2011 - 2014
COLLECTIVE AGREEMENT
BETWEEN
KAMLOOPS DODGE CHRYSLER JEEP LTD.
AND
COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF
CANADA, LOCAL 10-B
KAMLOOPS, B.C.
TABLE OF CONTENTS
ARTICLE 1 - RECOGNITION AND PURPOSES
2
ARTICLE 2 - UNION SECURITY
3
ARTICLE 3 - RESIDUAL MANAGEMENT RIGHTS INTENDED
4
ARTICLE 4 - EMPLOYMENT STATUS
5
ARTICLE 5 - HOURS OF WORK
6
ARTICLE 6 - OVERTIME
7
ARTICLE 7 - VACATIONS
9
ARTICLE 8 - STATUTORY HOLIDAYS
10
ARTICLE 9 - GRIEVANCE PROCEDURE
11
ARTICLE 10 - ARBITRATION PROCEDURE
12
ARTICLE 11 - DISCIPLINE
13
ARTICLE 12 - SHOP HEALTH, SAFETY AND ENVIRONMENT
14
ARTICLE 13 - SENIORITY AND RELATED
17
ARTICLE 14 - VACANCIES AND PROMOTIONS
19
ARTICLE 15 - GENERAL PROVISIONS
20
ARTICLE 16 - HARASSEMENT AND DISCRIMINATION
21
ARTICLE 17 - LEAVES OF ABSENCE
21
ARTICLE 18 - BENEFIT PLAN
23
ARTICLE 19 - TOOL PLAN
26
ARTICLE 20 - ADJUSTMENT PLAN
26
ARTICLE 21 - APPRENTICES
27
ARTICLE 22 - WAGES
27
ARTICLE 23 - TERM OF AGREEMENT
28
ARTICLE 24 - SIGNING BONUS
28
SCHEDULE A - WAGE
29
SCHEDULE B - GROUP RRSP
30
SCHEDULE C - DEPARTMENTS / JOB CLASSIFICATION
31
Page 1
ARTICLE 1 - RECOGNITION AND PURPOSES
1.01
UNION IS EXCLUSIVE BARGAINING AGENT
The Company recognizes the Union as the sole and exclusive bargaining agency for its
employees, as defined in Article 1.02 hereof, for the purpose of determining all working
conditions and conditions of employment.
1.02
PURPOSES OF AGREEMENT
The following are the purposes of this Agreement:
1.03
(a)
to establish and maintain an orderly and harmonious relationship between the
Company and the employees;
(b)
to set forth all agreements between the Company and the Union regarding rates of
pay, hours of work and other conditions of employment;
(c)
to provide an amicable method for final and conclusive settlement without stoppage of
work of all disputes between the persons bound by this Agreement respecting its
interpretation, application, operation or alleged violation, including a question as to
whether a matter is arbitrable; and
(d)
to establish conditions at the dealership which encourage an economically viable
business allowing for reasonable profit for the Company and fair wages and benefits of
employment for employees.
DEFINITION OF EMPLOYEE
The term "employee" as used in and for the purpose of this Agreement, shall mean all
employees at and from 2525 East Canada Highway, Kamloops, 8. C., except salespersons,
supervisors and those above the rank of supervisor, as well as the internal accounting position.
1.04
WORK RETENTION
Nothing in this Agreement shall preclude excluded personnel of the Company from performing
work done by those in the bargaining unit from time to time, provided that no regular employee is
laid off as a direct result or the regular hours of work or overtime opportunities are affected.
Notwithstanding the above from time to time excluded staff may perform work of an employee,
such as washing and detailing vehicles, writing work orders, and doing other clerical tasks.
The Company agrees that no excluded personnel of the Company will perform the job of a
bargaining unit member who is on lay-off, except where no other bargaining unit employee is
capable of and available to perform the available work and where recalling a laid off employee
would be less than one full day of which the work must be completed.
.
Page 2
1.05
CONTRACTING OUT
The Company shall confer with the Union, in advance, whenever it is intended to contract out
any work which has not previously been done on a contract basis. The Company will not
contract out any additional work if, as a result, an employee is laid off.
1.06
SUCCESSORSHIP
The Company recognizes and agrees that it is bound by a statutory successorship provision,
namely Section 35 of the Labour Relations Code, RSBC, 1996, c. 244, as in effect at the date
of certification.
ARTICLE 2 .. UNION SECURITY
2.01
UNION DUES
a)
Deduction of Union Dues
The Company agrees to deduct from each pay cheque, from the earning of each
employee covered by this Agreement, upon receipt of an authorization, signed by each
employee, such sum by way of monthly dues and/or assessments, as may be fixed by
the Local Union. The total amount so deducted, with an itemized statement of same in
duplicate, shall be forwarded to the Union, prior to the fifteenth (15th) day of the month,
immediately following in the manner provided for in Sub-Section (b) hereof.
b)
Remittance of Union Dues
Cheques shall be made payable to the Local Union Secretary-Treasurer and forwarded
to the Local Union.
(c)
Disclaimerllndemnity
The Company shall have no financial responsibility or liability for the fees or dues of
any employee, unless the Company owes an employee sufficient unpaid wages to pay
the fees and dues assigned. The Union agrees to indemnify and hold the Company
harmless against any claims, demands; actions, or charges brought against the
Company by an employee as a result of the application of this Article 2.
d)
New Employees Introduced to Shop Steward
All new employees, upon being hired, will report to the Shop Steward in a timely manner
and will be required to complete membership application. The Shop Steward in
conjunction with the Department Manager or designate shall familiarize the new
employee(s) with the terms and conditions of employment.
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2.02
MAINTENANCE OF UNION MEMBERSHIP
As a condition of employment, each employee must maintain Union Membership in good
standing, and each employee will be required to sign the prescribed authorization form
authorizing the Company to implement the provisions of Section 2.01 (a) hereof. Deductions for
new employees will start after they have worked five (5) days in a month.
2.03
UNION ACTIVITIES
The Unit Chairperson and Shop Stewards shall be permitted by the Department Manager or
designate to leave their regular duties, for a reasonable length of time during their regular
working hours, without loss of time or pay, for the purpose of processing and settling of
grievances. The Union official must first ask permission which will be granted at a time that least
interferes with operational requirements, i.e. (end of current job).
2.04
BULLETIN BOARDS
The Company will provide two (2) bulletin boards, for the purpose of posting Union notices. All
material may be posted only with the authority of the Union Committee, and it is understood that
all posted material is appropriate and is for the purposes set out in section 1.02. The Company
in conjunction with the union shall remove materials that are not and they shall not be re-posted.
ARTICLE 3 - RESIDUAL MANAGEMENT RIGHTS INTENDED
3.01
The Union agrees that the management and control of the Company's business and the
direction and control of the Company's work forces are vested exclusively in the Company,
subject only to the limitations imposed upon the Company by the express provisions of this
Agreement. The Union further recognizes and agrees, that the Company retains all customary
rights, responsibilities, functions and prerogatives of management except as expressly modified
or restricted by a specific provision of this Agreement.
3.02
Without limiting the generality of the foregoing, the Company shall have the exclusive right,
subject only to the explicit provisions of this Agreement, to:
(a)
hire, direct and assign work to employees;
(b)
promote, demote, transfer, layoff, or recall employees;
(c)
discipline and discharge non-Probationary employees for just and reasonable cause;
(d)
evaluate job performance and address deficiencies;
(e)
establish new, and abolish existin~, job classifications;
(f)
establish job requirements, including the determination of the experience, skills,
abilities, training and qualifications required to perform the work;
Page 4
(g)
establish, maintain and enforce rules and regulations which do not conflict with this
Agreement;
(h)
maintain order, discipline and efficiency; and
(i)
determine the methods of operation, the amount of supervision, the schedules of work,
the rotation of shifts, the hours and days of work, and the number of employees
required at any given time.
ARTICLE 4 - EMPLOYMENT STATUS
4.01
PROBATIONARY PERIOD
Each employee shall serve a probationary period to the later date of having completed either
240 actual hours worked or 90 days, commencing from his/her first day worked. If the
Company, in its sole discretion, decides that the employee is unsuitable for continued
employment, that his/her performance is unsatisfactory, or that the employee is unwilling or
unable to properly carry out his/her duties, the Company may terminate the employee's
employment at any time during the probationary period.
4.02
FULL ..TIME REGULAR EMPLOYEES
FUll-time regular employees are regularly scheduled employees who work thirty seven and
half (37.5) hours per week on a continuing basis.
4.03
PART ..TIME REGULAR EMPLOYEES
Part-time regular employees are regularly scheduled employees who work less than thirty
seven and half (37.5) hours per week on a continuing basis. Such employees are covered by
all provisions of this Agreement except for Article 18 - Benefit Plan and Appendix B - RRSP.
4.04
CASUALS
Casuals are persons who are called into work by the Company from time to time, but who
have no regularly scheduled hours. Casuals are not obligated to work when requested, and
would not receive benefits under the collective agreement. No more than three (3) casuals
shall work for the Company in any calendar year.
4.05
STUDENTS
Students are persons who work for the Company on a part-time, temporary (e.g. summer
months) or casual basis, and who are full-time students enrolled at an educational institution.
Students are not entitled to benefits under the collective agreement.
Page 5
ARTICLE 5 .. HOURS OF WORK
5.01
WORK WEEK
a) The workday shall be defined as eight (8) hours, exclusive of a minimum one-half (1/2) hour
lunch period, between the hours of 6:00 a.m. and 9:00 p.m. The determination of regular
starting and stopping times for daily and weekly work shall be made exclusively by the
Company, and may be changed by the Company from time to time, subject to business
demands and the provisions of this Agreement.
b) The regular work week shall be forty (40) hours, between Monday and Sunday. Efforts will
be made to schedule with two consecutive days off, one of which will be a Sunday. It is
recognized however that some schedules will not provide for consecutive days off.
Employees within specific departments will rotate through the various work schedules.
c) The Company shall have the right to implement other schedules. In the event that the hours
of work and the shifts are to be adjusted to change schedules, the employees affected will
be provided with five (5) days advance notice.
d) The company will give as much notice as possible in emergency situations. It is understood
the company will attempt to provide 24 hour notice for these shift changes.
e) Nothing in the collective agreement shall be construed by the Union or the Company or by
any third party as guaranteeing to any employee any number of hours of work per day or
days of work per week.
5.02
LUNCH PERIODS
a) An employee shall be entitled to a minimum one-half (1/2) hour unpaid lunch break on
his/her own time within five (5) consecutive working hours of the start of the shift.
b) Employees shall be required to work during their scheduled lunch period only in cases of
emergency. Whenever this does occur, the employee will be entitled to a replacement lunch
period of one-half (1/2) hour, commencing within one (1) hour of the start of his/her
scheduled lunch period. If the replacement lunch period cannot be scheduled within the one
(1) hour limit, he/she shall be paid one-half (1/2) hour at overtime rates, and shall
nevertheless, be provided with sufficient time off to eat.
c) It is recognized that from time to time Technicians at their discretion may work through their
lunch period and take the lunch period at a later time, the lunch period in this situation will
not generate overtime payor any other type of premium pay.
5.03
REST PERIODS
The. Company agrees to designate for all employees two (2) fifteen (15) minute rest periods,
each day, one in the forenoon and the other in the afternoon, without loss of pay.
Page 6
ARTICLE 6 - OVERTIME
6.01
OVERTIME WORK
No employee is permitted, directly or indirectly, to work unauthorized overtime hours. All
overtime must be authorized in writing by the employee's supervisor.
6.02
OVERTIME DEFINED
Time and OneooHalf
An employee shall receive overtime pay of one and one half (1 %) times his regular hourly
wage for all hours worked in excess of:
a)
eight (8) in a day; and
b)
forty (40) in a week, but excluding from the calculation hours worked in excess of eight
(8) in a day.
Double Time
An employee shall receive overtime pay of two (2) times his regular hourly wage for all hours
worked in excess of:
a)
eleven (11) in a day; and
b)
forty eight (48) in a week, but excluding from the calculation hours worked in excess of
eight (8) in a day.
No Pyramiding
Nothing in the Agreement allows or contemplates an employee receiving more than one
"premium" or any duplication of payment for working hours beyond the normal or scheduled
hours of work, e.g. daily overtime and weekly overtime, overtime and call-in pay, etc.
6.03
OVERTIME DISTRIBUTION AND ASSIGNMENTS
a) The Company agrees that overtime should be distributed equitably among the employees
in a particular job classification.
b) The Company will attempt to minimize the requirement to work overtime. However, where
required, the Parties agree to cooperate in meeting overtime requirements. An employee will
not be required to work overtime in a personal emergency situation.
Page 7
6.04
MEAL AND REST PERIODS
Employee(s) requested to work any time beyond two (2) hours overtime at the end of their
regular shift shall receive a fifteen (15) minute rest period to eat a Company supplied meal. The
rest period will commence at a time closest to the end of the when the determination that two (2)
hours of overtime is required. Every effort will be made to determine the extent of the extra
hours early as possible.
6.05
WORK COURSES-MEETINGS BEFORE OR AFTER WORK DAY
Any employee who attends Company-required meetings and second delivery seminar which are
scheduled before or after an employee has completed the standard work day, or the standard
work week, shall be reimbursed at applicable straight time.
6.06
MINIMUM PAY
The Company shall pay an employee reporting to- work as required by the Company a
minimum in anyone day of:
6.07
a)
Three (3) hours' pay, unless the employee is unfit to perform his duties or has failed to
comply with the Industrial Health and Safety Regulations of the Workers'
Compensation Board; or
b)
Where the employee commences work, five (5) hours' pay unless his work is
suspended because of weather or other reasons completely beyond the control of the
Company and employees included in (c)
c)
Part-time, casual and student employees scheduled for a shift shorter than five (5)
hours are exempt from section (b)
OVERTIME HOUR BANK
When overtime hours or hours worked in excess of eighty (80) hours in a pay period, the
employee will have the option on the time sheet that they wish to bank. Hours will be banked at
the same rate that they would have been paid, i.e. if the hour worked would have been paid at
time and one half, the bank will be credited with one and one-half (1 Y2) hours: if paid at double
time, the bank will be credited with two (2) hours. Any hours in excess of eighty (80) will be put
into the bank at straight time. The maximum number of hours allowed in the bank at anyone
time is forty (40) hours. Paid time off from the bank will be at mutually agreeable time of the
year, during the slow time of the year. Employees wishing for bank days must give a minimum
twenty-four (24) hours notice prior to regular bi-weekly pay period cutoff (normally Friday), i.e. on
Thursday prior to Friday pay period cutoff.
Page 8
ARTICLE 7 - VACATIONS
Annual vacations for employees who have achieved seniority status shall be granted in
accordance with the following:
7.01
VACATION ENTITLEMENT
An employee's vacation entitlement shall be calculated from his/her most recent date of hire and
in the first year of employment prorated to December 31 st.
a) Following one (1) year continuous employment, two (2) weeks' vacation with pay of four (4)
percent of the employee's gross earnings of the previous year;
b) Following five (5) years continuous employment, three (3) weeks' vacation with pay at six (6)
percent of the employee's gross earnings of the previous year;
c) Following ten (10) years continuous employment, four (4) weeks' vacation with pay at eight
(8) percent of the employee's gross earnings of the previous year;
d) Employees with greater entitlement prior to the certification date will continue to receive their
vacation entitlement.
7.02
VACATION PAY
The Employer shall pay to each employee the annual vacation pay to which he is entitled in
one payment at least seven (7) days before the beginning of his annual vacation, or upon
termination of employment if the employee has not yet taken his vacation for that year.
7.03
VACATION SCHEDULING
Vacation scheduling will be arranged during the month of February each year, in accordance
with seniority within a department. The vacation schedule shall be posted by February 1st each
year and confirmed by March 1st. Each employee's schedule shall not be altered unless by
mutual consent of the Company and the employee. Employees who do not apply for vacation
periods until after March 1st will be fitted into the remaining available vacation times on a "firstcome-first-served" basis. The Company agrees to consult with the department and Shop
Steward, on an ongoing basis, to facilitate vacation scheduling.
Prime Time Vacation period will be June, July, August and September in which only two (2)
weeks vacation should be taken in order to accommodate as many employees as possible
during that time.
Vacation requests must be provided in writing and a maximum one (1) Technician, one (1) Parts
Person, one (1) Reconditioning Person, and one (1) Front End Service staff may be away during
prime time.
Page 9
7.04
STATUTORY HOLIDAY DURING VACATION
Should a Statutory Holiday occur on a normal work day, while an employee is on annual
vacation he/she shall receive an additional day off with pay, or alternatively, a day's pay in lieu
thereof.
7.05
7.06
VACATIONS TO BE TAKEN
a)
Vacation entitlement must be taken within twelve (12) months of becoming entitled and
scheduled prior to November 1st each year.
b)
If the employee has not scheduled vacation entitlement prior to November 1st the
employer may schedule outstanding vacations for an employee over the next four
st
months (Le. up to March 31 of the next year).
RECALL FROM VACATION
a)
Any employee who is recalled to work while on vacation shall receive on each day of
recall time and one-half (1 1/2) time for the hours worked for the first six (6) hours and
double (x2) time thereafter.
b)
Any employee reporting for work while on vacation will do so on a voluntary basis, where
the work of an employee on vacation is urgently required and no employee volunteers for
work, the Union will be notified of the situation in order to assist in determining ways to
get the required work completed.
ARTICLE 8 - STATUTORY HOLIDAYS
8.01
DAYS OBSERVED
Employees shall receive the following Statutory Holidays with pay at their regular time rate:
New Year's Day
Good Friday
Victoria Day
Boxing Day
8.02
B.C. Day
Labour Day
Thanksgiving Day
Remembrance Day
Christmas Day
Canada Day
STATS DURING REGULAR DAYS OFF
Employees shall receive another day off with pay for any Statutory Holiday that falls on their
regular day off.
8.03
PAY IN ADDITION TO OVERTIME
Pay for the above Statutory Holidays shall be in addition to any overtime pay for hours worked
on Statutory Holidays.
8.04
QUALIFICATIONS
Page 10
a) To qualify for payment for the Statutory Holiday an employee must have (a) been
employed and on the payroll of the Company thirty (30) calendar days prior to the
Statutory Holiday.
b) In addition, the employee must have worked his/her regularly scheduled shift
immediately preceding, and the shift immediately following, the Statutory Holiday.
c) Where an employee who is sick for the shift immediately preceding or the shift
immediately following a Statutory Holiday, but who has a doctor's note shall be paid for
the holiday.
8.05
PART-TIME EMPLOYEES STATUTORY HOLIDAY PAY
Statutory Holiday pay for part-time employees shall be based upon the employee's regular
hourly wage rate, multiplied by his average daily hours during the last twenty (20) days
actually worked prior to the Statutory Holiday.
ARTICLE 9 .. GRIEVANCE PROCEDURE
9.01
Either Party to this Agreement may file a grievance on any difference between the Parties
concerning the application, interpretation, administration or violation of the provisions of the
Agreement.
In the event that a grievance should arise, it shall be dealt with in the following manner:
The employee involved, with the Shop Steward, shall first take up the matter with the Supervisor
directly in charge of the work, within fourteen (14) days from the grievance, or from the time
when the employee has knowledge or may be reasonably presumed to have knowledge of such
event or events.
If the grievance is not satisfactorily resolved following such discussion, the employee and/or the
Union may submit a written grievance.
If a satisfactory settlement is not then reached, it shall be reduced to writing and presented by
the grievor and the Shop Steward, within five (5) days of the above meeting or discussion, to the
Department Manager or designate who shall respond in writing within five (5) days of this Step
One Meeting.
Page 11
Step 2
Failing settlement at Step 1, the Unit Chairperson and the Local Union President, or his/her
designate may, within five (5) working days of the Step 1 response, meet with the General
Manager or designate, in order to attempt to settle the grievance. At this Step, arrangements
can be made for other UnIon Officers of the Local or National Union and other Company
Representatives to attend.
The General Manager shall render a decision, in writing, within five (5) working days of the Step
2 Meeting.
Failing settlement at Step 2, the grievance may be referred to an arbitration procedure as
agreed to between the Parties.
9.02
CERTAIN GRIEVANCES TO STEP 2
Discharge, Policy Grievances and other mutually agreed on grievances shall be admitted at Step
2 of the grievance procedure.
9.03
TIME LIMITS
In the event that a grievance is not advanced to the next step within the time Iimit(s) specified in
Section 9.01, the grievance shall be deemed to be abandoned and all rights of recourse to the
grievance and arbitration procedure of this Agreement in respect of this grievance shall be at an
end.
The 'time limits between steps may be extended by mutual agreement, in writing.
ARTICLE 10 .. ARBITRATION PROCEDURE
10.01 Any grievance arising out of this Agreement which cannot be settled by the Company and the
Union, under the grievance procedure as per Article 9 of this Agreement, shall be determined in
the following manner:
a)
The Parties agree that a single arbitrator shall be used as provided for in the Labour
Relations Code. The Company and the Union shall make every effort to agree on the
selection of the arbitrator within ten (10) working days after the Party requesting
arbitration has delivered written notice. The Parties will, subsequent to the settlement of
this Agreement, negotiate a Letter of Understanding with a list of five (5) arbitrators,
including a method for using them on a rotational system.
b)
In the event that the Parties fail to agree on the choice of the arbitrator, they shall
forthwith request the Minister of Labour of B. C. to appoint an arbitrator, under Section 86
of the Labour Relations Code.
Page 12
c)
The arbitrator shall hear the Parties, settle the terms of the question to be arbitrated, and
make his/her award within thirty (30) days from the day of the conclusion of the hearing.
This time limit may be extended by mutual agreement of the Parties. In discharge cases,
the Arbitrator will provide a "bottom line" letter decision within fifteen (15) days of
completion of the hearing, with more extended reasons to follow in due course.
d)
The decision of the arbitrator shall be final and binding on both Parties subject only to
Sections 99 and 100 of the Labour Relations Code
e)
Each Party shall bear one-half (1/2) the cost of the arbitrator.
f)
The arbitrator or board of arbitration shall be restricted to the authority set out at Division
3 of the Labour Relation Code of British Columbia with respect to the interpretation and
application of the existing Agreement and shall have no authority or jurisdiction to alter,
modify, delete or supplement this Agreement in any way.
10.02 CONSENSUAL MEDIATION .. ARBITRATION
The Parties may mutually agree, to submit a grievance to an officer under Section 105 of the
Labour Relations Code of British Columbia as an alternative to the arbitration procedure
contained in this Agreement.
ARTICLE 11 .. DISCIPLINE
The Company can discipline any employee for just and reasonable cause.
11.01 WRITTEN NOTICE OF FORMAL DISCIPLINE
All disciplinary action beyond a verbal warning shall be presented to the employee in writing. A
copy of such notices shall be forwarded to the Unit Chairperson.
11.02 SHOP STEWARD PRESENT
An employee shall have the right to have his/her Steward present at any discussion of formal
The Supervisor shall, except in rare
disciplinary action with supervisory personnel.
circumstances, notify the employee in advance, of' the purpose of the interview, so that the
employee may contact his/her Steward.
Page 13
11.03 PERSONNEL FILE
a) In order to facilitate the investigation of a grievance, an employee or the Unit Chairperson, or
his/her designate, with the written permission of the employee, shall be entitled to review the
employee's personnel file in the presence of a Company representative.
b) Any formal notice of disciplinary action not involving a suspension retained on an employee's
personnel file shall be canceled after twelve (12) months as long as there are no further
infractions during the period. If there are further disciplinary matters during the period, the
twelve (12) months shall be calculated from the last date of notice. No mention of the
disciplinary action may be raised against the employee thereafter. Nothing in this provision
bars the production before an arbitrator of non-disciplinary letters or memos of expectation
given to the employee. Likewise, performance appraisals are not contemplated as being
disciplinary, notwithstanding that they may refer to the potential for discipline in the future.
c) Any formal notice of disciplinary action involving a suspension retained on an employee's
personnel file shall be canceled after thirty (30) months as long as there are no further
infractions during the period. If there are further disciplinary matters during the period, the
thirty (30) months shall be calculated from the last date of notice. No mention of the
disciplinary action may be raised against the employee thereafter. Nothing in this provision
bars the production before an arbitrator'of non-disciplinary letters or memos of expectation
given to the employee. Likewise, performance appraisals are not contemplated as being
disciplinary, notwithstanding that they may refer to the potential for discipline in the future
ARTICLE 12 .. SHOP HEALTH, SA FETY AND ENVIRONMENT
12.01 SAFETY AND HEALTH - RESPONSIBILITY
a)
Company Responsibility:
The Company agrees that it is the responsibility of the Company to make adequate
provisions for the safety and health of the employees during the hours of their
employment, including the discipline of employees for unsafe conduct and for negligence
which endangers the safety of fellow employees and/or assets of the Company.
b)
Union and Employees to Cooperate:
The Union and the employees agree to cooperate fully with the Company on all matters
of health, safety and environment.
c)
Employees Are Accountable to Act Responsibly and Safely
All Employees shall act safely in the workplace, and the failure to do so could lead to
discipline, up to and including discharge, e.g. horseplay, fighting, etc.
12.02 JOINT HEALTH AND SAFETY COMMITTEE
a)
It is mutually agreed that a Safety Committee, consisting of employees selected by the
Union, will meet with a Management representative or representatives, not less
frequently than once a month. Minutes of such meetings will be posted on the notice
board, and a copy forwarded to the Union Office.
Page 14
b)
Employees shall be compensated, at regular rates of pay, for time spent at safety
meetings.
c)
In addition to the foregoing, environmental matters including air quality, which may arise
from time to time, shall be addressed through the Joint Safety Committee.
12.03 UNION REPRESENTATIVE TO BE INCLUDED IN INSPECTOR'S TOUR
When a shop inspection is made by an Inspector authorized to enforce the Worker's
Compensation Regulation or the Factories Act, a Union representative of the Safety Committee
shall be included in the tour, and a copy of the Inspector's report shall be made available to the
Safety Committee.
12.04 PROTECTIVE CLOTHING AND APPAREL SUPPLIED
The following protective clothing shall be provided by the Company, free of charge:
Mechanics ................................................. Coveralls
Shop Clean-up ............................................ Coveralls
Detail. ....................................................... Coveralls
In addition, an acid-proof apron shall be available for use of employees handling corrosive
material.
Employees shall wear appropriate clothing or apparel for the duties of their job.
employer require uniforms, the employer shall supply these uniforms.
Should the
12.05 WASHING FACILITIES
Proper washing facilities shall include hot and cold water, hand cleanser, towels and
washbasins; these shall be provided by the Company.
12.06 CLOTHES LOCKERS
Clothes lockers of suitable size shall be provided by the Company for protection of the
Technicians' clothes and personal belongings.
12.07 LUNCH SPACE
The Company agrees to provide lunch space as currently provided to accommodate the
employees.
12.08 ADEQUATE HEAT, LIGHTING AND VENTILATION
The Company agrees that the shop(s) shall be heated adequately, lighted and ventilated in
accordance with Provincial regulations. An attempt will be made to keep the shop at a minimum
of 65°.
Page 15
12.09 FIRST AID ATTENDANT'S PREMIUM
a)
If an employee, in addition of his/her regular work, is the holder of an Industrial First Aid
Certificate and is designated by the Company as First Aid Attendant, he/she shall receive
seventy-five cents ($ 0.75) per hour in addition to his/her regular rate.
b)
The Company shall reimburse course fees and book costs to such a designated
employee who successfully complete the Industrial First Aid Course,
c)
Designated First Aid Attendants shall have the option of attending Industrial First Aid
Training courses during the one (1) week day time session or the two (2) week evening
session, subject to workload in their classification department if Company approval is
given.
d)
Should an employee on his own decide to leave the employment of the dealership prior
to the termination of his/her Industrial First Aid Ticket which was paid for by the
dealership, he/she will be obligated to reimburse the company th8' pro-rata amount
remaining of the course fees and books required for the course
12.10 SAFETY EQUIPMENT ALLOWANCE
a)
The Company agrees to pay a safety boot allowance to employees required to wear
safety boots as per Worksafe Rules and Regulations. The amount of the allowance is to
a maximum of one hundred and seventy-five dollars ($175.00) payable as follows:
1) the employee eligible for the allowance must provide a receipt for proof of purchase
showing description of item purchased and relevant price and taxes and,
2) the reimbursement will be for the lesser of the receipt or $175.00 and
3) the employee is eligible for only one reimbursement per calendar year,
b)
The Company agrees to pay a water proof boot allowance to employees working in detail
of the wash bay. The amount of the allowance is to a maximum eight-eight dollars
($88.00) payable as follows:
1) the employee eligible for the allowance must provide a receipt for proof of purchase
showing description of item purchased and relevant price and taxes and,
2) the reimbursement will be for the lesser of the receipt or $88.00 and
3) the employee is eligible for only one reimbursement per calendar year,
c)
The employer will supply nitrile disposable gloves as required.
Page 16
ARTICLE 13 - SENIORITY AND RELATED
13.01 DEFINITION
Seniority means an employee's total length of continuous service with the Company measured
from his/her most recent date of hire, including service rendered prior to the date of
certification.
13.02 SENIORITY DATE
Except as provided in this Agreement or as may be necessary to ensure compliance with the
Human Rights Code (e.g. in respect of physical or mental disability and any imposed Duty of
Accommodation), an employee's seniority date will be his most recent date of hire.
13.03 LEAVING THE BARGAING UNIT
An employee who leaves the bargaining unit to fill another position with the Company shall
continue to accumulate seniority, and shall have the right to exercise his seniority to return to
the bargaining unit, for a period of ninety (90) calendar days. After the expiry of that period,
the employee's seniority shall be lost.
13.04 LEAVES OF ABSENCE
Seniority shall continue to accrue during an approved leave of absence authorized by this
Agreement, with the exception of a Special Leave of absence, where seniority is frozen but
does not accrue.
13.05 PROBATIONERS
Seniority shall not accrue during an employee's probationary period. Upon successful
completion of the probationary period, the employee's seniority shall be backdated to his date
of hire.
13.06 SENIORITY LIST
The Company will prepare seniority lists of all employees and present it to the Union within thirty
(30) days of the signing of the Agreement. This list will be posted for a period of sixty (60) days,
and will establish the seniority, and classification of an employee who does not protest his status
in writing, within the said sixty (60) days. Said lists will commence with the most senior
employee, carry on downwards to the most junior employee, and contain the following
information:
1.
2.
3.
4.
5.
Employee's name;
Employee's starting date;
Employee's length of service in years and days;
Employee's regular classification;
Probationary employees will also be shown on the list.
Page 17
The Company shall provide a current seniority list in January of each year. The Union may
request additional revised lists as required from time to time but no more frequently than once
every three (3) months.
13.07 LOSS OF SENIORITY AND EMPLOYMENT
Seniority shall be lost and employment will be deemed terminated for just cause if an
employee:
(a)
resigns;
(b)
is discharged for just and reasonable cause;
(c)
having less than one year's seniority, is laid off without being recalled for a period of
three (3) consecutive months;
(d)
having less than two years' seniority, is laid off without being recalled for a period of six
(6) consecutive months;
(e)
having greater than two years' seniority, is laid off without being recalled for a period of
twelve (12) consecutive months;
(f)
after a layoff, fails to report for work within seven (7) days after being recalled by
telephone or registered letter addressed to the address last provided by the employee
to the Company;
(g)
fails to return to work upon the expiration of an authorized leave of absence or
vacation unless a reason satisfactory to the Company is given;
13.08 LAYOFFS
Employees shall be laid off within their classification in reverse order of seniority, subject to
the most important criterion: an employee's present ability to perform the required work.
13.09 SEQUENCE
Where practicable, the following order shall apply for layoffs: students, casuals, probationers,
part-time regular employees, and then full-time regular employees.
13.10 BUMPING
If an employee displaced from his position by the lay -off procedure has the necessary and
present ability to perform the required work, that employee may bump another employee with
less seniority. In such cases, the employee shall receive the wage rate for the classification
into which he bumps. There shall be no bumping up. Part-time regular employees may not
bump full-time regular employees.
Page 18
13.11 RECALL
For the purposes of recall from layoff, the above procedure and sequence shall be reversed.
If the Company is unable, after reasonable efforts, to contact a laid off employee within seven
(7) days, the Company may recall the next employee in the sequence.
In the event the senior qualified employee is not immediately available the employer
may go to the next senior laid off employee to fill the position until the senior qualified
employee has responded as per the above requirement.
13.12 EMPLOYEE'S RESPONSIBILITY
It is the responsibility of all laid off employees to keep the Company advised at all times of
where and how they can be contacted for recall purposes.
13.13 RATE AND SENIORITY UPON RECALL
Employees recalled to work shall receive the current rate for the classification into which they
are recalled and credited with the seniority they had at the date of lay-off.
ARTICLE 14 - VACANCIES AND PROMOTIONS
14.01 VACANCIES
Vacancies in existing or new classifications for full-time and part-time employment shall be
posted in a conspicuous location for five consecutive working days. The posting will outline
the classification, the wage rate and a brief description of the position. All applications for the
posted positions must be filed in writing with the Company by the end of the fifth (5th) working
day after the initial posting, on forms supplied by the Company. If in the Company's view
there are no suitable applications received by the end of the fifth (5th) working day after the
initial posting, the Company may post externally to fill the position.
14.02 CRITERIA
Promotions or posted vacancies shall be awarded to the person whom the Company
considers to be the best applicant based upon current qualifications. In evaluating
qualifications, the Company may consider such things as the applicant's present abilities,
knowledge, education, skill, training, past performance, and overall ability to satisfy efficiently
the requirements of the job. In the event the qualifications of two (2) or more internal (i.e.
employees) applicants are relatively equal, then the employee with the greatest seniority shall
be awarded the job.
14.03
An employee awarded the vacant position, and who is unable to continue to perform the
position duties to the satisfaction of the Company, or at the option of the employee, within a
maximum of twenty (20) working days, will be reassigned to his/her former position without loss
of seniority.
Page 19
14.04
When necessary, vacancies may be filled on a temporary basis until the successful applicant
for the posted job vacancy is selected in accordance with Article 14.02.
ARTICLE 15 .. GENERAL PROVISIONS
15.01 SAVINGS CLAUSE
The provisions of the Agreement conform to all applicable laws and statutes of Canada and the
Province of British Columbia. Should any of the provisions of this Agreement be deemed to
violate any subsequently amended laws and/or statutes of Canada or the Province of British
Columbia, the Parties agree to re-negotiate such provision and the balance of the provisions of
the Agreement will continue in full force and effect for the duration of the Agreement.
15.02 NO STRIKES OR LOCKOUTS
The Parties agree there shall be no strikes or lockouts during the term of this Agreement.
15.03 CONFLICT OF INTEREST
No employee shall solicit any work or undertake work outside the Company premises which is
competitive with the Company with the exception of working on vehicles of friends and family
outside of the dealership. No employee shall divert business opportunities to a competitor,
related party or him/herself.·
15.04 TRAVEL ARRANGEMENTS
An employee traveling for training purposes will be reimbursed for reasonable travel and living
expenses, when employees travel (by vehicle) on their own time they will be reimbursed for six
(6) hours for Chilliwack based training and four (4) hours for Kelowna based training. Training
that occurs at locations other than Chilliwack or Kelowna will be dealt with on an "as they occur"
basis. Such discussions will include a Union Steward.
For full-day courses in the lower mainland the employee has the right to travel the night before
and receive a night's accommodation.
15.05 TRAINING
Employees required to maintain and up-grade their qualifications through on-line courses and
testing will be afforded time during the regular work days, when available and pre-authorized.
Where such requirements are preformed on a home basis, the employer will pay designated
time as suggested by course length in the training program. Only required and pre-authorized
courses will be paid. Training will require a pre-authorization form filled out in advance, which
will be turned in to initiate payment upon completion. Payment will be made upon an employee
successfully completing (require a passing grade) the training. Additional courses may be
completed by the employee on their own with out re-imbursement.
Page 20
ARTICLE 16 - HARASSMENT AND DISCRIMINATION
16.01 WORK ENVIRONMENT
Kamloops Dodge Chrysler Jeep Ltd. and C.E.P., Local 10-8 recognize the importance of
maintaining a work environment that is free of harassment and discrimination. Therefore the
Company and the Union agree to provide and encourage a work environment that is free of
discrimination and harassment. Such an environment does not condone an atmosphere
where an employee is subjected to offensive remarks, behaviour or surroundings that create
intimidating, hostile or humiliating conditions.
Harassment means intimidation or any course of conduct that is repeated and/or unwelcome,
and whether it is verbal, written, or physical and which:
prejudices the complainant's job security, or
undermines an employee's job performance, or
is perceived on the part of the complainant to create a negative physiological or emotional
state.
The Company and the Union agree to make every reasonable effort to eliminate' sexual
harassment in the workplace.
This clause shall apply to all persons employed by Kamloops Dodge Chrysler Jeep Ltd .. The
filing of a complaint will not prejudice the job security or promotional opportunities of the
complainant. All information and supporting witnesses relevant to a complaint shall be treated
as privileged and strictly confidential, except as required by law to enforce discipline or to
provide procedural fairness to anyone involved.
16.02 JOINT INVESTIGATION COMMITTEE
If a complaint is filed, the parties agree to set up a Joint Harassment Investigation Committee
which will consist of one from management and one from the Union, with the General
Manager or his designate as a Chair. It is agreed that the committee will set up procedures for
investigating a complaint and make recommendations for resolving a complaint as soon as
possible.
ARTICLE 17 - LEAVES OF ABSENCE
The Company will comply with Part 6 of the Employment Standards Act in relation to all Leaves
of Absence required by statute, except as otherwise noted in this Article.
It will grant, when provided with sufficient notice, a leave of absence under the following
circumstances.
Page 21
17.01 COMPASSIONATE LEAVE
In the case of a death in the immediate family of an employee the Company shall grant up to
three (3) days' paid leave of absence from regular scheduled shifts at the employee's regular
rate of pay. The immediate family shall be: mother, father, stepmother, stepfather, spouse,
children, daughter-in-law, son-in-law, stepchildren, brother(s), sister(s), mother-in-law, father-inlaw, grandparents, and grandchildren.
17.02 JURY DUTY
Any employee who is summoned for Jury Duty or Coroner's Duty selection on a regular
scheduled work day will pay paid 1 day's leave less any fees paid by the summoning agency.
17.03 LEAVE FOR UNION BUSINESS
a) If any employee should be elected to act as a delegate for the Union, he/she shall be
allowed, upon sufficient notification, reasonable leave of absence without pay for the
transaction of Union business not exceeding one (1) month, provided that not more than
one (1) employees shall be absent at anyone time unless mutually agreed. For reasons of
Collective Bargaining or Union Schools the employer will allow two (2) employees to be off.
Unless otherwise mutually agreed two (2) employees will not be from the same job
classification or, should the two employees be from the same department and the leave of
both employees would interfere with regular business operations only one (1) employee
shall be granted the leave.
Unless alternate arrangements are made the employee taking such leave will continue to
be paid as if he/she continued to be at work and the Union will reimburse the employer on a
no added cost basis for all employer costs related to the employees employment, including
but not limited to benefits, payroll taxes, Workers Compensation Premiums, RRSP
contributions and any other employer costs.
b) If any employee should be elected to serve the Union on a full time basis, he/she shall be
considered, upon sufficient notification, to be on leave of absence without pay for a
maximum of two (2) years. He/she shall be re-employed at the same type of work that
he/she performed prior to his/her leave of absence and with seniority accumulated at the
time of leave beginning, provided that not more than one (1) employee is absent at anyone
time.
The employer will not be responsible for wage loss, benefits, Workers Compensation or
any other benefits the employee may be entitled under the terms of this collective
agreement during the time off unless alternate arrangements are made.
17.04
LEAVE FOR PERSONAL OR SPECIAL LEAVE
An employee may request an unpaid leave of absence for Personal Reasons and such leave
will not be unreasonably denied. The timing and duration will depend primarily on the
circumstances of personal leave and the effect the leave may have on the efficiency of
operations.
Page 22
An employee with three (3) or more years of seniority may request and receive up to three (3)
months Special Leave providing notice is given one (1) month in advance. Such leave will not
be unreasonably denied. If an employee takes a job elsewhere during the leave, without the
approval of the employer, he/she will be considered as having terminated his/her employment.
17.05 PAID BIRTH OR ADOPTION LEAVE
One day with pay leave of absence. Further leave may be applied for under Section 17.04.
17.06 MATERNITY OR ADOPTION LEAVE
a)
The Company shall grant an unpaid leave of absence of up to six (6) months to a female
employee who has a newborn child or adopts a child.
b)
An employee, in their pregnancy, shall be granted an indefinite leave of absence based
on medical advice prior to childbirth. After childbirth, leave shall not exceed six (6)
months as stated in Section 17.06 (a).
c)
Employees granted leave under this Section shall return to their former jobs without loss
of seniority or benefits for up to six (6) months after childbirth.
17.07 SICK LEAVE
Sick leave pay shall be granted up to a maximum of thirty-two (32) hours per year with regular
full time employees that were in receipt of sick leave prior to the date of certification and who are
off work due to illness. All other employees shall be granted up to a maximum of 16 hours of
sick leave per calendar year plus up to a maximum of 16 hours at 60 0/0 of their hourly rate to be
used during the WI waiting period per calendar year. Any unused sick leave shall be paid out on
the first pay period of the next calendar year.
17.08
SHORT TERM ILLNESS
In the event that an employee is unable to report for his/her scheduled shift due to sickness,
the employee shall contact Management directly or by voice mail or e-mail informing them
prior to the shift beginning.
Should the sickness be expected to continue resulting in further shifts being missed or if the
sickness ends, the employee is required to contact Management directly or by voice mail by
(3.00 p.m.) of each day informing them of his/her status. All employees are required to bring
in meaningful medical notes (not just a statement saying the employee was absent for medical
reasons) when requested by the Company.
ARTICLE 18 - BENEFIT PLAN
The Company is prepared to continue paying its portion for the existing benefit plan, for which
all employees have booklets summarising the benefits, and to continue sharing the cost 50/50
(generally, except for disability, etc.) as is currently the practice.
Page 23
18.01 CONTINUATION
The Company agrees to continue paying its share of the premiums to obtain the same or
comparable benefit coverage as that which was in effect for regular employees immediately
prior to the signing of this Collective Agreement. An outline of the Health and Welfare
benefits is described in the benefits booklet which has been provided to all employees. Pollcy
numbers #771763 and #1064.
18.02 LIMITATION OF LIABILITY
The Union agrees that the obligation of the Company under this Article is restricted to the
payment of premiums, or portions of premiums, as applicable, to the insurance carrier. It is
understood and agreed that neither the benefits nor the insurance policies governing the
application of the benefits, form part of this Agreement. The Union and the employees agree
that all benefits referred to in this Article are subject to the conditions of eligibility and any
other limitations expressed in the insurance carrier's policy and that the Company has no
responsibility for the administration of any insurance policy.
18.03 DISPUTED CLAIMS
In the case of a disputed claim both management and the union agree to provide copies of
relevant correspondence with the carrier to the other party.
18.04 CARRIER
The selection of the insurance carrier for any benefits is in the sole discretion of the Company,
provided the benefits are comparable.
18.05 ENROLMENT ELIGIBILITY
Employees become eligible for enrolment in the coverage outlined in this Article upon
successful completion of the probationary period. Participation by such employees in the
Medical Services Plan of British Columbia is voluntary; participation in the Group Benefit Plan
is mandatory.
18.06 BENEFIT COVERAGE
Where an employee takes a Leave of Absence without pay under Article 17, the Company
shall not be required to continue paying premiums for that employee's health and welfare
benefits. The employee shall be given the option of paying the Company's share of such
premiums for the duration of his leave of absence, and the Company would re-pay the
employee upon his/her return to work.
Page 24
18.07 BENEFIT COVERAGE WHILE OFF WORK
a) An employee who is off work and covered by WCB will continue to have the Company
portion of the Benefit Plan paid until cleared to return to work or untn twenty-six (26) weeks
have elapsed, whichever is soonest. The employee who is off work will in turn, advance to the
Company his/her share of the premiums of the core benefits.
b) An employee who is off work and covered by WI benefits will continue to have the Company
portion of the Benefit Plan paid until cleared to return to work or until seventeen (17) weeks
have elapsed, whichever is soonest. The employee who is off work will in turn, advance to the
Company his/her share of the premiums of the core benefits.
18.08 EMPLOYEE TO INFORM COMPANY WHILE OFF WORK
In the case of an employee off work due to illness, disability, or W.C.B. injury or disability, it is
the responsibility of the employee, on request by the Company, to regularly inform· the
Company and provide relevant information of his/her condition and expected date of return to
active employment.
18.09 BENEFIT COVERAGE WHILE AWAITING W.e.B.
An employee off work due to an accident, illness, or disability, which is the subject of a claim by
the employee to the W.C.B., may apply to the Plan for Weekly Indemnity benefits while
awaiting approval of his claim by W.C.B. The employee agrees to sign a subrogation
agreement to repay the Plan for the full costs of any advances by the Plan prior to the Plan
advancing any funds.
18.10 BENEFITS COVERAGE WHILE ON LAy..OFF
The Company shall maintain its share of premiums' for core benefits (medical, dental, and
extended health only) for an employee laid off one (1) month from the date of lay-off. The laid
off employee shall, in turn, advance to the Company his/her share of the premiums of the core
benefits.
In the event the lay-off extends beyond one (1) month, the Company agrees to maintain
coverage for the employee for the core benefits provided the employee advances to the
Company the total cost of the monthly premiums for such coverage.
18.11 EMPLOYEE PAYMENT OF HIS/HER SHARE OF PREMIUMS
th
The employees referred to in 18.06 and 18.09 shall make arrangements no later than the 15
of each month to have payment made for his/her share of the premiums of the core benefits, by
no later than the last day of the month for the following months premiums. Cancellation of
benefits for non payment is at the discretion of the carrier.
Page 25
ARTICLE 19 .. TOOL POLICY
19.01 TOOL INSURANCE
a)
Fire and Theft Tool Insurance will be provided up to a maximum coverage of thirty
thousand dollars ($ 30,000.00) per technician or apprentice subject to b) & c)
b)
This policy will only cover theft of employees' tools on the Company premises or
designated working place, provided there are visual signs of breaking and entering.
c)
The employee is responsible to submit to the Company an inventory of his/her tools
before being eligible for tool insurance.
19.02 TOOL REPLACEMENT
Where an employee owned tool must be modified or damaged to perform a job, the Company
shall repair or replace the tool at no cost to the employee, provided that:
a)
The modification or damage occurs during the performance of the employee's assigned
duties;
b)
The supervisor is advised and approves of the modification required, or of the potential
for tool damage, before the job proceeds;
c)
The modification required, or damage sustained, is not a result of negligence, abuse;
d)
A tool replaced due to approved modification becomes Company Property.
ARTICLE 20 .. ADJUSTMENT PLAN
20.01 ADJUSTMENT PLAN PROCESS
In the event of a pending reduction of the workforce the Parties will meet as soon as is
practicable to review options and alternatives to layoffs. These may include but are not
limited to work sharing, severance, incentives, early retirement opportunities etc.
Page 26
ARTICLE 21 - APPRENTICES
21.01 APPRENTICES
Where Apprentices are employed, the following rates shall apply:
Service/Parts Department:
1st
6
2nd
6
3rd
6
4th
6
5th
6
6th
6
7th
6
8th
6
Thereafter
months .......... 55% of Journeyperson's rate
months .......... 60% of Journeyperson's rate
months .......... 65% of Journeyperson's rate
months .......... 70% of Journeyperson's rate
months .......... 75% of Journeyperson's rate
months .......... 80% of Journeyperson's rate
months .......... 850/0 of Journeyperson's rate
months .......... 90% of Journeyperson's rate
1000/0
Service Advisor Training Scale:
1st 6 months nd
2 6 months rd
3 6 months 4th 6 months Thereafter 100%
75%
80%
85%
90%
of Advisor
of Advisor
of Advisor
of Advisor
Rate
Rate
Rate
Rate
ARTICLE 22 - WAGES
No monetary provision (including any provision the application of which has a cost impact for
the Company) in this Agreement shall apply, or be construed to apply, retroactively unless
there is express and unambiguous language saying so.
22.01 WAGE SCHEDULE
Employees shall be paid in accordance with the rates of pay negotiated by the Parties to this
Agreement. The applicable rates of pay are recorded as Schedule "A" to this Agreement.
22.02 WAGES PAID
Wages shall be paid every second Wednesday, with a maximum of five (5) working day's pay
held back. Employees will be given a proper statement of all hours, indicating overtime hours,
earning and deductions, covering each pay period. Checks will be sent by direct deposit to a
financial institute of the employee's choice, subject to any restrictions from bank system
requirements for package offering.
Within 30 days of ratification of this agreement all hourly staff will be paid bi weekly.
Monthly employees may select an amount of advance up to 40% of their total monthly earnings
to be paid on the 15th and the remainder to be paid at the end of the month.
Page 27
22.03 PAY DAY FALLING ON A STATUTORY HOLIDAY
In the event of a statutory holiday falling on a regular payday, the cheques shall be made
available on the preceding business day.
22.04 WORK IN A HIGHER CLASSIFICATION
Any employee performing work classified at a higher rate of pay shall receive such higher rate
while occupying the said classification, provided the employee works more than three (3) hours
in anyone (1) day in the higher classification.
22.05 PAYMENT FOR LOST TIME ON DAY OF INJURY
In the event of an employee being injured on the job and requiring medical attention straight time
will paid for time lost on the day injury occurs.
22.06 RECLASSIFICATION .. NEW POSITION
Should a new position be introduced or a substantial change in job content occur during the term
of this Agreement, the Parties will meet to discuss the appropriate rate and if agreement cannot
be reached, the issue will be grieved under the procedure identified in Article 9.02 of this
Agreement.
22.07 NO LOSS OF PAY
Should an employee be assigned to work on a temporary basis at a job with a lesser rate of pay
than that of the employees regular job, the employee reassigned will continue to be paid at the
higher rate of pay for the duration of the temporary assignment.
ARTICLE 23 .. TERM OF AGREEMENT
This Agreement shall be in effect from April 1,2011 up to March 31,2014 and from year to year
thereafter unless notice to commence lawful strike is provided by the Union or lawful lock-out
notice is provided by the Company.
ARTICLE 24 - SIGNING BONUS
The Company will pay all employees who are on the payroll and in the bargaining unit as of April
1, 2011 a one-time signing bonus of $500 (gross) promptly following the settlement of this
agreement.
Page 28
SCHEDULE "A"
Date of
Ratification
March
29,2012
Title
Current
Shop Foreman
Technician
Tower Operator
30.00
32.29
33.09
28.10
30.26
31.01
4,404.00
4,626.95
4,742.63
Based on a 9 hour day
1,700.00
1,947.50
1,996.19
Plus is 2.50/0 of Customer Labour Mechanical, plus
1/2% of Parts Customer Labour Mechanical
Service Writer
March
29,2013
33.92
31.79
4,861.19
2046.09
Based on
9 hour day
See Letter of Understanding for current staff
Shuttle Driver
Shop Cleanup /
washer
Lube
Parts Person
Parts Driver
Accounting clerk
Receptionist /
Admin
Receptionist
Part time
receptionist
9.50
9.99
10.25
10.51
3,914.00
9.74
10.76
4,112.15
10.25
11.03
4,317.45
10.51
11.31
4.527.89
10.00
vacant
10.25
2,665.00
10.89
2,731.63
11.54
2,799.92
13.50
13.84
11.28
15.09
11.56
16.37
11.85
10.00
10.25
10.51
10.77
15.38
15.76
16.15
15.76
16.15
14.71
15.08
9.50
Lot Manager
See Letter of Understanding for current staff
Head Detailer
15.38
See Letter of Understanding for current staff
Detailer
14.00
14.35
Flat Rate:
Flat rate paid employees will receive a minimum of 72 hours of pay per 2 week pay period. The 72
hours will be prorated by the number of full days at work divided by the number of working days in the
pay period.
Page 29
Schedule 8 - Group RRSP $$$
1)
2)
3)
ll
The Company will match contributions to a "structured R.R.S.P. for all full-time regular
employees with one (1) year of continuous service on the anniversary date as foHows:
The company will match employee contributions to the greater of $100 per month or to a
maximum of 2.125% of an employee's earnings per pay period, resulting in a 4.25% RRSP
contribution.
Participation in the group RRSP is voluntary, all participating employees will have payroll
deductions for R.R.S.P., and these deductions will be remitted monthly to the Carrier.
Employees who enroll for payroll deductions must do so for the full year.
Page 30
Schedule C
Department I Classification
Service Department:
Licensed Technicians
Apprentice
Lube
Tower Operator
Service Writer
Shuttle Driver
Shop Clean-up/ Wash
Detail
Parts Department:
Parts Person
Parts Driver
Administration:
Administration / Accounting Clerk
Receptionist
Sales:
Lot Manager
Lot person
Page 31
Upon ratification, the Parties mutually agree to implement the Agreement and to uphold the terms and
conditions as laid forth in the Agreement.
FOR THE EMPLOYER
c
FOR THE UNION
'Z:S;
DATE:
Page 32
LEITERS OF UNDERSTANDING
Letter of Understanding
Wage Schedule and Grandfathered Employees
The Company and the Union agree that the following employees' wages are grandfathered as below and are not
subject to the wages on Schedule 'A'.
Service Writers
Jino Bruno
(Senior
Service Writer)
Rena
Williams and
Dan
Anderson)
Current
Ratification
4,404.00
4,626.95
March 29112
March 29113
4,742.63
4,861.20
4,100.00
4,202.50
Based on 9 hour day
4,307.576
4,415.25
20.00
20.50
21.01
21.54
18.00
18.45
18.91
19.38
Lot Manager
Albert
Groensteyn
Head Detailer
John Dumont
Terry Armstrong will have her rate of pay guaranteed for the life of the agreement.
For the Union:
For Kamloops Dodge Chrysler Jeep Ltd.:
Page 33
LOU XX
Should any issues arise concerning the implementation of the new collective agreement, the Bargaining
Principals will meet to discuss the issues. If they are not able to resolve the issues, the Mediator will be seized of
the matter.
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