Table of Contents
Page
Article 1 – Bargaining Unit and Definition
5
1.01 – Bargaining Unit Recognition
1.02 – Definition
1.03 – New Job Classification
1.04 – Union Work
1.05 – Management Rights
1.06 – Management Rights
5
5
5
5
6
6
Article 2 – Bargaining Agency and Recognition
6
2.01 – Union Security
2.02 – Union Business
2.03 – Leave of Absence
2.04 – Dues Deductions
6
6
6
7
Article 3 – Seniority
3.01 – Definition
3.02 – Seniority List
3.03 – Promotions, Advancement, Vacancies
3.04 – Preferred Jobs
3.05 – Vacancies Due to Illness
3.06 – Lay-Offs
3.07 – Loss of Seniority
Article 4 – Hours of Work
4.01 – Regular Hours of Work
4.02 - Overtime Distribution and Rate
4.03 – Work Schedules
4.04 – Notification for No Work
4.05 – Temporary Employee Minimum Call In
4.06 – Call-in After Completion of Normal Shift
4.07 – Adequate Manpower
4.08 – Shift Premiums
Article 5 – Wage Rates and Classifications
5.01 – Pay Days
5.02 – Employee Definitions
5.03 – Classifications and Wages
5.04 – Temporary Job Transfers
1
Article 6 – Holidays
6.01 – Paid Holidays
6.02 – Qualification
6.03 – Holiday Occurring on Scheduled Day of Rest
6.04 – Holiday During Work Week
6.05 – Pay for Work on Holiday
6.06 – Elections
6.07 – Pay During Disability Absence
Article 7 – Vacations
7.01 – Entitlement and Scheduling
7.02 – Must-Take
7.03 – Holidays During Vacation Period
7.04 – Vacation Pay During Disability Absence
7.05 – Temporary Employee Vacation
Article 8 – Health and Welfare and Pension Plans
8.01 – Health and Welfare
8.02 – Pension Plan
8.03 – Sickness and Sick Pay, “Top-up” Using Vacation
Article 9 – Holidays
9.01 – Union Stewards
9.02 – Grievance Committee
9.03 – Filing of Grievances
9.04 – Grievance Procedure
Article 10 – General Conditions
10.01 – Bereavement Allowance
10.02 – Jury Duty
10.03 – Uniforms
10.04 – Truck Manning
10.05 – Rest Break, Driver’s License
10.06 – One-Man Delivery
Article 11 – Security of Principle
11.01 – Compulsory Retirement
11.02 – Company Rules, Strikes/Lockouts, Discipline
11.03 – Joint Health and Safety Committee
2
Article 12 – Job Training and Retraining
12.02 – Training Job Postings, Tuition Refunds
Article 13 – Unemployment Insurance
13.01 – Unemployment Insurance Premium Rebate
Article 14 – Separation Pay
14.01 – Eligibility
14.02 – Exclusions
14.03 – Amount
14.04 – Deductions
14.05 – Termination of Rights
Article 15 –Duplication of Benefits
15.01 – No Duplication
15.02 – Benefits in Lieu
15.03 – “Top-Up” Provisions
Article 16 – Duration and Termination
16.01 – Term
Schedule A – Health and Welfare Plan
Schedule B – Pension Plan
Letters of Intent
1. Closure
2. Short Term Disability Payments
Letters of Understanding:
1. Changing Work Assignments
2. Drivers Licensing
3. Employee Inter-Branch Transfer
4. Warehouse Pickups
5. Privatization of Alcohol Sales
6. Bargaining Unit Work
7. Lethbridge Operation
8. Banked Time Off
9. Branch Manning
10. Preferred Jobs and Operational Flexibility
11. Bonus Vacation Days
12. Group RRSP Plan
13. Technological Change
Appendix A – Variable Compensation System
3
THIS AGREEMENT entered into this 27th day of February, in the year of our Lord Two Thousand and
Fifteen
between
BREWERS’ DISTRIBUTOR LTD.
(hereinafter referred to as the "Company" of the First Part)
and
UNIFOR Local 288
(hereinafter referred to as the “Union” of the Second Part)
4
ARTICLE 1
BARGAINING UNIT AND DEFINITION
1.01 The Company hereby recognizes the Union as the sole and exclusive bargaining agent for all
employees in the bargaining unit.
1.02 (a)
The bargaining unit shall consist of all employees of the Company employed in the
branches of the Company at Calgary and Lethbridge, and as represented in the classifications set out in
Article 5 of this Agreement save and except Supervisors, those above the rank of Supervisors and office
staff.
(b)
For ease of expression, use of the masculine gender and singular tense shall mean the
same as the feminine gender and plural tense unless otherwise specifically stated.
1.03 In the event that, during the life of this agreement, new jobs are created which are not presently
covered in the current list of classifications herein contained, a new classification and rate for such job(s)
shall be established as agreed upon between the Company and the Union. Should the parties not be
able to agree, either party may invoke the grievance procedures as outlined in clause 9.04, beginning at
Step 4, within two (2) weeks. During the interim, the rate of pay shall be set at the Warehouseman rate,
and follow the progressive wage scale.
Should a current regular employee apply for, and successfully obtain, the new classification, if
created, he shall retain his current rate of pay.
The Company agrees to discuss manpower complements as part of ongoing Union/Management
meetings as the need arises.
In the event of a change in existing jobs or job classifications, the Company shall first advise the
Union and review the need for such change before implementation.
1.04 (a)
No employee of the Company, other than a member of the Union shall do any of the
work performed by employees in the bargaining unit, except in cases of training and genuine
emergency. Extreme emergencies shall not be abused by such people, nor at any time shall such
emergencies become a regular or frequent development. Such work shall be defined as the receiving,
warehousing, and handling of full and empty containers and operation of the scrubber at Company
operated premises. It shall also include the delivery of beer and pick-up and delivery of empty bottles
and kegs within the delivery area of the Company’s operating area as identified in Section 1.02 of this
Article.
(b)
Work currently assigned within each of the urban areas where Brewers’ Distributor Ltd.
has a branch will be performed by BDL personnel except in cases of emergency where men and
equipment are not available. Such work shall be defined as the receiving, warehousing and handling of
full and empty containers at BDL operated premises and the delivery of beer and the pick up and
delivery of empty bottles and kegs within the delivery area of BDL’s branches.
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Notwithstanding the above, should BDL discontinue any of its current operations the foregoing
will not apply.
1.05 The right to hire, promote, demote, discharge or discipline for cause, and to maintain
discipline and efficiency of employees is the sole function and responsibility of the Employer, subject
to the terms and conditions of this Agreement. All matters concerning the operation of the
Employer's business not specifically dealt with herein shall be reserved to the Management and be its
sole responsibility.
1.06 BDL agrees not to exercise these functions in a manner inconsistent with the provisions of the
Collective Agreement.
ARTICLE 2
BARGAINING AGENCY AND RECOGNITION
2.01 Only members in good standing of the Local Union shall be employed by the Company. When
no Union members are available, extra help may be employed as long as it does not cause any lay-off to
Regular Union Members.
All such extra help must obtain a permit card from the Union before going to work, and must
make application to join the Union within thirty (30) days.
The regular Union wage scale will be paid to all such extra help according to the classifications
and scale of wages as is designated in this Agreement.
The local union shall be provided with a bi-monthly report and the union dues owed for any
outside staffing agency that the Company uses to enhance the workforce outside of the regular and
temporary complement.
2.02 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.
Employees shall not lose any regular pay for attending meetings approved by the Company,
such as safety or grievance. Additionally, the Union will appoint four (4) employees who shall be
permitted paid time off, to a maximum of eight (8) days per employee, for attendance at negotiation
meetings with the Company. The Union shall be responsible for paid time at arbitrations and meetings
not approved by the Company. In addition the Union shall be responsible for any other expenses
associated with such absences such as meals, travel, accommodation, etc.
It is agreed that an outside representative of the Union’s choice may be present if requested.
2.03 (a)
The Company agrees to grant leave of absence for a period of not more than twelve (12)
months, or for the balance of the duration of this Agreement, whichever is longer, to a maximum of two
6
employees in the bargaining unit who have been elected or appointed as officials of the National Union
or of the Local Union, if such duties require a leave of absence from Company duties on a full or part
time basis provided adequate notice is given to the Company.
The Company further agrees to grant leave of absence to employees to participate in any other
activities as appointed by the Union, provided the Company received proper notice and there is no cost
to the Company.
(b)
An employee on such leave of absence shall be continued as an active member of the
pension and the welfare plans 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 he were employed at his regular post by the Company. However, it is
understood and agreed that in the event of the closure of the branch from which the employee has
been granted leave of absence, his entitlement for separation pay under Article 14 shall be frozen as of
the date he first took leave of absence.
(c)
Individual employees may, with the company’s consent in writing, obtain a leave of
absence without pay when in the opinion of the Head of the Department, conditions so warrant. The
written consent will state the dates at which the leave begins and ends.
Applications for leave of absence must be made through the employee’s immediate supervisor,
however, if the reasons for a leave of absence are of a personal nature, the employee may elect to
discuss the reasons (a) with the Head of the Department or (b) with the Manager, Human Resources,
having first notified the Head of the Department.
2.04 Having received signed authorization cards from employees the Company shall deduct from the
pay of each employee covered by this Agreement, a sum in the amount of current Union dues, and
uniformly applied assessments.
The Company will take the current annual dues and assessments and divide by 26 to arrive at a
pay period deduction. Employees working less than eight (8) hours per pay period will not have dues
deducted.
A written list of the employee’s names and the relative amounts so deducted, shall be
submitted by the Company to the Union Financial Secretary not later than the week following the
deduction.
The Union will notify the Company of the amount of the established dues to be deducted and
will further notify the Company thirty (30) days in advance of any change with respect to the amount of
the established dues and uniformly applied assessments.
Upon granting a leave of absence for union business as per 2.03, the Company agrees to pay an
employee’s wages while on union business and then deduct such wages from the dues check-off for that
month.
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The Company agrees to include dues deductions on T-4 slips issued to bargaining unit
employees.
ARTICLE 3
SENIORITY
3.01 Seniority is defined as the length of an employee’s service within a branch of the Company as
established in conformity with Article 5.02.
3.02 The Company shall maintain and post a Seniority List on the Branch Bulletin Boards within thirty
(30) days from the date of the signing of this Agreement, and every three (3) months thereafter during
the life of this Agreement. The Union has the right to take up the matter of alleged irregularities on
such list through the Grievance Procedure within thirty (30) days of the list being posted.
3.03 (a)
In the event of a vacancy occurring within any job classification in a branch of the
Company, and in the event of an opening occurring within the branch for promotion and advancement,
the Company shall post such job opportunity in the branch concerned within seven (7) days of a
declared vacancy occurring, subject to Clause 1.03. The filling of vacancies, promotions and
advancements within the branch shall be made on the basis of the most senior application, provided he
is competent.
Competency, wherever used in this Agreement, shall be determined based on qualifications,
abilities and the overall (previous) work performance of the applicant/employee.
The Union will receive, upon request, a rationale in writing why one employee was selected over
another, provided the selected employee was not the most senior applicant.
(b)
The standard application form that is used for job posting on the bulletin boards shall
fully specify the type of job vacancy.
If a more senior employee than the selected applicant is absent from work during the total
period of the job posting, the Company shall notify the absent employee by registered mail and after
receipt of notification, he shall be permitted to apply for such job within a period of four (4) calendar
weeks after the closing date of such posting.
The Company shall post such job opportunity in the branch concerned for a period of seven (7)
calendar days. The Company will post the name of the successful applicant within seven (7) calendar
days of the closing date of the posting and the successful applicant will assume the responsibilities on
the date his name is posted.
If the new applicant finds within seven (7) calendar days that the job is unsuitable, he will be
allowed to transfer back to the job classification he last held and retain all rights and privileges as if he
had never left. The job opportunity shall be re-posted once, for a period of five (5) calendar days and
will be awarded in accordance with Article 3.03 (a) and (b) above.
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(c)
In the event of a vacancy occurring and no member of the bargaining unit applies for
such vacancy and there is no member on lay-off, the Company shall contact the Union to determine if
the Union can supply a competent candidate for the job vacancy.
(d)
If at any time an employee’s job/classification is discontinued, he shall be transferred to
the job/classification he last held, and shall retain all rights and privileges as if he had never left that
position. Should the employee not be able to return to his last position, because he did not have a
previous position, or if there is no longer such job available, he will be placed in a position as mutually
agreed upon by the Company and Union.
(e)
In all cases involving an employee who acquires some physical deficiency that
necessitates his transfer to another job in the Company’s operation, the Company and the Union will
mutually decide on which job position such employee will be transferred to.
(f)
The filling of preferred jobs within the branch shall be made on the basis of the most
senior applicant, provided he is competent.
3.04 Where there is a position vacant due to the illness or injury of the incumbent extending beyond
twenty-six (26) weeks, the position will be posted on the condition that when the original incumbent
returns to work he will receive his former position, provided he is able to satisfactorily perform the
required duties. In the interim of one (1) day and twenty-six (26) weeks the vacancy will be filled on
seniority basis provided he is competent.
3.05 In the event that it becomes necessary to reduce the work force in any Branch, the Company
shall first lay off temporary employees. If further reductions are necessary, the Company will lay off
employees in reverse order of seniority.
When the work force of a Branch is increased following lay-off, the employees shall be recalled
in order of seniority. The right of recall as contained in this clause shall not be construed as a
prohibition against laid-off employees accepting employment with any other employer.
3.06 An employee will automatically lose his seniority and cease to be an employee of the Company
for any of the following reasons:
(a)
if he quits;
(b)
if he is discharged for cause;
(c)
if an employee is absent from work for three (3) consecutive working days without
having notified the Company and received permission to be absent in advance where that is possible.
The Company will attempt to follow-up with the employee to determine the cause of such absences.
(d)
if he accepts gainful employment while on a granted leave of absence without the
Company’s and the Union’s previous consent in writing;
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(e)
if the employee has been laid off and fails to report for work within seven (7) days after
written notice to report to work has been sent by registered mail to his last address registered with the
Company; provided that when an employee is recalled to work and does not report within forty-eight
(48) hours the Company may recall the next employee in line, but he is subject to being displaced if the
first employee does report within seven (7) days;
(f)
in case of lay-off for a period of twelve (12) months;
(g)
in the case of lay-off if not willing to take full time employment with the Company;
(h)
an employee will lose his union seniority if he accepts and holds a position in
management.
ARTICLE 4
HOURS OF WORK
4.01 (a)
Eight (8) consecutive hours constitute a Regular employee’s working day. Five (5)
consecutive working days shall constitute a Regular employee’s work week.
(1)
Five (5) working days – Monday to Friday, or
(2)
Five (5) working days – Tuesday to Saturday, or
(3)
Five (5) working days – Sunday to Thursday.
(b)
Should the Company schedule Sunday work to meet the needs of its customers (the
brewers and/or licensees), or in cases of genuine emergency, they will first discuss the matter with the
Union. Following that discussion, the Company may schedule employees on Sunday.
(c)
A premium of one dollar ($1.00) per hour shall be paid to all employees for each hour
worked on a Sunday.
4.02 (a)
Overtime shall not be compulsory provided that an employee not desiring overtime
work can be conveniently replaced with another employee of equal ability.
(b)
Designated overtime work shall be allocated equitably among those regular employees
then on shift, willing and competent to do the work. In the event that there is an insufficient number of
regular employees willing and competent to do the work, such work may be assigned to temporary
employees who are competent to do the work.
(c)
In the event mandatory overtime is required, and there is an insufficient amount of
workers who have signed the posting it will be assigned to available, qualified temporary employees
in reverse order of their length of employment. In the case of additional employees being required,
this will be assigned to regular employees in reverse seniority. Should a regular employee not sign the
posting and present for the available shift, and can be utilized, they will be assigned where
10
operationally required. Should an employee sign the posting and not present for the work
assignment, they will be subject to discipline, notwithstanding acceptable reasons.
It is further understood, that the Company reserves the right to its discretion when adjudicating
whether the reason to not be available is acceptable. This decision will be solely made by the
warehouse manager and or the assistant warehouse manager.
The company will endeavour to eliminate the need for overtime where practicable.
In the event that two or more employees commence employment on the same date, length of
employment for those employees will be based on their last name alphabetically.
(d)
If an employee is required to work on his scheduled day of rest, he shall receive not less
than four (4) hours pay at the applicable rate.
(e)
All work performed in excess of eight (8) consecutive hours of work shall be paid at the
rate of time and one-half.
(f)
All work in excess of forty(40) hours per week shall be paid at the rate of time and one-
half.
(g)
Employees working overtime at the completion of their regular shift shall be afforded a
fifteen (15) minute work break after completion of two (2) hours overtime and a fifteen (15) minute
work break every four (4) hours thereafter. The Company agrees to provide the cost of a meal not to
exceed either dollars ($8.00) for all employees working four (4) or more hours of overtime beyond the
completion of their regular shift.
4.03 The schedule of hours to be worked each day by each Regular employee shall be posted on
Thursday for the following week. The normal weekly work schedule as provided herein may be altered
or varied by mutual agreement of the Company and the Employee’s Representatives at the Company’s
branches. The parties shall not unreasonably withhold agreement. If the parties do not mutually agree,
it is understood that the junior competent employee will be assigned the altered or varied work
schedule. Regular and Temporary employees are responsible for checking the posted work schedule.
The Company shall not schedule split shifts.
4.04 Employees must be notified before quitting time if they are not to report for work the next day.
If they are not notified and report to work, then they shall be paid for the whole day provided that they
work the whole day. In the event that a Temporary Employee is not at work the day prior to the shift in
question they are responsible for checking the posted work schedule.
4.05 Temporary employees and students called out to work for less than one half day, in either the
morning or afternoon, shall receive not less than one half day’s wages in each instance at the applicable
rates for that day.
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4.06 Any employee required to return to work after the completion of his normal shift shall receive
not less than four (4) hours pay at the applicable rate.
4.07 (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 any employee’s work load may be made so
long as the resulting situation is not a violation of Clause (a).
4.08
Any shift starting between 6:00 a.m. and 2:00 p.m. shall be considered the day shift.
Any shift starting after 2:00 p.m. or before 10:00 p.m. shall be considered the afternoon shift
and effective April 1, 2009 shall receive one dollar ($1.00) per hour over the hourly rate for all hours
worked.
Any shift starting after 10:00 p.m. or before 6:00 a.m. shall be considered the night shift and
effective April 1, 2009 shall receive one dollar twenty-five ($1.25) per hour over the regular hourly rate
for all hours worked.
ARTICLE 5
WAGE RATES AND CLASSIFICATIONS
5.01
Pay day shall be bi-weekly on Friday for the two (2) weeks ending the previous Saturday.
5.02
(a)
Regular Employees
(1)
A Regular Employee is any full time employee covered by this agreement who is
presently on the seniority list of the Company.
Any regular employee currently classified as Tractor driver, Driver, Shipper/Receiver, Fork Lift
Operator, Picker, Warehouseman, or Bottle Buyer will maintain their current classification, subject to
the operational requirements of the Company. Any regular employee hired or permanently transferred
on or after April 1, 2000, will be placed in either the Warehouse or Transport classification, dependent
on the operational needs of the Company. It is understood that employees may be required to perform
work outside their classification, subject to the efficient operation of the Company.
(2)
Any Employee who has been selected to fill a declared job vacancy and who,
after satisfactorily completing a probationary period of (90) working days of employment in that job, will
then be reclassified as a Regular Employee and placed on the seniority list. A seniority date will then be
established by counting back (90) working days from the completion of the probationary period.
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(b)
Temporary Employees
(1)
A Temporary Employee is one hired to meet the additional manpower
requirements of the operation. These employees will be subject to a ninety (90) working day
probationary period.
(2)
It is recognized that a Temporary Employee will be terminated once the
seasonal or other need for which he was hired has been met.
(c)
Lead Hands
Lead Hands shall be those designated by the Company from time to time to direct some phases
of the operation over and above the ordinary duties required of the job classification. The Lead Hand
has no authority to discipline employees. Effective April 1, 2012, the Lead Hand rate shall be one dollar
($1.00) per hour above the rate for the job classification for those hours worked as a Lead Hand.”
5.03
Classification and Wages
(a)(1) Class 1 Designation:
(a)
Any current employee that has changed classification or new employee who accepts a
Transport classification requiring a Class 1 certification will be subject to a one hundred eighty (180)
working day probationary period. They will also be required to undergo an evaluation process which
may be conducted by an internal or external evaluator. For employees who previously held a position
requiring a Class 1 certification and who have not driven in the past twelve months, they will not be
subject to the one hundred eighty (180) working day probationary period, but they will be required to
undergo an evaluation process which may be conducted by an internal or external evaluator.
(b)
A regular employee who bids on a position requiring a Class 1 certification and who does
not meet the requirements necessary for a Class 1 position will be reclassified to their previous posting.
(c)
A new employee hired directly into a Class 1 position not meeting the requirements
necessary during the probationary period of one hundred eighty (180) working days in that position;
that employee will be subject to termination.
(2)
The parties agree that current temporary employees will be given the first opportunity
to apply for the vacancies for regular positions and the vacancies will be filled on the basis of merit,
ability, competency and qualifications. In the event a current temporary employee is selected to fill a
position requiring a Class 1 license and that employee does not hold a valid Class 1 license, the Company
agrees to pay the employee at the current temporary employee rate during the training period. Upon
completion of training and verification of Class 1 certification, the employee will be reclassified as a
regular employee and will receive the appropriate rate of pay. Following successful completion of a
probationary period of 180 working days as a Regular employee, the Company will provide the training
to a maximum of thirty (30) hours inclusive of testing and licensing.
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a)
If the employee does not successfully complete their Class 1 certification within sixty
calendar days of the payment of license costs, the employee agrees to reimburse the Company one
hundred percent (100%) of the license costs.
b)
If the employee does not successfully complete their probationary period of 180
working days, the employee agrees to reimburse the Company one hundred percent (100%) of the
certification costs.
c)
If the employee’s employment is terminated within the first three (3) months of
completing their probationary period, the employee agrees to reimburse the Company seventy-five
percent (75%) of the certification costs.
d)
If the employee’s employment is terminated for any reason within three (3) to nine (9)
months of completing their probationary period, the employee agrees to reimburse the Company fifty
percent (50%) of the certification costs.
In the event that a suitable candidate is not available from the current employee complement at that
time, applications will be sought from outside the Company.
b)
Wage Scales
The following wage progression is applicable to all regular employees. Employees on this wage scale
will receive wage increases based on actual hours worked.
Hours Worked as
Regular Warehouse
Employee
0 – 1040
1041 – 2080
2081 – 3120
3121 – 4160
4161 +
Effective April 1, 2015
0%
Hours Worked as
Regular Transport
Employee
0 – 1040
1041 – 2080
2081 – 3120
3121 – 4160
4161 +
Effective April 1, 2015
0%
Effective April 1, 2016
1.25%
$19.45
$20.76
$22.07
$23.37
$26.01
$19.69
$21.02
$22.35
$23.66
$26.34
Effective April 1, 2016
2.00%
$20.35
$21.66
$22.97
$24.27
$26.91
$20.76
$22.09
$23.43
$24.76
$27.45
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Effective April 1, 2017
1.25%
$19.94
$21.28
$22.63
$23.96
$26.66
Effective April 1, 2017
2.00%
$21.17
$22.54
$23.90
$25.25
$28.00
In the event that a temporary employee is awarded a regular vacancy, they will move to the start rate
listed above, and progress through the wage scale according to their actual hours worked in the
classification, however, will be immediately entitled to benefit coverage and regular employee status.
(2)
Temporary Employees
Hours Worked
0 – 620
621 – 1040
1041 – 2080
2081 +
Effective April 1, 2015
0%
$16.63
$17.23
$17.53
$17.83
Effective April 1, 2016
0.75%
$16.75
$17.36
$17.66
$17.96
Effective April 1, 2017
0.75%
$16.88
$17.49
$17.79
$18.10
For employees who work as students, hours worked from date of hire going forward will be
recognized as “Hours Worked” for progression increases only, provided there is no break in service
longer than twelve (12) months.
(c)
If an employee is moved temporarily to a lower rated job than his classified position, he
shall retain his own wage, but if an employee requests to be moved temporarily to a lower rated job
than his classified position, he shall be paid at the lower rate of pay for the time spent in the lower rated
job.
5.04 Employees who transfer to other than their regular work temporarily shall receive their regular
scale of wages regardless of where they will be temporarily working. If, however, the work transferred
to is of a higher paid classification in the Wage Schedule the higher rates shall be paid for any period of
one (1) hour or more.
ARTICLE 6
HOLIDAYS
6.01
(a)
The following days shall be observed as paid holidays:
New Y ear’s Day
Good Friday
Victoria Day
Canada Day
Heritage Day
Labour Day
Thanksgivings Day
Remembrance Day
Christmas Day
Boxing Day
And one additional holiday as may be declared by the Provincial or Federal Government.
6.02 A regular employee of the Company, without being required to work on the above days shall be
entitled to receive eight (8) hours straight time pay at his job rate, provided that:
(a)
he was not absent on the last work day scheduled for him before the holiday, or the first
work day scheduled for him after the holiday; unless excused by prior authorization of the Company or
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unless the absence is the result of illness or accident (including WCB) supported by acceptable medical
evidence.
(b)
he has worked at least five (5) days, or forty (40) hours during the twenty (20) working
days immediately preceding the holiday.
Temporary employees will receive holiday pay in accordance with Employment Standards,
provided that (a) and (b) above are met.
6.03 If any of the holidays enumerated above fall on the employee’s scheduled days of rest the
employee will receive, by mutual arrangement, either payment for the holiday at regular rates or
another day off as the Holiday. Where the Company schedules another day off, such scheduled day
shall be considered as the holiday for all purposes of the Agreement. The Company will reschedule the
holiday in accordance with the wishes of the employee provided the Company work schedule can be
maintained. The company will post the days on which holidays will be observed no later than February
1st of each calendar year.
6.04 If one or more of the above holidays occur during an employee’s working week, his working
week shall be reduced by eight (8) hours for each such holiday and he shall be paid at the applicable rate
for all work in the week over the reduced working week.
6.05 An employee who is required to work on a paid holiday shall receive, in addition to pay for the
holiday, time and one-half for the time so worked.
6.06 If by reason of an election the Company is prevented from making deliveries in any area the
Company shall, wherever possible, reschedule work in the week so as to avoid lay-off. Where any layoff occurs in respect of two (2) elections per year the employees laid off shall be paid their regular
wages for the day.
6.07 If any of the holidays enumerated above occur during an employee’s disability absence for
which he is on Short Term Disability he shall receive the difference between regular pay and the amount
he has received from Short Term Disability for such days during such absence up to fifty-two (52) weeks.
ARTICLE 7
VACATIONS
7.01 (a)
During the duration of this Agreement, every Regular Employee shall be entitled to two
(2) weeks vacation per year after one (1) continuous year of service at their regular rate of pay. The
parties agree that April 1 to March 31 shall be the common vacation year. Vacation entitlement shall be
calculated as follows:
An employee shall not be entitled to take any vacation from their date of hire as a regular
employee, to April 1 of the next year. At April 1, the employee shall be entitled to a prorated amount of
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2 weeks vacation, based on actual hours worked, at their regular rate of pay. At April 1 of the following
year, the employee shall be entitled to two (2) weeks vacation provided they have worked ninety (90)
working days or more in the previous vacation year.
(b)
After three (3) years continuous service with the Company, Regular Employee shall be
entitled to three (3) weeks vacation per year at their regular rate of pay provided they have worked one
hundred (100) working days or more in the twelve (12) month period prior to that date each year.
(c)
After eight (8) years continuous service with the Company, Regular Employees shall be
entitled to four (4) weeks vacation per year at their regular rate of pay provided they have worked one
hundred (100) working days or more in the twelve (12) month period prior to that date each year.
(d)
After fifteen (15) years continuous service with the Company, Regular Employees shall
be entitled to five (5) weeks vacation per year at their regular rate of pay provided they have worked
one hundred (100) working days or more in the twelve (12) month period prior to that date each year.
(e)
After twenty (20) years continuous service with the Company, Regular Employees shall
be entitled to six (6) weeks vacation per year, at their regular rate of pay provided they have worked one
hundred (100) working days or more in the twelve (12) month period prior to that date each year.
(f)
After twenty-five (25) years continuous service with the Company, Regular Employees
shall be entitled to seven (7) weeks vacation at their regular rate of pay per year provided they have
worked one hundred (100) working days or more in the twelve (12) month period prior to that date
each year.
(g)
Should the employee work less than one hundred (100) days in any year, his vacation
entitlement will be pro-rated for the time actually worked. This pro-rated vacation will become the
entitlement for the current year, or if necessary, the following year’s entitlement will be adjusted as
applicable.
(h)
Vacations up to an including two (2) weeks shall be arranged between April 1st and
September 30th unless mutually arranged otherwise. Weeks of vacation beyond two (2) weeks shall not
be taken during the busy seasons, unless operationally feasible.
(i)
January 1st of each year, the vacation schedule and employee’s vacation entitlement
must be posted and remain posted until February 1st. At this time the Company with the assistance of
the Union Representative, if requested, shall schedule employees’ vacations. Such scheduling is to be
completed by the 15th of March of each year.
(j)
The annual vacation schedule will provide for up to fifteen percent (15%) of the regular
employees, to be away on vacation at any one time during the vacation year, unless operationally
feasible. The Company may request that vacation be arranged so that the efficient operation of the
Company is not effected, e.g. availability of class 1 drivers.
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7.02 Vacations shall be taken with due regard to seniority and shall not be cumulative from one (1)
contract year to another, if the privilege is not exercised in any one year.
7.03 In the event of a paid holiday, as provided in this Agreement, falling during a vacation period,
the employee shall be entitled to an extra day’s holiday with pay. The Company will reschedule the
holiday in accordance with the wishes of the employee provided the Company work schedule can be
maintained. (See also appropriate section in the Employment Standards Code)
7.04 Notwithstanding any other Article of this Agreement, an employee’s annual vacation must be
taken as prescribed by the Collective Agreement. Employees who are in receipt of disability
compensation allowances, such as Workers’ Compensation, short term disability, Company paid sick
leave, etc., shall have added to such allowance, by the Company, vacation wages, if any, so that the
employee receives, during his vacation period, the full amount he would have received had he not been
disabled, sick, etc., but in no event shall he be entitled to receive more in combined compensation and
vacation wages than he would have received were he not in receipt of such disability compensation
allowances.
7.05 (a)
In the event temporary employees qualify for vacation under the Employment
Standards Code, these vacations may be scheduled and taken by temporary employees outside of the
peak vacation period (May to September, Christmas and long weekends), and subject to the efficiency of
the operation.
(b)
Temporary employees will be provided the option to bank their vacation pay. In the
event an employee has banked their vacation, they may withdraw the entire outstanding amount at
the end of May in each calendar year. Any outstanding balance will automatically be paid to
employees in the first pay period in December and the second pay period in January.
(c)
Where a temporary employee is successful in filing a regular job vacancy, all previously
accrued vacation pay shall be paid out, and vacation accrual as a regular employee shall commence, as
stated in 7.01(a), from the established seniority date.
ARTICLE 8
HEALTH AND WELFARE AND PENSION PLANS
8.01
Health and Welfare
A summary of the Company’s Group Health and Welfare Plan is given in Schedule “A” to this
agreement. It is understood and agreed that the Company is not an insurer and that the benefits
described in the schedule shall be governed by the contract with the insurers.
The Health and Welfare Plan will be provided free of cost to the employees. Notwithstanding
this requirement, any employee who moves into Regular Employee status on or after April 1, 2012 shall
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be required to pay for their first twelve months as a Regular Employee, twenty percent (20%) of the cost
of provision of the following benefits:
a.
b.
c.
Extended Health
Dental
LTD
An employee who is laid off continues to participate in the Health and Welfare Plan of the
Company applicable to employees in his Bargaining Unit to the end of the month following the last
month in which he has worked in the Bargaining Unit. Health and Welfare Plan for the purpose of this
section does not include the Pension Plan or the Company’s Sick Pay, Short Term Disability Plan or Long
Term Disability Plan which covers 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 Health and
Welfare Plan is restored to participation immediately upon completion of eight (8) hours work in the
Bargaining Unit.
8.02
Pension Plan
The Company will amend the Pension Plan as detailed in Schedule “B” of this Agreement.
8.03
Sickness and Sick Pay
(a)
Sickness shall be no cause for discharge. Upon recovery from any sickness, supported
by a medical certificate if necessary, the employee shall be re-employed in his former capacity.
(b)
(1)
Employees who achieve Regular status after April 1 in the contract year, shall be
credited with two (2) hours of sick leave benefit for each full month remaining in the contract year.
(2)
Regular status employees as at April 1 shall be credited with forty (40) hours
of sick leave benefit per contract year. All unused sick leave will be paid out March 31.
(3)
Only twenty-four (24) hours of sick leave benefit may be used at one (1) time.
(c)
The Company shall have the right to request a doctor’s certificate attesting to an
employee’s illness, disability or fitness for work on a form provided by the Company for this purpose
(this is not access to confidential medical information).The Company shall pay the cost of any fees.
Abuse, misrepresentation, or misuse of the sickness or disability provisions will result in
the employee being ineligible for benefits for the period in question.
(d)
The sick leave benefit may be used, in cases of disability from occupational accident or
non-occupational illness to provide full compensation.
When it becomes apparent that an employee, who is on STD or a WCB claim, will not
return from the claim in time to exhaust his/her vacation entitlement prior to the fiscal year end (March
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31), STD or the WCB benefits shall be topped up to March 31 to full daily earnings, and the equivalent
hour and dollar amount shall be reduced from his/her vacation bank.
Should there be vacation remaining at March 31, the employee shall be required to
carry-over a maximum of two (2) weeks vacation entitlement to be used as time off immediately upon
his/her return to work from STD or the WCB claim.
At March 31, any vacation entitlement in excess of two (2) weeks shall be paid out.
(e)
In the event that an employee becomes ill or is injured after having commenced his
vacation, and the illness continues to the point where, if at work, he would have qualified for Short Term
Disability coverage, he shall have any full days of the remainder of his vacation canceled for the period
that he would have qualified for Short Term Disability coverage, and rescheduled at a later date. In
order to implement this clause, the employee must first contact his supervisor immediately if he
becomes ill or in injured and he must be able to meet the Short Term Disability requirements. No Short
Term Disability payments will be made for that period in which the employee was in receipt of vacation
pay.
(f)
The Union agrees to co-operate in the communication and support of the Employee and
Family Assistance Program (EFAP).
ARTICLE 9
GRIEVANCE PROCEDURE
9.01 The Company acknowledges the right of the Union to select three (3) shop stewards and one (1)
Chief Steward at Calgary, plus one (1) shop steward at Lethbridge.
9.02 There shall be a Grievance Committee consisting of up to three (3) employees designated by the
Union, who are actually then in the employ of the Company, and who will be afforded such reasonable
time as may be required to attend Grievance meetings held at the request of the Management or the
Grievance Committee. The Union shall advise the Company of the names of the members of the
Grievance Committee and Shop Stewards, in writing, and also of any changes from time to time.
9.03 The Company or the Union, or aggrieved employees, can file grievances for processing under
this Agreement.
In the case of a grievance being filed by either the Company or the Union respecting any
grievance as distinguished from that first tendered by an aggrieved employee the parties shall
commence discussions at the second step of the grievance procedure, and the grievance shall be put in
writing by the aggrieved party should settlement not be reached in that step.
9.04 9.04 In the case any grievance arises, an honest effort shall be made to settle the differences
in the following manner:
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Step No. 1
The aggrieved employee shall notify the Shop Steward who will immediately request time off
from his Supervisor in order to take up the matter. The Shop Steward with or without the aggrieved
person, shall take up the matter with the Supervisor within ten (10) working days of the grievance
arising or becoming apparent. Failing a satisfactory settlement, the grievance shall be put in writing on
the forms provided by the Union and shall be signed by the Shop Steward. The Supervisor shall give his
answer on the form and sign his name within five (5) working days, after which the second step may be
invoked.
Step No. 2
(a) The Grievance shall be submitted on a grievance form by the Union Executive within five (5)
working days to the Manger, Operations – or his designate (which at all time will be a
management person with a position of Supervisor or above).
(b) The Manager, Operations – or his designate shall have five (5) days in which to give his
answer to the Grievance Committee in writing and return same to the Union Executive
within the five (5) working days.
Step No. 3
If not resolved in Step No. 2 the grievance shall be submitted by the Union Executive to the
Manager, Human Resources within two (2) working days. The Union and the Company shall, within
three (3) working days fix a firm date for a meeting to be held within fifteen (15) working days between
the Grievance Committee of the Union, the Manager, Operations and the Manager, Employee Relations,
or their designates, to deal with the matter . The Company shall have five (5) days in which to give a
response to the Greivance Committee in writing. If settlement is not reached, Step No. 4 may be
invoked.
Step No. 4
Should the parties be unable to resolve the grievance at Step 3, either party may submit the matter to
an Industry Troubleshooter or for arbitration within sixty (60) days..
(a) A single arbitrator that is satisfactory to both parties will be selected to hear the grievance.
Should the parties not be able to agree on an Arbitrator within sixty (60) days, either party
may apply to the Alberta Labour Relations Board for a list of five (5) prospective arbitrators
to be forwarded to each of the parties. Upon receiving the list, the parties will have up to
ten (10) working days to agree on an arbitrator from the list. If the parties cannot agree,
then either party may ask the Minister of Labour to appoint an arbitrator.
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(b) The parties undertake to prepare a “statement of agreed facts” for submission to the
arbitrator. This statement will be prepared jointly by the parties after a matter has been
referred to arbitration.
(c) The arbitrator shall not have any jurisdiction to alter or change any of the provisions of this
Collective Agreement, or to substitute any new provision in lieu thereof. The decision of the
arbitrator will be final and binding upon the parties and the employee(s) concerned.
(d) The Company and the Union shall bear the expenses of their respective counsel for
arbitration. All other reasonable costs of such arbitration, including the fees and expenses
of the arbitrator shall be equally shared by both parties to this Collective Agreement.
(e) Where an Arbitrator finds in favour of an aggrieved employee, such employee shall receive
full back pay for time lost arising out of the grievance and full reinstatement in his former
job, including all benefits and entitlements, held prior to the grievance having arisen.
Where an employee has been suspended, dismissed or disciplined, the Arbitrator may
confirm, modify, or set, aside the decision. The Arbitrator shall have the power to decide if
the question before him is arbitrable.
Industry Troubleshooter
A)
Where the parties agree to invoke the use of an Industry Troubleshooter the
appropriate process will apply. This process will only apply when both parties agree to
utilize the Industry Troubleshooter, should both parties not agree, then the Arbitration
process will take place.
B)
As the process is intended to be non-legal, legal counsel will not represent either party
during this process All presentations should be short and concise and are to include a
comprehensive opening statement.
C)
Prior to rendering a decision, the Industry Troubleshooter may assist the parties in
mediating a resolution to the grievance(s). Where mediation fails or is not appropriate,
a decision shall be rendered as contemplated within and may include an immediate
verbal award if the parties so agree, with a formal written award to follow. The decision
of the Industry Troubleshooter is to be completed and delivered in ten (10) working days
of the hearing.
D)
Industry Troubleshooter shall have the power and authority to conclusively settle the
dispute and his/her decision shall be binding on both parties. The Industry
Troubleshooter shall not have the power to change the Collective Agreement or alter,
modify or amend any of its provisions. The Industry Troubleshooter shall have the
power to dispose of the grievance in any manner he/she deems just and equitable.
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E)
Any decision of an Industry Troubleshooter will be without prejudice. There will be no
precedent set for future cases to be heard the same way.
F)
If either party believes that the Industry Troubleshooter has erred in law or if either
party feels that the Industry Troubleshooter’s decision has altered the Collective
Agreement, either party will have the opportunity to proceed to Arbitration.
G)
The parties will agree to a list of Industry Troubleshooters to hear cases and be jointly
responsible for the expenses of the Industry Troubleshooter.
ARTICLE 10
GENERAL CONDITIONS
10.01 (a)
When an employee (Regular or Temporary) attends the funeral of an immediate relative
he shall receive paid leave of absence as is reasonable under the circumstances to enable him to look
after the funeral arrangements. Only regular working days shall be paid for. The extent of such leave
shall be at the discretion of the Company, depending on the time of the bereavement in relation to his
regular time off, the distance to be traveled, etc.
The general standard of bereavement time shall be three (3) consecutive days.
Immediate relative shall be defined as spouse (as designated for benefits coverage),
significant other, life partner, mother, father, legal guardian, son, daughter, brother, sister, father-inlaw, mother-in-law, grandparent and grandchild. This also includes the above relations as “step”
relations.
In the event an employee suffers bereavement during their scheduled vacation, they may
contact their Supervisor to cancel their vacation, exercise their bereavement during their scheduled
vacation, they may contact their Supervisor to cancel their vacation, exercise their bereavement and
reschedule the remainder of their vacation time at a later date.
(b) In the event an employee has received prior permission to attend the funeral of a brother-in
–law or sister-in-law on a regular scheduled work day, time off with pay will be granted.
(c) When an employee is granted time off during his regular shift to act as a pall bearer for a
deceased fellow employee or pensioner of the Company, he shall be paid at his regular rate
of pay for any time lost up to a maximum of eight (8) hours.
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10.02 (a)
Should an employee be called for jury duty, the Company will supplement his jury pay to
ensure that the employee will receive, totally, monies equivalent to eight (8) hours of straight time at his
regular rate for those days he would actually have been at work, during his service as a juryman.
(b)
Any employee who is subpoenaed as a witness in a civil case in which the Company
Solicitor certifies the Brewers’ Distributor Ltd. As having an interest, or was called as a witness in a
criminal or Quasi-criminal case which the Company Solicitor certifies as a work of good citizenship, shall
not suffer any net loss of pay while so serving, provided the employee turns over to the Company any
fees or payment received for appearing as such witness.
10.03 (a)
All Regular Warehouse employees will be provided an allowance/voucher to purchase
appropriate clothing and CSA approved safety shoes/boots (toe and shank protection), redeemable at a
local clothing store to a maximum of $275.00 per contract year.
All Regular Transport employees will be provided an allowance/voucher to purchase appropriate
clothing and CSA approved safety shoes/boots (toe and shank protection), redeemable at a local
clothing store to a maximum of $325.00 per contract year.
It is acknowledged that the payment/voucher for the cost of clothing and safety shoes/boots
will only be made to employees who then require them for their job with the Company and who have
been actively at work for three (3) months of the contract year.
(b) Temporary employees will receive $75.00 per year for the purchase of CSA approved
safety shoes/boots (toe and shank protection) or clothing upon presentation of a receipt.
Upon completion of one (1) years of continuous service this amount will be $125.00 per
year. The Company may deduct this amount from the employee’s final pay if he does not
remain employed for three (3) months.
(c) Temporary employees assigned to city delivery functions will be provided with suitable
uniforms.
10.04 (a)
Hotels, clubs, restaurants, special permits, canteens, and lounges must be serviced by
two (2) deliverymen per truck.
(b)
The Company shall endeavour to eliminate all stair deliveries.
10.05 The Company will pay the cost of a driver’s license, endorsements, and medical where such
licenses and medical is required in the performance of the employee’s job duties.
10.06 Notwithstanding Article 10, Clause 10.04 (a), the Company will assign less than two (2) delivery
men per truck provided it is safe to do so. The following conditions will apply in assigning less than two
(2) delivery men per truck:
(a)
A delivery man working alone will not be required to handle any cash from any licensee.
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(b)
BDL will provide necessary support equipment to maintain the safe work environment
of a delivery man working alone (i.e. if full pallets are required to be moved by one delivery man, a
power transporter will be supplied).
(c)
Management recognizes the right of a single delivery man to identify an unsafe situation
and call his supervisor for assistance. This would also include severe weather conditions. The supervisor
will assess the circumstances ad will determine if assistance is required. When assistance is required, it
will be provided. It is the intent of the parties to deliver the product in a safe and efficient manner.
(d)
When assigning one man deliveries, Management will consider the wishes of the
classified senior employee. When senior unclassified employees are required to fill in on a day-to-day
basis (sick time, vacations, etc.), this will be done so according to the seniority, availability and
operational requirements.
(e)
Delivery service to new locations that have power hoists and/or loading docks, or
locations that can accommodate power transporters and/or forklifts, will be scheduled for deliveries
without two (2) delivery men. A Union Executive Member who is also on the Health and Safety
committee must be included in the determination.
(f)
Delivery service to new locations not meeting the criterion established in Section (5)
above or delivery service to current delivery locations that substantially alter their current delivery
methods will be initially serviced by two (2) delivery men per truck. These locations will continue to be
serviced by two (2) delivery men until the arbitration process outlined in this subsection is exhausted. A
Union Executive Member who is also on the Health and Safety committee must be included in the
determination.
Within thirty (30) days of the initial delivery, an authorized Union representative and an authorized
Company representative will jointly visit the new location to discuss whether the location is such that it
may be safely and efficiently serviced by less than two (2) delivery men. If agreement is reached
between the two representatives, the new location will be designated a two (2) man or one (1) man
delivery location. Neither party will unreasonably withhold their agreement.
Failing agreement, this matter will be submitted to the Labour/Management Committee for resolution.
Neither party will unreasonably withhold their agreement.
Should the parties be unable to agree, the matter may be submitted at any time after the expiry of thirty
(30) days set out in paragraph 2 above to an arbitration board under the terms of this agreement with
the sole issue for determination being whether or not the new location is a one (1) or two (2) man
delivery location. In reaching a decision, the arbitration board shall only consider the safety and
efficiency of delivery.
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ARTICLE 11
SECURITY OF PRINCIPLES
11.01 When employees of the Company become of pension age, this privilege shall be exercised.
11.02 (a)
The Employer shall post rules of the Company in a conspicuous place so that all
employees may read them.
(b)
Infractions of the rules of the Company shall be sufficient for disciplinary action up to
and including discharge, subject only to the operation of the grievance procedure.
(c)
There shall be no lockout on the part of the Company and likewise there shall be no
sympathetic strikes staged by the Union while this Agreement is in force and effect provided the
Company shall not request or require its employees to handle, process or deliver goods coming from,
belonging to, or for delivery to an establishment at which a legal strike or legal lockout is in progress,
and it shall not be a violation of this Agreement for employees to refuse to handle, process or deliver
such goods, or to refuse to cross an established bona fide picket line. Notwithstanding anything
contained herein the Union will provide skeleton crews to protect the Company’s property and products
during any form of labour disturbance which may arise.
(d)
employee.
Only the Manager or Supervisory Employees shall have the authority to suspend any
The Employee shall be entitled, prior to the imposition of discipline, to a meeting with
Management in order to discuss the reasons for taking such action and the employee shall be
accompanied by a Union Representative (of the Grievance committee if possible), and the employee
shall be notified in writing of the grounds for written warnings, suspension or discharge. The Union shall
receive a copy.
The only exception to the above would result from a Suspension Pending Investigation
if:
(1)
a Union Representative was unavailable, or
(2)
more information was required to determine if discipline is warranted.
A meeting would be scheduled as soon as possible. Should a decision then be made
that the employee warrants no discipline or discipline that is less than a suspension, he will be
compensated for his regular hours not worked.
All disciplinary records will be removed from the employee’s personnel records after a
period of one (1) year from the date of issuance of such discipline (three (3) in the case of suspension),
and thereafter shall not be used for any purpose.
Reference will not be made to an employee’s non-disciplinary records during
disciplinary action if such records are three (3) years old or more.
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11.03 The Company and the Union agree to establish a Joint Health and Safety Committee and to have
regular meetings with the Committee.
ARTICLE 12
JOB TRAINING AND RETRAINING
12.01 (a)
Before selecting employees for training on other jobs, the Company will post the
training job for a period of three (3) working days. Employees having the greater seniority will be given
preference to qualify within a reasonable training period. Notwithstanding the foregoing the Company
shall temporarily assign any employee to any job.
(b)
Employees will be eligible for refund of tuition costs (including pres cribbed textbooks)
of educational courses provided that the Manager, Human Resources gives prior approval and that in
the opinion of the Manager, Human Resources:
(1) The course is given by a recognized school; and
(2) The course is likely to contribute to the employee’s performance or advancement
within the company, and
(3) The course is seen as a contribution to the development of the employee; and
(4) The employee offers proof of successful completion of the course(s).
ARTICLE 13
EMPLOYMENT INSURANCE PREMIUM REBATE
13.01 The employee’s share of any Employment Insurance Premium Rebate will be retained by the
Company to offset a portion of the cost of the benefit improvements contained in this Agreement.
ARTICLE 14
SEPARATION PAY
14.01 A regular employee shall be entitled to separation pay as set out in Subsection .03 provided he
has not been excluded by Subsection .02 and provided he meets any of the following eligibility
provisions:
27
(a)
if he is terminated for a reason other than set out in Subsection .02;
(b)
if he is laid off and on any date during his layoff the hours scheduled for him during the
previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours
provided he is not eligible for any Company or Government pension or for benefits under the Company’s
insured Short Term Disability 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 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 not later
than six (6) months after he first becomes eligible therefore, otherwise his 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 he is
entitled without waiting the six (6) month’s period.
14.02 Notwithstanding Subsection .01, an employee shall be excluded from separation pay eligibility if:
(a)
he quits;
(b)
he is terminated for just cause;
(c)
he is terminated under Section 3.06 of this collective agreement.
(d)
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
(1)
the direction or decree is the result of an illegal act committed by the Company
or one of its representatives, or
(2)
the direction or decree purports to change the method of beer retailing within
the Province;
(e)
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)
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 layoff;
(g)
he is in receipt of income replacement benefits under the Short Term Disability or Long
Term Disability Plans or the Workers’ Compensation Act;
(h)
he is entitled to receive any pension under the Company or Government Pension Plan.
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14.03 The amount of the separation payment of an eligible employee shall be equal to:
(a)
one week’s base earnings (computed on the basis of his hourly rate in effect as of time
of layoff) multiplied by the number of his completed years of seniority (as used for vacation entitlement)
as of the last day he actively worked in the Bargaining Unit, plus
(b)
for employees classified as regular employees prior to May 5, 1988, an additional Three
Hundred and Seventy-five Dollars ($375.00) multiplied by his completed years of seniority used in (a)
above to a maximum of 15 years. However, such eligible employee who applies for separation pay at
the time he first becomes eligible therefore shall have his separation pay under this part (b) calculated
as Seven Hundred and Fifty Dollars ($750.00) multiplied by his completed years of seniority used in (a)
above to a maximum of 15 years. If there is a permanent closure of the complete operations of
Brewers’ Distributor Ltd. The 15-year maximum is replaced with a 22-year maximum.
(c)
With respect to Separation Pay, the following hourly rate to be used in the calculation of
“one week’s base earnings”.


For service up to March 31, 2000, the hourly rate in effect at March 31, 2000.
For service after March 31, 2000, the hourly rate in effect at the time of layoff.
14.04 The Company shall be authorized to deduct from any separation pay payable to an employee
hereunder the amount of any payment made to such employee which the employee was not entitled to
receive.
14.05 If an employee applies for and accepts a separation payment hereunder, his employment is
terminated and his seniority and other rights under the Collective Bargaining Agreement are cancelled.
ARTICLE 15
DUPLICATION OF BENEFITS
15.01 An employee shall not receive wages or other allowances such as holiday pay, vacation pay,
short term disability, LTD, Worker’s Compensation, or other similar benefits from more than one source
for the same day or part of the day.
15.02 An employee receiving a benefit such as sick leave, short term disability, long term disability,
WCB, etc. will continue to receive these benefits, while eligible, in lieu of any other monies or benefits
under the collective agreement.
15.03 Articles 15.01 and 15.02 will not negatively impact on the current “top-up” provisions contained
in the Collective Agreement. (See Articles 7.04 and 8.03(d).)
29
ARTICLE 16
DURATION AND TERMINATION
16.01 The Collective Agreement shall remain in force until March 31, 2018, and thereafter from year
to year unless either party serves notice of termination or amendment not greater than one hundred
and twenty (120) days and not less than sixty (60) days prior to March 31, 2018 or if such notice has not
then been served, then not greater than one hundred and twenty (120) days and not less than sixty (60)
days period to the 31st of March in any subsequent year thereto.
All conditions of this Collective Agreement shall remain in force and effect until the earlier of a
ratified amended Collective Agreement or the mediation proceedings pursuant to the Labour Relations
Code have been exhausted.
There shall be no retroactive application of any of the provisions of this settlement and the
resulting amendments to the Collective Agreement except as expressly provided for herein.
IN WITNESS WHEREOF the parties have set their signatures hereto the day and year first above written.
FOR THE COMPANY:
FOR THE UNION:
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
30
SCHEDULE “A”
Health and Welfare Plan
1.
This schedule outlines the benefits, including improvements added in this Agreement, which are
provided under the Company’s insured Health and Welfare Plan. It is intended only as a convenient
summary of the important provisions of the Plan, which is more fully described in a booklet, which
will be supplied by the insurance company.
2.
Each Regular Employee who has established seniority, as provided in Section 5.02 of the
Agreement, and each future pensioner, is entitled to the benefits provided by the Plan.
3.
Benefits – Regular Employee, and Dependents Where Specified
(a) Life Insurance
Each employee is insured for $59,000 as of April 1, 2015 payable in the event of death from any
cause.
Employees not actively at work on the effective dates of the increases shall be provided increased
insurance coverage upon their return to active employment.
(b) Accidental Death and Dismemberment Insurance
In addition to life insurance under 3(a) the employee is insured for $59,000 as of April 1, 2015,
in the event of accidental death or dismemberment resulting from non-occupational causes.
Employees not actively at work on the effective dates of the increases shall be provided increased
insurance coverage upon their return to active employment.
(c) Hospital Expenses – Employees and Dependents
To supplement the benefits under the Alberta Government Hospital Plan, the insurance
provides for payment for the employee and his dependents of hospital charges for semi-private
accommodation (room and board) for an unlimited period when hospitalization is from nonoccupational causes. When hospitalization is due to pregnancy, childbirth or resulting complications,
the benefit will apply if the employee’s insurance has been in effect for nine (9) months.
(d) Outpatient Hospital Expense – Employee and Dependents
Care and treatment for non-occupational injury or sickness received as an outpatient in a
licensed hospital will be paid up to a maximum amount of $50.00 per calendar year.
(e) Major Medical – Employees and Dependents
31
This insurance provides for payment towards reasonable and necessary charges incurred for
supplies and services, recommended by a physician or surgeon for treatment of non-occupational
disease or bodily injury, such as services of physicians, surgeons, or specialists, private duty nursing by
registered graduate nurses, registered nursing assistants or attendants as required and prescribed,
drugs requiring written prescription of a physician, where such exceed the charges paid for by the basic
insurance for Medical, Surgical and Outpatient referred to above. The Major Medical insurance will pay
80% of the excess allowable expense; subject to:
(1)
a deduction of $20.00 per insured person in each calendar year with a maximum
deduction of $40.00 per family in each calendar year.
(2)
a maximum benefit of $10,000 for any one person, employee or dependent.
(3)
Effective April 1, 2012 Vision Care coverage will be provided to all regular status
employees and dependants to a maximum of $225.00 per person every two (2) years upon presentation
of a receipt.
(4)
Effective April 1, 2009, employees who are regular employees on that date will be
provided with a Health Care Spending Account with an annual maximum of $600.00. Effective January
1, 2010, this annual maximum will be increased to $750.00 and will be applied to employees who are
regular employees on January 1st of each year.
(f)
Short Term Disability and Long Term Disability Coverage
(1)
Short Term Disability
Where an employee is disabled due to a sickness or a non-occupational accident, a weekly
benefits amounting to 70% of wages (applicable classified hourly rate x 40) in effect during the twenty
six (26) week period will be paid to an employee who is off work and under the care of a doctor.
Payments will commence as follows:
Non-occupational Accident
On the first day of each occurrence.
Sickness
On the fourth day of each occurrence.
Benefits will be continued to a maximum of twenty-six (26) weeks for any one period of
disability.
Employees achieving Regular Employee status after April 1, 1994, who were hired with a preexisting condition cannot access the benefit plan for one year from the day on which Regular Employee
status was attained, in relation to that condition.
32
(2)
Long Term Disability
Should the disability, described above continue beyond the end of the 26th week, upon
successful completion of the required application for continued benefits and submission and approval
of supporting medical documentation, the insured Long Term Disability Plan will commence at the 27th
week and will continue until recovery, or age 65, whichever occurs first.
Where an employee has received Workers’ Compensation payments for a twenty-six (26) week
period, the Long Term Disability plan will commence at the 27th week and will continue until recovery or
age sixty-five (65) whichever occurs first.
The L.T.D. Plan will provide the payment of 66 2/3% of wages (applicable hourly rate x 40)in
effect during the first seventy-eight (78) weeks of the Long Term Plan. Should the disability continue
past the 104 week period (26 weeks + 78 weeks) the future weekly benefit will be calculated at 66 2/3%
of wages (hourly rate x 40) in effect at the 104th week of disability.
(3)
Coverage under Insured Short Term Disability and Long Term Disability Plans
Coverage will be continued:
(i)
for the first one hundred and four (104) weeks of a disability provided the
employee is unable to perform his own job;
(ii)
in excess of one hundred and four (104) weeks, provided the employee is
unable to perform any job for any employer for which he is reasonably qualified by training, and
education, or experience, to perform, as determined by the insurance carrier.
The Short Term Disability Plan and the Long Term Disability Plan will be of a standard
nature underwritten by an insurance carrier and will include an offset clause for integrating statutory
payments such as Canada Pension Plan, Unemployment Insurance and in the case of Long Term
Disability, will also include an offset clause for integrating Workers’ Compensation.
(4)
Rehabilitation Benefits
In an employee’s monthly indemnity ceases because he is no longer disabled to the extent
required by this provision and he immediately enters a rehabilitation program, then during such
program the insurance company will pay to him a monthly rehabilitation income as set out in the
following paragraph for a period of not more than twelve (12) months. The amount of monthly
rehabilitation income will be the amount of monthly indemnity which the employee has been receiving
prior to entering his rehabilitation program reduced by 70% of any compensation received by him for
work performed during the program except that if at any time the employee’s total monthly income
arising from the sum of his monthly rehabilitation income, his compensation during rehabilitation and
any income received from sources referred to in Item i to v of the Schedule below exceed 75% of his
earnings from the employer as set out in (g) 1 or (g) 2 during his disability period, then in such event the
employee’s monthly rehabilitation income will be reduced by the extent of such excess.
33
Income Schedule
(i)
Salary or wage;
(ii)
Indemnity from other Group Insurance Plans;
(iii)
Company Retirement Plan;
(iv)
Government Benefits;
(v)
Workers’ Compensation
For the purpose of this provision a “Rehabilitation Program” means program of vocational
training or a period of work for the purpose of rehabilitation, either of which is approved in writing by
the insurance company.
(5)
Pension Accrual
The Company will provide the necessary monies to build up the pension of an employee
receiving benefits from the insured Long Term Disability Plan at the rate of pension accrual in effect at
the commencement of the disability.
(6)
Effect on Other Benefits
Group Life Insurance, Accidental Death and Dismemberment and Health benefits shall be
continued in force during any period the employee is receiving Short Term Disability or Long-Term
Disability benefits.
(h) Dental Plan
With the exception of employees identified in Article 8.01, the Company will provide a dental
plan free of premium cost to the employee to cover each Regular Employee and his dependents.
Effective April 1, 2006 the Dental Plan Fee Schedule will be upgraded to the current fee standard for
Alberta and will remain updated from year-to-year.
The Plan will be subject to the terms and conditions of the insurer and in general, will provide
for reimbursement of seventy-five (75%) per cent of the cost of eligible Basic Services, as now defined,
and seventy-five (75%) per cent of the cost of eligible Restorative Services, as now defined, and fifty
(50%) per cent for orthodontics as now defined.
The maximum per year for combined basic and restorative services is to be fifteen hundred
dollars ($1,500). The combined lifetime maximum for Orthodontic Services will be twenty-three
hundred dollars ($2,300).
34
4. Benefits – Pensioners
Benefits granted to employees who retired prior to the signing of this Agreement are governed by
the Agreement in force on the date they retired.
Regular employees who retire on or after the date of this Agreement will be entitled to the
following benefits:
(a)
Life Insurance will be continued at $3,000.00
Employees who retire on or after April 1, 1988, life insurance continued at $4,000.00
(b)
Early retirement as a result of partial disability Life insurance will be continued:
-
To age 65 at $5,000.00
-
From age 65 at $3,000.00
Employees who retire on or after April 1, 1988, life insurance continues at $4,000.00 (from
age 65)
(c)
Effective the first day of the month following ratification the welfare benefits indicated in
Section 4 and 4(1) will be continued for employees who retire after April 1, 1991 under the provisions of
normal retirement, special early retirement and 85 point retirement.
5. Alberta Health Care Premium
The Company agrees to cover the cost of the Alberta Health Care premium as contemplated by the
Provincial government, during the life of this agreement.
35
SCHEDULE “B”
Pension Plan
The Pension Plan will be amended effective April 1, 1974, by cancelling the present provisions
for a Contributory Pension Plan, and all references relating to future service pension benefits,
Employees contributions and Earnings as set out in Schedule “B”, reference Item 1, Subsection (a), (b)
and (c) dated effective January 1, 1972.
The Pension Plan will be amended to provide:
Effective April 1, 1974:
A non-contributory plan with corresponding changes in benefit entitlements.
Effective April 1, 2015:
No further benefits shall accrue under the Brewers’ Distributor Ltd. Pension Plan for Hourly
Employees in Alberta (the “Alberta Hourly Plan”, or the “Pension Plan” as used in the Collective
Agreement). All members of the Alberta Hourly Plan will not accrue any further defined
benefits under the Pension Plan and all accrued defined benefit entitlements thereunder
(including credited service) shall be frozen at March 31, 2015. In addition, all
entitlements under the Alberta Hourly Plan shall be determined effective as of the date of
ratification of this agreement. Employees participating in the Alberta Hourly Plan at the date of
ratification of this agreement shall immediately become eligible to participate in the Group RRSP
Plan on the terms described in this Collective Agreement immediately on April 1, 2015.
A.
Pensions
1. For members who retire on or after April 1, 2012 the following shall apply
(a)
Minimum Pension at Normal Retirement:
A member retiring at age 65 with at least 30 years of credited service is entitled to a lifetime
supplement being the amount required to be added to the member’s accrued pension and the full
unreduced Canada Pension Plan Retirement benefits determined at the date of his retirement to
produce a minimum monthly pension of $2,560.
Pensionable service after March 31, 2012 will not be eligible for indexing.
If a member retires at age 65 with less than 30 years of credited service, the lifetime supplement
shall be the amount by which the minimum pension at the normal retirement exceeds the full
unreduced Canada Pension Plan Retirement benefits, prorated by the ratio of the number of years
of credited service to 30 years and reduced by the member’s accrued pension.
(b)
Calculation of Pension Benefit Accrual:
36
For service after April 1, 2012: a monthly pension equal to forty-five dollars ($45.00) multiplied by
the number of years of credited service.
For service to March 31, 2012, the pension benefits accrued to each member remain unchanged.
(c)
Special Early Retirement:
A member retiring after having attained age 60 with at least 30 years of credited service is entitled
to an immediate accrued pension equal to the amount of accrued pension to his credit for service to
date of early retirement, without reduction for the earlier date of retirement.
This pension will be supplemented by an amount necessary to provide a monthly pension of $2,285
from the Pension Plan payable until the member would have first become eligible to receive
unreduced Canada Pension Plan Retirement benefits. Thereafter the supplement shall be
recalculated as the amount required to be added to the member’s accrued pension and the full
unreduced Canada Pension Plan Retirement benefits determined at the date of his retirement to
produce a monthly pension of $2,560 which supplement shall become his lifetime supplement.
In addition to the recalculated lifetime supplement, a member who retires before March 31, 2009
will be paid a further supplement, if necessary, to produce a total pension from the Pension Plan
equal to the pension that would be payable if the member were then retiring at normal retirement,
based on the normal retirement minimum pension and full unreduced Canada Pension Plan
Retirement benefit both determined as of that date, his accrued pension including any escalation
thereof and his related credited service. This further supplement shall then be added to and form
part of the member’s lifetime supplement.
(d)
Deferred Retirement
Should a regular employee continue in employment beyond his normal retirement date, the
following conditions shall govern such employment:
1. 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 no later than the
first (1st) day of December in the calendar year during which the employee attains age sixty-nine,
whichever shall first occur.
2. The employee’s Pension will include any escalation benefits which occur from his normal
retirement date to his Pension Date.
3. No contributions to the Pension Plan will be made after the employee has reached his normal
retirement date and no service shall be credited after the aforementioned date.
4. An employee’s Pension will not be affected by any amendments made to the Pension Plan after
the employee’s normal retirement date.
37
5. 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 normal retirement date.
6. 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.
7. An employee who continues in the employ of the Company after his 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 normal retirement date.
2. Other Early Retirement
A member retiring on or after April 1, 1988 and after having attained age 55 but prior to
having qualified for Special Early Retirement is entitled to an immediate accrued pension equal to the
amount accrued vested pension to his credit for service to date of early retirement reduced in
accordance with his age when his pension commences.
In addition, such member shall be entitled to a lifetime supplement calculated as if the
member had attained age 65 on his date of retirement but using his current unreduced vested accrued
pension and his related credited service, the full unreduced Canada Pension Plan retirement benefit and
the normal retirement minimum pension all determined as of the member’s actual date of retirement.
The lifetime supplement so calculated will then be reduced in accordance with his age when
his pension commences.
3. Termination of Employment (Vesting)
A member’s accrued pension and lifetime supplement shall completely vest upon the
completion of two (2) years of continuous plan membership.
4. Joint and Survivor Pension
A member with an eligible spouse who takes Normal, Special Early, 85 Point or Early retirement
on of after April 1, 1988, shall receive a joint and survivor pension unless the persons entitled to the
joint and survivor pension deliver to the Plan Administrator a written waiver of such entitlement in the
prescribed form within the period of twelve months immediately preceding the commencement of
payment of the pension benefit.
Unless waived, the member’s accrued pension and lifetime supplement, if any, shall be reduced
by 10% during his lifetime. Upon his death, his eligible surviving spouse shall receive a pension of 60%
of the member’s reduced accrued pension and lifetime supplement, if any, (subject to actuarial
reduction if such spouse is more than 10 years younger than the member).
38
5. Death Before Retirement
If a member who is accruing service dies prior to his retirement date but after completion of two
(2) years of membership in the plan and such member has a spouse, the spouse shall receive an
immediately monthly pension payable for her lifetime equal to the member’s accrued benefit at his date
of death.
The lifetime supplement will be calculated as if the member had attained age 65 on his date of
death, but using his current unreduced accrued pension and his related credited service, the full
unreduced Canada Pension Plan retirement benefit and the normal retirement minimum pension all
determined as of the member’s actual date of death.
If a member who is accruing service dies prior to his retirement date but after completion of two
(2) years of membership in the plan, and such member has no spouse, the beneficiary shall receive the
lump sum Actuarial Equivalent value of the Member’s accrued benefit at his date of death.
6. 85 Point Retirement
A member retiring after having attained age 55 and whose age plus years of credited service
total 85 or more (but prior to having qualified for Special Early Retirement) is entitled to an immediate
accrued pension equal to the amount of accrued vested pension to his credit for service to date of early
retirement.
In addition, such member shall be entitled to a lifetime supplement calculated as if the member
had attained age 65 on his date of retirement but using his current unreduced vested accrued pension
and his related credited service, the full unreduced Canada Pension Plan Retirement benefit and the
normal retirement minimum pension all determined as of the member’s actual date of retirement.
7. Escalation of Benefit
Commencing with the January 1st following a member’s actual retirement date, the member’s
accrued pension and lifetime supplement, if any, shall be increased each January 1 by the percentage
set out in the existing pension escalation formula.
Any spousal pension will also be escalated on the existing formula, with the first increase
occurring on the January 1st following the member’s date of death.
B.
Disability Retirement
Effective April 1, 1991 for employees who have attained age 50 and completed 10 years of
service who become disabled and retire under the disability provisions of the pension plan will receive a
supplementary benefit of $14.00 per month multiplied by the number of years of credited service up to
a maximum of 30 years. The supplement is payable until the employee is eligible to receive either a
39
statutory disability or retirement benefit. This supplement will be paid in addition to such employees’
full accrued pension at time of disability retirement.
C.
That any increase in C.P.P. and O.A.S. after normal retirement date (age 65) will accrue to the
employee.
D.
Credited Service shall include all service during which he was an employee member of the
current Company Pension Plan and all predecessor Company Pension Plans applicable to him.
E.
The Normal Retirement Age will remain at sixty-five (65).
Provision for Voluntary Early Retirement will remain unchanged.
F.
Integration with Canada Pension Plan Benefits.
If an employee is eligible to receive any of the Canada Pension Plan Benefits and does not apply
for or loses part or all of such benefits through delay in applying for them, by earnings while eligible for
such benefits, or other act or failure to act, the employee shall be deemed to be in receipt of such
benefits for purposes of calculating the amount of any supplement.
The supplement pension calculated in accordance with the above provision is only payable
during the lifetime of the employee.
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
40
LETTER OF INTENT #1
CLOSURE
To:
Local 288 UNIFOR
The Company will provide six (6) months notice to the union and employees of its intention to
permanently close the complete operations of Brewers Distributor Ltd.
Following the notice the Company will meet with the union to explore realistic alternatives to the
impending closure.
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
41
LETTER OF INTENT #2
SHORT TERM DISABILTY PAYMENTS
To:
Local 288 UNIFOR
The Company will, upon the request of an employee, give due consideration to advance monies
pending the commencement of short term disability payments, if the following conditions exist:
(a) It is beyond the control of the employee;
(b) a short term disability claim has been properly submitted by the employee with no undue
delay, or
(c) the claim has been approved and payment of the claim is delayed.
Repayment of such advance will be effected immediately upon the commencement of short
term disability payment.
This Letter of Intent shall expire with the Collective Agreement.
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
42
LETTER OF UNDERSTANDING #1
between
BREWERS’ DISTRIBUTOR LTD.
and
LOCAL 288 UNIFOR
RE:
CHANGING WORK ASSIGNMENTS
It has been mutually agreed between the parties that effective immediately, any individual who has the
opportunity to change his work assignment and starting time on a temporary basis shall receive a
normal day’s pay at the applicable hourly rate for the new position only, without claim to any additional
compensation unless the hours spent in the new work assignment exceeds eight hours.
Should either party experience problems with this arrangement, the Company shall revert back to the
current practice whereby replacement of employees is handled on a seniority basis between employees
working on the same time schedule for that day.
Signed this 27th day of February, 2015 on behalf of:
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
43
LETTER OF UNDERSTANDING #2
between
BREWERS’ DISTRIBUTOR LTD.
and
LOCAL 288 UNIFOR
RE:
Drivers Licensing
A.
SUSPENDED LICENSES
Notwithstanding any other provision in the Collective Agreement, BDL and Local 288, being
concerned with an employee’s welfare and continued employment should he lose, or have his driving
privileges suspended by the Courts or its agents, agree to the following:
1) Should an employee who requires his driver’s license to carry out the duties of his position,
have his driver’s license suspended by the Courts or their agents (i.e. Police), and be unable to carry out
his driving duties, such an employee will immediately vacate his position until the return of his driver’s
license, and until such time as the Insurance company will once again insure the employee to operate
B.D.L.’s fleet vehicles under their standard policy and rates.
After twenty-four (24) months have elapsed from the time the affected employee vacated his
driving position, pursuant to Point 1 above, he may, with the agreement of both the Company and the
Union, apply for vacant driving positions on the condition that if he is the successful applicant he will
pay, to the Company, the difference, if any, between the normal assessed rates for insurance and any
additional premiums that may be assessed as a result of his earlier suspension.
2) An employee who vacates his position, pursuant to point No. 1 above, will have to await an
available posted vacancy before he can re-apply to a driving position. Such a posting and subsequent
selection will be in accordance with the provisions for filling a vacancy as outlined in the Collective
Agreement.
3) An employee who vacates his position pursuant to Point No. 1 above, will be allowed to
move to the first non-driving position, for which he is competent, that becomes vacant, and which he
has the seniority to hold.
3.1)
Such a vacancy will occur as a result of posting the driving position and another
employee accepting the driving position that he vacated.
44
3.2)
The above scenario may involve subsequent (more than one) postings before
the affected employee is placed. In the interim period, BDL will assign available work to the employee in
a classification as close to his regular rate of pay as possible. Once the affected employee(s) has been
permanently assigned a new position pursuant to point No. 3 above, he will accept the pay rate assigned
to the classification/position.
B.
DRIVER DEMERITS & INSURANCE
BDL and Local 288, being concerned with additional costs that may be imposed on BDL from its
Fleet Insurance Carriers as a result of employees having been assessed demerit points to their driving
licenses, agree to the following:
1) All employees who may be required to operate BDL’s vehicles in the performance of their
duties will be expected to provide proof of a valid driver’s license to BDL, including the taking of a
photocopy if asked by BDL Management.
2) Any employee who may be required to operate BDL’s vehicles in the performance of their
duties will provide consent to enable BDL to obtain a “Driver’s Abstract” if required by BDL
Management.
3) Such requests will only be made of employees who may be required to operate BDL’s
vehicles in the performance of their duties.
4) Should B.D.L.’s Fleet Insurance Carrier determine that certain employees of BDL are “high
risk” as a result of demerits against their driving licenses and assess a higher premium rate than the
normal assessment, the employee(s) deemed to be “high risk” will pay to the Company any additional
premium assessment above 20% over the normal rate.
Should the employee(s) not wish to pay the additional premium assessment above 20% over the
normal rate (additional costs of assessment, save for the first 20%), the employee may, with the
approval of the Company and the Union, vacate his driving position as per the provisions of point A 3.1
and A 3.2 above.
5) The Company agrees to provide to the Union the information provided by the Fleet
Insurance carrier which substantiates that certain employees of BDL are “high risk”.
6) The procedures outlined above will be implemented effective February 18, 1988 and will
not be imposed retroactively.
45
Signed this 27th day of February, 2015 on behalf of:
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
46
LETTER OF UNDERSTANDING #3
between
BREWERS’ DISTRIBUTOR LTD.
and
LOCAL 288 UNIFOR
RE:
EMPLOYEE INTER-BRANCH TRANSFERS
It is understood and agreed that employees may request a transfer from one Company branch
location to another without loss of Company seniority rights and privileges as per the following:
1.
Upon completion of the job posting procedures to fill a declared vacancy in any one branch, as
outlined in Article III, Section 3.03(a), and there being no successful applicant, the vacancy will be posted
in all branches and operations of the Company subject to the provisions of Article III, Section 3.03(a).
A successful applicant from one branch will be allowed to transfer to the unfilled declared
vacancy at another branch at the applicable wage rate for the vacancy. Additionally, such employee will
retain his union seniority with respect to the provisions of Article III, Section 3.05.
2.
In the event that notice is given to employees that the branch or operation in which they are
currently employed is to be closed, the affected employees may advise the Company of their interest to
transfer to another specified branch of the Company. Should there be a declared vacancy at the “other”
branch of the Company, the employee(s) who may be affected by the branch or operation closure will e
allowed to transfer to a declared vacancy as per the provisions of Article III, Section 3.03(a). This
opportunity will expire upon the closure of the branch or the operation affected.
The current regular employee at Lethbridge will be “grandfathered” with respect to retaining
the wage rate of the classification that becomes vacant. Therefore, should a vacant position be posted
and the successful applicant is the employee who is exercising his rights to an inter-branch transfer
under the provisions of this Letter of Understanding, he will not be required to accept the position at
the Warehouseman classification rate. This only applies to Darren Ramage upon closure of the
Lethbridge branch. If he qualifies for a transfer under this Letter of Understanding, he will be
transferred in at the applicable wage rate.
Signed this 27th day of February, 2015 on behalf of:
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
47
Jay Wilson
Kaj Baart
Preston Grant
48
LETTER OF UNDERSTANDING #4
between
BREWERS’ DISTRIBUTOR LTD.
and
LOCAL 288 UNIFOR
RE:
WAREHOUSE PICKUPS
The parties agree that licensees may arrange to pick-up product at the Company’s warehouse. The
Company and Union will meet as required to review the Alberta Service Standards for Customers, and
develop any further “Self Pick-up Guidelines” as may be required, to address potential operational
issues including liability issues regarding self pick-up. The handling of Warehouse Pickup orders will
be performed by BDL employees.
Signed this 27th day of February, 2015 on behalf of:
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
49
LETTER OF UNDERSTANDING #5
between
BREWERS’ DISTRIBUTOR LTD.
and
LOCAL 288 UNIFOR
RE:
PRIVATIZATION OF ALCOHOL SALES
The Company and the Union recognize that the privatization of alcohol sales in Alberta will increase the
n umber of licensees and reduce average delivery sizes during the term of this Agreement period. In the
longer term, a rationalization of the business is expected, resulting in fewer and larger outlets.
In response to these market changes, the Company will discuss these issues with the Union with a view
to devising practical methods of providing service by the Company in the urban areas as referenced in
Article 1.04(b). Further, it is agreed that the Company will work with the Union to investigate having
Local 288 perform any work not currently performed, as part of a “third tier distribution” initiative
within the Calgary urban area, provided wages, benefits, and other terms of employment are cost and
service competitive with the alternatives. If no practical means can be found to do so, then distribution
for licensees who cannot be served economically may be sublet. This procedure shall not result in the
layoff of regular employees, nor will it be permitted if any qualified regular employee is on layoff.
Signed this 27th day of February, 2015 on behalf of:
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
50
LETTER OF UNDERSTANDING #6
between
BREWERS’ DISTRIBUTOR LTD.
and
LOCAL 288 UNIFOR
RE:
BARGAINING UNIT WORK
The Company agrees to work with the Union toward the continuous improvement of the Calgary
operation. The parties will endeavour to focus on productivity and efficiency gains within the current
business functions as defined in 1.04(a).
Further to the above, the Company will also work with the Union to improve our cost and quality of
service in the areas of warehouse maintenance, depots, and can densification. If it can be agreed that
the Union is able to do the work within a cost and service level which is competitive with the
alternatives, then the work will not be contracted out. It is further understood that there may be a
requirement at some times of the year to have some of this work contracted out so that the parties can
focus on the core business functions. The Company will provide the Union with appropriate costing and
service level information.
The parties further agree to work together to ensure that the required levels of service to our customers
are maintained. The Company and Union will meet to review volume requirements for peak periods
and discuss options to manage this volume. Company options for managing the volume may include
transferring specific volumes to another facility outside the bargaining unit, if necessary. It is further
understand that for up to a four (4) week period, surrounding Stampede period, the Company will be
pro-active in managing those peak volumes. The parties agree that any plans to manage peak volume
increases will not result in layoff or loss of regular work to bargaining unit employees. It is agreed that
the Company will only transfer work that is currently outside of the Calgary City delivery area.
Signed this 27th day of February, 2015 on behalf of:
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
51
LETTER OF UNDERSTANDING #7
between
BREWERS’ DISTRIBUTOR LTD.
and
LOCAL 288 UNIFOR
RE:
LETHBRIDGE CROSS DOCK – DELIVERY OPERATION
It is understood and agreed that this applies to the implementation and operation of the
Lethbridge Cross Dock – Delivery Operation and the Lethbridge employees. This letter shall expire with
the negotiated new expiry date of the Collective Agreement currently being bargained.
Notwithstanding the Letter of Understanding Re: Lethbridge Branch Operations and any other provision
of the current Collective Agreement, it is understood that:
1. The Lethbridge warehouse will close as soon as operationally feasible and the Company will
establish a Cross Dock – Delivery Operation with a Common Carrier of their choice.
2. The Delivery Operation will operate with the one (1) existing senior full-time regular, benefit status
Brewers Distributor Ltd. Employee. Any operational requirement for additional delivery staff,
including vacation and sick replacement, above the one (1) regular BDL employee shall be provided
by the common carriers chosen by the Company.
3. All but the one senior employee will be terminated once the Cross Dock has been established. The
junior full-time employee will be entitled to collective agreement severance, and the temporary
employees will be provided with notice as per Employment Standards.
4. The Gainsharing Plan will no longer be in effect, nor will an alternative plan be developed.
5. The Company will arrange a meeting to include representatives from management of Brewers’
Distributor, the Union (Local 288), and Lethbridge BDL employees with the Cross Dock operator,
prior to implementation.
52
6. It is understood that the Company, Local 288 representatives and Lethbridge employees will
continue to participate in joint problem solving and working towards providing a quality, costeffective distribution and container return service for our customers.
Signed this 27th day of February, 2015 on behalf of:
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
53
LETTER OF UNDERSTANDING #8
between
BREWERS’ DISTRIBUTOR LTD.
and
LOCAL 288 UNIFOR
RE:
BANKED TIME-OFF
The following arrangements with respect to accumulating overtime for banked time-off will be followed
in the administration and application of the current collective agreement between the parties.
1.
It is understood that the following arrangement is not to adversely affect the efficiency of the
operation of the Company.
2.
Each employee must declare his preference with respect to banking of overtime by April 1, he
may change that election for each six (6) month period commencing October 1 and April 1 by submitting
a written request.
3.
All overtime may be banked between April 1 and December 31 to a maximum of 40 hours in any
one contract year. Any overtime worked after December 31 will be paid out as incurred.
4.
All accumulated time off must be exhausted within the year. Outstanding accumulated time-off
as of March 31 of each year will be paid in cash at the rate it was accumulated.
5.
Banked time off will be scheduled by mutual consent of the employee and the Company. The
Company may request that banked time be arranged so that the efficient operation of the Company is
not affected.
Signed this 27th day of February, 2015 on behalf of:
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
54
LETTER OF UNDERSTANDING #9
between
BREWERS’ DISTRIBUTOR LTD.
and
LOCAL 288 UNIFOR
RE:
BRANCH MANNING
Notwithstanding any other provisions in the Collective Agreement during the term of this agreement the
parties agree that the minimum number of employees during the period this branch is in operation shall
be forty-one (41) regular employees. The core number shall be reviewed annually by both parties and
upon mutual consent may increase or decrease in response to changes in volumes or methods of
operation.
Signed this 27th day of February, 2015 on behalf of:
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
55
LETTER OF UNDERSTANDING #10
between
BREWERS’ DISTRIBUTOR LTD.
and
LOCAL 288 UNIFOR
RE:
PREFERRED JOBS AND OPERATIONAL FLEXIBILITY
The Company and the Union recognize the need to achieve market competitiveness and maintain a
commitment to the continuous improvement of the Calgary Branch operation.
Both parties realize that this will require a focus on operational flexibility, a common-sense approach to
job assignments and an ability to work together to address issues which inhibit the efficient operation of
the Branch.
Both parties also recognize the seniority rights of employees and how it interacts with the day-to-day
operations of BDL Calgary.
To this end, the parties agree that, notwithstanding Article 3, Clause 3.03(f), a temporary job assignment
of a duration of two(2) hours or less shall be filled at the discretion of the Company on the basis of
competency and availability, with due regard to seniority. A more senior employee may exercise his/her
seniority rights to temporary job assignments that exceed two (2) hours.
A temporary job assignment is understood to include any job task or duties, within or outside of any
posted classification, as may be assigned from time to time.
It is understood that the Warehouse Manager and the Local 288 President will meet, as may be
required, to discuss any issues arising from the temporary assignment of work, senior employee job
preferences and the need for flexibility.
Signed this 27th day of February, 2015 on behalf of:
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
56
LETTER OF UNDERSTANDING #11
between
BREWERS’ DISTRIBUTOR LTD.
and
LOCAL 288 UNIFOR
RE:
BONUS VACATION DAYS
The full-time, regular employees, who remain after the exit of all individuals as described under the
prior Letter of Understanding – Operational Transition Plan, will be eligible for six (6) bonus vacation
days in each year of the collective agreement.
It is understood that eligibility for these bonus days shall not apply to any full-time employees hired
after this exit or to temporary employees.
It is further understood that these bonus days must be taken as paid time off, as operationally feasible.
This Letter of Understanding shall expire with the Collective Agreement.
Signed this 27th day of February, 2015 on behalf of:
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
57
LETTER OF UNDERSTANDING #12
between
BREWERS’ DISTRIBUTOR LTD.
and
LOCAL 288 UNIFOR
RE:
GROUP RRSP PLAN
Effective April 2, 2006, entrance into the existing Alberta Hourly Pension plan will cease.
Employees who are not participants in the plan on March 31, 2006, will be eligible to participate in the
Group RRSP outlined below based on the following eligibility criteria. Benefit status employees will be
eligible to participate on the first day of the month coincident with or next following the completion of
six months of employment. Other employees will be eligible to participate on the first day of January or
July, whichever is coincident with, or next following completion of two years of service where the
employee earned at least thirty-five percent (35%) of the YMPE in each of two consecutive calendar
years.
The Company will contribute a base of two percent (2%) of the employee’s base, straight-time earnings
excluding premiums. In addition, the company will contribute fifty percent (50%) of the employee’s
contributions up to the limits as per the table below. The employee’s contributions will be a percentage
of the employee’s base, straight-time earnings excluding premiums. The percentage of the employee’s
and Company’s contributions will be as follows:
Years Eligible to
participate in Group
RRSP
Company Base
Contributions
Employee
Contributions
Eligible for 50%
Match
Maximum Company
Match
Total Contributions
Year 1
2%
2%
1%
5%
Year 2
2%
3%
1.5%
6.5%
Year 3+
4%
4%
2%
10%
The Company shall assume all legal and trustee costs for setting up the Group RRSP and shall assume
any administration fees charged by the trustee.
It is understood and agreed that all matters of eligibility, coverage and benefits shall be as set out in the
relevant plan documents as determined by the carrier.
Signed this 27th day of February, 2015 on behalf of:
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
58
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
59
LETTER OF UNDERSTANDING #13
between
BREWERS’ DISTRIBUTOR LTD.
and
LOCAL 288 UNIFOR
RE:
Technological Change
If the Company wishes to make a technological change in its operations which would have the effect
of abolishing existing job classifications or creating new job classifications or which would result in the
layoff of any regular employee (in accordance with article 3.05), the Company agrees that, before
introducing such technological change, it will meet with the Union to discuss the matter and to
attempt to resolve the problems created by such technological change, as well as to attempt to lessen
the impact of such technological change on the employees affected.
Signed this 27th day of February, 2015 on behalf of:
Brewer’s Distributor Ltd.
Local 288
Shaun Shaw
John Fulton
Kyle Oliver
Bent Larsen
Kevin Bekendam
Randy Sallenbach
Jay Wilson
Kaj Baart
Preston Grant
60
Appendix A:
Variable Compensation System
Purpose:
The variable compensation system has the following purpose:

To have employees seek to achieve results by sharing common goals

To provide a market competitive base hourly rate of pay to be combined with an opportunity to
supplement this base hourly rate of pay based on achievement of targets.

Pay for performance
Principles for the Variable Plan:
The following principles apply to the variable plan

This plan applies to all bargaining unit employees.

The variable component will be calculated based on the base hourly rate multiplied by the active
hours worked to a maximum 2080 hours in a calendar year. For greater clarity, hours worked
includes time on vacation, statutory holiday pay and Union Business but does not include hours
lost due to layoff, STD, WCB, LTD, sickness, or leave of absence.

Payout will be made in the form of a one-time annual lump sum payment no later than March
31 of the following year and will be subject to normal statutory deductions. It will be based on
performance in the previous calendar year.

This variable component will not be rolled into the base hourly rate.

Employees’ base hourly rate on December 31st will be used to determine pay-out.

For greater clarity, the following will apply for partial years of work:
a) Termination – not eligible for any payment
b) Resignation – not eligible for payment
c) Retirement – pro-rated based on number of hours worked (including vacation) based on the
calendar year
d) Layoff/closure – based on hours worked
61
How the calculation works:

BDL will set a list of common goals for employees each year and the percentages for each

Each target will be weighted and the sum of all targets will be 100%

Results will be based on full calendar-year performance and will be either achieved in full or
considered not achieved (no partial completion)

The sum of the achieved targets will determine the overall percentage achievement
Possible Calgary Targets:
Target
%
Target
Actual Result
Was this target
met?
% to be used in
calculation
Productivity
Full Goods
25%
City Delivery 25%
Line Accuracy
20%
LTA Frequency 20%
Breakage
10%
Total
100%
*Must make one of the two productivity targets identified above to be eligible for payout
Sample Calculations:
For the following calculations, it is assumed that the maximum number of hours is worked during the
year (2080 hours).
Employee A @ $26.01
2080 hrs x $26.01 x 2.0% opportunity x 75% achievement = $811.51
Variable Compensation System - Examples
*Assuming achievement of 75%
Variable Compensation - Warehouse Employee
Base
2015
Base Rate
$26.01
$26.01
Base Increase Percentage
0.00%
Variable Percentage
2.00%
Hourly Variable Potential
$0.52
Effective Hourly Rate (base rate + variable)
$26.53
Yearly Variable Potential (based on 2080 hours)
$811.51
62
2016
$26.34
1.25%
2.00%
$0.53
$26.86
$821.66
2017
$26.66
1.25%
2.00%
$0.53
$27.20
$831.93
Variable Compensation - Transport Employee
Base
2015
Base Rate
$26.01
$26.91
Base Increase Percentage
0.00%
Variable Percentage
2.00%
Hourly Variable Potential
$0.54
Effective Hourly Rate (base rate + variable)
$27.44
Yearly Variable Potential (based on 2080 hours)
$839.28
2016
$27.45
2.00%
2.00%
$0.55
$27.99
$856.07
2017
$28.00
2.00%
2.00%
$0.56
$28.55
$873.19
Variable Compensation - Temporary Employee
Base
2015
Base Rate
$18.10
$17.83
Base Increase Percentage
0.00%
Variable Percentage
2.00%
Hourly Variable Potential
$0.36
Effective Hourly Rate (base rate + variable)
$18.19
Yearly Variable Potential (based on 2080 hours)
$556.30
2016
$17.96
0.75%
2.00%
$0.36
$18.32
$560.47
2017
$18.10
0.75%
2.00%
$0.36
$18.46
$564.67
63