,,
COLLECTIVE AGREEMENT
BETWEEN:
UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175
(hereinafter called the "Union")
OF THE FIRST PART
-andMOLSON BREWERIES (TORONTO PLANT)
OF THE SECOND PART
WITNESSETH:
In consideration of the mutual terms and covenants hereinafter contained, it is hereby
agreed by and between the parties hereto as follows:
TERM:
JANUARY 1, 2015 TO DECEMBER 31,2019
TABLE OF CONTENTS
ARTICLE
PAGE#
ARTICLE 1 - PURPOSE ............................................................................................................. 4
ARTICLE 2- RECOGNITION ..................................................................................................... 4
ARTICLE 3- UNION SECURITY AND DEFINITIONS .............................................................. .4
ARTICLE 4- CHECK OFF ......................................................................................................... 5
ARTICLE 5- MANAGEMENT RIGHTS ...................................................................................... 6
ARTICLE 6- HIRING PRACTICES ............................................................................................ 6
ARTICLE 7- UNION ACTIVITIES .............................................................................................. 7
ARTICLE 8- INJURY OR ILLNESS ........................................................................................... 7
ARTICLE 9- SENIORITY ........................................................................................................... 7
ARTICLE 10- TRAINING & EDUCATION .................................................................................. 8
ARTICLE 11- PLANT HOLIDAYS ............................................................................................. 9
ARTICLE 12- ANNUAL VACATIONS ...................................................................................... 10
ARTICLE 13- HOURS OFWORKAND OVERTIME ............................................................... 12
ARTICLE 14- VACANCIES, PROMOTIONS, DEMOTIONS, TRANSFERS & LAYOFFS ...... 13
ARTICLE 15- PAYMENT OF WAGES ..................................................................................... 15
ARTICLE 16- NO STRIKE OR LOCK-OUTS ........................................................................... 15
ARTICLE 17- GRIEVANCE PROCEDURE ............................................................................. 16
ARTICLE 18- ADEQUATE MANPOWER ................................................................................ 17
ARTICLE 19- BULLETIN BOARDS ......................................................................................... 17
ARTICLE 20- JURY DUTY ...................................................................................................... 18
ARTICLE 21 -BEREAVEMENT ALLOWANCE ........................................................................ 18
ARTICLE 22- PENSION PLAN ................................................................................................ 18
ARTICLE 23 -WELFARE BENEFITS ...................................................................................... 19
ARTICLE 24- NO DISCRIMINATION ...................................................................................... 19
ARTICLE 25- MATERNITY LEAVE ......................................................................................... 19
ARTICLE 26- SAFETY- OBJECTIVES AND OBLIGATIONS ................................................. 20
ARTICLE 27- WORK CLOTHING ........................................................................................... 20
ARTICLE 28- GUARANTEED WAGE PLAN .................................................................. ,........ 20
ARTICLE 29- SHIFT PREMIUM .................... , .... :.................................................................... 21
ARTICLE 30- LEAVE OF ABSENCE ....................................................................................... 21
ARTICLE 31 -WAGE SCHEDULE ........................................................................................... 21
ARTICLE 32- SEPARATION PAY ........................................................................................... 21
ARTICLE 33- TERMINATION CLAUSE .................................................................................. 23
APPENDIX A (1996) ................................................................................................................. 24
APPENDIX B ............................................................................................................................25
LETTER OF UNDERSTANDING ............................................................................................. 36
RE: LAYOFF/BENEFIT ENTITLEMENT ................................................................................... 36
RE: DEFERRED RETIREMENT .............................................................................................. 37
RE: RETIREMENT INCENTIVES ............................................................................................. 39
RE: HUMAN RIGHTS ............................................................................................................... 41
RE: WEEKEND CREW ............................................................................................................43
RE: NON-REGULAR PAY PRACTICES ................................................................................. 46
RE: UFCW TRAINING AND EDUCATION FUND .................................................................... 47
RE: MODIFIED WORK WEEK (M.W.W.) ................................................................................. 48
2
RE:
RE:
RE:
RE:
RE:
RE:
RE:
RE:
QUALITY SERVICE .......................................................................................................... 51
TEMPORARY EMPLOYEE SHOE ALLOWANCE ............................................................. 54
CONTRACTING OUT ....................................................................................................... 55
POSITION ELIMINATIONS ............................................................................................... 66
CONTENTS OF COLLECTIVE AGREEMENT .................................................................. 59
BANKED OR CASHED-OUT VACATION ......................................................................... 60
TEMPORARY ASSIGNMENTS ........................................................................................ 61
VACATION ........................................................................................................................ 62
·3
ARTICLE 1 - PURPOSE
1.01
The purpose of this agreement is to promote harmonious relations between the Company and
its employees and to establish certain rules governing relations between them- the development
of efficiency for the profitable operations of the Company's business - the working conditions
and the welfare of its employees and - to facilitate the solution of such problems within the
jurisdiction of this Agreement as may arise from time to time.
1.02
The Company and the Union agree to meet from time to time to discuss matters of mutual
concern at the request of either party.
1.03
The designation s/he will be used throughout this agreement for purposes of conveying gender
neutrality.
ARTICLE 2 - RECOGNITION
2.01
The Union shall be the exclusive collective bargaining representative of all employees in the
bargaining unit employed by the Company at 1 Carlingview Drive, Toronto, Ontario being all
salaried office, clerical and nurses save and except Salesmen, hosts, hostesses, foremen,
supervisors, persons above the rank of foreman or supervisor, confidential secretary to the
general sales manager, secretary to the manager operations, secretary to the Personnel
Supervisor, sales administrator, distribution co-ordinator, buyer, plant stewardess, students
employed during the school vacation period, persons covered by subsisting collective
agreements.
2.02
The Company may establish new classifications from time to time. Prior to the establishment of
a new classification or reclassification of a current position, the Company agrees to advise and
meet with the Union to discuss such change.
ARTICLE 3 - UNION SECURITY AND DEFINITIONS
3.01
All present "regular" employees employed in the bargaining unit as described above, shall, as a
condition of employment, become and remain members of the Union.
3.02
"Probationary" employees employed in the bargaining unit as described above, shall, as a
condition of employment, obtain and maintain permit cards during their probationary period.
However, upon completion of their probation, they shall apply for, and maintain, membership in
the Union.
3.03
The Union agrees that any employee engaged by the Employer to work in the bargaining unit
who is satisfactory to the Employer will be allowed to make application for membership in the
Union on payment of the regular initiation fees and monthly dues, and will not be denied
membership without just cause.
4
3.04
Definitions
There will be 3 classes of employees:
(a) "Regular" employees -those employees who have successfully completed the prescribed
probationary period as set out in this agreement.
(b) "Probationary" employees - those who are undergoing a prescribed probationary period of
six (6) months continuous satisfactory service with the Employer prior to becoming "Regular"
employees.
(c) All other employees will be classed as "temporary". It is recognized by the Union and the
Employer that it is to the advantage of both parties to maintain as stable a regular staff as
conditions will permit. It is agreed that employment of temporary employees will not cause
the lay-off or displacement of its regular full-time employees. Students replacing or doing
partial work done by Union shall pay Union Dues.
ARTICLE 4- CHECK OFF
4.01
(a)(i) The Employer shall during the term of this agreement, as a condition of employment
deduct from members of the bargaining unit, the regular weekly union dues and such
dues shall be remitted to the Union in the format outlined in Article 4.01 (b) below, prior
to the 15th of the month following the month in which such deduction is made.
(ii) The Employer shall collect membership initiation fees as may be established by the Union
and forward any application forms and such fees to the Union in the format outlined in
Article 4.01 (b) below, with the regular monthly dues rem(ttance.
(b) The remittance statement shall be documented by location, containing a dues and initiation
report which will be provided In the form of e-mail ([email protected]) or on a computer
diskette as well as a hard copy of the dues report being attached to the remittance cheque.
The information provided shall be a standard spreadsh~et in "Excel", "Quattro Pro", "Lotus"
or other software program acceptable and adaptable to the Union. The spreadsheet will be
in a table format provided by the Union and will provide the following current information:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
S.I.N.
Employee number, if applicable
Full name (last, first, initials)
Full address, including City and Postal Code
Telephone number (including area code)
Date of hire
Rate of pay
Classification
Full-time or part-time designation
Union dues deducted (or the reason a deduction was not made). If dues are deducted
weekly, report requires five (5) columns for reporting
11. Total dues deducted
5
12. Back dues owing
13.lnitiation fees deducted
14. Total initiation fees deducted
(c) Authorization forms for deductions of union dues shall be provided by the Union and must
be completed by all bargaining unit employees.
(d) The Company agrees to record the annual union dues deduction for each employee on his
or her T-4 form.
(e) The Company agrees to acquaint new employees with the fact that a Union agreement is in
effect and with conditions of employment.
4.02
Temporary, probationary and contract employees are subject to a union dues check off.
4.03
In the event that such monthly dues are changed during the term of the Agreement, such
changes must be given to the Company by notice properly authorized by Union officials and
shall become effective one (1) month from the date the notice was received.
ARTICLE 5 • MANAGEMENT RIGHTS
5.01
The Union agrees that the Company has the exclusive right.
(a) To generally manage the enterprise in which the Company is engaged, and without restricting
the generality of the foregoing, to determine the number and location of its facilities and working
places; the methods of operation; the schedules of operation; the kinds and locations of
equipment, machines and materials to be used; the number and classification of employees
required by the Company, at any place from time to time; and to maintain order and efficiency.
(b) To hire, discharge, classify, train, transfer, promote, demote, layoff, suspend or discipline
employees; and to make, alter and amend rules of conduct, safety and procedures for
employees; and provided, however, that if any employ~e believes that the application of the
foregoing rights is in conflict with the provisions of the Agreement s/he may have the matter
dealt with under the grievance procedure.
5.02
The Company reserves any and all of its rights which have not been modified, limited, restricted,
or released in this Agreement.
ARTICLE 6 • HIRING PRACTICES
6.01
The Company agrees to give preference in hiring to temporary employees of the bargaining unit
who have the required qualifications and whose previous employment was satisfactory.
6.02
In the event that the Company engages new employees not already on the list of unemployed
members, it is agreed that these new employees will be required to sign a dues authorization
card at the time of hiring. The Company shall promptly notify the Chief Steward and the Local
Union when a new employee is engaged.
6
6.03
The previous practice of Supervisors performing duties of members of the bargaining unit during
emergencies, relief periods, training, and to assist during peaks, will be continued.
ARTICLE 7- UNION ACTIVITIES
7.01
No employee shall be discriminated against or discharged for his activity as a Union member or
for doing committee or other work for the Union, provided, however, that permission from the
employer is obtained if such activities occur during working hours and interfere with the
employee's normal duties on behalf of the Company. It is agreed that such permission, if
requested, will not be unreasonably withheld in any instance.
7.02
Further, the Company agrees to maintain the pay of employees granted leave of absence to
attend labour conventions, arbitrations, labour schools, etc., on the understanding the Union will
reimburse the Company for the amount of the salary involved.
7.03
The Company agrees to grant leave of absence for a period of not more than 12 months, or for
the balance of the duration of this Agreement, whichever is the longer, to any employee who has ·
been elected or appointed as an Official of the National Union or of the Local Union, if such
duties require him/her to have leave of absence from his/her Company duties on a full time basis.
7.04
Employees on such leave of absence may be continued as active members of the pension and
welfare plan upon payment of the total contributions whether from the Union or from the
employee concerned. During such periods of leave of absence the employee's seniority shall
continue to accumulate as if s/he were employed at his/her regular post by the Company.
7.05
Upon written application by the Secretary Treasurer of Local 175 of the Union, the Company
agrees to grant an Educational Leave of Absence, without loss of regular pay, not to exceed a
total of six (6) normal working days in any one calendar year, to elected Union officers. Such
educational leave will be so arranged between the Union and the Company so as to minimize
disruption of the Company's operations.
ARTICLE 8 - INJURY OR ILLNESS
8.01
Upon recovery from injury or illness, the employee shall receive his/her former position or some
other suitable job in his/her department if held by an employee with less seniority, if the
recovered employee is capable of performing the job in a satisfactory manner.
ARTICLE 9 - SENIORITY
9.01
Seniority shall be established on the basis of the employee's continuous service within the
Bargaining Unit. The period spent by an employee at any other location of Molson Breweries
shall be considered as service with the Company in computing an employee's Company
seniority. Company seniority shall be granted to an employee who is transferred from any other
location of Molson Breweries and s/he shall be placed accordingly on the Company seniority list.
9.02
All new employees shall serve a probationary period of six (6) continuous months from the date
of hire by the Company. During the probationary period, employees shall not have seniority.
7
9.03(i) Upon completion of his/her probationary period, the employee shall have his/her name placed
on the seniority list effective from the start date of his/her employment (including probationary
period).
(ii)When an employee is already in the bargaining unit as a temporary employee for six (6) or more
consecutive months and he/she accepts a full-time position, then the six (6) month probationary
period will be deemed to have already been served.
9.04
The seniority of an employee shall be lost if s/he:
(a) Quits; or
(b) Is discharged; or
(c) Is absent from work for three (3) or more consecutive days without notifying the Company
unless he or she gives a reason satisfactory to the Company for his or her failure to so notify
the Company; or
(d) Is transferred, outside of the bargaining unit, in accordance with Article 14:09; or
(e) Is laid off by the Company for a period in excess of twelve (12) months.
ARTICLE 10- TRAINING & EDUCATION
10.01 The Company and the Union mutually recognize the importance and necessity of assisting
employees to improve their skills and knowledge so that they may keep abreast of technological
advances and have opportunities for advancement. It is acknowledged that both the employee
and the Company have responsibilities in advancing the employee's knowledge and skills, in
order to meet the Company's needs in these areas.
10.02 In selecting an employee for training (except to a position the occupant of which is not classified
as an employee), the Company shall consider the following two (2) factors in determining which
employee shall be trained:
(a) The seniority of the employee concerned; and
(b) The ability, knowledge, training, skill of the employee concerned to do the work.
When in the judgment of the Company factor (b) is to all intents and purposes equal as between
two (2) or more employees, then, except as hereinafter provided, the employee having the
greater or greatest seniority will be entitled to preference. When judging the qualifications of
employees and their ability to meet the requirements of the job, the Company will consider all
the facts relevant to the work concerned.
10.03 To further this end, employees who desire to take educational courses on their own time, will be
eligible for refund of tuition costs (including prescribed text books) under the following conditions:
8
Refer to Ontario Education Assistance Policy for Salaried Non-Unionized Employees
ARTICLE 11- PLANT HOLIDAYS
11.01 The Company will observe the following Plant Holidays as outlined below:
Plant Holiday Schedule
Family Day
Good Friday
Easter
Monday
Victoria Day
Canada Day
Civic Holiday
Labour Day
Thanksgiving
Day
Christmas
Day
Boxing Day
New Year's
Day
January 2nd
2015
Monday
Feb. 16
Friday
April. 3
Monday
Apr. 6
Monday
May. 18
Friday
July3
Monday
August3
Monday
Sept. 7
Monday
October 12
Friday
Dec.25
Thursday
Dec.24
Thurs. Jan.
1,2015
Fri. Jan. 2,
2015
2016
Monday
Feb.15
Friday
March 25
Monday
Mar. 28
Monday
May23
Friday
July 1
Monday
August 1
Monday
Sept. 5
Monday
October 10
Monday
Dec.26
Tuesday
Dec.27
Thurs. Dec.
31,2015
Fri. Jan. 1,
2016
2017
Monday
Feb.20
Friday
April14
Monday
Apr. 17
Monday
May22
Monday
July3
Monday
August7
Monday
Sep.4
Monday
October 9
Monday
Dec. 25
Tuesday
Dec.26
Mon. Jan.
2,2017
Tue. Jan. 3,
2017
2018
Monday
Feb. 19
Friday
March 30
Monday
Apr. 2
Monday
May21
Monday
July2
Monday
August6
Monday
Sept. 3
Monday
October 8
Tuesday
Dec. 25
Wednesday
Dec.26
Mon. Jan.
1,2018
Tue. Jan: 2,
2018
2019
Monday
Feb.18
Friday
April19
Monday
Apr. 22
Monday
May20
Monday
July 1
Monday
August 5
Monday
Sept. 2
Monday
October 14
Wednesda
y Dec. 25
Thursday
Dec.26
Mon. Dec.
31,2018
Tues. Jan.
1,2019
and one additional day per year if declared by the Provincial Government.
11.02 If any of the said holidays should fall on a Saturday they will be observed on the previous Friday
and any that fall on a Sunday will be observed on the following Monday.
11.03 Employees on the seniority list will receive straight time pay for each of such holidays without
being required to work on such days provided that:
(a) The employee has worked at least five (5) days during the twenty (20) working days
immediately preceding the day on which such holiday is observed, and
9
(b) The employee has not been absent without permission on the last work day scheduled for
him/her immediately prior to the day on which the said holiday is observed or the first work
day scheduled for him/her immediately after the day on which the said holiday is observed.
11.04 In a calendar week in which one or more plant holidays is observed, the number of days in that
week which may be worked at straight time shall be reduced by the number of such holidays.
11.05 All hours worked on a Plant Holiday shall be paid for at the double time rate. Triple time shall
also be paid for any work performed in excess of seven and a half (7 & %) hours on any one
Plant Holiday.
In no case will overtime or premium compensation be duplicated or pyramided.
If called in to work on a Plant Holiday, an employee shall be provided at least four (4) hours of
work or pay at the double time rate.
11.06 When any of the plant holidays listed in Article 11:01 are observed during an employee's
vacation, s/he shall receive one day's pay for each of such holidays. In addition to his/her regular
vacation payment unless by mutual agreement between the employee and the Company the
employee is given another day off with pay in lieu of such holiday. Such lieu day shall be
scheduled by mutual agreement between the employee and the Company.
11.07 Probationary employees who have completed thirty (30) days of work for the Company since
their most recent date of hire and who would be eligible for plant holiday were they on the
seniority list by satisfying all preconditions for plant holiday entitlement for seniority employees
contained in the Collective Agreement, be entitled to benefit from the plant holiday provisions.
ARTICLE 12 ·ANNUAL VACATIONS
12.01 For the purpose of vacation scheduling pertaining to Articles 12.03 and 12.05 the vacation year
shall commence on April 1 and end on March 31 each year.
12.02 For the purpose of vacation scheduling, prime time will mean the period from June 15th to
September 15th.
12.03 Regular employees who have been hired prior to April 1st shall be entitled a vacation with pay
of one day for each completed calendar month of service by April 1st. In no case may such an
employee qualify for more than ten (1 0) working days of vacation.
12.04 Any employee qualifying under this paragraph must complete a minimum of three (3) months
service before vacation will be granted. In no event may vacation be taken prior to April1 st of
that year. An active temporary employee who becomes a new employee will, upon completion
of his/her probationary period, have his/her vacation anniversary back dated to the date he/she
commenced the period of consecutive employment with the Company.
12.05 An employee will be entitled to vacations with pay according to the following schedule:
10
2 weeks
3 weeks
4 weeks
5 weeks
6 weeks
7 weeks
after 1 year of service
after 3 years of service
after 8 years of service
after 15 years of service
after 20 years of service
after 25 years of service.
Employees hired after January 1, 2010 are entitled to a maximum of six (6) weeks holidays.
12.06 Eligible employees, as outlined above, who will complete 8, 15, 20 or 25 years of service after
April 1st in any year, but prior to the following March 31st, shall have their vacation entitlement
determined as if they had reached their 8th, 15th, 20th, and 25th anniversary date before April
1st.
12.07 Employees may split their vacation subject to the approval of their supervisor, but in any event
shall not use more than two weeks' vacation during prime vacation time. Employees may request
to use more than two (2) weeks' vacation during prime vacation time, and such request may be
granted at the discretion of the Company.
12.08 Employees will not be permitted to take cash in lieu of earned vacations or any portion thereof.
An exception to this rule will occur only in the case of severance from the Company's rolls or
retirement to pension.
12.09 Employees entitled to vacation under Article 12:03 shall be paid vacation of four per cent (4%)
of his/her total wages for the time worked prior to April 1st.
12.10 Vacation Bonus
(a)
As of July 1st in each year, employees who have three (3) or more years seniority will, in addition
to the normal vacation pay provided by Section 12:05, be paid a vacation bonus of twenty per
cent (20%) of their normal vacation payment.
(b) Employees entitled to a vacation bonus under Article 12.1 O(a) will have the dollar amount of
such bonus frozen at the July 1, 2000 level. The bonus will be paid in the normal course,
as per Article 12.1 O(a), for the year 2000. Thereafter commencing in April, 2001 the frozen
amount will be paid annually. Eligible employees shall allocate the frozen amount in a mix
of their choice into any or all of the following three options: receive a lump sum payment,
direct an amount to an RRSP, or use as Health account dollars. These options will apply
yearly to eligible employees.
Effective April1, 2001, there shall be no further payment of vacation bonus as per 12.01 (a).
Any employee not eligible to a vacation bonus as of July 1, 2000 shall have no entitlement
under Article 12.10.
12.11
For the purpose of scheduling vacation among regular employees, seniority is the guiding
principle to determine vacation selection.
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ARTICLE 13 - HOURS OF WORK AND OVERTIME
13.01
The present scheduled hours of work shall be intended to mean an eight (8) hour day
consisting of seven and one half (7&%) hours worked including two (2) fifteen (15) minute
paid breaks and one half(% ) hour unpaid meal break.
13.02
The work week shall commence at 12.01 a.m. Sunday and end at 12.00 p.m. the following
Saturday.
13.03
On an individual basis and to the extent practicable, an employee may change his/her
starting and quitting time when approved by the department supervisor.
Overtime Rates
13.04
Payment of overtime work by an employee must be authorized by the Company. Payment
of overtime rate shall be governed by the principles set out below.
13.05
Work in excess of the regular hours of work as identified in Article 13.01, will receive payment
at one and one half ( % )times the equivalent hourly rate for the first three (3) hours of daily
overtime and double (2) times for all overtime hours in excess of three (3).
13.06
Overtime at the rate of time and one half shall be paid for work performed by employees on
their first regularly assigned days off and double time shall be paid for work performed by
employees on their second regularly assigned time off. Employees who are scheduled to
work a shift on Saturday shall be paid at a rate of time and one half for all hours worked.
13.07
All hours worked on a Sunday, except those hours that are part of a regularly scheduled
shift, shall be paid for at the double time rate.
In a week in which one or more Statutory Holidays occur,. the work week will be reduced by
seven and a half (7&1/2) hours per Statutory Holiday for the purpose of the above overtime
payment.
In no case will overtime or premium compensation be duplicated or pyramided.
13.08
For the purpose of establishing the hourly overtime rate, the monthly salary of all employees
will be divided by 162.5.
13.09
Employees who are asked to work at least three (3) hours overtime continuous with their
regular shift and are required to remain at work on a shift extension, or employees that are
called at home on the day of the overtime requirement shall be granted a meal allowance of
$10.00
Employees that receive advance notice of overtime and employees that are scheduled for
twelve (12) hour shifts are not entitled to a meal allowance.
12
13.10
No employee will be called in for less than a four (4) hour overtime shift.
ARTICLE 14- VACANCIES, PROMOTIONS, DEMOTIONS, TRANSFERS & LAYOFFS
14.01
In cases of promotions and demotions, the Company shall consider the following three (3)
factors in determining which employees should receive the promotion or demotion:
(i) The Bargaining Unit seniority of each employee concerned.
(ii) The ability, qualifications and the experience of each employee concerned. When, in the
judgment of the Company, factor (ii) is equal to all intents and purposes between two (2) or
more employees the employees having the greater seniority shall be entitled to preference.
The Company shall exercise this judgment and shall determine the qualifications of
employees both in a fair and equitable manner.
(iii) All classifications in the bargaining unit will be considered prior to filling a job vacancy with
someone outside of the bargaining unit.
14.02 (i) When a higher rated job or other declared vacancy exists it shall be posted for a period of
seven (7) working days and a copy of the posting will be sent to the Chief Steward at the
time of posting.
(ii) Such vacancies that are to be posted shall contain the following information - nature of
position, qualifications required (knowledge, education and skills), and job group.
(iii) If the vacancy is not filled within twenty-one (21) days from the date the vacancy was posted,
all those employees who applied for the vacancy will be advised of the disposition of their
application. Regular employees who are on vacation for the total period during which a job
is posted under Section 14.02, shall have two (2) calendar weeks after the expiry date of the
posting in which to apply.
(iv) The Company agrees to supply the Union with names of all applicants for job positions on
the closing date of the posting. Further the Company also agrees to notify the Union of their
selection on the date of decision. Unless it is mutually agreed upon, if the successful
candidate is unable to start in the aforementioned position as a result of business
requirements, he/she will receive the pay rate of the new position no later than thirty (30)
days from the date he/she had been awarded the position.
(v) It is understood that to minimize departmental disruption involving transfers as the result of
a posted position, it is agreed that employees who have applied and been accepted for a
different position, unless mutually agreed, will not be eligible for another posted position
within the same salary classification for one year.
13
14.03
A move from one (1) job to another involving no change in job group shall not be considered
as a promotion or demotion.
14.04
If it becomes necessary to reduce staff, the Company shall first lay off all temporary or
probationary employees.
If further layoff is necessary, employees on the seniority list shall be laid off by seniority,
provided the senior employee is qualified and able to efficiently perform the work required
of him/her. The laid off employee may displace the most junior employee in the bargaining
unit of whom he/she is qualified to perform the work for. The Company further agrees to
provide a two (2) week familiarization period to the laid off employee.
When the working force is increased following a layoff the employee shall be recalled in
order of seniority provided that the recalled employee then has the qualifications to perform
the work.
14.05
An employee occupying a job on a temporary basis shall, upon termination of same, return
to his/her previous job, if it exists or the equivalent if available. In any case where the
temporary assignment is to a job carrying a higher pay rate, the employee shall receive the
higher rate for all hours worked including overtime. It is understood that the higher rate shall
mean the start rate for the job, unless said rate is lower, in which case Step 1 for the job
would then be paid. In any event, to receive the higher rate, the employee must work one
(1) week or more.
14.06
Employees who are temporarily transferred to a lower rated vacant job for the convenience
of the Company shall continue to receive their usual rate. However, employees who are
transferred pursuant to the seniority provisions in order to avoid laying them off or at the
employees' request, shall immediately take the rate for the job to which they are assigned.
14.07
In the event technological, mechanization, automation or procedural changes are instituted
at any time in the Company's operations, which result in the demotion of any employee, the
rate of pay of such employee shall be continued until such time as the negotiated rate of the
new job exceeds the former job. At that time the employee will be paid at the rate of the
new job.
The Company will provide the Union with as much advance notice as practical of any
intention to introduce automation, new equipment or new procedures which might result in
displacement of employees.
14.08
In the event an employee sustains an injury or industrial disease as defined by the Workers'
Compensation Act, and becomes physically handicapped as a result thereof, every
reasonable effort will be made by the Company to give the handicapped employee a job
suitable to his or her condition if such is available
14.09
Nothing in this agreement shall be construed to preclude the transfer of a person employed
by the Company who is included in the category of an employee to a position where he or
she is excluded from such category or vice versa. There shall be deemed to have been no
14
break in the continuous service of such person or employee by reason of such transfer,
unless the transfer exceeds twelve (12) months. For all temporary transfers out of the
bargaining unit, once the regular employee(s) return to the bargaining unit, the employee
may not be given another temporary transfer out of the bargaining unit until the employee
has been back in the bargaining unit for a minimum of three (3) months. For clarification:
regular employees return to their former position(s) in the bargaining unit.
14.10
The Company may transfer a person, who is included in the category of an employee under
the provisions of the Agreement with respect to plant employees, to a position where s/he is
included in the category of an employee in this Agreement. There shall be deemed to be
no break in continuous service of such person by reason of such transfer for purpose of
vacations or the probationary period set out in Article 14.01.
ARTICLE 15- PAYMENT OF WAGES
15.01
The present schedule for the semi-monthly payment of all moneys earned by an employee
covered under this Agreement will continue in its present form including the procedure for
overtime payments.
(i) An annual increase effective January 1st of each contract year of 1% for all permanent, full
time status employees hired before January 1, 2010 in Job Groups 1, 2, 3, 4 and 5
retroactive to January 1, 2015.
An annual increase effective January 1st of each contract year of 1.5% for all permanent, full
time status employees hired after January 1, 2010 in Job Group 1 ,2,4 and 5, retroactive to
January 1, 2010.
An annual increase effective January 1st of each contract years of 1. 75% for all permanent
full time status employees hired after January 1, 2010 in Job Group 3 retroactive to January
1' 2015.
An annual increase for temporary employees in each contract year of 25¢ (twenty-five) cents
·
thereafter for Job Groups 1, 2, 3, 4 and 5, retroactive to January 1, 2015.
Retroactive payments will be issued on a separate paystub, issued within a month of
written notice of ratification.
ARTICLE 16 - NO STRIKE OR LOCK-OUTS
16.01
In view of the orderly procedure arranged for the settlement of complaints and grievances it
is agreed that there will be no strikes or lock-outs instigated, endorsed or condoned by either
party to this Agreement.
16.02
If the employee in the Bargaining Unit encounters a bona fide picket line in the course of
his/her normal duties there shall be an immediate conference between the Parties hereto
before any decision is made by either Party as to whether the picket line should or should
not be respected.
15
ARTICLE 17- GRIEVANCE PROCEDURE
17.01
There shall be three (3) Shop Stewards recognized in the bargaining unit to assist
employees in presenting complaints or grievances. They may come from either Quality
Services or the Main Office areas but not all three (3) will come from any one of these areas.
In the event a steward is absent, an alternative steward or the Union's bargaining agent may
act.
One of the Shop Stewards will be selected by the Union as the Chief Steward.
17.02
The Union will advise the Company of three (3) regular employees selected as stewards,
and these stewards may act regarding the interpretation or a violation of this Agreement.
17.03
Should a dispute arise between the Company and any employee or group of employees
regarding the interpretation or violation of this Agreement, an earnest effort shall be made
to settle the dispute in the following manner:
17.04
Step 1
The employee(s) concerned in person, with or without steward in attendance, shall
first seek to settle the dispute with his immediate supervisor.
17.05
Step 2
Failing a satisfactory settlement within seven (7) calendar days by the supervisor
after the dispute was submitted at Step 1, the employee(s) concerned in person,
with a steward, may submit the dispute which shall contain all pertinent details in
writing to the Department Head. A grievance presented after the aforementioned
time limit shall not be arbitrable.
17.06
Step 3
Failing a satisfactory settlement within seven (7) calendar days by the department
head after the dispute was submitted under Step 2, the Chief Steward or the
Union's bargaining agent may submit the dispute to the Personnel Manager of the
Company.
17.07
The Union or the Company shall have the right to refer any dispute regarding the·
interpretation or violation of this Agreement to the Company or the Union as Step 3 where:
The grievance involves Union or Company policy, in which case the grievor(s) possible of
identification shall be named on the face of the grievance form.
17.08
17.09
17.10
Step 4
Failing a satisfactory settlement within seven (7) calendar days after the dispute
was submitted under Step 3, the Union or the Company may within thirty (30)
calendar days from the date the decision was made, or should have been made,
refer the dispute to a single arbitrator satisfactory to both parties.
The issue to be arbitrated shall be the written statement of the grievance and the answers
of the various management officials who have previously dealt with the matter.
In the event agreement to an arbitrator cannot be reached, either party may apply to the
Ontario Labour Management Arbitration Commission for a list of five prospective arbitrators
to be forwarded to each of the parties. Upon receiving the list, the parties have up to ten
16
(1 0) working days to accept an arbitrator from the list. If the acceptable person is unable to
act and agreement cannot be reached on any of the remaining names on the list, the
Registrar of the Commission will name an arbitrator different from those on the list and s/he
will be accepted by both parties.
17.11
The decision of the arbitrator in respect of an interpretation or alleged violation of this
Agreement, shall be final and binding upon the parties, but in no event shall s/he have the
power to alter, modify or amend this Agreement in any respect. The parties shall bear in
equal shares the expense of the arbitrator.
17.12
If a dispute is not submitted under Step I within seven (7) calendar days after the occurrence
of the act or when it became apparent, or decision giving rise to the dispute, or is not
advanced to the next stages under Steps 2 and 3 within seven (7) calendar days or is not
advanced to Step 4 from Step 3 within seven (7) calendar days after a decision was made
or should have been made, then the dispute shall be deemed to be abandoned and all rights
or recourse to the dispute procedure shall be at an end.
17.13
In respect to grievances covering discharge, Step I and 2 shall be omitted and the grievance
shall be dealt with starting at the 3rd Step.
17.14
Notwithstanding the foregoing, upon the mutual agreement of both parties, the time factor
referred in Steps 2, 3, or 4 may be increased.
17.15
In all cases while disputes are being investigated and settled, the employee and all other
parties involved, except an employee serving a disciplinary suspension, must continue to
work, but where an employee has been discharged by the Company, s/he shall not remain
in the employ of the Company while his/her case is being investigated and settled.
17.16
In the imposition of discipline, prior disciplinary written warnings or reprimands will not be
referred to after twelve (12) months; prior suspensions will not be referred to after thirty (30)
months.
ARTICLE 18 ·ADEQUATE MANPOWER
18.01 (a) The Company will supply adequate manpower on all operations in all departments at all
times so that an employee will not be required to perform more than a fair day's work.
(b) Clause (a) shall not be construed to mean that the manning of all operations is at present
exactly adequate, or that all employees are presently assigned exactly a fair day's work and
accordingly changes in the manning of crews and changes in an employee's workload may
be made so long as the resulting situation is not a violation of clause (a).
(c) The Company may be required to assign and/or re-allocate work to individuals based on the
needs of the Brewery.
ARTICLE 19 ·BULLETIN BOARDS
19.01
The Company will provide a bulletin board in the Main Office, Brewing and Bottling Buildings
17
for the use of the Union to post notices.
ARTICLE 20 - JURY DUTY
20.01
Should an employee be called for Jury Duty, Coroner's Jury or Crown Subpoenaed Witness,
the Company will supplement his/her jury pay or witness pay, to ensure that the employee
will receive totally, moneys equivalent to a day's pay at straight time pay at his/her regular
rate for those days s/he would actually have been at work during his/her service as a
juryperson or witness.
ARTICLE 21 -BEREAVEMENT ALLOWANCE
21.01
Should a bereavement occur in a regular employee's immediate family (members of his/her
household, parents, brothers or sisters, father-in-law, mother-in-law, son-in-law, and
daughter-in-law) s/he may request a bereavement leave, and s/he shall be granted such
time off with pay as is reasonable under the circumstances to enable him/her to look after
funeral arrangements or to attend the funeral. The extent of such leave shall be at the
discretion of the Company, depending upon the time of the bereavement in relation to his/her
regular time off, the distance to be travelled, etc. The general standard of bereavement time
off shall be three (3) consecutive days.
21.02
Providing prior permission is received, in the event an employee attends the funeral of a
brother-in-law or sister-in-law or grandparent or grandchild, on a regular scheduled work
day, time off with pay shall be granted. It is understood that permission will not be
unreasonably denied.
21.03
When an employee is granted time off during his regular scheduled shift to act as a
pall-bearer for a deceased fellow employee or pensioner of the Company, s/he shall be paid
at his/her rate of pay for any lost time incurred up to four (4) hours.
ARTICLE 22 - PENSION PLAN
22.01
Effective January 1, 2015, all local 175 members currently enrolled under the Defined
Benefit (DB) component of the pension plan will cease to accrue future DB benefits
based on the formula 1%/1.4% of base earnings and will be transferred into the
Defined Contribution (DC) component under the current formula of 5.5% of base
earnings.
Future service will be recognized under the DB component for retirement eligibility
(90 point rule).
Effective January 1, 2015, all regular employees with greater than 6 years' service will
be eligible to participate in a voluntary DC pension plan. Employees may contribute
1%, 2% or 3% of base earnings and the company will match the employee contribution
up to a maximum of 3% of employee's base earnings.
All regular employees will be eligible for a DC pension plan of 5.5% base earnings.
18
ARTICLE 23- WELFARE BENEFITS
23.01
The Group Benefits for Salaried Employees as published in June of 1972 and revised in
1974, 1975, 1976, 1977, 1984, 1989, 1998, 2004 and modified in 2009 shall be in effect.
ARTICLE 24- NO DISCRIMINATION
24.01
The Company and the Union agree that there will be no discrimination against any employee
because of race, creed, colour, sex, national origin or any other form of discrimination as
contained in the Ontario Human Rights Code.
ARTICLE 25- MATERNITY LEAVE
25.01
The Company will provide maternity I parental leave of absence without pay, as outlined in
the Employment Standards Act and the Employment Insurance Act.
25.02
An employee returning from maternity leave or parental leave shall be reinstated in his/her
former job with the applicable regular rate of pay, providing s/he was in receipt of it prior to
the commencement of his/her leave. If s/he had not attained the regular rate prior to his/her
leave, s/he will complete the necessary working time through the required steps, until s/he
qualifies for it.
25.03
The employee's seniority date will not be affected by the foregoing.
25.04
Regular employees on maternity or parental Leave will continue to receive coverage for the
following benefits: life insurance, accidental death and dismemberment, major medical and
dental, in addition to coverage under the terms of the pension plan.
All regular employees who are eligible for Employment Insurance benefits are eligible to
receive top up benefits if they have been a regular employee for at le.asttwelve consecutive
months prior to the date of the commencement of the leave.
Amount of Benefit
For the two week El waiting period, 60% of pre-leave weekly base earnings.
For a maximum of fifteen (15) weeks thereafter, assuming an El weekly benefit of $413.00,
a top up equivalent to 60% of the employee's regular pre-tax earnings, less any El benefits
received for the period.
Notwithstanding the foregoing, in no case will the Company be required to make up the
difference should the level of weekly El benefits fall below $413.00. In the event that the
level of El benefits should increase, this shall reduce the supplement to be provided by the
Company.
19
ARTICLE 26 ·SAFETY· OBJECTIVES AND OBLIGATIONS
26.01
The Company and the Union, recognizing the benefits from a safe and healthy place of
employment, agree that they shall co-operate in continuing and improving the measures
now in effect for the prevention of accidents and the elimination of health hazards.
26.02
The Company will agree to furnish protective garments, equipment and other safety devices
in accordance with the needs of the operations.
26.03
The Company agrees that a Union Safety Representative chosen from the employees by
the Union, will function as a member of the Accident Prevention Committee.
26.04
The Union undertakes to give full support to these objectives by promoting safety
consciousness and a personal sense of responsibility among its members. Time spent by
employees in attending in-plant Accident Prevention Committee Meetings during regular
working hours shall be paid for by the Company.
26.05
In the event the Union desires to make representation to the Worker's Compensation Board
on behalf of an employee, the Company agrees to provide information in respect to the
accident and first aid treatments.
ARTICLE 27 • WORK CLOTHING
27.01
The present practice in respect to providing certain employees with work clothing and the
cleaning or laundering of same, will continue.
27.02
A lump sum payment of $150.00 will be paid in January on an annual basis to all regular
employees whom the Company designates as requiring safety shoes in their work.
ARTICLE 28 ·GUARANTEED WAGE PLAN
28.01
The Guaranteed Wage Plan, a supplement to this Agreement shall be renewed from
September 1, 2015 to August 31, 2019. If approval is not received prior to September 1st,
it will become effective the first day of the month following Employment Insurance Board
approval.
Employees hired after January 1, 2010 will not be eligible for the guaranteed wage plan
(GWP) in its' entirety.
20
ARTICLE 29- SHIFT PREMIUM
29.01
The afternoon shift premium payable shall be $.65 (sixty five) cents per hour and the
midnight shift premium payable shall be $1.05 per hour.
29.02
Any shift commencing at 9:01 a.m. and up to and including 5:00 p.m. shall be considered
the afternoon shift, and any shift commencing at 5:01 p.m. and before 6:00 a.m. shall be
considered the midnight shift.
ARTICLE 30- LEAVE OF ABSENCE
30.01
On compassionate grounds or upon slackness of business, an employee may be granted
leave of absence upon written application to the Company, provided such leave does not
unnecessarily affect the operation of his/her department. Such leave of absence shall be
no bar to re-employment in his/her former position and to his/her seniority upon return.
ARTICLE 31 ·WAGE SCHEDULE
31.01
Attached hereto is Appendix A, which establishes the job classifications in their respective
levels and Appendix B which is the wage schedule.
ARTICLE 32 ·SEPARATION PAY
32.01
A regular employee shall be entitled to separation pay as set out in subsection .03 provided
s/he has not been excluded by subsection .02 and provided s/he meets any of the following
eligibility provisions:
(a) If s/he is terminated for a reason other than set out in subsection .02;
(b) If s/he is laid off and on any date during his layoff the hours scheduled for him/her during the
previous twelve (12) consecutive months were less than fifty percent (50%) of normal full
time hours provided s/he is not eligible for any Company or Government pension or for
benefits under the Company's insured Weekly Indemnity or Long Term Disability Plans;
(c) In special cases where a laid off employee appears to have little prospect of recall to regular
work within a period of six (6) months s/he may request immediate termination and
separation pay, and with the concurrence of the Company and the Union this may be granted
notwithstanding the eligibility clause in (b) above;
An employee eligible for a separation payment hereunder must apply for it no later than six
(6) months after s/he first becomes eligible, otherwise his/her right to such payment shall be
cancelled.
Notwithstanding the above, if the Company permanently discontinues an operation, an
employee laid off as a result thereof must apply for and shall receive any separation pay to
which s/he is entitled without waiting the six (6) months period.
32.02
Notwithstanding subsection .01, an employee shall be excluded from separation pay
eligibility, if:
21
(a) S/he quits;
(b) S/he is terminated for just cause;
(c) S/he is terminated under Section 9.04 of this collective agreement;
(d) S/he has been terminated because of specific direction or decree from any Government
authority which has the effect of curtailing any of the Company's operations, unless
(i)
(ii)
The direction or decree is the result of an illegal act committed by the Company
or one of its representatives, or
The direction or decree purports to change the method of beer retailing within the
Province;
(e) S/he has been laid off because of any act of war or the hostile act of any foreign power or
by any act of sabotage or insurrection or by any act of God;
(f) S/he is laid off and has arranged with the Company to take leave of absence without pay for
a specific period in lieu of his/her layoff;
(g) S/he is in receipt of income replacement benefits under the Weekly Indemnity or Long Term
Disability Plans or the Worker's Compensation Act;
(h) S/he is entitled to receive any pension under the Company or Government Pension Plan.
32.03
The amount of the separation payment of an eligible employee shall be equal to:
(a) One (1) week's base earnings (computed on the basis of his/her hourly rate in effect as of
time of layoff) multiplied by the number of his/her completed years of seniority (as used for
vacation entitlement) as of the last days/he actively worked in the Bargaining Unit, plus
(b) For employees classified as probationary or regular employees prior to March 21, 1988, an
additional Three Hundred and Seventy-five Dollars ($375.00) multiplied by his/her
completed years of seniority used in (a) above to a maximum of fifteen (15) years. However,
such eligible employee who applies for separation pay at the times/he first becomes eligible
therefore shall have his/her separation pay under this part (b) calculated as Seven Hundred
and Fifty dollars ($750.00) multiplied by his/her completed years of seniority used in (a)
above to a maximum of fifteen (15) years. If there is a permanent closure of the brewery
the fifteen (15) year maximum is replaced with a twenty two (22) year maximum.
32.04
The Company shall be authorized to deduct from any separation pay payable to an
employee hereunder the amount of any Guaranteed Wage Plan payment made to such
employee which the employee was not entitled to receive.
32.05
If an employee applies for and accepts a separation payment hereunder, his/her
employment is terminated and his/her seniority and other rights under the Collective
Bargaining Agreement are cancelled.
22
ARTICLE 33- TERMINATION CLAUSE
33.01 (a) This Agreement shall be in full force and effect to the 31st of December, 2019 and shall
automatically continue from year to year for periods of one year at a time, unless either party
serves notice on the other party not more than ninety (90) days and not less than thirty (30)
days prior to an annual expiry date stating that negotiations for amendments are desired.
(b) When such notice has been given by either party bound by this Agreement, the parties shall
meet within fifteen ( 15) days from the giving of the notice or within such further period as the
parties may agree upon, and they shall bargain in good faith and make every reasonable
effort to make a collective agreement.
(c) A written list of the proposed changes shall be submitted at least thirty (30) days before the
expiration date.
(d) All conditions of this Agreement are to remain in full force and effect until negotiations are
completed and/or conciliation proceedings exhausted.
IN WITNESS WHEREOF the parties hereto have affixed their signatures this:Ll_ day of
2015
¥
)
23
MOLSON BREWERIES -TORONTO, ONTARIO
APPENDIX A (1996)
CLASSIFICATION
i.
Centralized Scheduling Clerk
JOB GROUP
4
ii. Centralized Payroll Clerk
4
iii. Administration Clerk
4
iv. Inventory Clerk
4
v. Plant Nurse
4
vi. Transactional Data Clerk
4
vii. Distribution Clerk
4
viii. Quality Service Analyst
5
ix. Microbiologist
5
x. Central Store Clerk
4
24
APPENDIX B
MOLSON BREWERIES -TORONTO PLANT
SALARY SCHEDULE
Wages and Classifications: The following two bullets apply to new employees hired after the
date of ratification only:
•
Clerks in the Brewing, Packaging, Engineering, Distribution Clerk and Warehouse, hired after
January 1, 2010, will be classified as Group 3 employees.
•
Microbiologists and Quality Service Analysts hired after January 1, 2010 will be Group four (4).
However, temporary Quality Analysts will receive a rate of pay $4.00 an hour more than the
rate paid to other temporary Local 175 employees.
Term
5 Years
Payment of Wages for
Regular Employees
hired before Jan 1st
2010
Job group 1
Job Group 2
Job Group 3
Job Group 4
Job Group 5
Salary at Dec. 31, 2014
$ 36,820.81
$ 47,513.06
$48,310.78
$65,958.60
$ 70,049.70
$ 37,189.02
$47,988.19
$48,793.89
$66,618.19
$ 70,750.20
$ 37,560.91
$48,468.07
$49,281.83
$67,284.37
$ 71,457.70
$37,936.52
$48,952.75
. $ 49,774.64
$ 67,957.21
$72,172.28
$ 38,315.88
$49,442.28
$50,272.39
$68,636.78
$72,894.00
$38,699.04
$49,936.70
$50,775.12
$69,323.15
$73,622.94
Year 1- Jan.
1/15
Year 2- Jan.
1/16
Year 3- Jan.
1/17
Year 4- Jan.
1/18
Year 5- Jan.
1/19
1%
annual
increase
25
Payment of
Wages for
Regular
Employees
hired after Jan
Job
Group
1
Job
Group 2
Job
Group
3
Job
Group
4
Job
Group
5
36,820.81
47,513.06
48,310.78
65,958.60
70,049.70
66,947.98
71 '1 00.45
1st 2010
Salary at Dec.
31,2014
1.5%
Year1annu
Jan.
al
1/15
incre
1.5%
1.75%
annual
increase
37,373.12
48,225.76
37,933.72
48,949.14
50,016.45
67,952.20
72,166.95
38,502.72
49,683.38
50,891.74
68,971.48
73,249.46
39,080.27
50,428.63
51,782.35
70,006.05
74,348.20
39,666.47
51' 185.06
52,688.54
71,056.14
75,463.42
annual
increase
49,156.22
ase
Year 2Jan.
1/16
Year 3Jan.
1/17
Year 4Jan.
1/18
Year 5Jan.
1/19
Regular Employees
New salaries of those hired permanently as of January 1, 2015
Job Group
START
Step 1 After 3
months
Step 2 after 9
months
Step 3 after 15
months
1
$33,324.12
$34,712.62
$36,065.06
$37,373.12
2
$43,000.98
$44,792.68
$46,537.85
$48,225.76
3
$43,830.63
$45,656.91
$47,435.75
$49,156.22
4
$59,694.83
$62,182.12
$64,604.80
$66,947.98
5
$63,397.42
$66,038.98
$68,611.93
$71,100.45
TEMPORARY RATES
1/2/3/4
$16.65
5
$20.65
26
Regular Employees
New salaries of those hired permanently as of January 1, 2016
Job Group
START
Step 1 After 3
months
Step 2 after 9
months
Step 3 after 15
months
1
$33,648.73
$35,050.76
$36,4:16.37
$37,933.72
2
$43,419.85
$45,229.01
$46,991.18
$48,949.14
3
$44,366.59
$46,215.20
$48,015.79
$50,016.45
4
$60,276.32
$62,787.83
$65,234.11
$67,952.20
5
$64,014.97
$66,682.26
$69,280.27
$72,166.95
TEMPORARY RATES
1,2,3,4
$16.90
5
$20.90
Regular Employees
New salaries of those hired permanently as of January 1, 2017
Group
START
Step 1 After 3
months
Step 2 after 9
months
Step 3 after 15
months
1
$34,153.46
$35,576.52
$36,962.62
$38,502.72
2
$44,071.14
$45,907.44
$47,696.04
$49,683.38
3
$45,143.01
$47,023.97
$48,856.07
$50,891.74
4
$61,180.46
$63,729.65
$66,212.62
$68,971.48
5
$64,975.20
$67,682.50
$70,319.48
$73,249.46
TEMPORARY RATES
. 1,2,3,4
5
$17.15
$21.15
27
Regular Employees
New salaries of those hired permanently as of January 1, 2018
Job Group
START
Step 1 After 3
months
1
$ 34,665.76
$36,110.17
$
37,517.06
$ 39,080.27
2
$44,732.21
$46,596.05
$
48,411.48
$ 50,428.63
Step 2 after 9
months
Step 3 after 15
months
3
$
45,933.01
$47,846.89
$
49,711.05
$ 51,782.35
4
$
62,098.17
$ 64,685.59
$
67,205.81
$ 70,006.05
5
$
65,949.83
$ 68,697.74
$
71,374.27
$ 74,348.20
TEMPORARY RATES
1,2,3,4
$17.40
5
$21.40
Regular Employees
New salaries of those hired permanently as of January 1, 2019
START
Job Group
Step 1 After 3
months
Step 2 after 9
months
Step 3 after 15 months
1
$
35,185.75
$ 36,651.82
$
38,079.81
$ 39,666.47
2
$
45,403.20
$ 47,294.99
$
49,137.66
$ 51,185.06
3
$
46,736.84
$ 48,684.21
$
50,581.00
$ 52,688.54
4
$
63,029.64
$ 65,655.88
$
68,213.90
$ 71,056.14
5
$
66,939.07
$ 69,728.20
$
72,444.88
$ 75,463.42
TEMPORARY RATES
1,2,3,4
$17.65
5
$21.65
28
APPENDIX C:
MOLSON BREWERIES -TORONTO PLANT
VARIABLE PAY
Regular employees will participate in the Molson Coors Incentive Plan program that applies to
management employees of the Company. The Target bonus for all regular employees will be five
percent (5%) of the annual base salary for the duration of this collective agreement. The terms of the
program will be outlined in the Molson Coors Incentive Plan (MCIP) brochure as designed by the
company.
29
GUARANTEED WAGE PLAN
MOLSON BREWERIES - TORONTO PLANT
This Agreement made this 2nd Day of August 2000
WHEREAS the Company has entered into a Collective Agreement with the above named Union
covering the Bargaining Unit in Toronto.
AND WHEREAS the said Parties have agreed to make this supplementary Agreement which is to be
a supplement to the said Collective Agreement, and any grievances arising out of the administration of
this supplement may be dealt with under the Grievance Procedure of the Collective Agreement.
NOW THEREFORE the Parties agree to the continuation of the Guaranteed Wage Plan as hereinafter
set forth with such continuation to become effective on the 1st day of September, 2000 or on any later
date on which approval for continuation has been received from the Federal Government holding that:
(a)
The Plan meets the requirement of Employment and Immigration Canada with respect to
Supplemental Unemployment Benefit Plans,
(b)
Payments by the Company pursuant to this plan will be classed as deductible expenses for
corporate income tax purposes, and,
(c)
The receipt by employees of the benefits provided by this Plan will not disqualify such employees
from receiving any part of the Unemployment Insurance Benefits to which they would otherwise
be entitled.
1.
Purpose
The purpose of this Plan is to provide a method of guaranteeing income to certain employees
who are laid off.
2.
Eligibility for Participation in the Plan
Any regular employee having at least one year of seniority determined as of the September 1st
immediately preceding his/her layoff shall be eligible to participate in this Plan.
Notwithstanding the above, employees not classified as regular employees prior to February 17,
1988 shall not be eligible to participate in this Plan until September 1st of the year following the
employee's attainment of three (3) years of seniority.
Employees hired after January 1, 2010 are not eligible for entry into the Guaranteed Wage Plan.
30
3.
Exceptions
This Plan has no application to and provides no benefits for:
4.
(a)
Employees who have been laid off for disciplinary reasons and if such layoff is questioned
under the Grievance Procedure of the Collective Agreement final disposition of any
grievance will determine the employee's status under the Plan.
(b)
Employees who have been laid off because of any strike, lockout, slowdown, picketing or
other action by employees of this Company or by employees of any other employer who
are represented for collective bargaining purposes by any union in the Ontario Brewing
Industry or by any Local thereof or successor Unions thereto.
(c)
Employees who have been terminated because of specific direction or decree from any
Governmental authority which has the effect of curtailing any of the Company's
operations; unless
(i)
The direction or decree is the result of an illegal act committed by the Company or
one of its representatives, or
(ii)
The direction or decree purports to change the method of beer distribution or beer
retailing within the Province of Ontario.
(d)
Employees who have been laid off because of any act of war or the hostile act of any
foreign power or by any act of sabotage or insurrection or by any act of God.
(e)
Employees who are laid off and who have arranged with the Company to take leave of
absence without pay for a specific period in lieu of their lay-off. These employees will be
deemed to have opted out of the Plan for such period.
Disqualification for Benefits
An employee who has been laid off and who would otherwise be eligible for participation in the
Plan shall not receive any payments under the Plan for any week:
(i)
In which s/he has been on layoff and has failed to apply for U.l. benefits, or in which s/he
has been disqualified or disentitled from U.l. benefits by any reason other than serving a
two (2) week waiting period.
(ii)
In which s/he has been on layoff and has failed to keep himself registered for employment
with the Canada Manpower Centre in those cases where such registration is necessary
to qualify for U. I. benefits or for reduction of U. I. waiting period. ·
31
(iii)
In which s/he has failed or refused to accept employment deemed suitable for him/her by
the Unemployment Insurance Commission.
(iv)
In which s/he has failed to accept and report for any appropriate work assignment of at
least one (1) normal working day unless excused for reasonable cause.
(v)
In which s/he is in receipt of a benefit provided by the Company's Disability Income
Program or insured Long Term Disability Plan.
(vi)
After s/he has become entitled to receive any pension under the Company or Government
Pension Plan.
(vii)
5.
In respect of which s/he is qualified for Compensation from the Worker's Compensation
Board for any compensable accident or illness.
Definitions
For the purposes of this Plan:
"Wages" shall mean actual earnings for work performed and vacation pay, payment for any leave
of absence with pay granted, e.g. jury duty, bereavement pay, payment for Statutory Holidays
and call-in pay.
"Week" shall mean the Company's payroll week.
"Compensated and available hours" means as applied to any particular week for any employee:
(a)
All hours worked by the employee for the Company or for any other employer in such
week, P!us
(b)
All hours not worked by the employee in such week but for which he receives wages from
any employer, plus
(c)
All hours scheduled in such week for an employee who is not on layoff and which s/he
has not worked for any reason other than lack of work after being given reasonable notice
according to the established practice of the Company that such scheduled hours were
available to be worked by him/her.
"Week of layoff" means a week in which the employee's compensated and available hours are
less than the present scheduled hours.
6.
Benefits Provided for Laid Off Employees
32
Subject to the terms and conditions of the Plan as herein set out each eligible employee who is
laid off from the Bargaining Unit shall receive in addition to any wages earned in the week a
benefit from the Plan for each week of layoff calculated by determining the product of items 1, 2
and 3 below and deducting from such product the sum of item 4 below.
7.
( 1)
Seventy percent (70%) for eligible employees as hereinabove defined.
(2)
The straight time hourly rate of the employee in effect as of time of layoff.
(3)
The excess of present scheduled hours over the compensated and available hours of the
employee.
(4)
The actual benefit, if any, for which such employee is eligible under the Unemployment
Insurance Act for such week.
Welfare Benefits During Layoff
An employee who is laid off continues to participate in the Welfare Plan of the Company
applicable to employees in his/her Bargaining Unit to the end of the month following the last
month in which s/he has worked in the Bargaining Unit, or until the end of the last month during
which s/he has drawn a benefit under this Plan, whichever is the later. Welfare Plan for the
purpose of this section does not include the Pension Plan or the Company's Disability Income
Plan and Insured Long Term Disability Plans which cover only indemnity for wages actually lost
because of illness or accident.
An employee on layoff who, pursuant to the above, has ceased to participate in the Welfare Plan
is restored to participation immediately upon completion of one shift of work in the Bargaining
Unit.
8.8.
Duration of Benefits
The maximum benefit entitlement of an employee at any time shall not exceed that benefit
established in accordance with Table 'A'. However, the employee's actual benefit entitlement
will be less than the maximum benefit entitlement if he has used any benefits and has not
subsequently restored them.
Weeks of benefits are restored based upon the formula of 1/10th of a week for each full shift
during which the employee earned wages from the Company up to the employee's maximum
benefit entitlement set out in Table 'A' below. No credits towards future benefit entitlements are
allowed for wages earned during any period in which the employee is already entitled to .the
maximum benefits set out in Table 'A'.
33
TABLE "A"
Completed years of
Seniority Determined
as of the September 1st
immediately preceding
his/her layoff
15 Years or more
10 Years or more
5 Years or more
4 Years or more
3 Years or more
Maximum Benefit Entitlement
78 Weeks
65 Weeks
52 Weeks
45 Weeks
35 Weeks
of benefits
of benefits
of benefits
of benefits
of benefits
The maximum number of weeks of benefits which an employee may use during any twelve (12) month period
commencing September 1st shall not exceed his Maximum Benefit Entitlement determined as of that September
1st in accordance with Table 'A' above.
Each eligible employee's weeks of benefits shall be decreased by one week for each week in respect of which
he is on layoff and in receipt of benefits for more than four (4) shifts and by 4/5ths of one week for each week in
which he is on layoff and in receipt of benefits for more than three (3) shifts and by 3/5ths of one week for each
week in which he is on layoff and in receipt of benefits for more than two (2) shifts and by 2/5ths of one week for
each week in which he is on layoff and in receipt of benefits for more than one ( 1) shift and by 1/5th of a week
in which he is on layoff and in receipt of benefits for one (1) shift or less; and his weeks of benefits shall also be
decreased by one week for each week in which s/he is on layoff but was disqualified for any of the reasons set
out in subsections (i), (ii), (iii), and (iv) of Section 4.
9. Deductions
Any payment made under this Plan shall be subject to any deductions required by Federal, Provincial or
Municipal authority or by the provisions of the Collective Agreement, or by voluntary authorization from the
employee concerned.
10. Applications
Employees shall be required to observe such rules and follow such procedures and make such reports and
applications as shall be prescribed by the Company after consultation with the Union. The willful falsification
of any fact material to the determination of an employee's benefit rights under the Plan shall result in the
forfeiture of any benefit rights s/he may have under the Plan for a period of twelve (12) months subsequent
to the discovery of such falsification, and this shall not preclude any other disciplinary action which may be
imposed subject to the Grievance Procedure of the Collective Agreement.
11. Reporting
The Company will make periodic reports to the Union weekly while employees are laid off and receiving
benefits under the Plan and quarterly if no employees are on layoff, giving the Union complete information
as to the number of employees who have been laid off, the duration thereof, the payments made to each
individual under the Plan, the number of ineligible and disqualified employees, and such other similar
information as may be relevant.
34
12. Duration of Agreement
This Agreement shall continue from January 1, 2015 to December 31, 2019.
During negotiations for renewal of the relevant Collective Agreement, the Union is free to request
amendments to this Agreement which shall also be part of such negotiations, but on the understanding that
any amendments to this Agreement will not take effect any earlier than September 1, 2015.
13. Clarification Notes
1. Under no circumstances will the aggregate of E. I benefits plus the weekly G.W.P. benefit payable to an
eligible employee exceed 95% of the employee's regular weekly wage.
2. Pursuant to Section 4 of the G.W.P., an eligible employee only receives the G.W.P. benefit in respect of
a period in which he/she is actually in receipt of E.l. benefits with the only exception being the two week
E.l. waiting period.
3. The employees covered by the Collective Agreement have no vested rights in the G.W.P.
4. Molson Breweries pays G.W.P. benefits out of its general revenue.
5. Molson Breweries uses either the E. I. cheque stub or the E. I. G.W.P. report to confirm the receipt of E. I.
benefits prior to paying G.W.P. benefits to any eligible employee.
6. Payments made out of the G.W.P. do not operate to effect the amount of severance pay to which an
employee is entitled pursuant to the Separation Pay provisions of the Collective Agreement.
7. The Plan is applicable only for periods of temporary layoff.
IN WITNESS WHEREOF the parties hereto have affixed their signatures this
of
~i \
d..}
day
,2015
·ON BEHALF OF THE UNION
~~~~-
35
LETTER OF UNDERSTANDING
RE: LAYOFF/BENEFIT ENTITLEMENT
An employee's eligibility for salary continuance and participation in the Long Term
Disability Plan ceases immediately upon his/her layoff and is reinstated upon his/her
recall to work and completion of one complete regular shift in the Bargaining Unit.
Notwithstanding the above, an employee with ten (1 0) or more years Company seniority
who is laid off, and who, if recalled within two (2) weeks or less, is unable to report to work
due to sickness or non-occupational accident, shall be eligible for participation in the
salary continuance and Long Term Disability Plan, effective the date of his/her recall.
IN WITNESS WHEREOF the parties hereto have affixed their signatures this a/_ day
of__~~~~-·i......Jo.\___ , 2015
~ ~EHALF OF THE UNION
~~~-
36
LETTER OF UNDERSTANDING
RE: DEFERRED RETIREMENT
Mandatory retirement at age sixty five (65) is no longer permitted by law in this province
and a regular employee may continue in employment beyond his or her normal retirement
date. Therefore, the following conditions shall govern such employment:
1. The Pension to which the employee has become entitled at his/her normal retirement
date (the "Pension"), shall be frozen as of the employee's normal retirement date as
defined in the Pension Plan.
2. The employee's Pension shall become payable as of the first day of the month
immediately following the month the employee ceased to be employed with the
Company or as of December 1st of the calendar year during which he reaches his
seventy-first (71 st) birthday, whichever shall first occur (the "Pension Date").
3. The employee's Pension will include any escalation benefits which occur from his/her
normal retirement date to his Pension Date.
4. No contribution to the Pension Plan will be made after the employee has reached
his/her normal retirement date and no service shall be credited after the
aforementioned date.
5. An employee's Pension will not be affected by any amendments made to the Pension
Plan after the employee's normal retirement date.
6. An employee's Pension benefits will be actuarially reviewed effective as at the Pension
Date having regard to the employee's Pension having been deferred since his/her
normal retirement date.
7. For purposes of calculation, any minimum pension supplement, the Canada Pension
Plan and Old Age Security benefits, where applicable, will be taken into account at the
level in effect at the employee's normal retirement date.
8. An employee who continues in the employ of the Company after his/her normal
retirement date as defined in the Pension Plan, shall be entitled to only the insured
welfare benefits provided to employees on retirement as at his/her normal retirement
date.
~NESS WHEREOF the parties hereto have affixed their signatures thiscS21. day of
'-~---l-\-....___,__~_.____, 2015
.
37
ON BEHALF OF THE UNION
~\~\~-
~
38
LETTER OF UNDERSTANDING
RE: RETIREMENT INCENTIVES
During the 2015 negotiations the Parties entered into discussions surrounding
retirement incentives. The following was agreed to regarding regular employees who
meet the 90 point criteria (years of credited pension service+ years of age= 90) and
who are at least age 55, and subsequently choose to voluntarily retire at any time
starting January 1, 2015 and the expiry of the Collective Agreement.
1) Effective January 1, 2015, and up to an including December 31, 2019, a $50,000.00
retirement incentive will be offered to seven (7) employees who have already
reached 90 points or will reach 90 points during the course of this collective
agreement.
2)
Employees will be notified by the Company in writing six (6) months prior to, and
they will also be notified through their annual pension statements of their 90 point
attainment date (also referred to as the earliest unreduced date).
3)
Upon ratification of this agreement employees that have attained 90 points and
were eligible to retire at any time prior to January 1, 2015 will have up to March 31st
2015 to notify the Human Resources Department in writing of their intent to retire or
they will no longer be eligible for the incentive. Once notification has been received
those employees will be required to retire on May 15 \ 2015.
4)
Employees attaining 90 points and who are at least age 55 at any time after
January 1st, 2015 will be required to retire on the first day of the first month following
his/her first eligibility of the 90 point date in order to be eligible to receive the
$50,000.00 retirement incentive.
5) The $50,000.00 payment will be applicable to all regular tax deductions.
6)
If applicable, an employee will have the option of investing the $50,000.00 payment
in an RRSP.
7) Benefits will remain the same as per Article 23- Welfare Benefits.
IN WITNESS WHEREOF the parties hereto have affixed their signatures this
of
¥\\
,2015
&/
day
39
ON
40
LETTER OF UNDERSTANDING
RE: HUMAN RIGHTS
It is mutually agreed, by the Company and the Union that the attached language on
Human Rights will become part of the Collective Agreement and constitute full and final
resolution to the proposal submitted during negotiations:
IN WITNESS WHEREOF the parties hereto have affixed their signatures thisclJ_ day
of__~-h=oi:::J-'f7J.c..L£_:_\,____ _ , 2015
ON BEHALF OF THE UNION
~~~~~-
41
HUMAN RIGHTS
1.
Workplace Violence and Harassment (Bill 168), which is prohibited under the
Human Rights Code or the Company policy referred to in Section 2, will not be
tolerated in the Workplace. Such harassment shall include, but not be limited to:
(i)
Unwanted physical contact, unnecessary touching, physical interference
with work or movement;
(ii)
Derogatory comments, demeaning jokes or slurs to members of the same
or the opposite sex, including inappropriate reference to individual
appearance or clothing;
(iii)
Implied or expressed promises of reward for complying with sexually
oriented request;
(iv)
Threats of reprisal for not complying with, a sexually oriented request.
2.
The employer and the union agree in principle to the Company Policy against
harassment. The employer will make all management personnel and employees
aware that violations of the policy shall be subject to disciplinary action. The
employer also agrees to include the subject of harassment in staff or management
training sessions.
3.
Harassment shall be considered as discrimination and shall be eligible to be
processed as a grievance.
4.
Where the alleged harasser is the person who would normally deal with the first
step of such grievances, the grievance will automatically be sent forward to the
next step.
5.
No information relating to the griever's life style (non work related) or mode of dress
will be admissible during the grievance or arbitration process.
6.
The Company will take all reasonable steps to provide a non-discriminating work
environment that recognizes and respects the human rights of our employees.
42
LETTER OF UNDERSTANDING
RE: WEEKEND CREW
The signing of this Letter of Understanding and the understandings contained therein
shall supersede certain provisions of the current collective agreement only as they apply
to employees employed as part of the Weekend Crew (W.E.C.)
1. Hours of Work
The normal hours of work for employees assigned to the W.E.C will be twelve (12) per
day on each of Saturday and Sunday (paid at W.E.C. rate).
The normal hours of work for employees assigned to the W.E.C. will be twenty-four
(24): twelve (12) hours per day on each of Saturday and Sunday (paid at the W.E.C.
rate).
Seniority employees assigned to the W.E.C. will be deemed to have worked one (1)
week for provisions of the current Collective Agreement as appropriate, with respect to:
Vacation
Welfare Benefits
Pension
COLA
Guaranteed Wage Plan
for each twenty-four (24) hours actually worked on the W.E.C.
Temporary employees assigned to the W.E.C. will be credited with one (1) working day
for each full eight (8) hours worked.
2. Employee Mix:
The Company shall determine the staffing of W.E.C., i.e. whether it will be staffed with all
regular employees, all temporary employees, or a mix of each, and it may change the
staffing mix from time to time as it deems appropriate.
3. Eligibility I Qualifications:
The Company will post a notice annually in each affected department and solicit the
names of those seniority employees who wish to be considered for inclusion in the W.E.C.
When considering which applicant shall be given the job, the qualifications of the applicant
shall be given primary consideration but if there is any choice to be made between two or
more applicants having sufficient qualifications, the most senior applicant shall be given
the position on the W.E.C.
Once selected, all regular employees will be scheduled on the W.E.C. when required for
the life of the posting (one year).
It is agreed that notwithstanding the above, any employee may be removed from the
43
weekend crew for reasons of ill health or cause.
4. Vacation
Regular employees working on the W.E.C. shall be allowed to take vacation during the
effective period of the W.E.C. schedule, as per departmental past practice and the
collective agreement.
5. Overtime
While in principle the Company does not wish to have employees work in excess of twelve
(12) consecutive hours, such may be necessary in emergency situations.
For each W.E.C. shift, the first 3 overtime hours will be paid at the rate of time and onehalf of the straight hourly rate and subsequent hours at the rate of double time.
6. Bereavement
Should a seniority employee suffer a bereavement in his/her immediate family which
requires time off from his/her work then, in accordance with Clause 21.01, s/he shall be
compensated for time actually lost up to the general standard of (3) days (24) hours at
straight time. Any additional bereavement leave will be considered at the sole discretion
of the Company.
If, as a result of a bereavement, an employee is paid less than thirty-six (36) hours pay,
s/he will be given the opportunity to work during the regular work week on a straight time
basis in order that regular hours paid will equal thirty-six (36).
7. Plant Holidays
Eligible employees shall be paid eight (8) hours at straight time in addition to pay for their
week-end work.
8. Pay Day
Employees on the W.E.C. shall receive their pay in accordance with current Company
practices.
9. Compensation
Regular employees working on the W.E.C. will be paid at the rate of 1.5 times the straight
time hourly wage rate for hours worked on Saturday and Sunday. Temporary employees
will be paid at their straight time hourly rate for all hours worked on Saturday and Sunday.
The regular wage rate will be determined by taking the annual salary for the classification
and dividing it by the total number of hours available in a year, which equates to 1950
total hours. The subsequent hourly WEC rate will then be multiplied by 36 hours.
Note: The 36 hours is established by two (2) shifts of 12 hours x 1.5. Annual salary
divided by 1950 x 36 hours per week = WEC rate.
44
10. Shift Premium
Employees on the W.E.C. shall be paid an additional fifty three (53) cents per hour for all
hours worked on Saturday and Sunday.
11. Lunch and Break Periods
Breaks for employees on schedules covered by this Memorandum shall be as follows:
Twelve hour shifts - two paid thirty (30) minute lunch breaks
12. Implementation:
The Company will provide a minimum of two (2) weeks notice of its intention to work
employees on the W.E.C. or to return to a conventional eight (8) hour shift schedule.
45
LETTER OF UNO ERSTANDING
RE: NON-REGULAR PAY PRACTICES
During negotiations, it was communicated that there were inconsistencies associated with
the timely administration of non-regular salary applications, i.e. overtime, shift premiums,
meal moneys, etc.
It is the Company's intention to ensure that all non-regular pay applications are processed
and paid to the employees in a timely manner.
IN WITNESS WHEREOF the parties hereto have affixed their signatures this ..2_j day
.
of_-I~I---E:7==~~C~~=--\,l.___, 2015
0
46
LETTER OF UNDERSTANDING
RE: UFCW TRAINING AND EDUCATION FUND
The Company agrees to pay $500 to the UFCW Local 175 Training and Education Fund
effective date of ratification and each anniversary date of the Collective Agreement.
IN WITNESS WHEREOF the parties hereto have affixed their signatures this~ day
of
¥; \
,2015
ON BEHALF OF THE
~~~
47
LETTER OF UNDERSTANDING
RE: MODIFIED WORK WEEK (M.W.W.)
It is agreed that the terms of this Letter of Understanding will supersede the provisions of
the Collective Agreement where necessary to give it effect and/or in the event of any
conflict between this Letter and the Collective Agreement.
1. Hours of Work
a) The normal hours of work for employees assigned to M.W.W. will be thirty-six (36) and
forty-four (44) hours occurring on alternate weeks: twelve (12) hours per day on each
of Tuesday, Wednesday and Thursday, plus one (1) additional eight (8) hour day
occurring every other week, either Monday or Friday. Management retains the right
to determine the Monday and Friday shift assignment.
b) Regular employees assigned to the M.W.W. will be credited with actual hours
worked on the M.W.W. for provisions of the current Collective Agreement with
respect to:
(i)
(ii)
(iii)
(iv)
(v)
Pension Plan
Welfare Benefits
Vacation
G.W.P.
COLA
Temporary employees assigned to the M.W.-W. will be credited with one (1) working
day for each full eight (8) hours worked.
2. Employee Mix (All Depts.)
The Company shall determine the staffing of the M.W.W., i.e. whether it will be staffed
with all regular employees, all temporary employees, or a mix of each, and it may change
the staffing mix from time to time as it deems appropriate.
3. Eligibility I Qualifications:
The Company will post a notice annually in each affected department and solicit the
names of those regular employees who wish to be considered for inclusion in the M.W.W.
to the extent that the Company decides to utilize regular employees.
When considering which applicant shall be given a job, the qualifications of the applicant
shall be given primary consideration but if there is any choice to be made between two or
more applicants having sufficient qualifications, the most senior applicant shall be given
the position on the M.W.W. If there are insufficient applications by regular employees for
the M.W.W., the junior employee will be assigned.
Once selected, all regular employees will be scheduled on the M.W.W. when required
for the life of the posting (one year).
48
4. Vacation
Regular employees working on the M.W.W. shall be allowed to take vacation during the
effective period of the M.W.W. schedule, as per the Collective Agreement.
5. Overtime
While in principle the Company does not wish to have employees work in excess of twelve
(12) consecutive hours, such may be necessary in emergency situations.
For each M.W.W. shift, the first three (3) overtime hours will be paid at the rate of time
and one-half (1/2) of the straight hourly rate and subsequent hours at the rate of double
time.
Treatment of M.W.W. employees will be specifically outlined in the departmental overtime
guidelines.
6. Bereavement
Should a seniority employee suffer a bereavement in his/her immediate family which
requires time off from his/her work then, in accordance with Clause 21.01, s/he shall be
compensated for time actually lost up to the general standard of (3) days (24) hours at
straight time. Any additional bereavement leave will be considered at the sole discretion
of the Company.
If, as a result of a bereavement, an employee is paid less than thirty-six (36) hours pay,
s/he will be given the opportunity to work during the regular work week on a straight time
basis in order that regular hours paid will equal thirty-six (36).
7. Pay Day
Eligible employees on M.W.W. shall receive their pay in accordance with current company
practices.
8. Compensation
Employees working on the M.W.W. will be paid at the straight time hourly wage rate. for
all scheduled hours worked.
9. Shift Premium
Employees on the M.W.W. shall be paid an additional fifty three (53) cents per hour for
all hours worked on the 12 hour shifts.
10. Lunch and Break Periods
49
Paid breaks for employees on schedules covered by this Memorandum shall be as
follows:
Twelve (12) hour shifts- two thirty (30) minute lunch breaks
Eight (8) hour shifts - in accordance with current Company practice and collective
agreement.
11. Implementation:
The Company will provide a minimum of two (2) weeks notice of its intention to work
employees on the M.W.W. or to return to a conventional eight (8) hour shift schedule.
IN WITNESS WHEREOF the parties hereto have affixed their signatures this d.{ day
of
~\"'I
,2015
50
LETTER OF UNDERSTANDING
RE: QUALITY SERVICE
Self Directed Quality Services Analyst:
The Quality Services Department in the Toronto Brewery will operate as a Self-Directed
Work Group and operate in a capacity that supports World Class Supply Chain and drive
Quality Assurance over Quality Control. All Analysts in the Self Directed Work Group will
be responsible for the operation, maintenance and administration of the lab and any
supporting satellite areas to ensure that customer and business needs are consistently
met.
Training and continuous learning will be the cornerstone of the Self Directed Work Group.
Technical (Quality, Environmental and Process), Administrative and Relationship skills
will be developed and maintained by each Analyst. All future Analysts will have a B.Sc.
or an equivalent from and accredited institution, demonstrable computer competency and
be willing to develop the skills and knowledge necessary to achieve the status of an
accredited quality professional. Analysts will be multi-skilled and be trained in all quality
functions within Quality Services to facilitate a high level of flexibility within the
organization to meet changing business and group expectations. All Analysts will have
and be responsible for maintaining an up to date Personal Development Plan (PDP).
Training and professional development will be based on business needs, aptitude and
ability. All Analysts will be given an opportunity to receive training in order to be deemed
qualified.
Analysts will work together to facilitate the efficient day to day operation of the Quality
Services Department in order that both their internal and external customers can
successfully achieve their business goals. The Self Directed Work Group will be fully
engaged in any key decisions affecting the department including compiling data and other
fact-based information required to substantiate the decisions. Analysts will have all the
skills required to ensure the flawless execution of routine tasks, policies and procedures.
Representatives from within the Work Group will be responsible for health, safety,
environmental, maintenance, training and administration issues which affect the Quality
Services area.
The individual Quality Services Analyst will, in keeping with the principles above:
•
•
•
•
•
•
•
Perform microbiological related tasks including sample collection, plating, media
preparation, yeast management and reporting.
Perform all routine quality analysis in accordance with National and Licensee
requirements.
Perform the tasks associated with maintaining the brewery Sensory Program.
Perform process control including calibration and adjustment.
Perform routine maintenance and calibration.
Troubleshoot and problem solve issues affecting the area.
Perform internal auditing including proficiency, compliance, environmental and
maintenance.
51
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Maintain and update critical quality information systems.
Ensure internal training and procedural documentation is current and complaint to
National or internal standards.
Perform evaluation of incoming materials to support investigation and data
collection.
Participate as required in supplier communication meetings and audits.
Monitor, report and follow up on critical quality trends with key customers.
Assume the role of guardian for all quality specifications and standards.
Perform all ordering, shipping and related administrative tasks.
Maintain accurate records for equipment maintenance, calibration and adjustment.
Perform statistical analyses and performance evaluation using contemporary
computer software and hardware.
Provide technical support during investigations relating to issues affecting the
consumer or product disposition.
Track hold product using contemporary computer technology.
Perform custom data retrieval and analysis for internal and external customers.
Train other analysts.
Provide quality skills training to internal customers.
Attend and facilitate routine group communication meetings.
Take individual ownership of personal and professional development plans.
Assume individual ownership for functional responsibilities specific to the Work
Group (ie. health and safety, environment, maintenance, training and
administration).
The Self Directed Work Group will:
•
•
•
•
Ensure representation for all key functional responsibilities - health, safety,
environment, maintenance, training and administration.
Monitor and track key internal metrics related to key functional responsibilities.
Satisfy internal/external customer requirements.
Administer manpower scheduling, overtime allocation, work group rotation, payroll
and expenses administration (In accordance with the guidelines of the Collective
Agreement).
The specific tasks and duties listed are not intended to completely identify all potential
activities related to the Quality Services Self Direct Work Group. New tasks and duties
may evolve which are directionally aligned with the principles of the Self Directed Work
Group.
IN WITNESS WHEREOF the parties hereto have affixed their signatures thisd-1
day
of_---=-~-F--J-c_\.~\....:.....___ , 2015
52
ON BEHALF OF THE UNION
~~~~~.
~
53
LETTER OF UNDERSTANDING
RE: TEMPORARY EMPLOYEE SHOE ALLOWANCE
The Company will provide $125.00 reimbursement to temporary employees it designated
as requiring safety shoes upon receipt of proof of purchase of such shoes.
IN WITNESS WHEREOF the parties hereto have affixed their signatures this '").I day
of
~c·, \.
, 2015
O~EHALF 0~ THE UNION
~~~~-
54
LETTER OF UNDERSTANDING
RE: CONTRACTING OUT
During negotiations, the subject of contracting out was discussed. It is the Company's
intention to continue the practice of giving priority to its own Local175 employees
provided it has the manpower, skills, equipment and facilities to do so.
If it becomes necessary to contract out, the Company will inform the Union.
Prior to the contracting out, and in order to give effect to the paragraph above, the
Company will meet with the Union to give them the opportunity to raise and discuss
alternatives to that proposed.
IN WITNESS WHEREOF the parties hereto have affixed their signatures this~ day
of
~c~,"'\..
'2015
s::ALF OF THE UNION
~~-
55
LETTER OF UNDERSTANDING
RE: POSITION ELIMINATIONS
During the 2014/2015 negotiations, the parties actively discussed, and have come to an
understanding that the following four (4) reductions will take place upon successful
ratification of the new collective agreement:
The company will eliminate one (1) Central Store Clerk on the effective date of
ratification.
The company will eliminate one (1) Distribution Clerk effective May 1, 2015.
The duties of the Brewing clerk, Packaging clerk, Manpower clerk, Engineering clerk,
Warehouse clerk, Engineering scheduler and Mail clerk will be merged into the following
roles:
o
o
o
o
Centralized Payroll clerk
Centralized Scheduler
Administration clerk(s)
Inventory clerk
This will result in the elimination of a part-time temporary position and a regular
employee within that group effective May 1, 2015.
However, to the needs of the business the Company may postpone the date up to
December 31st 2015.
·
IN WITNESS WHEREOF the parties hereto have affixed their signatures this d./
of
~{\
\
day
'2015
~ALF OF THE UNION
~~~~r
56
PURPOSE AND VALUES
In striving to become a World Class Supply Chain (WCSC) and providing added value for
our shareholders, we the members of the Toronto Brewery, will strive for excellence in
QUALITY and RELIABILITY in order to deliver the highest degree of SERVICE to our
customers; this will be achieved through the talents and commitments of our people and
the use of modern processes and practices. We will establish and maintain a healthy and
safe workplace that fulfills individual needs for mutual trust, personal growth, and
appreciation for results. The Toronto operation will be recognized as having employees
that are willing to learn, to change, and to act quickly, to maintain a leading edge position
in a constantly changing and challenging GLOBAL MARKET environment.
To realize our goal of becoming a World Class Supply Chain (WCSC) requires the
combined efforts of Management and Union leaders, and all employees. Therefore, all
employees within the Brewery will:
•
•
•
•
•
•
•
•
•
•
•
•
Know, understand, respect and practice the intent of the Collective Agreement.
Meaningfully participate in the decisions which affect them.
Willing to do work and assume all tasks for which they are qualified.
Develop and maintain a high level of technical, administrative and relationship
skills.
Work toward the satisfaction of shareholders, internal and external customers'
needs.
Promote Quality, Reliability, Efficiency, and Waste Reduction.
Support initiative, new ideas, trust, mutual respect, equitable treatment and
cooperation.
Communicate information promptly, accurately and completely.
Assist in training other employees.
Take pride in their work and promote and adhere to the highest standards.
Provide support to those employees who have difficulty adapting to change or
learning new processes.
Willing to do any task which they are capable of performing safely and responsibly
(Flow to work concept).
Both parties agree that their common objective is the desire to make the operation
more RELIABLE and to enhance the JOB SECURITY of all employees. The parties
believe that these objectives can be best met through good planning and monitoring;
the BM/UE (Brewery Management/Union Executives) will provide guidance to all the
departments in their efforts to bring lasting changes and sustainable results.
IN WITNESS WHEREOF the parties hereto have affixed their signatures this dl_ day
of_---leol---\'i@r-="'---=·\_\,_____ , 2015
57
O~~HALF
OF THE UNION
~'~~,
58
LETTER OF UNDERSTANDING
RE: CONTENTS OF COLLECTIVE AGREEMENT
The form of Collective Agreement hereto attached shall constitute the terms of a
Collective Agreement effective from the date of execution thereof by the parties,
provided however, that this Memorandum shall govern the parties upon ratification until
the formal Agreement is signed.
SIGNED at Mississauga, Ontario, this .2J_ day of ~\ \ 2015. All changes shall
be retroactive to January 151 , 2015 unless otherwise no ed.
ON BEHALF OF THE UNION
~~~-
O,.C~
59
LETTER OF UNDERSTANDING
RE: BANKED OR CASHED-OUT VACATION
Terminate letter of intent dated April
ath,
2002.
60
LETTER OF UNDERSTANDING
RE: TEMPORARY ASSIGNMENTS
Effective January 1, 2015, a temporary assignment will not exceed 15 months. Should
the position be required longer than 15 months the company agrees to post the position
permanently, unless the position is for coverage for an active regular employee who is off
for any reason deemed acceptable by the company.
IN WITNESS WHEREOF the parties hereto have affixed their signatures this dJ_ day
'2015
~/lf£
a.~~
61
LETTER OF UNDERSTANDING
RE: VACATION
This letter of understanding applies to the following classification:
Centralized Payroll Clerk, Centralized Scheduler, Administration Clerks
Inventory Clerks
During the period of March 1 to March 31 of each year, the Employer will post a
vacation schedule on which employees will submit their vacation selection for the
months from April 1st to September 3Qth.
During the period pf September 1 to September 30 of each year, the Employer will post
a vacation schedule on which the employees will submit their vacation selection for the
months from October 1 to March 31
The following criteria will apply:
1) When 2 or more employees have selected the same vacation time during the time
periods set out above seniority will govern.
2) Failure to submit vacation requests during the time periods set out above, vacation
will be granted on a first come basis.
3) Employees wishing to cancel and reschedule their vacation may do so with the
understanding they will have to select their vacation in open time periods and cannot
pick any vacation time that is already selected by other employees in the group
listed above.
4) Only one employee from the group listed above may be on vacation at the same
time.
5) Employees may request 1 week vacation in single day increments, within the current
vacation year, provided they submit their request 2 weeks in advance.
IN WITNESS WHEREOF the parties hereto have affixed their signatures thisCZ_l_ day
of ~1\ \
, 2015
62
ON BEHALF OF THE UNION
~~~~-
~
Q,~
63