievance
Procedure for resolution. In the event that the complaint is not resolved by the parties
at the second step of the Grievance Procedure, it may be appealed to arbitration in
accordance with the provisions of the Collective Agreement.
The pursuit of frivolous allegations through this Article has a detrimental effect on the
spirit and intent for which this Article was developed and should be discouraged.
INTERIM MEASURES:
A bargaining unit employee alleging discrimination or harassment in the workplace is
encouraged to use the above procedure to resolve a complaint. In serious cases, or
when the safety of the employee is being threatened, the Company and the Union will
meet to determine appropriate interim measures.
This Article in no way precludes the complaining employee’s right to seek action under
the Ontario Human Rights Code. However, both the Company and the Union urge
employees to use the process detailed in this Article.
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LETTER OF UNDERSTANDING #9
COPY OF AGREEMENT
Company to provide a copy of the Collective Agreement in booklet form to all
employees within ninety (90) days of ratification. The company shall also provide the
union with twenty (20) additional copies.
The company shall also supply a brochure of all employee benefits.
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SCHEDULE “A” WAGES AND CLASSIFICATIONS
WAGES
Each of the classification levels are to be increased by 70 cents for each year of the
collective agreement.
The probation rate is to be 50 cents per hour less than the rate of pay of the lowest paid
individual in the classification.
Levels for the classifications shall be set at after 18, 36 and 48 months of employment.
Employees will move up to the next level on the applicable anniversary date of
employment.
Once all employees in a level have moved to the next level, the vacant level will cease
to exist.
Employees employed as of January 1, 2001 will receive a signing bonus of $500.00 per
employee in the first pay following ratification. Employees employed subsequent to
January 1, 2001 shall receive a pro-rated signing bonus based upon their start date.
Classifications are the following:
Year 1
Team Member (includes painters) =
Area Leader Level 1
Area Leader Level 2
Mould & Die Cleaner
Quality Team Member
Material Handler/Shipping & Receiving
Maintenance Level 1 (Licensed)
Maintenance – Level 2 (Unlicensed)
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Year 2
Year 3
$20.00 / $22.00 / $24.00
=
$16.00 / $17.50 / $18.50
=
$15.00 / $16.50 / $18.00
=
$16.00 / $17.50 / $18.50
=
$16.00 / $17.50 / $18.50
=
$16.00 / $17.50 / $18.50
=
$21.00 / $23.00 / $25.00
=
$19.00 / $21.00 / $22.50
Signed, Sealed and Delivered at Bigtown, Ontario, this ___th day of ______, 20___.
CAW-Canada,
Local 123
per
ABC Automotive Inc.
per
__________________________
_____________________________
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