2013 - 2016
COLLECTIVE AGREEMENT
Between
ROTHSAY
A Division of Darling International Canada Inc.
Ontario Region (Moorefield Facility)
and
LOCAL 39-X of Unifor
1
INDEX
ARTICLE
PAGE
ARTICLE I – PURPOSE ..............................................................................................................................................3
ARTICLE 2- RECOGNITION.....................................................................................................................................3
ARTICLE 3- UNION SECURITY .............................................................................................................................. 4
ARTICLE 4- MANAGEMENT RIGHTS....................................................................................................................4
ARTICLE 5- STRIKES AND LOCKOUTS ................................................................................................................5
ARTICLE 6- UNION OFFICERS, COMMITTEEPERSONS AND STEWARDS ....................................................5
ARTICLE 7- GRIEVANCE PROCEDURE AND ARBITRATION ...........................................................................6
ARTICLE 8 – SENIORITY ..........................................................................................................................................8
ARTICLE 9- LEAVE OFABSENCE ....................................................................................................................... 12
ARTICLE 10- HOURS OF WORK ............................................................................................................................ 14
ARTICLE 11- UNIFORMS and COVERALLS OR CLOTHING ............................................................................. 18
ARTICLE 12- BULLETIN BOARDS ........................................................................................................................ 18
ARTICLE 13- PAID HOLIDAYS .............................................................................................................................. 19
ARTICLE 14- VACATIONS ...................................................................................................................................... 20
ARTICLE 15- HEALTH & WELFARE BENEFITS ................................................................................................. 22
ARTICLE 16 - RATES OF PAY ................................................................................................................................ 23
ARTICLE 17- OCCUPATIONAL HEALTH & SAFETY ......................................................................................... 25
ARTICLE 18- PERFORMANCE OF BARGAINING UNIT WORK........................................................................ 26
ARTICLE 19- SUPERVISORS .................................................................................................................................. 27
ARTICLE 20- TRUCKING and GARAGE DEPARTMENTS GENERAL .............................................................. 28
ARTICLE 21 -SNOW REMOVAL ............................................................................................................................ 29
ARTICLE 22 - C.O.LA. .............................................................................................................................................. 29
ARTICLE 23 - DURATION ....................................................................................................................................... 30
SCHEDULE A- WAGE RATE SCHEDULE ............................................................................................................. 31
SCHEDULE A1 - DEPARTMENTS .......................................................................................................................... 32
JANITORIAL COVERAGE ....................................................................................................................................... 33
LETTER OF UNDERSTANDING #1 ........................................................................................................................ 36
LETTER OF UNDERSTANDING #2 ........................................................................................................................ 37
LETTER OF UNDERSTANDING #3 ........................................................................................................................ 38
LETTER OF UNDERSTANDING #4 ........................................................................................................................ 39
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This Agreement between:
ROTHSAY
A Division of Darling International Canada Inc.
Ontario Region (Moorefield Facility)
(hereinafter referred to as the Company)
and
LOCAL 39-X of UNIFOR
(hereinafter referred to as the Union)
ARTICLE I – PURPOSE
1.1
The Company and the Union each agree that the purpose and the intent of this
Agreement is to promote cooperation and harmony, to recognize mutual interest,
to provide a channel through which information and problems may be transmitted
from one to the other, to formulate rules to govern the relationship between the
Union and the Company, to promote efficiency and service and set forth herein
the basic agreement controlling rates of pay, hours of work, dispute procedure
and conditions of employment.
1.2
Therefore, this Agreement between the Union and the Company signed by the
accredited officials of both parties, has been mutually agreed upon and the terms
as laid out shall be carried out in letter and spirit by both parties.
1.3
It is further agreed that all terms and conditions of this Agreement, shall be
applied as of the 1st day of June 2013, unless otherwise indicated.
1.4
The Company and the Union mutually agree to Labour Management meetings a
minimum of ten (10) times per year.
ARTICLE 2- RECOGNITION
2.1
The Company recognizes the Union as the exclusive bargaining agent for all of
its employees at or working out of its plant at Rothsay, in the Township of
Mapleton, in the County of Wellington, save and except supervisors, persons
above the rank of supervisor, office, sales staff, security personnel and stationary
engineers.
2.2
In the event the Company establishes a rendering plant or depot in any new
location in Ontario, it is agreed that employees covered by this Agreement will be
given the opportunity to bid and to move to the new locations, according to their
seniority.
Employees will retain all their Company Service if moved to a new location
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but not their seniority rights.
2.3
The Company and the Union are committed to working together to ensure a
workplace which is free from harassment, violence, or bullying (as per Bill 168).
The parties further agree that no employee should be subjected to racial or
sexual harassment, violence or bullying, or shall be required to tolerate being
subjected to such harassment while at work.
Harassment complaints will be investigated by Human Resources and the
Union. Grievances involving harassment will be filed at third step.
2.4
The Company will not discriminate against an employee because of membership
in the Union or activity authorized herein on behalf of the union.
ARTICLE 3- UNION SECURITY
3.1
It is agreed between the Company and the Union that employees covered by this
Agreement shall, as a condition of employment, become and remain members of
the Union in good standing upon completion of their probationary period.
3.2
The Company agrees to deduct from the first pay cheque each month of
employees covered by this Agreement the monthly dues percentage specified in
writing by the Union, and to remit such monies within 14 calendar days after
being deducted from the employees pay to the Secretary-Treasurer of Local 39X along with a list of the employees for whom the money was deducted.
3.3
The Union will notify the Company in writing of any arrears in dues caused for
any reason or any arrears in initiation or re-initiation fees, and the Company will
immediately commence deductions in the amounts prescribed by the Union in
such written notice and forward such monies to the Union, along with the monthly
dues as provided for in Article 3.2.
ARTICLE 4- MANAGEMENT RIGHTS
4.1
The Union recognizes and acknowledges that the Management of the Facility
and direction of the working force are fixed exclusively in the Company and
without restricting the generality of the foregoing, the Union acknowledges that it
is the exclusive function of the Company to:
a)
maintain order and efficiency;
b)
hire, promote, demote, classify, transfer, subject to the terms of this
agreement, suspend, and discipline or discharge any employee for just
cause, provided that a claim by an employee that has been discharged or
disciplined without just cause may be the subject of a grievance and dealt
with as hereinafter provided:
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c)
make, enforce and alter, from time to time, rules and regulations to be
observed by the employees;
d)
determine the nature and kind of business conducted by the Company,
the kinds of and locations of equipment and materials to be used, the
control of materials and parts, the methods and techniques of work, the
schedules of work, the number of employees to be employed to
reasonably perform the work, the extension, limitation, curtailment or
cessation of operations or any part thereof and to determine all other
functions and prerogatives which shall remain solely with the Company
except as specifically limited by the provisions of this Agreement;
e)
when leaving the property, employee lunch boxes, tool boxes, and other
packages may be subject to inspection by the Company or Security
Guards.
ARTICLE 5- STRIKES AND LOCKOUTS
5.1
During the life of this Agreement, the Union will not cause or sanction a strike,
nor will an employee or employees take part in a strike, slow down in the rate of
production or any other interference with or stoppage of the Company’s work.
The Company agrees not to conduct a lockout during the term of this Agreement.
5.2
When the safety of the employee or Company equipment is at issue, then it shall
not be a violation of this Agreement for the employees covered by the Agreement
to refuse to cross a picket line.
ARTICLE 6- UNION OFFICERS, COMMITTEEPERSONS AND STEWARDS
6.1
The Union will advise the Company in writing of the names of employees who
have been appointed as stewards, officers or committee persons. The Company
will recognize such appointments when so informed.
6.2
The Company acknowledges the right of the Union to appoint six (6) stewards.
6.3
The Grievance Committee and Labour Management meetings shall consist of
the chairperson and two (2) other stewards or local officers as determined by the
local president.
6.4
The Company will continue to pay any lost time earnings for time spent by
stewards and/or the Grievance Committee in handling grievances or discussing
complaints with the Company.
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6.5
The Union Negotiating Committee shall consist of four (4) local members
selected by the Union, and the National Representative or his/her designate. The
number of committee persons will be increased to five (5) when the bargaining
unit has one hundred (100) or more active employees. The Company agrees to
pay each of the local members of the Negotiating Committee up to eight hours
pay at the employee’s regular hourly rate for each day the employee is absent
from work to attend collective bargaining meetings with the Company up to a
maximum of ten (10) days.
6.6
The Company will notify the Union by one of the following means prior to the
suspension or discharge of a steward or officer of the Union:
a)
b)
c)
a personally served letter
registered letter
fax
Failure of the Company to comply with this procedure shall render the dismissal
or suspension null and void.
6.7
The Company will grant a steward or an officer of the Union one hour during
working hours, with a newly hired employee to hand out and review the
Collective Agreement, to identify Union representatives, and to outline policies
and procedures. This hour will be a mutually agreed upon time, as soon as
possible after hiring.
ARTICLE 7- GRIEVANCE PROCEDURE AND ARBITRATION
7.1
The parties to this Agreement agree it is of the utmost importance to address
complaints as quickly as possible. It is understood that an employee, under
normal circumstances, will first give their immediate supervisor an opportunity to
consider their complaint. It is further agreed that answers to written complaints
shall provide a written detailed response on a form provided. The completed
form will be signed by the employee and the supervisor and copies provided to
the employee and the department steward.
7.2
If an employee has a grievance, it shall be reduced to writing on forms supplied
by the Union, and given to the employee’s department manager within seven (7)
working days from the date of the act or omission which is the basis of the
grievance. Then it shall be taken up in the following manner:
STEP 1 - By a conference among the grievor(s), the steward and the department
manager within seven (7) working days of the filing of the grievance. The
department manager shall give his/her written decision to the steward within
three (3) working days of the above conference. Failing settlement, then:
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STEP 2 - A meeting will be scheduled with the Union Grievance Committee, a
national representative of Unifor and Management within fifteen (15) working
days of the receipt of the response to Step 1. Management shall give its written
decision to the Union Committee within three (3) working days with a copy to the
representative of Unifor.
7.3
Failing settlement at step 2, the Union will decide within sixty (60) days after
receiving management’s written decision if it wishes to proceed to arbitration.
The Board of Arbitration shall consist of a single arbitrator selected by the
parties. Should the parties be unable to agree on the selection of the arbitrator,
they shall request the Ontario Labour Management Arbitrator Commission to
appoint an arbitrator from the Commission’s approved list of arbitrators.
The arbitrator so selected or appointed shall consider, and determine the matters
at issue which have been submitted for disposal and render a decision which
shall be final and binding on all parties concerned. The arbitrator, however, shall
not make any decision inconsistent with this Agreement, nor alter, modify or
amend any part of this Agreement, but shall only consider the question in
dispute.
Each of the parties hereto shall bear its own arbitration expenses and jointly and
equally bear the expenses, if any, of the arbitrator.
7.4
Any grievance, difference or dispute or alleged violation of this Agreement arising
between the Company, and the Union shall be dealt with at Step 2, provided a
written complaint is filed by the grieving party with the other party.
7.5
A claim by the Union or any employee that an employee has been unjustly
discharged or suspended, shall be treated as a grievance and shall be taken up
at Step 2 of the Grievance Procedure within seven (7) working days of the
alleged occurrence. Such grievances may be settled under the Grievance
Procedure or arbitration by:
7.6
a)
confirming the employer’s action in dismissal or suspension of the
employee;
b)
reinstating the employee with full compensation for time lost or;
c)
any other arrangement, which may be deemed just and equitable.
a)
Any settlement of a complaint, grievance or arbitration award
involving money, damages, will be paid to the employee the pay
period next following the settlement of the grievance or receipt
of the arbitrator’s award. The Union will be notified when such
payments are made.
b)
The most senior available employee filing the complaint will be offered a
resolve as per (c).
c)
When the complaint is a result of improperly assigned overtime, the
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employee will be offered the equivalent hours with work typically not done
on overtime, hours offered need to be completed within four (4) weeks.
After two (2) improperly assigned overtime errors with the employee
during the term of the collective agreement, the settlement will be a cash
remedy.
7.7
It is understood that Shop Stewards and Committeepersons, as designated in
Article 6, have their regular work to perform on behalf of the Company and when
it is necessary to investigate or service a grievance, they will not leave their work
without notifying their supervisor. When resuming their regular work, they will
report to the supervisor and if requested, give a reasonable explanation as to
their absence.
7.8
All time limits set out in this grievance and arbitration process are mandatory.
However, an extension of one week for each request for an extension by either
party in writing, will be automatically agreed by the parties. Further extensions
will be made by mutual agreement between the parties in writing. Such
agreement will not be unreasonably withheld by either party.
7.9
All discipline taken against any employee shall be removed from the employee’s
file after one (1) year of good conduct. When discipline has been removed from
an employee’s file, it may not form part of any subsequent disciplinary action or
used in any other proceeding involving that employee.
ARTICLE 8 – SENIORITY
8.1
Unless otherwise specified in the Agreement, departmental seniority will be
applied in all matters pertaining to the Agreement. The departments are as
follows:
1)
Trucking
2) Production
3)
Garage
4) Plant Services
5)
Environmental
6) General Labour
Departmental seniority is defined as the aggregate time an employee has worked
in a particular department while in the latest period of continuous employment
with the Company. Company seniority is defined as the latest period of
continuous employment with the Company.
8.2
In the event of a layoff, the following procedures will be carried out:
a)
Employees with the least Company Seniority within a department shall be
first laid off.
b)
After exhausting Company seniority on a departmental basis, employees
8
laid off from departments may exercise their Company seniority on a
plant-wide basis to the extent of displacing a junior Company seniority
employee in the department into which they may bump.
c)
When it is necessary to layoff employees, probationary employees will be
laid off first. Then layoff will be on the basis of the foregoing providing the
employees who remain are capable of handling the jobs that are
available. Should a dispute arise concerning whether an employee is
capable of performing the available jobs, such employee shall have the
opportunity to do the work concerned and qualify during a period of two
weeks, or such longer period as may be agreed between the Company
and
the
Union.
d)
i) In cases of recall after layoff, employees with seniority will be returned
by seniority provided he/she has the skills and ability such that they could
reasonably be expected to perform the required work within a reasonable
period
of
time
after
his/her
return.
ii) Employees returning to work would be recalled into a spare position
(trucking) on a temporary basis until the bid run process is completed and
he/she would be placed in a position in accordance with his/her seniority.
e)
It is understood that each recall will be considered on a case by case
basis. It is understood that employees on layoff will not continue to
accumulate seniority on either a Company or departmental basis.
8.3
In the event of a demotion, reduction or elimination of job classification,
employees may exercise their Company seniority on a plant wide basis to the
extent of displacing a junior Company seniority employee. When an employee is
forced to exercise his or her Company seniority, the employee’s seniority carries
with the employee in regards to overtime rights.
8.4
Newly hired employees shall be employed on a probationary basis for a period of
sixty (60) working days accumulated over any twelve (12) month period. During
such period the probationary employee may be discharged for failure to meet
necessary standards of conduct or performance, and such discharges shall not
be subject to the grievance procedure.
8.5
a)
The Company may hire temporary help for the period May lst to
September 30th each year. Temporary help will not be eligible for
Company benefits or floating holidays. Temporary help will be employed
for general duties, plant clean-up, painting, truck washing, ground
maintenance as well as to replace regular employees absent due to
vacation.
Temporary help may be utilized in cases of employees absent due to
illness or accident after the employee has been absent for two (2)
working days or more. However, Temporary help will not be utilized
longer than thirty working days at any time and such vacancy shall be
filled as per Article 8.11.
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If the job(s) on which they are employed continue beyond September
30th, the jobs will be posted. Temporary help will pay union dues and will
not acquire seniority.
b)
A full-time employee, who is on lay-off on or after May 1st, will be recalled
to the General Labour department as a general labourer, prior to
temporary help being hired. A full-time employee recalled in this manner
will be classified as a general labourer, and will be paid in accordance
with the applicable rate for a General Labourer.
Such employees will be employed on the same basis as temporary help
as provided in (a) above except that full time employees who have
passed their probationary period will be eligible for Company benefits,
provided they have not exceeded the allowable breaks provided under
Article 8.8. An individual recalled under this provision will pay union dues
and will acquire seniority. Temporary help may be scheduled for eight (8)
hour shifts as required, and this will not be considered as a change of
shift and will not be entitled to shift change premiums.
8.6
When a vacancy occurs and if the vacancy is to be filled, such vacancy will be
posted on the bulletin board in each department. When posted it will remain
posted for three (3) working days during which employees may make application
for such job by placing their names on the list.
Vacancies shall be awarded to the senior applicant who possess the skill and
ability to perform the required work.
The following process shall be followed:
a)
Employees within the department in which the vacancy occurs shall be
given the first opportunity to fill the job vacancy in accordance with their
departmental seniority, and vacancies shall be awarded to the senior
applicant who possess the skill and ability to perform the required work.
b)
Should there be no successful applicant within the department, then
employees will be considered on a plant-wide basis in accordance with
their Company seniority.
The successful applicant will receive the newer rate of pay immediately
upon acceptance of the position.
c)
Posting for Shunters and Truck Washers: The successful applicant must
obtain an AZ license within 6 months. The employee will be given two
opportunities to pass the test. An employee may make a request to the
Company for an extension of time if he/she is confronted with delays
outside his/her control. Unsuccessful applicants will return to their former
position.
The Company may only withdraw the posting, after posting the vacancy, for valid
business reasons.
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The job vacancy shall be filled within seven (7) days and, with mutual agreement,
may be extended an additional seven (7) days, following the completion of the
posting.
The successful applicant will receive the newer rate of pay immediately upon
acceptance of the position.
If an employee is absent for any reason whatsoever, he/she shall be notified
regarding the job vacancy and permitted to submit his/her bid for the job.
The President or his/her representative will be advised of all job postings prior to
the posting.
Any vacancies where there are certified trades, certified people will get the first
chance.
8.7
A Company seniority list, along with departmental seniority lists, shall be placed
on the bulletin boards in each department and will be revised by the Company
every six (6) months. Copies of these lists will be forwarded to the Union.
Vacation list to be in each department year around.
8.8
The employee shall lose all seniority if he/she:
a)
voluntarily quits the employ of the Company;
b)
is justifiably discharged;
c)
is laid off for a period equal to his/her seniority or twenty-four (24)
months, whichever is greater;
d)
fails to report for work within seven (7) calendar days of receipt of hand
delivered or registered mail of notice to return to work following a layoff;
e)
he/she overstays a leave of absence or having reasonable excuse, fails
to notify the Company of such reasonable excuse;
f)
if he/she is absent for three (3) consecutive working days without
notifying the Company.
g)
is absent due to disability for a period equal to his/her seniority (minimum
of one year) or thirty-six (36) months whichever is less.
8.9
If an employee fails to notify the Company promptly of any change of their
address and phone number the Company will not be responsible for failure of
any communication with the employee.
8.10
Employees who accept a position within the Company which is outside the
bargaining unit shall retain their accumulated seniority for a period of up to six (6)
months. An employee reverting back to the bargaining unit within the six (6)
month period shall be able to bump the junior person in his/her former
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department, and in subsequent job bids he/she shall exercise his/her full
departmental seniority. Employees who accept positions outside the bargaining
unit and remain outside the bargaining unit for six’ (6) months or more and
subsequently return to the bargaining unit shall have no seniority.
8.11
In the event an employee is absent for more than thirty (30) working days, for
any reason, the Company will post the vacancy as an interim vacancy.
Employees who bid on an interim vacancy shall revert to their previous job when
the employee returns to work and all other employees affected shall
subsequently revert to their previous job. The subsequent vacancy created by
the above mentioned temporary posting shall be filled by other qualified
employees within the department or if deemed necessary by the Company, a
person may be hired to fill the vacancy created by the interim. The interim
position will be posted every twelve (12) months until the employee returns to
work or the vacancy becomes permanent.
Employees filling interim vacancies may bid to other posted vacancies as if they
were in their previous job and the interim job will be re-posted. If the interim
vacancy becomes a permanent vacancy, all employees in the interim job will
revert back to their former positions and the job will be posted and filled under
the normal procedure. Employees who have filled the interim vacancy shall not
use time worked in the interim vacancy to gain any advantage for filling a
permanent vacancy.
8.12
If there is a reduction in the number of employees in a department, an employee
may at his/her choice take a layoff rather than exercising his/her seniority to
displace a more junior employee. The employee taking this layoff will be subject
to recall in any department where there is a vacancy, providing he/she has the
skills and ability such that he/she could reasonably be expected to perform the
required work within a reasonable period of time. It is understood that each
recall will be considered on a case by case basis.
ARTICLE 9-LEAVE OFABSENCE
9.1
The Company agrees that in the event of a bereavement in the immediate family
of an employee, meaning wife, husband, son, daughter, father, mother, sister,
brother, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandmother,
grandfather, grandchildren, step-children, step-mother, and step-father to grant
three (3) scheduled working days in succession with pay to attend to funeral and
other duties.
It is understood that in order to be paid, these days must have otherwise been
days on which the employee would have normally worked at his/her regular
scheduled hours and regular hourly rate.
It is further agreed that an employee be entitled to one (1) day of funeral leave
with pay to attend the funeral in the event of bereavement of an aunt, uncle, or
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spouses grandparents or the employee’s son-in-law and/or daughter-in-law,
subject to the same conditions as immediate family. Upon mutual agreement
between the Company and employee, additional funeral leave without pay may
be granted continuous with the paid funeral leave.
In the event of a winter death and spring burial, one of the shifts may be taken
at the time of the burial.
Should the bereavement occur during an employee's vacation period or plant
holiday, the vacation period or Plant Holiday will be extended consecutively by
the appropriate number of vacation/holiday days.
Employees who are on bereavement leave will not be assigned to any overtime
work.
If requested by the Company, the employee may be required to provide proof of
death.
9.2
Employees shall be granted leave of absence without pay and without loss of
seniority up to a period of six (6) months (or longer period by mutual agreement)
when selected to serve in any capacity of official union business. This shall not
exceed more than two employees at any one time. No more than three (3)
employees shall be granted leave of absence without pay and without loss of
seniority to attend labour conventions and conferences. It is understood that no
leave of absence, other then leaves of absence for Union business, conventions
or conferences, will be granted until all of the employee’s vacation and floater
days are used.
An employee who wishes a leave of absence for legitimate personal reasons
shall make such request in writing to his/her department manager at least seven
(7) days (longer if possible) to proposed commencement day of such leave of
absence. The employee’s request shall contain:
a)
b)
c)
his/her reasons for the proposed leave of absence;
the commencement date of the proposed leave of absence;
the length of the proposed leave of absence.
Notwithstanding, a leave of absence in excess of thirty (30) days will not be
granted until a request for same is submitted in writing to both the Union and
Company and mutually agreed upon.
The department manager and the Union’s permission for a leave of absence
shall not be unreasonably withheld.
9.3
Any unauthorized absence from work shall be considered as “absence without
leave” and an employee “absent without leave” may be appropriately dealt with
by Management.
9.4
An employee who loses his/her driver’s or journeyman’s license and thereby is
unable to perform his/her work, shall be given a leave of absence without pay.
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The Union and the Company will meet to discuss the movement to alternate
work, but no other employee shall be laid off as a result of any such movement.
If an employee fulfills the role of temporary help, all conditions of Article 8.5 will
apply.
9.5
When an employee is called for jury duty or is subpoenaed as a witness on any
normal working day, the Company agrees to pay the employee eight (8) hours
pay at the employee’s regular rate of pay, provided that as a result of the
absence, the employee loses part or all of his/her regular days pay.
ARTICLE 10- HOURS OF WORK
This article is intended only to provide a basis for calculating time worked and
shall not be construed as a guarantee of hours to be worked per day or days to
be worked per week. The application of this article as it relates to overtime
requirements, determining the need for coverage of open shifts and determining
if overtime is needed remains solely with the Company.
10.1
The workweek shall be Sunday midnight to Sunday midnight for payroll
purposes. Employees unable to report for the commencement of their shift will
advise the supervisor on duty as soon as possible before shift start time so
arrangements can be made. Failure on the part of the employee to notify the
management of his/her absence will subject the employee to disciplinary action.
The company may require the junior most employee on shift who is qualified to
stay over until other arrangements can be made.
10.2
Hours of Work:
The Moorefield Facility will operate on a three shift eight hour, Monday to Friday or Tuesday to
Saturday schedule as follows:
a)
Plant Services, Production, Environmental, General Labour
Day shift
0700 hours to 1500 hours
Afternoon shift
1500 hours to 2300 hours
Night shift
2300 hours to 0700 hours
b)
Trucking
The workday shall consist of eight (8) hours.
c)
Electricians
Monday to Friday
07:00 hours to 15:00 hours
Monday
10:00 hours to 18:00 hours
d)
Garage
Day shift
0700 hours to 1500 hours
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Afternoon shift
Night shift
1500 hours to 2300 hours
2300 hours to 0700 hours
The afternoon shift for Garage Employees will be 1400 hours to 2200 hours on
Friday. These shifts may be altered by mutual agreement with the Union.
10.3
Shift workers will be allowed to leave early if a replacement is willing to cover for
that employee. It is understood that equipment must not be left unattended at
these shift changes.
Rest Period and Lunch Periods:
Employees shall be entitled to two (2) paid rest periods of fifteen (15) minutes
each and a paid lunch period of thirty (30) minutes during a normal shift.
10.4
10.5
a)
Overtime Premium: All hours worked in excess of forty (40)
regularly scheduled hours per week and those hours worked between
1500 hours and 2300 hours on Saturday shall be considered overtime
hours and paid a rate of one and one-half (1.5) times the regular rate.
Hours worked by an employee on a paid holiday as defined in Article 13
and bereavement as defined in Article 9.1 shall be included as regularly
scheduled hours for the purpose of this Article.
b)
Overtime Premium will be paid at two (2) times the employee’s regular
rate of pay for all hours worked:
- On Plant Holidays
- After 23:00hours on Saturdays until 23:00 hours on Sunday
- When an employee observes a statutory holiday on his next working
day.
When the Company has overtime work to be performed, such work shall be
allocated on a voluntary basis to qualified personnel in order of their seniority.
Should no employee voluntarily accept the offering, the company may assign the
most readily available employee within the department with the least Company
Seniority to remain at work until other arrangements can be made. In such
cases, the Company will pursue all practicable efforts to replace an employee
who has been assigned to work overtime.
a)
Trucking department - excepting overtime arising directly from a bid run,
first, to the senior driver who has worked less than nine (9) hours in a day
and/or less than an average over the past two (2) weeks of 50 hours per
week. Secondly, to the next senior qualified driver.
All extra runs will be scheduled as follows; initially, to drivers whose bid
run has been completely eliminated for the day, secondly, to the driver
not having eight (8) hours work, thirdly, to spare drivers in order of
seniority and subject to their preference on a day to day basis.
b)
Garage and Plant Services - according to an overtime roster which,
initially, shall be the seniority list to be revised by those who in turn are
15
placed at the bottom of the list after having accepted or declined overtime
opportunities.
Separate Overtime Rosters and Job Classification for Electrical and
Mechanical within one Plant Services Department.
c)
d)
All other Departments
i.
for overtime during regularly scheduled shifts, employees who
are working on the shift immediately prior to or immediately after
the overtime opportunity who normally perform the required
work will be given the first opportunity for the overtime. The
overtime will be shared between the two available employees.
ii.
If the employees who normally perform the required work as
defined in section (i), are not available then the overtime will be
offered to employees who are qualified to perform the work,
within the department, by seniority, who are on the shift
immediately prior to or immediately after the overtime
opportunity. The overtime will be shared between the two
available employees.
iii.
If overtime coverage is required beyond the regularly scheduled
shift the overtime will be offered on the basis of departmental
seniority. From Saturday at 3:00 p.m. through to Monday at 3:00
p.m. overtime opportunities that are designated as nonoperating may be scheduled as required.
When it is necessary to go outside of a department to obtain overtime
coverage, the basis shall be
1)
qualifications
2)
seniority
Any employee wishing to perform overtime work in another department must
advise the appropriate department manager of this point and have his/her
qualifications verified. An employee who qualifies within a department and does
not perform work in the department for a period of 12 months will have to reestablish his/her qualifications. Employees wishing to obtain initial qualification
for other departments must do so on their own time and at their own expense.
e)
When an employee has accumulated fifty-two (52) hours in a week, that
employee will not be eligible for overtime outside of their department until
all other eligible employees have been offered the work.
10.6
An employee who reports for work unless previously notified by the Company not
to report for work, shall be guaranteed four (4) hours pay at his/her regular hourly
rate.
10.7
Employees required to work overtime, and who have not had previous
16
notification of eight hours or more prior to the start of the overtime shift, shall be
provided with a meal voucher after two (2) hours overtime and each additional
four (4) hours overtime worked with a coffee break prior to starting of overtime.
The value of the meal voucher not to exceed eight dollars. ($8.00)*
NOTE: (* does not include highway drivers)
10.8
a)
There shall be a minimum of eight (8) hours rest after working sixteen
(16) or more continuous hours and the Company shall have discretion on the
next day’s starting time if a change is required to accommodate this eight (8)
hours
rest.
b)
Employees shall not normally work beyond twelve (12) hours in any
consecutive
twenty-four
(24)
hour
period.
c)
If extenuating circumstances exist, and all other avenues have been
exhausted, employees may be asked to work beyond sixteen (16) hours.
d)
Non-driving employees observing holiday/Statutory days will be offered
work before an employee works past sixteen (16) hours and before the Company
would offer the work outside of the department.
e)Where regulations stipulate otherwise, the regulations shall take precedent.
10.9
10.10
a)
A non-driving employee called in to work at a time outside of his/her
scheduled shift shall be guaranteed four (4) hours pay and shall be paid
overtime for all hours worked outside his/her scheduled shift paid at the
overtime premium rate of one and one half (1 ½) times the employees
normal rate of pay, except after 23:00 hours on Saturdays and Plant
Holidays when the employee will be paid an overtime premium of two (2)
times the employee’s normal rate of pay.
b)
All drivers called in to work more than four (4) hours prior to his/her
scheduled start time shall be paid overtime for all hours worked prior to
the start of their scheduled shift.
c)
A non-driving employee who has worked his/her scheduled 8 hour shift
and is asked to stay after his/her scheduled shift, will be paid at a rate of
one and half (1 ½) time the employees normal rate of pay for any hours
worked over their 8 hour shift.
Should the Company change an employee’s regularly scheduled shift (except by
mutual agreement) without providing 72 hours notice, the employee will be paid
overtime for the first shift worked on the changed schedule.
17
ARTICLE 11 - UNIFORMS and COVERALLS OR CLOTHING
11.1
11.2
The company will provide to all employees the following clothing:
a)
Drivers:
The Company will provide and replace as necessary five (5) shirts, two
(2) jack-shirts, five (5) trousers, one (1) winter jacket /coats or one (1) pair
insulated coveralls and two (2) overall coats as driver’s uniforms. It is the
responsibility of the employee to maintain his/her uniforms in a clean and
neat appearance.
b)
Garage:
The Company will provide, maintain and replace when necessary ten (10)
sets of coveralls plus five (5) shirts and five (5) pairs of pants. The
Company will also provide, maintain and replace as necessary one (1)
winter jacket and one (1) pair of insulated coveralls.
c)
All others:
i)
The Company will provide, maintain and replace as necessary
eight (8) sets of work-clothes.
Employees may select a
combination of shirts and pants or coveralls at the time of
ordering.
ii)
The Company will provide, maintain and replace as necessary the
choice of one (1) winter parka or one (1) vest and one (1) pair of
insulated coveralls to each employee of Plant Services
Department and Environmental Department and for Production
Department as agreed between the parties.
iii)
The Company will provide, maintain and replace as necessary two
(2) winter jackets or two (2) pair of insulated coveralls for
Yardmen and Truck Washers who are cleared for the road will be
provided with two (2) shirts, one (1) jack-shirt, and two (2) pair of
trousers.
Employees who are required to clean out grease tanks or pits shall be supplied
with suitable rubber suits.
ARTICLE 12- BULLETIN BOARDS
12.1
The Company will supply and install bulletin boards or provide clearly delineated
space on existing bulletin boards in the plant for use by the Union for posting
notices with respect to Union activities.
Such bulletin boards will be provided in convenient locations in the plant and the
drivers’ time clock area.
18
The Union agrees to post only factual notices, reports, and announcements
pertaining to Union meetings and Union business. The Union further agrees
that nothing contrary to the interests of the Company or in contravention of the
spirit and intent of this Agreement shall be posted.
It is further understood that the bulletin boards remain the property of the
Company and therefore final discretion of the info posted is that of management.
In addition, anything posted on the bulletin board must be initialed by a member
of the Union executive
ARTICLE 13- PAID HOLIDAYS
13.l
a)
The following paid holidays, regardless of when they fall, will be granted
to all employees with pay after they have completed their probationary
period. Employees must be available to work their regularly scheduled
shift before and after a statutory holiday. Work performed on Statutory
Holidays will be paid at a rate of two (2) times the employee’s regular
hourly rate of pay and is to be treated as voluntary overtime and allocated
as set out in Article 10.4.
New Year’s Day
Civic Holiday
Labour Day
Good Friday
Thanksgiving Day
Victoria Day
Christmas Day
Canada Day
Boxing Day
Floaters (4)
Production
Two week’s notice for not less than one (1) employee from the same shift
in the same department. If openings still remain, floaters may be granted
on shorter notice. Such requests will not be unreasonably withheld.
All Other Departments
a)
One week’s notice for not more than two (2) employees from the
same department on that day. Floaters not used or scheduled by
October lst will be scheduled at the Company’s discretion during
the balance of the calendar year.
b)
Employees with less than one (1) year of service with the
Company shall receive one floater for each three (3) months of
completed employment in the current calendar year.
c)
All floaters/one – day holidays will be observed for a twenty-four
hour period, starting at the first hour of the Employee’s scheduled
19
Floater/One-day Holiday. An employee on his/her floater/one-day
holiday will not be eligible for overtime during this period.
13.2
The basis of payment for each paid holiday shall be eight (8) hours at regular
rate.
13.3
Should a paid holiday fall during an employee’s vacation, he/she will observe an
additional day of vacation with pay continuous with his/her vacation.
13.4
Should a paid statutory holiday fall on an employee’s scheduled day off of his/her
scheduled workweek, employees may choose a day before or after the holiday,
where mutually agreeable.
13.5
a)
On a holiday the employee who normally performs the job will be asked
to work on that holiday if an employee is required for that job. For the purpose of
Plant Services, Environmental Departments and the Production Department, the
rotating shift employee who normally performs the job will be asked to work if an
employee is required for that job.
b)
In the event the employee who normally performs the work declines,
overtime will revert to article 10.5 c) ii).
ARTICLE 14- VACATIONS
14.1
a)
If an employee is hired prior to July 1st, he/she will be entitled to one week
of vacation to be taken during the current calendar year after completion
of 6 months of service.
b)
All employees who have completed one (1) to four (4) years of
employment shall be entitled to two (2) weeks vacation with pay.
c)
All employees who will complete five (5) years of employment shall be
entitled to three (3) weeks of vacation with pay within the calendar year.
d)
All employees who will complete ten (10) years of employment shall be
entitled to four (4) weeks of vacation with pay within the calendar year.
e)
All employees who will complete twenty (20) years of employment shall
be entitled to five (5) weeks of vacation with pay within the calendar year.
Employees hired as of June 30, 2001 shall receive their fifth (5th) and sixth (6th)
vacation week entitlement after fifteen (15) and twenty (20) years
notwithstanding the new schedule.
14.2
The vacation pay shall be two percent (2%) of gross earnings for each week of
vacation entitlement; or one week’s pay, based on the employee’s base rate at
20
January 1st of the current year multiplied by his/her regular hours (not to exceed
forty (40) hours) for each week of vacation entitlement whichever is greater. The
two percent (2%) of gross earnings is calculated on the basis of the earnings
during the most recently completed calendar year. The Company will provide
one day’s pay for each two (2) weeks of vacation taken between January 1st and
April 30th.
a)
The choice of vacation shall be in accordance with Company seniority.
The Company shall post a vacation list at November 1st of each year until
December 31st and employees should designate their choice of vacation
period at that time. Should the employee fail to indicate their choice of
vacation period by December 31st, such vacation time shall be designated
by Management.
b)
Each employee of the Fleet Operations division will be afforded the
opportunity to schedule one (1) week of vacation between the 1st of July
and the 1st of September, or the nine week period nearest these dates,
before any other vacation time is scheduled.
All other departments will be afforded the opportunity to schedule one (1)
week of vacation in the calendar year before any other vacation time is
scheduled. The company reserves the right to determine the number of
employees per department permitted off each week for vacation. This
vacation period will be indicated on the vacation schedule posted at
November 1st.
Should the employee fail to indicate their choice of vacation period by
January 31st, such vacation time shall be designated by Management.
c)
Employees will be permitted to schedule two (2) weeks of vacation into
one (1) day vacations. Vacations will be scheduled first by whole weeks,
then by days. Senior employees may not use part weeks or days to bump
the full week of a junior employee. Any remaining unscheduled weeks or
days will be scheduled on a first come first serve basis. The employer
shall notify by a prior posting that the Company will utilize Article 14.2 (e).
d)
Part weeks or days cannot be used to bump a junior employee’s floater
days, which have been scheduled in accordance with Article 13.
e)
Vacation days or part weeks not used or scheduled by October 1st will be
scheduled at the Company’s discretion during the balance of the year.
f)
Millwright and Electrical trades, holiday’s will be considered separate and
apart for each trade.
g)
When an employee moves or re-schedules weeks of vacation, the
department supervisor will post the open weeks of vacation immediately.
Employees interested in these open weeks will notify their supervisor.
Any subsequent openings created by the posting will not be posted.
h)
For all departments, the Company agrees that the number of employees
21
permitted to be off on vacation at Christmas and during Prime Time may
be increased if coverage is available, through the current available
practices.
14.3
Vacation pay will be available on written request any time after February 1 st. At
least two weeks notice of requests for vacation pay is required. If an employee is
in their anniversary year where they gain an additional week of vacation, the
employee is not eligible for the vacation pay until their anniversary date has
passed.
14.4
Employees who sever or have their employment severed shall receive vacation
pay for all unused vacation in accordance with Article 14.2 in addition to two
percent (2%) of each week of vacation entitlement based on their earnings for
the current calendar year.
14.5
When an employee returns from a Short Term Disability/Long-term disability
leave, they must work 60 hours over the 30-day working period immediately
following his/her return in order to be eligible to accrue and receive further
vacation entitlement and payout beyond the first 36 months of absence
ARTICLE 15- HEALTH & WELFARE BENEFITS
15.1
The Company agrees to pay the full cost of premiums for the following benefits
on behalf of those employees covered by the terms of this Agreement and during
the life of the Agreement (after successful completion of the probationary period
as per Article 8.4):




O.H.I.P.
Major Medical
Annual Maximum for Drug Plan
Drug cards for generic drug plan
(prescription drugs only)
Eye Glass Benefit


Eye exams coverage
Prescription Safety Glasses
only)
Dental Plan
Weekly Indemnity Benefits (66-2/3% of employee’s regular wages for 26
weeks. Available first day accident or hospitalization, fourth day sickness.)
Notwithstanding the weekly/monthly maximums all other applications of the
policy apply.
Life Insurance
$83,000
Accidental Death & Dismemberment
$83,000.
Long Term Disability Benefit (60% of employee’s regular monthly earnings to
age 65) Notwithstanding the weekly/monthly maximums, all other
applications of the policy apply.





$10.00 - $20.00 deductible
$30,000
$10.00-single
$20.00-family deductible
$200.00 every 24 months;
$225.00 every 24 months
effective June 1, 2014
$100.00 every 24 months
$275.00 every 24 months (employee
22



Company is committed to accommodate workers with disabilities due to nonworkplace compensational injury illnesses similar to WSIB legislation.
Employees who are on LTD will be covered by applicable A.D.&D., Life
Insurance, Dental, Extended Health Benefits and Vision until they are no
longer covered by the L.T.D. Carrier.
The company also agrees to offer Optional Life Insurance and Optional
Spousal Insurance at the cost of the employee. Optional insurance is
purchased in units of $10,000 to a maximum of $200,000.
The above is an outline of what coverage is available; please check your benefit
booklet for details of these and other benefits.
15.1
b)
The company will reimburse the employee for the cost of examinations,
notes or any other cost the employee assumes at the request of the company to
a maximum of sixty-five ($65).
15.2
The Company agrees to continue during the term of this Agreement the
Company Pension Plan, as per plan text. Copy of the official plan document shall
be provided to the Union.
Effective the date of ratification all new employees, upon eligibility, will participate
in a defined contribution plan 3% employer 3% employee contributions.
15.3
The Company will reimburse employees to a maximum of eighty-five ($85)
dollars per examination when an employee is required by law to take a medical
examination to maintain their license to perform work required by the Company.
ARTICLE 16 - RATES OF PAY
16.1
A shift premium shall be paid for the hours 1500 to 2300 (afternoon shift) and
2300 to 0700 (night shift).
Night Shift
$1.00
Afternoon Shift
$.80
Effective June 1, 2015 the night shift premium will increase to $1.05.
16.2
Lead hands will be paid a premium of fifty (50) cents per hour over the regular
rate of the highest person under his/her supervision. Seniority shall not govern in
the selection of lead hands.
16.3
Rates of pay according to attached Schedule A.
16.4
Truck Washers and Yard Shunters with Class AZ license who are cleared for the
road will receive AZ Driver rate when assigned to drive.
16.5
The Company will ensure payroll direct deposit is available with the option of
23
depositing into a maximum of two accounts.
Effective January 1, 2012 all employees will be converted to a direct deposit
method of payment.
16.6
The Company will reimburse employees required to supply their own tools on the
job the following maximums annually to June 1st and no carry over shall be
allowed unless approved by management.
•
•
•
•
Millwright,
$520
Electrician,
$490
Plumber,
$520
Licensed Garage Mechanics, $520
Reimbursement will be upon presentation of receipts. Receipts should be
accumulated until request for reimbursement totals at least $25.00. This is a
taxable benefit.
Employees with less than 12 months of service prior to June 1st, will be entitled to
a pro-rated tool allowance based on the number of completed month(s) of
service accrued in the first year up to May 31st, to the annual maximums stated
above.
16.7
When the plant or a department is closed down and the Company is unable to
offer other employment to the employees who are permanently displaced, a
separation payment will be paid to each employee with more than one year of
service on the basis of one week’s pay for each complete year of service.
Severance payment is subject to the following conditions:
a)
The employee is actively employed by the Company or is carried on the
lay-off list.
b)
Employees who are off sick or receiving Worker’s Compensation but
continue to hold seniority, will be eligible.
c)
No employee will be granted a severance payment totaling more than
he/she would have earned at his/her straight time rate of pay from the
date of his/her layoff until his/her normal retirement date.
d)
The closing of the plant does not result from strike.
e)
The employee continues to work for the Company in a satisfactory
manner for as long as his/her services are required.
f)
The employee provides the employer at least two weeks notice before the
employee self-terminates his/her employment.
It is understood that receipt of separation payment cancels seniority. If later
rehired, no repayment of the separation payment will be required or allowed and
24
seniority will not be reinstated.
16.8
The Company shall show the yearly union monthly dues deductions on
employee’s T-4 slips.
16.9
Employees who are temporarily transferred by the Company:
16.10
a)
to a higher rated pay job shall receive the higher rate of pay.
b)
to a lower rated pay job shall receive their regular rate of pay.
Any errors on an employee’s pay will be corrected and remitted to the employee
within a maximum of three work days for the date of notification at no expense to
the employee.
ARTICLE 17- OCCUPATIONAL HEALTH & SAFETY
17.1
It is the intention of the parties hereto that no employees shall be required to
work under conditions which are unsafe or unhealthy, therefore:
i)
The Company and the Union agree to endorse and comply with the
Occupational Health & Safety Act, 1990, together with any other
applicable Health and Safety Legislation and the respective regulations,
however, it is recognized that the terms of the legislation and regulations
are governed by law and review any grievance under this section through
the arbitration process will be limited to consideration of collective
agreement violations.
ii)
The Company shall make all necessary and reasonable provisions for the
safety and health of its employees during the hours of their employment
and shall provide protective equipment and other safety devices in
accordance with the foregoing legislation, its present practices and as
may be deemed appropriate through consultation by the parties.
iii)
The Company and the Union shall appoint an equal number of
representatives to a Health and Safety Committee which shall advise the
Company and the Union on problems relating to health and safety of the
employees. It is the responsibility of the employees and the Health &
Safety Committee to report promptly in writing to the Company all defects
in equipment. It shall be the duty and responsibility of the Company to
repair such.
iv)
The parties mutually recognize their obligation to work cooperatively in
the development and maintenance of safe and healthy working
conditions, and to support the Joint Health & Safety Committee in fulfilling
its responsibilities and goals.
v)
The Company shall conduct periodic on-site air sampling and noise
25
testing programs by qualified personnel with recognized Government
approval equipment. The results of the testing and sampling will be
supplied to the Joint Health & Safety Committee.
vi)
17.2
17.3
The Company shall conduct periodic hearing loss testing programs, using
qualified personnel and with recognized government approved
equipment. The results of the testing will only be available to the Joint
Health and Safety Committee on a summary basis which will not contain
reference to any employee. All employees will participate in these tests
where required.
The Company agrees to provide clean and sanitary facilities in respect to
lunchrooms and washrooms, and the employees agree to keep these facilities in
proper condition. The Company will maintain plant clothing (Article 11) by
purchasing the necessary equipment and hiring an employee for that purpose.
Spare time of that employee will be used to provide additional janitorial service.
Truck cabs to be maintained in a clean and neat condition. To this end, periodic
inspections will be held and employees responsible for below standard truck
cabs will be subject to discipline.
If an employee is required to wear safety footwear by the Company or any other
governing body, the Company will provide and replace upon receipt of the worn
out shoes, the safety footwear selected by the employee. It is agreed, the Joint
Health and Safety Committee will decide upon the styles of boots to be available
for selection. All safety footwear must be C.S.A. approved green patch. Any
variations to the above will be left to the Joint Health and Safety Committee for
resolution. The Company will arrange for an on-site vendor to supply safety
boots.
ARTICLE 18- PERFORMANCE OF BARGAINING UNIT WORK
The Company shall not contract out bargaining unit work unless the following
conditions have been met:
18.01
MAINTENANCE, GARAGE AND PRODUCTION
So far as practicable with the work force available, normal maintenance, repair
and production work which has been done regularly by the Company’s own
employees will continue to be done by such employees.
If it becomes necessary to contract out work as provided for above, the Company
agrees to give a written notification of the reasons for such contracting out to a
designated representative of the Union, prior to the work being performed. The
Company will normally provide 3 days notice for contracts involving more than 5
outside workers. If time does not permit, the Company shall notify a Union
26
official and follow with a written notice. In the notification, the Company will give
the name of the contractor, the approximate number of personnel involved, the
approximate duration and the work to be performed.
The Company will not cause an employee to be laid off, have their regularly
scheduled hours of work reduced, demoted, terminated or transferred by bringing
in outside contractors to perform normal maintenance repair or production work
on the plant premises.
18.02
COMPANY DRIVERS
The Company will offer dispatches to Company Drivers until they have
accumulated 52 hours in the current week prior to the commencement of the
dispatch.
The Company will not cause a Company Driver to be laid off, have their regularly
scheduled hours of work reduced, demoted, terminated or transferred by bringing
in Brokers or Driver Services to perform the available work.
If it becomes necessary to use Brokers or Driver Services as provided for above,
the Company agrees to give a written notification of the reasons for such
contracting out to a designated representative of the Union, prior to the work
being performed. The Company will normally provide 5 days notice for contracts
involving more than 3 Brokers or Driver Services. If time does not permit, the
Company shall notify a Union official and follow with a written notice. In the
notification, the Company will give the name of the contractor, the approximate
number of personnel involved, the approximate duration and the work to be
performed.
The Company and the Union acknowledged that, although the use of third party
carriers to haul raw material or finished product at the request of the customer or
supplier does not constitute contracting out, in such cases the Company shall
meet with representatives of the Union prior to the commencement of such work
to review any alternatives suggested by the Union which might assist in
convincing the customer to utilize bargaining unit members to perform such work.
ARTICLE 19- SUPERVISORS
19.1
All Supervisors and foremen shall be excluded from the bargaining unit and will
not perform any work which falls within the scope of this Agreement except in
emergencies for training, or to test equipment. If testing of equipment is required,
the
testing
will
be
completed
in
the
following
order:
1)
2)
A capable bargaining unit member currently on shift
A member of management on shift
27
3)
Management will await the next bargaining unit member on shift
or a bargaining unit member will be called in according to the
appropriate call-in list as per management discretion.
When supervisors and foremen are appointed, a notice to that effect will be
posted and maintained on a bulletin board.
The above paragraph shall in no way preclude an employee on a job outside the
bargaining units from performing part or all of a job within the bargaining unit in
order to learn, train or investigate, provided that the employee within the
bargaining unit is not displaced or assigned to another job. The supervisor of the
department concerned, shall inform the Steward of his department, or if the
Steward is not available, the employees affected before such action is taken.
Nothing in this clause shall be construed as permitting management to avoid the
need for re-appointing additional employees to a job where an increased
workload would be required.
19.2
A lead hand shall be defined as a person who may perform work and direct the
work of others. He/she shall not have the authority to hire, fire, suspend or
otherwise penalize other employees and he/she shall be a union member.
ARTICLE 20- TRUCKING and GARAGE DEPARTMENTS GENERAL
20.1
Spare Driver System: Spare runs will be allocated to spare drivers in order of
their seniority and in accordance to their preference on a day to day basis.
20.2
Job Bids: It is agreed between the Union and the Company that employees will
have the right to job bid, based on their qualifications and seniority, on an annual
basis as follows:
a)
Garage: Shift preference will be bid by journeymen mechanics every
three (3) months on January 1st, April 1st, July 1st, and October 1st on the
basis of departmental seniority. Apprentice mechanics will rotate shifts
weekly until successfully completing the training program. No more than
one apprentice mechanic will be scheduled to work on any one shift.
b)
Driving Division job categories and work opportunity procedures are
defined in Article 10.5 a), which may be amended as necessary by
agreement of the parties. Such jobs shall be bid on an annual basis or in
the event of a change which warrants re-bidding, based on employee
qualifications and departmental seniority.
In an effort to provide efficiency in bid run jobs, the Union & the Company
will meet to discuss and review job runs in an effort to jointly develop runs
that are efficient to the operations.
The Company reserves the right to adjust runs as necessary. It is further
understood that management reserves the right of final discretion of
28
determining bids.
Such categories include five (5) day drivers, four (4) day drivers, spare drivers,
yard shunters and truck washers.
ARTICLE 21 - SNOW REMOVAL
21.1
Due to change in business conditions, the Company and the Union agree to the
following process in addressing what classification will be used in sequence for
the work of snow removal.
1.
Those employees in the Spare Operator classification who are not being
used as relief.
2.
Those employees within the Feather Operator classification who are not
being utilized.
3.
Overtime call in procedure.
ARTICLE 22 - C.O.LA.
22.1
During the first year of the Agreement if the C.P.I. (1986 Index) exceeds 5% over
the June 2013 figure, the excess will be applied on an equal percentage basis to
hourly contract rates. The amount will be calculated month by month and any
increase will be paid in the second cheque following release of the C.P.I. figure.
The amount paid will include retro-activity to the start of the pay period following
the release of the figures. Any float will be folded in quarterly and prior to
contract anniversary date. It is understood that any increase generated by the
C.O.L.A. formula will be used to increase contract rate and reduce red circle
rates.
During the second year of the Agreement if C.P.I. (1986 Index) exceeds 5% over
the June 2014 figure, the excess will be handled in the same manner described
for the first year of the Agreement.
During the third year of the Agreement if C.P.I. (1986 Index) exceeds 5% over
the June 2015 figure, the excess will be handled in the same manner described
for the first year of the agreement.
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ARTICLE 23 - DURATION
23.1
The Agreement shall be for a period from the date of ratification until May 31,
2016 and shall automatically be renewed for annual periods of one (1) year
unless a notice of termination or amendment is given by either party to the other
in writing at least sixty (60) days before the expiry date of the Agreement.
SIGNED this 10th, day of July, 2013.
FOR THE UNION
FOR THE COMPANY
Wayne McTaggart
Carol Fraser
Larry Wade
Steve MacDougall
Jonathan Faulkner
Kevin Hale
Scott Henry
John Caudle
Kyle Roes
Melanie Skrypec
Marcin Krzyzanowksi
Ken Johnston
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SCHEDULE A- WAGE RATE SCHEDULE
Fleet Operations
June 1/13*
June 1/14*
June 1/15*
AZ Licensed Drivers
DZ Licensed Drivers
Yard Shunter
$24.93
$24.72
$24.25
$25.38
$25.17
$24.70
$25.83
$25.62
$25.15
$23.32
$23.77
$24.22
$24.18
$24.29
$24.44
$24.55
$24.63
$24.74
$24.89
$25.00
$25.08
$25.19
$25.34
$25.45
$24.76
$25.21
$25.66
Other Wage Rates
June 1/13*
June 1/14*
June 1/15*
Licensed Trades
Environmental Operator
General Labour
Janitor
Stores
Temporary Help
Temporary Operator
$29.62
$25.63**
$22.99
$23.72
$25.13
$16.15
$18.15
$30.07
$26.08**
$23.44
$24.17
$25.58
$16.15
$18.15
$30.52
$26.53**
$23.89
$24.62
$26.03
$16.15
$18.15
Production
start rate
Qualified to Operate
-1 system
-2 systems
-3 systems
-4 systems
-spare operator
Apprentice rates as per JAC
*All increases with an effective date of June 1 are for full time permanent active employees
**A premium of $0.50 will be paid to Environmental Operators who have successfully completed
the Operator in Training (OIT) exam.
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SCHEDULE A1 - DEPARTMENTS
1. Trucking
2. Garage
Store
3. Environmental
4. Production
5. Plant Services*
Stores
6. General Labour
Janitor
Temporary Help
*Plant services to include one licensed plumber. Plumber assumes the duties and schedule of
millwrights.
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JANITORIAL COVERAGE
The Company and the Union agree that for the purposes of providing Janitorial coverage for
vacation, floaters and illness the following will apply:
It is understood that the use of a production spare operator will not entitle nor give entitlement
for the coverage of spares to vacancies in other departments.
During the periods when students are available they will be used for janitorial coverage.
For periods outside student time frames, the production spare operator when available can be
used for janitorial coverage for the above mentioned vacancies which occur on the janitor’s
regular scheduled hours Monday to Friday 0700 to 1500.
If no production spares are available, the vacancy will be filled by using the qualified janitor call
in list, by seniority.
Production spares when assigned to janitor coverage will not be assigned to production duties
during the same time frame.
The janitor call in list will be used for weekend coverage when the janitor is unavailable.
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Joint Apprenticeship Program- Schedule B
1. The JAC will consist of 2 Management representatives and 2 Union representatives
2. An applicant must have a Grade 12 diploma or equivalent.
3. Previous experience and personal skills reviewed by JAC.
4. Employees who currently hold a Certificate of Qualification in any of the 4 classifications will
not be eligible as an apprentice.
5. The company is to retain the services of an outside agency to conduct aptitude testing and
score at the employer’s expense. If the aptitude test is to be conducted on site, employees
who come in off shift to write the test will do so on their own time. In the event that an
aptitude test is conducted off site, this will be done on the employees time and travel
expenses will not be reimbursed.
6. The candidates will be evaluated by Human Resources taking into consideration their
attendance, health and safety record and past performance.
7. The Candidates will have to perform an onsite practical test as designed by the JAC.
8. Each applicant must achieve a minimum score of 60% in each of #5, and #7and have an
acceptable evaluation of #6 to be considered for the apprenticeship. Applicants scoring
greater than an average of 80% in both criteria will be considered equivalent and, the most
senior applicant will be awarded the apprenticeship.
9. If the JAC or the employee deem that it would be in the best interest of the employee to
discontinue in the apprenticeship program, they may return to their former position but must
do so within 6 months of being accepted into the program and before the employee begins
school. Regular bumping procedure would apply.
10. The JAC will determine a basic tool kit that will be required until the apprentice has
completed their 2nd school term. After this period, the company will provide an allowance for
additional tools as per the collective agreement.
11. The Company will pay for tuition and books for the apprentice.
12. The Company will top up the weekly pay after EI benefits to 40 hours at present rates if
applicable.
13. The JAC will work with the employee and the Apprenticeship Branch to ensure he/she
received the training required.
14. When the apprentice has completed their second school term, they will be added to the
regular roster and back shift coverage based on approval by the JAC.
15. Time from work to write Government tests will be paid at straight time. Test rewrites will not
be paid.
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16. For the purpose of reductions within Plant Services and Fleet Maintenance, seniority within
that classification will be recognized before plant seniority. After which Article 8 of the
collective agreement will be applied.
17. Wage scale for Apprenticeship will be as follows:
Up to 2000 hours 75% of trade rate
Up to 4000 hours 80% of trade rate
Up to 6000 hours 85% of trade rate
Up to 8000 hours 90% of trade rate
8000 hours until certification 95% of trade rate
This document will replace the current Maintenance Training Program
Maintain Satisfactory Performance
Present employees who apply for and qualify for acceptance into the Apprenticeship Program
and who fail to maintain satisfactory levels of performance will be returned to the Job
Classification held by them at the time of entering the Program and be paid the appropriate rate
of pay applicable thereto.
Any employee who enters the Apprenticeship Program who have completed their probationary
period and who fail to maintain a satisfactory level of performance or request to be removed
from the Program will, if maintained in employment, be assigned to the Job Classification of
Labourer and paid the appropriate rate.
Determination of Number of Apprentices
The determination of the number of apprentices in any given trade shall be determined by the
Company subject to the appropriate Government Regulations.
The number of apprentices allowed to attend a college of applied arts and technology at any
one time, shall be determined by the Company.
All apprentices shall be registered under the Apprenticeship and Tradesmen’s Qualifications Act
of the Government of Ontario.
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LETTER OF UNDERSTANDING #1
ROTHSAY - A Division of Darling International Canada Inc.
-andUNIFOR Local 39-X
The parties agree this letter of understanding will remain in effect during the term of this
Collective Agreement.
As of the date of resolution of this memorandum, the Company has no intention of eliminating
existing runs. If valid business reasons lead the Company to make a reduction to existing runs,
the Company agrees to meet with the Union executive to discuss such actions and possible
solutions to address any negative impact.
SIGNED this 10th day of July, 2013.
FOR THE UNION
FOR THE COMPANY
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LETTER OF UNDERSTANDING #2
ROTHSAY - A Division of Darling International Canada Inc.
-andUNIFOR Local 39-X
The parties agree this letter of understanding will remain in effect during the term of this
Collective Agreement.
Saturday morning maintenance shift will continue to be covered by way of the current practice
of using the overtime roster.
The garage mechanics regular workweek will be Monday to Friday.
SIGNED this 10th day of July, 2013.
FOR THE UNION
FOR THE COMPANY
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LETTER OF UNDERSTANDING #3
ROTHSAY - A Division of Darling International Canada Inc.
-andUNIFOR Local 39-X
The parties agree this letter of understanding will remain in effect during the term of this
Collective Agreement.
Should an employee wish to enroll in a course or program outside of the workplace, the
Company will not unreasonably deny such a request if the following criteria have been met:
a)
Approval is requested and granted prior to enrolment.
b)
It is the employee’s responsibility to arrange to exchange shifts with another
employee. Confirmation of which must be submitted to the Company in writing
signed by all affected employees.
c)
In the event that arrangements between parties involved can no longer be fulfilled it
is the requesting employees responsibility to find alternate coverage in accordance
with this Letter of Understanding. Should alternate coverage not be available the
employee must cover their shift (s).
d)
Shift coverage cannot result in additional costs to the Company.
SIGNED this 10th day of July, 2013.
FOR THE UNION
FOR THE COMPANY
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LETTER OF UNDERSTANDING #4
ROTHSAY - A Division of Darling International Canada Inc.
-andUNIFOR Local 39-X
The purpose of this letter is to communicate the agreement between the parties with regards to
the upgrades of the Waste Water Treatment System. Both Parties agree that the successful
commissioning of the WWTP upgrade is critical to the future success of the Moorefield facility.
In addition, the parties agree that due to the level of uncertainty around the impact of the
upgrades, both sides agree to meet and discuss any additional issues that may arise over and
above the following:
Current Environmental Operators:
1. Current Environmental Operators shall have a period of 6 months to successfully
complete their OIT testing.
2. In the event a current operator is unable or unwilling to successfully complete the OIT
training, they will have a one-time opportunity to exercise their seniority rights, as per
article 8.3.
3. Any vacancies resulting from point #2 shall be posted in accordance with the Collective
Bargaining agreement.
Discharge Season (as per Ministry of Environment Certificate of Approval)
1. During the water discharge season, the Company will require additional back-up
operators /interim employees working in the Waste Water Treatment Plant. The number
of additional employees required will be determined by the Company. The use of interim
employees will not negatively impact full time bargaining unit members’ hours of work or
rates of pay.
2. Back-up operators/ interim employees may be required prior to the discharge season for
the purpose of training.
3. In the event that bargaining unit members are filling back -up WWTP postings, the
subsequent vacancies will be filled with interim employees as required.
4. Article 8.5 a) During the period of discharge/ training, the Company may utilize interim
employees as required. This includes filling vacancies as a result of employees filling
back-up postings. The interim employees may be used immediately for filling vacancies
due to absent employees or for volume fluctuations.
Back-Up Operators
1. Back-up operator vacancies will be posted as per the current collective agreement,
article 8.11
and will be awarded to the senior applicant who possesses the
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skill, ability and qualifications to perform the required work. In addition, the back-up
waste water operators’ vacancies will be filled by interim postings, following the
procedures above (the 30 day working period will not be applicable to these postings).
Any employee hired into an interim vacancy will not acquire seniority and will not be
entitled to benefits or recall rights.
2. In the event there are no qualified WWTP operators after the back-up posting process,
the Company reserves the right to fill the vacancies as required.
3. Back-up operators shall revert to their previous job when they are not required in the
WWTP.
4. The qualifications for WWTP operators and back-up operators will be as determined by
the regulations. The Company commits to providing the required training in order for the
employees to meet the regulatory qualifications.
5. The WWTP operators shall receive an increase to their rate-of-pay of $0.50 effective
date of ratification and an additional $0.50 upon successful completion of the OIT test.
These increases are in addition to the general plant increases.
Shift Schedules
1. The shifts for Environmental operators will continue to be 8 hour shifts, however,
Management reserves the right to schedule Environmental employees outside of the
schedules determined in article 10.2 a).
2. In order to support an 8 hour shift schedule, there will be a rotational schedule of
mandatory overtime for all Environmental Operators. It is understood that
Environmental Operators will work the required mandatory shifts. In the event that the
Operator cannot work the scheduled overtime shift, the Operator must find a suitable,
qualified replacement that is willing to cover the shift for him/her.
SIGNED this 10th day of July, 2013.
FOR THE UNION
FOR THE COMPANY
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