Professional Documents
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ABC Automotive Inc Collective Agreement
ABC Automotive Inc Collective Agreement
ABC Automotive Inc Collective Agreement
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TABLE OF CONTENTS
Article 1 Purpose 4
Article 2 Recognition 4
Article 3 Management’s Rights 4
Article 4 Union Security 5
Article 5 Strikes & Lockouts 6
Article 6 General 7
Article 7 Representation 7
Article 8 Grievance Procedure 9
Article 9 Arbitration 10
Article 10 Discharge and Suspension Cases 11
Article 11 Discipline 11
Article 12 Seniority 11
Article 13 Layoff & Recall 13
Article 14 Posting of Jobs 14
Article 15 Temporary Transfer 15
Article 16 Leave of Absence 15
Article 17 Bulletin Board 16
Article 18 Hours of Work 16
Article 19 Overtime & Overtime Rates 17
Article 20 Shift Premium 18
Article 21 Breaks 18
Article 22 Reporting Allowance 18
Article 23 Call-Back Pay 18
Article 24 Injury Allowance 19
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Article 25 Jury Duty & Subpoenaed Witness 19
Article 26 Bereavement Pay 19
Article 27 Payment of Wages 20
Article 28 Paid Holidays 20
Article 29 Vacations 21
Article 30 Health and Welfare 23
Article 31 Classification & Wage Rates 23
Article 32 Duration 24
Article 33 Sickness due to Heat 24
Article 34 Paid Education Leave 24
Article 35 Health & Safety 25
Article 36 Substance Abuse 26
Letter of Understanding # 1 - Lunchroom, Washroom & First Aid 28
Letter of Understanding # 2 - Tuition Fees & Book Refund 29
Letter of Understanding # 3 – Parking 30
Letter of Understanding # 4 - Protective Clothing 31
Letter of Understanding # 5 – Moving Location 33
Letter of Understanding # 6 – National Day of Mourning 33
Letter of Understanding # 7 – New Employee Orientation 34
Letter of Understanding # 8 – Workplace Harassment 35
Letter of Understanding # 9 – Copy of Agreement 38
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ARTICLE 1 – PURPOSE
ARTICLE 2 - RECOGNITION
2.01 The Company recognizes the Union as the sole and exclusive
bargaining agent for all employees of the Company in Bigtown, Ontario,
save and except supervisors, persons above the rank of supervisor,
office, clerical, engineering, process technicians, sales staff and students
employed for the summer.
a) training employees
b) emergencies
c) process development, refinement and troubleshooting
The above exceptions shall not be used for the purpose of reducing any
bargaining unit employee’s regular hours of work.
2.03 The Company will supply the Union with a list of supervisors, and
will keep such list up to date at all times.
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- to operate and administer its affairs, to direct the working forces, to
plan, direct and control operations;
- to make, enforce, and alter, from time to time, rules and regulations
covering the operations which are to be observed by the employees
and a violation of which shall be among the reasons for discipline or
discharge subject to the grievance procedure (such rules and
regulations shall not be inconsistent with provisions of this agreement);
substantive changes in or additions to such rules and regulations will
be brought to the attention of and meaningfully discussed with the
plant committee prior to implementation thereof;
3.02 The provisions of clause 3.01 are subject to the express terms of this
collective
agreement.
3.03 The company agrees that it shall not undermine the rights conferred by this
collective agreement by unreasonably exercising the rights set out in clause 3.01
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ARTICLE 4 - UNION SECURITY
4.01 All employees shall become and remain members of the Union as
a condition of employment with the Company. Any employee who is hired
subsequent to the date of this Agreement shall become a Member of the
Union within thirty (30) days of his hiring and will be required to continue
to be a Member of the Union as a condition of his employment.
4.03 The Company shall provide the National Union and the Local Union
with an updated mailing list on a quarterly basis.
4.04 The Union agrees to indemnify and hold harmless the Company
against any and all liability which may arise by reason of the check-off by
the Company of Union initiation fees and dues from employees wages in
accordance with this Agreement.
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5.01 The parties hereto agree that there shall be no lockouts by the
company; no strikes, or other collective action which will stop or interfere
with production or operation of the plant by any employee or the union;
during the term of this agreement.
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ARTICLE 6 – GENERAL
ARTICLE 7 - REPRESENTATION
The Company further agrees to recognize the Shop Committee for the
purpose of representation or any other matters arising which concern the
bargaining unit.
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Each committee person shall have seniority with the Company at the time
of his or her appointment.
7.03 The Union recognizes and agrees that members of the Shop
Committee have regular duties to perform in connection with their
employment and that only such reasonable time as is necessary will be
taken by such person during working hours to investigate and deal with
grievances.
7.04 Before leaving his regular work to investigate and deal with a
complaint or grievance, a Committeeperson or Steward shall obtain the
permission from the supervisor and such permission will be granted as
soon as reasonably possible but not later than one hour of the request.
The Committeeperson or steward shall report to his supervisor on his
return.
In the event that Management meets with an employee(s) for the purpose
of imposing a written warning, suspension or discharge, a
Committeeperson or steward shall be included in this meeting.
7.05
a) In accordance with this understanding, the Company will compensate
such Committeeperson or steward for the time spent during their
regular working hours in dealing with grievances at their regular rate of
pay.
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negotiating meetings with the Company to a maximum of
eight (8) hours per day of meetings.
7.06 The Union agrees to supply the Company with the names of the
Shop Committee and Stewards, and to keep such list up-to-date at all
times.
7.07 The Shop Committee and the Company representative shall meet
providing there is business for their joint consideration at such times as
may be mutually agreed upon. A request for a meeting will be indicated
by a letter or note from either party to the other party containing an
agenda of subjects to be discussed.
8.01 Any complaint arising between the employees and the Company,
shall be considered as a grievance and shall be dealt with as speedily and
effectively as possible, in accordance with the following procedure:
8.02 STEP 1
Any employee having a grievance shall first take the matter up with his
supervisor. If no satisfaction is received within twenty-four (24) hours, the
grievance shall then be submitted in writing by the Committeeperson or
Steward not later than the second working day next following the day
upon which the employee received the response from the supervisor. The
supervisor shall respond in writing to the grievance committee within three
(3) working days.
8.03 STEP 2
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to the plant manager. Management's decision on the grievance shall be
given in writing within four (4) working days following the conference, and
if the decision be still unsatisfactory to the employee, the grievance may
be submitted to arbitration in accordance with 9:01.
8.04 The agenda for the conference provided in Step 2 above shall be
supplied by the Chairperson of the Committee to Management at least
twenty-four (24) hours before the conference at which the appeals
thereon are listed for discussion.
Any allegation by either the Union or the Company that the other
party has violated or misinterpreted this Agreement may be lodged in
writing as a policy grievance, if by the Union to Management and if by the
Company to the Chairperson of the Committee.
ARTICLE 9 - ARBITRATION
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working days after the receipt by Management of the notice of appeal
then either party may within a further ten (10) working days request the
Minister of Labour to designate an arbitrator within the aforesaid further
ten (10) working days. The decision of the arbitrator shall be final and
binding on both parties. The cost of the arbitrator shall be shared equally
by the Company and the Union.
9.02 The arbitrator shall not have the jurisdiction to alter or change any
of the provisions of this Agreement, or to substitute any new provisions in
lieu thereof, nor to give any decision inconsistent with the terms and
provisions of this Agreement, or to deal with any matter not covered by
this Agreement. The arbitrator, however, in respect of a grievance
involving a penalty shall be entitled to modify such penalty.
ARTICLE 11 - DISCIPLINE
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(a) Unless a notice of such notation is given within a reasonable time,
not in any event to exceed three (3) working days after the later of
the occurrence or when the company became aware of the
occurrence, providing the employee is at work in the plant, such
derogatory notation shall not thereafter be used for the purpose of
taking disciplinary action against the employee.
ARTICLE 12 - SENIORITY
12.01 (a) New hires shall be considered probationary until they have completed a
total of sixty (60) days actually worked within a twelve (12) consecutive month period,
after which they shall be assigned a seniority date which shall be their date hire.
(b) Where the Company, at any time during the probation, determines that in
its sole opinion that a probationary employee does not have the potential,
capability or general suitability for continued employment, it shall have the right
to discharge such probationary employee provided that it does not act in bad
faith or in a discriminatory manner or contrary to the provisions of the Ontario
Human Right Code.
12.03 When an employee is discharged or laid off the Company will notify the
Chairperson of the Shop Committee in writing.
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the bargaining unit, to return to the bargaining unit in line with his seniority.
12.05 An employee while retained on the seniority list during layoff accumulates
seniority during such period.
(a) If an employee quits his/her employment and does not rescind the
notice to quit within the balance of the shift during which the
notification was given, or within twenty-four (24) hours where
extenuating circumstances or duress was involved.
(f) If the leave of absence has been utilized for the purposes other
than those for which the leave of absence was granted.
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12.07 The Shop Committee will be retained at work, notwithstanding their
position on the
seniority list so long as work is available for which they have the skill,
ability and
qualifications to satisfactorily perform.
12.08 When an employee is absent due to an illness or injury covered by the Worker's
Compensation Board and is declared able to return to work. Both the Company
and the Union agrees that such employee may be placed on any job to which the
W.C.B. and employee's Doctor agree is within his/her capacity, provided it does
not conflict in the job posting or seniority procedures of the Collective
Agreement. Such employee, however, will be laid-off in accordance with their
plant-wide seniority should a layoff occur.
13.03 Employees who have been laid off in accordance with the above provisions will
be returned to work in order of seniority, provided they have the skill, ability and
qualifications to satisfactorily perform the required work.
13.04 The Company will provide the Chairperson of the Union Plant Committee with a
list of employees to be laid off or recalled, also any cancellation of such notices.
14.01 a) Whenever new jobs or vacancies occur, notices of such vacancies or new
jobs shall be posted in the plant on the bulletin board for a period of three (3)
regular working days. Any employee wishing to apply shall do so on forms to
be supplied by the company within three (3) regular working days of the
posting.
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b) In selecting the successful applicant for such postings, senior employees
shall be given preference where the present skill, ability and qualifications of
the applicants are relatively equal.
c) successful applicants shall receive the new rate the earlier of when they start
working in their new position or ten (10) days following the removal of the job
posting notice.
It is agreed that from time to time Area Leaders (Levels 1 or 2) may be required.
In addition to their regular work, their duties shall include training, instructing,
assisting and allocating work within their classification. They shall not play any
role in any disciplinary process. When Area Leaders are needed, the position
shall be posted. The Union shall be notified of the successful applicants.
14.03 When Management creates a new classification not covered by this Agreement,
Management representatives will meet with the Shop Committee and advise the
Committee of the classification title and wage rate it has established for the new
job. If the committee is not in agreement with the classification or wage rate and
the Committee and the Management cannot resolve the difference, then the
Committee shall treat the matter as a Union policy grievance under Article 9.
In the event that the Shop Committee and Management agree upon a rate
different from that established by the Company, the new rate shall be retroactive
to the date upon which the matter was presented to the Company as a policy
grievance.
While any matter hereunder is pending, the employee who may be assigned that
particular job in question shall nonetheless fully perform such job in the manner
required by the Company.
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15.02 When it becomes necessary to temporarily transfer an employee to a
classification other than his/her regular classification the following will
apply:
16.01 The Company will grant leave of absence without pay (retroactive when justified
by the circumstance) to:
a) Any employee for legitimate personal reasons, and any person who is absent
with such written permission shall continue to accumulate seniority during
his/her absence. It is agreed that the Company will provide the Union with a
copy of each leave of absence authorization.
b) A leave of absence without pay for all or part of a working day shall be
granted upon application by the Chairperson for members of the Shop
Committee to attend to Union business, provided the request is made in
writing to Management as soon as possible and not less than two (2) working
days prior to the commencement of the requested leave of absence.
c) The Company will grant pregnancy and parental leaves without pay in
accordance with the relevant legislation as follows:
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satisfactory reason under Clause 12.07(d) for absence of an employee up
to one hundred and twenty (120) days, for conviction of an offence arising
out of the operation of a motor vehicle as well as any absence because
he/she is being held in custody pending disposition of the charges against
him/her, provided he/she has notified the company within the time frame
specified in 12.07(d).
Agreed
16.03 The Company will allow employees one (1) day of paid leave of
absence on the day that they receive their Canadian citizenship.
17.01 The Company will provide a bulletin board beside the time clock
enclosed with locks and keys for the Union to post notices of Union
activities, subsequent to all such notices being signed by the proper
officer of the Union and approval of Management prior to posting such
notices.
18.01 Subject to 17.04 the normal hours of work shall be eight (8) hours
per shift, Monday to Friday as follows:
a) at the rate of 1 ½ times after 8 hours per day or for all hours
worked on a Saturday and,
b) at the rate of 2 times for all hours worked over 12 hours per
day, all hours worked on Sunday, except for Monday start-up,
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or all hours worked on Paid Holidays.
19.02 For off-shift workers, unless otherwise agreed upon the shift which
commences on
the evening before the holiday shall be considered as the shift for that
holiday.
19.03 The Company will equalize overtime among employees usually performing the
work in accordance with the following:
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19.06 Overtime and premium rates of pay will not be pyramided.
20.01 A shift premium of $0.40 per hour will be paid for the afternoon shift
and $0.75 per hour will be paid for the night shift.
ARTICLE 21 - BREAKS
21.01 The Company will provide a ten (10) minute paid break in the first
half of the shift and a twenty (20) minute paid lunch break in the second
half of the shift. A further ten (10) minute paid break will be provided prior
to the commencement of any overtime of more than one hour.
22.02 Employees who have commenced the second half of their shift
shall be paid for the balance of the shift.
23.01 Any employee who has completed his shift and has clocked out
and is then called back to work on overtime shall receive a minimum of
four (4) hours pay at the appropriate overtime rates for such additional
work,
24.01 An employee injured on the job shall be paid for the balance of his
shift on which the injury occurred if, as a result of such injury, the
employee is sent home by the Company or is sent to an outside hospital
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and a doctor at such hospital or the employee's own doctor certifies that
the employee should not return to work. The Company will make
available transportation for such injured employee.
25.01 The Company will make up the difference between the amount of
money per day an employee received while serving as a member of a jury
(not including travel allowance or reimbursement for expenses), including
coroner's juries or subpoenaed witness except where the employee is
subpoenaed by the union, to an amount equal to the normal eight (8)
hours pay which he would have been eligible to receive for working that
day.
26.01 In the event of the death of a spouse, child, child of current spouse,
mother or father, sister or brother of any employee covered by this
Agreement, such employee shall be granted an excused absence of three
(3) working days at his base rate of pay, inclusive of all premiums and
shift differentials for the purpose of attending the funeral and conducting
other associated activities.
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time to be scheduled later.
27.02 All legitimate pay cheque shortages shall be paid on Friday for
shortages payable on that week's pay, providing such shortages are due
to the Company's error.
27.05 Cheque stubs will contain year to date wages and deductions.
28.01 The Company will provide paid holidays to all employees with seniority for each
year of the agreement as follows:
Family Day
Good Friday
Victoria Day
Canada Day
Civic Holiday
Labour Day
Thanksgiving Day
Employee's Birthday
Christmas day
Boxing Day
New Years Day
28.02 An eligible employee shall be paid eight (8) hours at his/her straight time hourly
rate, (excluding off shift and overtime premiums) in the following circumstances:
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of employees in the Company's plant occurring not
more than twenty (20) working days prior to the day
of observance of the holiday(s);
OR
OR
Article 29 – Vacations
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1 year but less than 5 years 2 weeks 4%
5 years but less than 10 years 3 weeks 6%
10 years and more 4 weeks 8%
For purposes of this article, gross earnings will include all amounts paid to
the employee by the company during the vacation period, but does not
include payments for taxable benefits, expenses and travel allowances.
29.02 The company shall have the right to schedule a consecutive two
(2) week summer shutdown during the months of July and/or August.
Employees shall take their vacation during this period, except for
employees required for maintenance and those required to meet specific
customer demands, who may be required to work. The company will
notify employees of when the shutdown will take place the earlier of one
(1) week after being notified by Ford, General Motors, Chrysler and
Navistar of their planned shutdowns or May 15 th.
29.04 For employees who have vacation time in excess of the summer
shutdown period, the company reserves the right to schedule the excess
vacation time off in such a manner that it will not hinder production
commitments. Subject to the foregoing, preference will be given to senior
employees who submit their vacation requests, in writing, to their
department’s Manager by April 1st, and thereafter preference will be given
to written requests in order of their receipt by the company. Employees
shall use the company “Request for vacation form”. Employees will be
provided with a response to their vacation requests within two (2) weeks
of their submission.
29.05 The vacation year for calculation and eligibility shall be from July 1 st
through to June 30th.
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employee or an employee’s estate will receive any unpaid vacation
entitlement due to the employee.
29.07 Employees shall receive their vacation pay and a statement showing their
gross pay entitlement at the time of the time of the first pay period
following the first full work week of July.
30.01 The Company will pay 100% of the premium for the benefits set out
in the Employees Group Insurance plan booklet dated November, 2009,
and the employees Group Accidental Death and Dismemberment and
Long Term Disability Benefits booklet dated May 31, 2009
30.03 The company will continue to pay the premiums for the benefits provided
in this Article for employees absent from work because of illness or
accident for the balance of the month in which the absence commences
and for the following four (4) months. For employees who are laid off,
benefits will be continued for four (4) weeks from the date of lay-off. For
employees on leave of absence, the company will continue benefits as
follows:
31.01 The Company will pay employees according to the wage and
classification structure which shall be written into the Collective
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Agreement and form part of the Collective Agreement.
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ARTICLE 32 - DURATION
32.01 "The agreement shall be effective from the 28 th day of May, 2001 to
and including the 31 st day of January, 2004. Either party shall be entitled
to give notice in writing to the other party as provided in the Labour
Relations Act of its desire to bargain with a view to the renewal of the
expiring collective agreement at any time within a period of 90 days
before the expiry date of the agreement. Following such notice to bargain
the parties shall meet within 15 days of the notice or within such further
period as the parties mutually agree upon.
32.02 Provided that for purposes of all notices under this article, notice in
writing shall be deemed to have been received by the party to whom it is
sent upon the mailing of such notice by registered mail addressed to the
current address of the other party."
33.01 The company agrees that when the temperature and humidity in a
particular area of the plant reaches a level that the health of the
employees in that area is in question, the Company will meet with the
union co-chairperson of the joint health and safety committee or his
designate to discuss and agree on a course of action.
34.01 The Company agrees to pay into a special fund two cents (2 cents)
per hour per employee for all compensated hours for the purpose of
providing paid education leave. Said paid education leave will be for the
purpose of upgrading the employee's skills in all aspects of Trade Union
functions. Such monies to be paid on a quarterly basis into a trust fund
established by the National Union, CAW, and sent by the Company to the
following address: CAW Paid Education Leave Program, 205 Placer
Court, North York, Ontario M2H 3H9.
34.02 The Company further agrees that members of the bargaining unit,
selected by the Union to attend such courses, will be granted a leave of
absence for twenty (20) days of class time, plus travel time where
necessary, said leave of absence to be intermittent over a twelve (12)
month period from the first day of leave. Employees on said leave of
absence will continue to accrue seniority and benefits during such leave.
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34.03 The Company further agrees to supply the Union with the following
information when each contribution is sent to the Paid Education Leave
Program: the Local Union number, the Bargaining Unit(s) covered, the
number of employees, the number of hours used in the payment
calculation and the period of time covered.
35.01 The Union proposes a Joint Health & Safety Committee made up of
three (3) Union reps and three (3) Company reps.
35.02 The company and the union recognize the necessity to train all
employees in safe and healthy work practices. Therefore, both parties
agree that qualified individuals on the Joint Health and Safety Committee
shall be permitted to conduct up to eight (8) paid hours of training to all
employees in every year of this agreement. New employees may require
such additional training as the Joint Health and Safety Committee deems
necessary.
35.03 Three (3) weeks paid training over the term of this collective agreement
shall be allocated for occupational health and safety training for the union
co-chairperson of the Joint Health and Safety Committee.
35.04 In addition to duties under health and safety legislation, the duties
of the Joint Health and Safety Committee are as follows:
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Committee will investigate.
35.05 The Company will provide the Joint Health & Safety Committee
with complete hazard information and all controlled substances in the
workplace.
35.07 Not fewer than two (2) employees shall work in the plant at any one
time.
35.08 Every employee shall have the right to refuse to perform unsafe
work. "Unsafe", shall carry the meaning defined in the Occupational
Health & Safety Act.
35.10 Local or National Union Health & Safety staff shall be permitted to
visit the workplace upon prior notification of the Company.
36.01 The Union and the Company jointly recognize substance use and abuse
to be a serious medical and social problem that can be successfully
treated. It is in the best interest of the employee, the Union and the
Company to encourage early intervention and treatment to assist
employees and members of their families towards full rehabilitation. Such
assistance includes, but is not necessarily limited to, identification of the
problem at the earliest stages, motivating the individual to obtain help,
referral of the individual to appropriate treatment and rehabilitation
facilities and a continuing education of employees and Union and
management representatives alike to recognize and deal constructively
with such problems as they arise.
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36.02 Any employee who undergoes a prescribed rehabilitative process
will be entitled to sickness and Accident Benefits in accordance with the
Sickness and Accident Plan.
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LETTER OF UNDERSTANDING #1
The Company shall provide for all employees a proper lunchroom facility that will
include hot food vending machines, microwave ovens, refrigerated milk and soft drink
and coffee machines.
The Company will provide training for a maximum of ten (10) employees in C.P.R.
application.
Company agrees to comply with the Ontario Occupational Health and Safety Act as in
effect January 1, 1996.
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LETTER OF UNDERSTANDING #2
The Company will reimburse to employees 75% of tuition and cost for textbooks for
related academic training courses provided:
a) the course is pre-approved by the company;
b) the employee successfully completes the course.
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LETTER OF UNDERSTANDING #3
PARKING
The Company will make available a suitable parking area for all employees at no cost
to them.
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LETTER OF UNDERSTANDING #4
PROTECTIVE CLOTHING
The Company will agree to pay for all safety equipment and devices as follows:
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LETTER OF UNDERSTANDING #5
MOVING LOCATION
In the event the Company moves any or all of its operations to a new location, the
employees affected will have the right to transfer to the new location. Further this
contract will apply and will remain in full force and effect at the new location and none of
its rights and obligations will be varied.
The parties will negotiate a schedule of payment for the moving expenses of all
employees as a result of the implementation of this clause.
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LETTER OF UNDERSTANDING #6
The Company agrees to allow employees one (1) minute silence at 11:00 a.m.
on April 28th of each year in observance of those workers killed on the job.
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LETTER OF UNDERSTANDING #7
The Employer agrees to acquaint new employees with the fact that a Collective
Agreement is in effect and with the conditions of employment set out in the articles
dealing with Union Security and Dues Check-off. A new employee shall be advised of
the name and location of his/her union representative. Whenever the union
representative is employed in the same work area as the new employee, the
employee's immediate supervisor will introduce him/her to his/her union representative
who will provide the employee with a copy of the Collective Agreement. The Employer
agrees that a Union representative will be given an opportunity to interview each new
employee within regular working hours, without loss of pay, for fifteen (15) minutes
sometime during the first thirty (30) days of employment for the purpose of acquainting
the new employee with the benefits and duties of Union membership and the
employee's responsibilities and obligations to the Employer and the Union.
If more than one employee is hired within a thirty (30) day period, the interview shall be
conducted in a group of all such new employees, in which case, the interview may last
to a maximum of thirty (30) minutes.
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LETTER OF UNDERSTANDING #8
WORKPLACE HARASSMENT
The Company and the Union agree that there will be no discrimination, harassment,
interference, restraint or coercion exercised or practised by either of them, or by any of
their representatives, with respect to any employee because of his/her race, national or
ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status,
disability or conviction for which a pardon has been granted, or because of his/her
membership or activities or lack of membership or activities, in the Union, as provided
for in the applicable legislation.
The Company and the CAW are committed to providing a non-discriminatory and
harassment free workplace. Harassment is defined as a “course of vexatious comment
or conduct that is known or ought reasonably be known to be unwelcome”, in regards to
the grounds referred to in Article 11.01. All employees are expected to treat others with
courtesy and consideration and to discourage discrimination and harassment.
The workplace is defined as the company’s facility at 289 Courtland Ave., Concord,.
Harassment may take many forms: verbal, physical or visual. The following examples
could be considered as harassment but are not meant to cover all potential incidents:
HARASSMENT IS NOT:
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discipline or any conduct that does not undermine the dignity of the individual. Neither
is this article meant to inhibit appropriate free speech or interfere with appropriate
normal social relations.
FILING A COMPLAINT:
If an employee believes that they have been harassed and/or discriminated against on
the basis of any prohibited ground of discrimination as identified in section 11.01, there
are specific actions that may be taken to put a stop to it. First, the employee should
request a stop of the unwanted behaviour by informing the individual that is doing the
harassing or the discriminating that such behaviour is unwanted and unwelcome. It is
advisable to document the events, complete with times, dates, location, witnesses and
details.
However, the Company and the Union acknowledge that some victims of discrimination
or harassment may be reluctant to confront their harasser. In such circumstances they
are to bring the incident to the attention of their supervisor, manager, Human Resource
Manager and the Union Chairperson.
INVESTIGATION:
Upon receipt of the complaint, the person receiving the complaint will immediately
inform their Union or Company counterpart. The appropriate Company and Union
representatives will interview the employee making the complaint and determine if the
complaint can be resolved immediately. If they determine that the complain cannot be
resolved immediately, the complaint will be put in writing and forwarded to the Human
Resource Manager and the Union Chairperson.
The Union Chairperson and the Human Resource Manager will then determine if the
complaint requires a special investigation team comprised of both a Management and
Union representative. In the event of a complaint involving sexual harassment, the
investigative team will be comprised of at least on person of the same gender as the
complainant.
A formal investigation of the complaint may include interviewing the alleged harasser,
witnesses and other persons named in the complaint. Any relevant documents may
also be reviewed.
RESOLUTION:
The joint investigators will complete a report on the findings of the investigation and a
copy of this report will be forwarded to the Human Resource Manager and the Union
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Chairperson who will make a determination on an appropriate resolution. The Human
Resource Manager and the Union Chairperson will attempt to resolve the complaint
within fourteen (14) days of the receipt of the report.
At the conclusion of this step, the complaint, if not resolved to the satisfaction of the
complaining employee, will be inserted into the second step of the Grievance
Procedure for resolution. In the event that the complaint is not resolved by the parties
at the second step of the Grievance Procedure, it may be appealed to arbitration in
accordance with the provisions of the Collective Agreement.
The pursuit of frivolous allegations through this Article has a detrimental effect on the
spirit and intent for which this Article was developed and should be discouraged.
INTERIM MEASURES:
This Article in no way precludes the complaining employee’s right to seek action under
the Ontario Human Rights Code. However, both the Company and the Union urge
employees to use the process detailed in this Article.
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LETTER OF UNDERSTANDING #9
COPY OF AGREEMENT
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SCHEDULE “A” WAGES AND CLASSIFICATIONS
WAGES
Each of the classification levels are to be increased by 70 cents for each year of the
collective agreement.
The probation rate is to be 50 cents per hour less than the rate of pay of the lowest paid
individual in the classification.
Levels for the classifications shall be set at after 18, 36 and 48 months of employment.
Employees will move up to the next level on the applicable anniversary date of
employment.
Once all employees in a level have moved to the next level, the vacant level will cease
to exist.
Employees employed as of January 1, 2001 will receive a signing bonus of $500.00 per
employee in the first pay following ratification. Employees employed subsequent to
January 1, 2001 shall receive a pro-rated signing bonus based upon their start date.
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Signed, Sealed and Delivered at Bigtown, Ontario, this ___ th day of ______, 20___.
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