1':

33~ _ ~4 ~II ·-I 3 ·

COLLECTIVE AGREEMENT

Between:

-And-

OAKLEY SUB ASSEMBLY WINDSOR ULC

BRAMPTON PLANT (Hereinafter called "Company")

- - ' I:J, •.::' ',II.

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL

WORKERS UNION OF CANADA (CAW ... CANADA) AND IT'S LOCAL 1285

(Hereinafter called the "Union")

OCTOBER 4, 201 0-0CTOBER 3, 2013

Page 1 of42

TABLE OF CONTENTS

ARTICLE 1 - PURPOSE ---------------------------·------------------------------------------------- 4

ARTICLE 2- RECOCJ~ITIO}J----------------------------------------------------------------------4

ARTICLE 3 - MA~ACJEME}JT RIGHTS-------------------------------------------------------- 5

ARTICLE 4- ~IO}J SECURITl{----------------------------------------------------------------- 5

ARTICLE 5- ~IO}J REPRESE}JTATIO}J------------------------------------------------------7

ARTICLE 6- GRIE\TA}JCE PROCEI)URE------------------------------------------------------ 9

ARTICLE 7 - ARB ITRA TI ()}J ---------------------------------------------------------------------- 1 0

ARTICLE 8 - l)ISCIPLI~E-------------------------------------------------------------------------- 12

ARTICLE 9 - l)ISCIPLI~E REORI)--------------------------------------------------------------- 13

ARTICLE 10- }JO}J l)ISCRIMWATIO}J/HARASSME~T----------------------------------- 13

ARTICLE 11- CJ E~l) ER ----------------------------------------------------------------------------- 14

ARTICLE 12 - SE}JI ORITJ( ------------------------------------------------------------------------- 14

ARTICLE 13 - JOB POSTWG----------.,----------------------------------------------------------- 16

ARTICLE 14- LA ]{OFF A}Jl) RECALL--------------------------------------------------------- 17

ARTICLE l5 - LEA \TE OF ABSE}JCE------------------------------------------------------------18

ARTICLE 16 - CO}JTRACTWCJ OUT ----------------------------------------------------------- 21

ARTICLE 17 - SHIFT PREMIUM-----------------------------------------------------_: ____________ 21

ARTICLE 18 - P A]{ l) A]{--------------------------------------------------------------------------- 21

ARTICLE 19 - 0\TER TIME ------------------------------------------------------------------------ 21

ARTICLE 20 - CALL BACK------------------------------------------------------------------------22

ARTICLE 21 - REPORTWG P A]{----~------------------------------------------------------------ 23

ARTICLE 22- EMPLOJ(EE CALL-W PROCEI)URE----------------------------------------- 23

ARTICLE 23 - TEMPORARJ( PART TIME EMPLOJ(EES (TPT)-------------------------- 23

ARTICLE 24 - H 0 LII) A J{S------------------------------------------------------------------------- 24

ARTICLE 25 - \1 ACA TIO}J WITH P A]{----------------------------------------------------------26

ARTICLE 26 - SUB STA}JCE ABUSE----------.:.-------------------------------------.,.------------28

Page2 of42

ARTICLE 2 7 - HEALTH AND SAFETY---------------------,---------------------"'-------------,. 28

ARTICLE 28- GROUP INSURANCE/HEALTH AND WELFARE INSURANCE/LIFE/

AD~D AND WEEECLl' INDE~ITl'------------------------------------~----------------------- 31

ARTICLE 29- NEW EMPLOl'EE ORIENTATION-------------------------------------------- 34

ARTICLE 30- HOURS OF WOREC---------------------------------------------------------------- 35

ARTICLE 31 -TECHNOLOGICAL CHANGE-------------------------------------------------- 36

ARTICLE 32 - CONTINUING EDUCATION ---------------------------------------------------3 6

ARTICLE 33 - INJURl' ALLOWANCE---------.,.-----------,_.,.,.,--------------------------------- 37

ARTICLE 34 - BULLETIN BOARDS -----------------------------------------------------------3 7

ARTICLE 3 5 - LOCECERS -------------------------------------------------------------------------- 3 8

ARTICLE 36 - COPIES OF CONTRACT--------------------------------------------------------- 3 8

ARTICLE 3 7 - STRIECES OR LOCECOUTS------------------------------------------------------- 3 8

ARTICLE 38- SECILLED TRADES SUPPLEMENTARl' AGREEMENT----------------- 38

ARTICLE 39 - WAGES AND CLASSIFICATIONS-------------------------------------------- 3 9

ARTICLE 40 - DURATION------------------------------------------------------------------------- 3 9

ARTICLE 41 -LETTERS OF UNDERSTANDING-------------------------------------------- 40

LETTER OF UNDERSTANDING #1 RE: SHIFT ROTATION AND/

OR SELECTION-------------------------------------------------------------------------------------- 40

LETTER OF UNDERSTANDING #2 RE: SENIORITl' LIST---------------------------------40

LETTER OF UNDERSTANDING #3 RE: HOURS OF WOREC ------------------------------40

MEMORANDUM OF SETTLEMENT------------------------------------------------------------ 42

Page 3 of42

ARTICLE 1- PURPOSE

1.01 It is the intent and purpose of the parties to this Agreement, which has been negotiated and entered into in good faith:

(a) to provide and maintain working conditions, hours of work, wage rates and benefits set forth herein;

(b) to recogi1ize mutually the respective lights and functions of the parties hereto~

(c) to establish an orderly system for the promotion, demotion, transfer, layoff and recall of employees; '

(d) to establish a prompt, just and equitable procedure for the disposition of grievances;

(e) and generally, through the full and reasonable administration of all the terms and provisions contained herein, to develop and achieve a relationship between the Union, the Company, and the employees which will be conducive to their mutual well-being.

ARTICLE 2 · RECOflNITION

2.01 (a) The Company recognizes the Union as the sole and exclusive bargaining agent for all of its employees, save and except Foremen, persons above the rank of Foreman, office, sales staff and shipping clerks.

(b) In the event the Company relocates within the Local Union Jurisdi"ction, this Collective Agreement will be applicable and all employees subject to this Collective Agreement will continue in employment and shall have the right to move to the new location and retain the seniority each has acquired.

In the event the Company ceases operation of its Brampton facilities, employees will receive notice as follows:

(i) As provided by the Employment Standards Act.

(c) A person who has not previously worked in the bargaining unit shall, if transferred into the bargaining unit, be considered as a probationary employee.

(d) Anyone who is not subject to the provisions of this Agreement will not perfonn any work which is normally performed by employees in the bargaining unit. (Management shall be allowed to work during cases of emergency or to train employees).

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ARTICLE 3- MANAGEMENT RIGHTS

3.01 The Union recognizes the right of the Company to hire and promote consistent with the provisions of this collective agreement. The Union further recognizes the right of the company to demote, transfer, suspend or otherwise discipline or discharge any employee for just cause, subject to the right of the employee concerned to lodge a grievance in the manner and to the extent herein provided.

3.02 The Union further recognizes the right of the Company to operate and manage its business in all respects in accordance· with its commitments and responsibilities. In addition the location of plants, (subject to Article 2) the products to be manufactured, the schedules of production, the methods, processes and means of manufacturing are solely and exclusively the responsibility of the Company.

3.03 The Union further recognizes the right of the Company to make and alter from time to time the rules and regulations to be observed by the employees. These rules and regulations shall not be inconsistent with provisions of the agreement.

3.04 All changes in the posted rules and regulations must be discussed with the plant committee before they are adopted. Any changes or updates concerning work rules, the Employer will notify the Union and Committee Chairman a minimum of seven (7) days prior to the effective date of such change. The Union reserves the right to protest any changes they deem unreasonable through the grievance procedure.

3.05 The Company agrees that it will not exercise its management rights for the purpose of restricting or limiting the rights of its employees herein granted 'and shall not be inconsistent with the provisions of this agreement.

ARTICLE 4- UNION SECl!RITY

4.01 All employees covered by this Agreement shall become and remain members in good standing of the Union as a condition of employment.

All current Bargaining Unit employees who have not done so and all new Bargaining Union employees will be required to complete and sign an Application for Membership and Authorization for check off of dues and initiation fee on form A-230-86, supplied by the Union to the Company.

The Local Union copy of this form will be forwarded to the Local Union Financial Secretary upon completion.

4.02 All dues and initiation fees payable to the Union in accordance with Article 4.01 will be deducted monthly and forwarded to the Local Union Financial Secretary by the 15th day of the following month.

Member check off will be in accordance with the CAW Constitution.

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Th~ Company wilL _also supply a list of those members who did not have Union dues 'deducted- and the reason why no deduction-took place.

4.03 The Financial Secretary of the Local Union will notify the Company in writing of the amount of Union dues and/or initiation fee to be deducted in line with the constitutional requirements ofthe National Union.

4.04 The Company will maintain and post an up-dated seniority list quarterly by the 15th day January, April, July, and October. Sucli list shall show employee's job classifications. Additionally, the Company shall submit a list of all probationary employees. Copies of such lists shall be provided quruierly by the 15th day of January, April, July, and October for the previous quarter.

The Company will supply the plant Chairperson with the following infonnation quarterly:

(a) Employees by rate and classification.

(b) Employees transferred out of the Bargaining Unit, including date of transfer.

(c) Employees on leave of absence, short or long term disability, or Workers Compensation.

(d) Employees on layoff and recall.

(e) Employees who have lost seniority.

(f) Employees who quit, retire, or are discharged. \' J

(g) New hires with first date ofwork.

(h) Employee's addresses and phone numbers. (Provided the employee has no objections).

(i) Employees who acquire seniority,

G) Job postings-names of applicants and successful candidates.

(k) Updated rules and regulations.

(1) Copies of all benefit booklets and insurance policies.

(m) Notice of employees on bereavement leave.

Memos will be given to the Plant Chairperson ford, e, f, g, i, j, k, and m above on the date of occurrenqe. The lists are not required if there were no changes from the previous quarterly lists.

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ARTICLE 5- UNION REPRESENTATION

5.01 The Union shall elect or appoint and the Company shall recognize a Plant Committee comprised of the following number of hourly rated seniority employees:

One (1) Plant Chairperson Two (2) Committeeperson

If none of the plant committee members are skilled trade employees, the Company will recognize a skilled trade's representative elected or appointed by the Union from the skilled trades group who may attend grievance meetings involving trades issues, bargaining sessions involving trades issues, or any other meetings with management involving trades issues.

The skilled trade's representative will not be considered as a regular member of the plant committee.

In addition, the Union shall elect or appoint and the Company shall recognize three (3) Stewards with one (1) assigned to each operating production shift. To be recognized in the absence of a regular committee person

In the event of the elimination of an operating production shift the Steward for that shift will be eliminated.

Alternates will be elected or appointed by the Union for the above positions.

The Chairperson shall be granted the time needed with pay to perform his/her function under the terms of this Collective Agreement. The Chairperson will be paid their hourly rate. The Chairperson will be assigned to the day shift. The Plant Committee will also be the Grievance Committee and the Bargaining Committee.

The Plant Committee shall also be the Grievance Committee and Bargaining Committee.

5.02 Payment of the Bargaining Committee

The Company agrees to pay a maximum of eight hours per day to the bargaining committee members while they are negotiating renewal of the collective bargaining agreement. Committee persons are required to return to work if the meetings last less than eight (8) hours.

Should the members of the Bargaining Committee be required to work beyond an eight (8) hour day, during the negotiation sessions, the Company will not pay overtime.

5.03 Women's Advocate

The Company and Union agree that female employees may sometimes need to discuss with another woman matters such as violence or abuse at home or workplace harassment.

Page 7 of42

They may also need to find out about special resources in the community such as counsellors or women's shelters to assist them in dealing with these -or other issues.

The parties agree to recognize a CAW female member who will serve in the role of the Women's Advocate. The female advocate will meet with female members as required to discuss problems with them in a private area provided for confidentiality.

The Women's Advocate will develop appropriate communication to inform female employees ·about the advocacy role.

5.04 The Union will infom1 the Company in writing of the names of the Union Representatives and other Union Officials, and subsequent change in the names of such representatives. The Company will not be required to recognize representatives until such notification from the Union has been received.

5.05 A Union representative and/or grievor shall report to and obtain pennission from his/her supervisor or his/her representative, whenever it becomes necessary to leave their work for the purpose of processing grievances, complaints, or other in-plant Union business as outlined in the Collective Agreement.

Such permission will be granted immediately under normal conditions, and within a reasonable period of time, not to exceed one hundred twenty (120) minutes, if replacement(s) are to be arranged. The Union Representative and/or grievor will retum to work without undue delay and shall notify their supervisor at the time they return to work.

5.06 The Union shall not conduct Union business or activities on Company time or premises without the permission of management.

5.07 The Company will meet with the Union Chairperson and his/her Committees to discuss and attempt to resolve issues that either party may raise regarding the administration of this Agreement. Notice of agenda items for these meetings will be provided in writing to all attendees five (5) working days before each meeting.

5.08 The Bargaining Committee will be the last to be laid off and the first to be recalled with the Plant Chairperson having the highest seniority. In the event there is twenty (20) employees or less only the Chairperson shall be the only employee retained in accordance with the above.

5.09 With prior notification, the President of the local Union, National Representative or designate or Local Substance Abuse Representative shall be granted admission to the plants covered by this Agreement on the understa:r;tdin,g that there will be no undue interference in production.

5.1 0 The Company agrees to provide the Union with a locking filing cabinet. The Company will also provide a room if needed for the Union to meet with empl<?yees. Union Committee persons will be allowed access to Company phones and/or fax machines.

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ARTICLE 6- GRIEVANCE PROCEDURE

6.01 The parties hereto desire that every complaint shall be dealt with as it justly deserves as quickly as possible.

6.02 Step 1

Should a grievance arise, the employee shall along with his/her steward, or in the absence of a steward with a member of the Plant Committee, discuss it with the Foreperson within four (4) working days after the event giving rise to the grievance or within four (4) working days after the employee became aware or ought to have become aware of the event giving rise to the grievance.

The foreperson shall reply by the end of the next working day.

6.03 Step 2

If the reply of the Foreperson to the grievance is not satisfactory to the employee, then he/she may reduce the grievance to writing, sign it with the steward, or in the absence of the steward with a member of the Plant Committee, and present it to the foreperson or his/her designate within five (5) working days from the date that he/she received the reply of the foreperson.

The foreperson, or his/her designate, will render a decision in writing within three (3) working days after the day on which the grievance was presented.

6.04 Step 3

If the reply of the Foreperson or his/her designate is not satisfactory to the Union, the grievance may be presented by the Plant Chairperson to management within five (5) working days from the date of the reply of the Foreperson or his/her designate. The Plant Committee and management or the Company's designated representative shall meet within fifteen (15) working days after the grievance has been so presented. Upon request by either party, an officer of the Union may be in attendance. Within five (5) working days after the Step 3 meeting, management will render a decision in writing and submit it to the Plant Committee.

6.05 Step 4

If management's decision is unsatisfactory, the Plant Committee will notify the Company, in writing, within ten (1 0) working days of management's decision of its intent to refer the grievance to arbitration.

6.06 Discharge or Suspension Grievances

A claim by an employee that he/she has been discharged or suspended without just cause may be treated as a grievance, which shall commence at the 3rd step as provided in Article.

Page 9 of42

6.07 Whenever possible if two (2) or more employees simultaneously have the same alleged grievance under the same drcumstances, it will be presented as. single group grievance with the name of each grievor shown. The group grievance is to be initiated at Step 1.

6.08

If, in the course of the grievance procedure dealing with a particular issue, subsequent individual or group grievances are filed that complain about the same matter, it is agreed that such subsequent grievances will whenever possible be consolidated with the original grievance and dealt with as one group grievance at the request of either the Company or the Union.

The Plant Chairperson may file a policy grievance with management. A policy grievance is defined and limited to one which alleges misinterpretation or violation of the provisions of this Agreement and which could not otherwise be resolved at a lower step of the grievance procedure because of the nature and scope of the subject matter of the grievance.

A policy grieyance will be refened to Step 3 of the grieva,nce procedure.

If a detennination is made that a grievance filed as a policy grievance should have been filed as an individual or group grievance pursuant to the tenns of this Collective Agreeni.ent, the parties agree that such improper filing will not be grounds for dismissal of the grievance. Rather, should such a determination be made, the parties agree that the grievance will be deemed to have been filed as an individual or group grievance, as applicable.

6.09 The time limits set forth in the grievance and arbitration provisions herein may be extended on the mutual agreement of the Union and the Company.

However, if the Company or Union fail to meet the time limits set out in this article, the grievance shall be deemed mled in favour of the other party. Such deemed ruling shall be non-precedent setting.

6.10 The tenn "working days" when used in this Agreement for grievance procedure shall be defined as any day an entire shift works ..

ARTICLE 7- ARBITRATION

7.01 Any grievance not satisfactorily settled through the grievance procedure may be appealed to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (1 0) working days after the receipt of management's last decision.

Within ten (1 0) working days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that the parties cannot agree to an arbitrator, either party may, within ten (1 0) working days after the lists have been exchanged, request the Minister of Labour to appoint an arbitrator and shall provide the other party with a copy of such request.

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7.02 {a) The arbitrator shall not have 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.

The arbitrator, however, in respect of a grievance involving a penalty shall be entitled to modify such penalty.

(b) Where the Company has set a wage rate for a new or reclassified job classification that the Union is not satisfied with, the matter may be refen-ed to an arbitrator. The arbitrator will have the authority to set a new wage rate for the classification and award redress. In setting a new wage rate, the arbitrator shall be limited to making comparisons to other classifications, wage rates and job responsibilities covered by this Agreement.

7.03 The arbitrator's decision shall be binding on the parties. The cost of the arbitrator shall be shared equally by both parties.

7.04 Commissioner System

(a) Commissioner System: As an alternative to the regular arbitration procedure provided for herein, the parties may agree, in writing, to refer a grievance for final

. and binding arbitration to a Grievance Commissioner, selected by mutual agreement of the parties.

The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator appointed pursuant to the regular arbitration procedures provided for herein.

(b) Through the Grievance Commissioner, the parties desire an expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner. The rules governing the summary proceedings of the Grievance Commissioner are set out as follows:

(i) The decision of the Grievance Commissioner shall be confined to the grievance referred to him or her. Such decision must be consistent with the provisions of this Agreement, and the Grievance Commissioner shall have no power to alter, modify or amend any part of this Agreement; . '

(ii) The decision of the Grievance Commissioner shall only apply to the case before him or her and shall not constitute a precedent or be used by either party as a precedent in any future cases. However, with respect to the case in question, the Grievance Commissioner's decision shall be final and binding upon the Company, the Union and the employees represented by the Union;

(iii) The Union and the Company sha.ll each be responsible for one half of any fees or expenses charged by the Grievance Commissioner;

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(iv) The parties shall meet at least thirty days prior to the scheduled hearing date set by the Grievance Commissioner in order to determine what facts can be agreed upon. All such facts will be put together in a Joint Agreed Statement of Fact by the parties. In addition, a joint Statement of Evidence will be prepared by the parties which will outline all facts and asseliions that cannot be agreed upon that each party considers relevant and intends to call evidence in respect of at the hearing of the case. Both the Agreed Statement of Fact and the Statement of Evidence will be signed by both the Company and the Union and will be provided to the Grievance Commissioner at least ten (1 0) days before the commencement of the grievance hearing;

(v) The purpose of the heaiirig is to clarify the issues or facts in dispute.

At the hearing, the parties may make such finiher representations or adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.

(vi) The Grievance Commissioner shall be required to render his decision, in writing, together with. brief written reasons, within seven (7) days of the conclusion of the hearing.

(c) ·It is understood and agreed that no grievance will be referred to a Grievance commissioner without the mutual agreement, in writing, of the Company arid the Union. In the absence of such mutual agreement, all grievances will be referred for final and binding detennination pursuant to the regular arbitration procedure set out in this Agreement.

(d) It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner or at any time thereafter.

ARTICLE 8- DISCIPLINE

8.01 A Union representative will be present during all disciplinary actions.

When an employee is called to an interview by a member of supervision and the subject of the interview is discipline, the employee will be so informed before the interview and will be advised to have a Union representative present. The interview will not proceed \mtil a Union repi"esentative is present.

8.02 A copy of all written disciplinary actions must be given to the employee concerned and to the Plant Committee.

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ARTICLE9-D/SC/PLJNARYRECORD

9.01 A record of discipline shall remain on an employee's record for a period of twelve (12) months from the date of the offence. At the end of such time, the disciplinary infraction will be removed from the file and will not be used against the employee in any manner.

9..02 When discipline (written warning, suspension and discharge) is to be imposed by the Company, said discipline shall be imposed within five ( 5) working days of the infraction or when the company became aware of the infraction or should of been aware of the infraction. An employee will not be disciplined until all of facts have been discussed by the Company and a representative of the Union. If the above time limits are not strictly adhered to, the discipline will not be imposed or recorded. These time limits may be extended by a written agreement of both parties, but the agreement to extend and the meeting with the Union must be within the aforementioned five (5) days.

ARTICLE 10- NON DISCRIMINATION/HARASSMENT

10.01 Both the Company and the Union are committed to providing a workplace free of discrimination and harassment. Management and employees must not engage in discrimination or harassment because of prohibited grounds .. All outside contractors will be expected to adhere to all policies on Non Discrimination/Harassment. Prohibited grounds are race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status and disability, but will also include political affiliation and language, for example "native language". Prohibited grounds shall be interpreted in accordance with and subject to the provisions of the Ontario Human Rights Code.

The Company and the Union are committed to the concept of equal opportunity in the workplace. Both parties agree to this principle and will promote fair and equitable interaction through mutual respect for the rights of others.

Employees shall not be discriminated against on the basis of Union affiliation.

Harassment is in no way to be construed as properly discharged supervisory responsibilities, including the delegation of work assignments, the assessment of discipline or any conduct that does not undennine the dignity of the individual.

The pursuit of frivolous allegations of Human Rights violations has a detrimental effect on the spirit and the intent for which this policy was rightfully developed, and should be discouraged.

10.02 The Company and the Union recognize that sexual, racial and violent harassment is a cruel and destructive behaviour against others that can have devastating effects.

Sexual harassment includes any unwanted attention of a sexual nature such as remarks about appearance or personal life, offensive written or visual actions like graffiti or degrading pictures, physical contact of any kind, or sexual demands.

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Racial harassment includes any ac~ion whether verbal or physical that expresses or promotes racial hatred in the workplace such as racial slurs, written or visually offensive actions, .and jokes or other unwanted comments or acts.

Violent harassment includes any form of attempted, threatened, actual conduct or physical force of a person that causes or is likely to cause injury, and includes any threatening statement or behaviour that gives an employee reasonable cause to believe that the employee is at risk of injury.

Any confim1ed allegations of the above harassment( s) may result in discipline up to and including te1mination.

10.03 Employees who feel they have been subjectto harassment or discrimination m·ay file a complaint with the human resource department. The Human Resource Manager and the Committee Chairperson will investigate all complaints jointly and promptly within five (5) working days fi:om the date the complaint was filed. In certain cases, the Woman's Advocate may be included in the investigation. The employee will be notified of the dete1mination in writing upon conclusion of the investigation. Should an employee be dissatisfied with the resolution, the complaint may be addressed in the grievance procedure at step 3.

In the event an employee having a harassment complaint referred to above objects to Union involvement in the investigation of a complaint, the complaint will be investigated by the by Employer, with a written report given to the Union of the out come of the investigation.

10.04 This Article is not intended to restrict any employee's right under the Ontario Human Rights Code. Frivolous charges of harassment may be subject to disciplinary action.

ARTICLE 11- GENDER

11.01 Whenever in this agreement, the masculine gender is used; it will also include the feminine.

ARTICLE 12- SENIORITY

12.01 (a)

(b)

(c)

The pmiies recognize that job opportunity and semonty will increase in proportion to length of service. It is agreed that the tenn "seniority'' as used herein shall have reference to an employee's right to a job based o'n his/her length of service with the Company subject to the other provisions of this agreement.

All promotions, demotions, filling of vacancies, layoffs, and recalls after layoff shall be strictly in accordance with the principle set forth in Article 12.

Seniority of each employee covered by this Agreement shall be established after a probationary period of ninety (90) calendar days within any twelve (12) month period and shall count from date of employment.

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(d) In addition, following successful completion of the probationary period an employee will be paid for any plant holidays as defined in Article #24 that fall during the employee's probationary period, as required by the Employment Standards Act.

(e) During the probationary period, employees can be assigned, reassigned, retained or terminated at the Company's discretion, providing that such discretion shall not be exercised in a manner that is contrary to the Ontario Human Rights Code. An arbitrator shall not have jurisdiction to hear and determine a grievance with respect to the tennin_ation of a probationary employee, unless the termination was contrary to the Human Rights Code.

12.02 A seniority employee shall continue to accme seniority except as otherwise provided in this agreement.

12.03 Seniority will be lost and employment will be terminated if an employee:

(a) quits, resigns or retires;

(b) fails to report for work or fails to notify the Company for three (3) consecutive working days without supplying a reason satisfactory for such failure;

(c) is laid off and not recalled for a period of twelve (12) months or for a period of time equal to the employee's accumulated seniority at date of layoff, whichever is greater, with a maximum of thirty six (36) months.

(d) if the employee fails to report for work in accordance with a recall within seventy two (72) hours, or within five (5) working days of registered mailing date of such notice, whichever is later, unless a legitimate, reason is given; (copy of registered letter to be supplied to Union on the day of mailing);

(e) is discharged and not reinstated pursuant to the provisions ofthe grievance and/or arbitration procedures contained herein;

12.04 If two or more employees are hired on the same day, and they subsequently acquire seniority as herein provided, their names shall appear on the seniority list in order of employee birthday.

12.05 The Company will maintain and post an updated plant-wide seniority list. Such lists shall show employee's job classifications. Copies of such lists shall be provided to the Plant Chairperson.

12.06 The Company will provide on a quarterly basis, names, addresses, birth dates and phone numbers on file of all employees.

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ARTICLE 13- JOB POSTING

13.01 In the event that new jobs are created or vacancies occur within the bargaining unit, the Employer shall post a notice of such new job or vacancy for a period of seven (7) working days before new employees are hired, in order to allow employees with seniority to apply.

13.02 (a)

(b)

The Employer, in filling such new job or vacancy shall give preference to the employee having the greatest seniority, provided the employee is willing and able to perform the job. The successful candidate for a job posting will be given a ten (1 0) working days training period. If, during this ten (1 0) working day period, the Company detennines that the employee is not capable of performing the work adequately, or if the employee decides he does not want the job, he will be returned to his previous classification without loss of seniority.

The Company will evaluate the employee's job perfonnance at the 5th day of the trial period. If in the company's estimation the employee is not satisfactorily performing the job they will be notified on the aspects of the job that requires improvement. If at the 5th day evaluation, the employee is found to be performing the job satisfactorily he will have his wages adjusted to the rate of pay for the job.

If at the 5th day evaluation the company decides that the employee is qualified for the job, the employee may make their decision if they want it or may decide to do the ten (1 0) day trial period before making their decision. If at the 5th day the company decides the whole ten (10) day trial period is necessary, the employee's right to decide will be extended accordingly.

13.03 The Employer and the Union recognize the potential problem of the employees who have been incapacitated as a result of injury or disease and undertake to make their best efforts to provide work for such employees as may be available, subject regard to the seniority provisions of the Agreement, and subject to the employee's seniority being applicable to a layoff.

13.04 Copies of all job postings and job applicants with the successful bidder will be given to the plant chairperson.

13.05 Successful applicants will be notified within five days of the job posting being awarded by the company.

13.06 Probationary employees do not have the right to bid on job postings.

13.07 In the event no seniority employee applies for a job posting, the company can fill the immediate vacancy by offering it to the probationary employee in accordance with hiring­dates. In the event there are no probationary employees to fill the vacancy then the Company can hire from outside. However, should the vacancy not be filled within the first thirty (30) calendar days of the posting, it will be deemed to be a new job vacancy, · posted in accordance with the job posting procedure.

Page 16 of42

13.08 Any employee who is disqualified from a job po·sting will be given notice in writing stating the reason for the disqualification. .

13.09 Employees who are absent fi:om work at the time of a full .time job posting shall be eligible to apply for that posting, during the posting period, provided, if they return to work within thirty (30) calendar days. The above shall not apply during periods of maternity or parental leave.

13.10 Should the employer create any new job classifications during the life of this agreement, the wages for such classifications will be bargained between the parties.

Should the parties not be able to reach an agreement, then the matter may be referred to arbitration for a binding decision.

ARTICLE 14- LAYOFF AND RECALL

14.01 In the event of a reduction in force, the Company will provide twenty-four (24) hours advance notice or will pay eight (8) hours pay in lieu of notice.

14.02 For all reduction in force the following procedure will apply:

(a) All probationary employees will be laid off first.

(b) Thereafter, employees will be laid off in inverse order of seniority, provided there are available employees who have the ability to do the work ·of the employee to be laid off.

14.03 An employee who exercises their seniority to bump fi:om one classification to another due to a reduction in force will be returned to their previous classification as required by the work load if such requirement occurs within twelve (12) months. After twelve (12) months, vacancy will be posted.

14.04 An employee who exercises their seniority to bump into another classification or is transferred to another classification due to a reduction in force will be paid the rate of pay of the classification to which they are transferred.

14.05 Any employee who exercises their seniority to bump into another classification or is transferred to another classification due to a reduction in force will be afforded a ten (1 0) day training period to demonstrate ability.

14.06 Employees will be recalled to available work in order of seniority, provided they have the . necessary skill and ability to perform the required work

14.07 If any employee is transferred or promoted to a position not subject to the provisions of this agreement such employee shall cease to accumulate seniority from the date such employee is transferred out of the bargaining unit.

Page 17 of 42

In the event that such employee is subsequently transferred back to a position within a period ofthree(3)-months, subject to the provisions of this agreement he shall be credited with the seniority which he held on the date of the transfer out of the bargaining unit. Such employee transferred back into the bargaining unit shall displace the junior most person in the bargaining unit.

14.08 Temporary Transfers- In Plant

When employees are being temporarily transferred to another classification, the following procedures will be followed:

1. High seniority employees will be given the first option to be transferred from the classification selected by the company. In the event there are no volunteers, the most junior employee shall be transferred.

(a) If the rate of pay for the job to which he/she is transferred is less than the employee's regular pay, he shall receive his own higher rate of pay.

(b) If the rate of pay for the job to which he/she is transferred is higher than the employee's regular pay, he shall receive the higher rate of pay for the job to which he/she is temporarily transferred. providing he works a minimum of two (2) hours within the classification on the day .

. ARTICLE 15- LEAVE OF ABSENCE

15.01 The Company may grant a personal leave of absence without pay to any seniority employee for legitimate personal reasons. An employee shall continue to accumulate seniority while on leave of absence. A leave of absence shall not exceed thirty (30) working days in a twelve (12) month period. Such leave will not be umeasonably denied.

The Company will consider leaves in excess of thi1iy (3 0) days provided the employee pays their benefit cost or waives benefit coverage for any leave time in excess of thi1iy (30) days. Extensions past thirty (30) days must be mutually agreed to.

15.02 A seniority employee requesting a leave of absence shall do so in writing at least two (2) weeks prior to the commencement of the requested leave, except in cases of emergency. The company will respond to such a request in writing within one (1) week. The Company will provide the Union with a copy of a leave of absence authorization fonn.

15.03 Employees getting manied shall be granted two (2) weeks leave of absence provided written notice is given two (2) months in advance.

15.04 Bereavement

(a} The employer will pay for time· lost, exclusive .of Saturday, Sunday and paid holidays, of three (3) consecutive working days' pay at his/her straight time, hourly rate, to a seniority employee who has been absent from work due to a death of the following:

Page 18 of42

Cmrent spouse Child/Step Child

. Parent/Step Parent Brother/Step Brother, Sister/Step Sister Grandparents, Grandchildren Current Mother/Father-in-law Current Son/Daughter-in-law

(b) The employer will pay time lost, exclusive of Saturday, Sunday and paid holidays of one (1) working day's pay at his/her straight time rate hourly rate, to a seniority employee who has been absent from work due to a death in the family of the employee's sister-in""law, brother-in-law or grandparent of a current spouse.

An employee who is on vacation or holiday when a death of a relative as defined above will be allowed days as bereavement leave following the vacation or holiday.

Bereavement pay will not be paid in addition to any other allowable pay except for the same days as outlined above.

(c) For the purposes of this Article, the Company will recognize a common-law relationship provided the employee has supplied the Company with a written record of the common law relationship. Common-law relationship will include any relatives as though they were legally married. Once common-law relationship is established, all previous in-law relationship will not be excused for bereavement.

(d) Should an employee request a leave of absence from the Employer for additional time off in the event of a death in immediate family, the Employer agrees that such leave shall be granted without pay in accordance with Article 15.

(e) In the event of death in an employee's family not covered above2 the employee will be granted one (1) day off without pay in order to attend the funeral.

15.05 Paid Education Leave

The Company Agrees to pay into a special fund two cents (.02) per employee for all

compensated hours for the purpose of providing paid education leave.

Such 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 theN ational Union, CAW and sent by the company to the National

Office at: 205 Placer Court, Willowdale, Ontario M2H 3H9.

Page 19 of42

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 without pay for up to twenty

one (21) days of class time, plus travel time where necessary, said leave of absence to be

inte1mittent over a twelve (12) month period from the first day ofleave. Employees on

such leave of absence will continue to accrue seniority and benefits during such leave.

15.06 Union Leave of Absence

Upon written request of the Employer by the Union, the Employer will grant a leave of absence without pay and without loss of seniority to an employee acting as a representative of the Union in connection with other Union activities. Such request shall be given to the Employer within a reasonable time period to the commencement of said leave. Any member of the bargaining unit that is granted a union leave of absence without payment from Oakley Sub Assembly Brampton will be credited with the lost hours for vacation purposes as though they were at work.

The Employer will grant a leave of absence to any employee to serve in a full time position with the National or Local Union. Such leave of absence shall be requested by the Union, in writing, and shall be for a period of up to three (3) year, and may be extended upon request from year to year thereafter. In the event the return from such leave, the employee shall return to the job from which he/she was granted leave.

15.07 Pregnancy\Parental\Adoption Leaves

An employee will be granted a pregnancy/parental/adoption leave pursuant to the Employment Standards Act.

15.08 Public Office Leave of Absence

An employee with seniority elected or appointed to a full time federal, provincial or local public office, will receive a leave of absence without pay or benefits for the period of his/her first term of active service in such public office, not to exceed three (3) years. Additional leaves of absence for service in such office may be granted at the option of management upon written application by the employee.

Any employee granted· such leave of absence shall be entitled to reinstatement on the completion of the leave at the then current rate of pay, to such work as he may be entitled on the basis of the seniority provisions of this Agreement. Seniority and pension rights will continue to accumulate during the period of such leave of absence.

15.9 Jury Duty and Subpoenaed Witness

Where an employee with seniority is called to and reports for jury duty, or is called to testify as a subpoenaed witness, he shall be paid the difference between the pay he receives for such duty or testimony and the pay he would have received for an eight (8) hour day at his regular hourly rate for such time lost. Seniority and pension rights will continue to accumulate.

Page 20 of42

ARTICLE16-CONTRACTINGOUT

16.01 The Company will not subcontract work if such work can be perfonned by bargaining unit employees presently at work or by employees who might be on layoff at the time such work is necessary.

Any work that is contracted out will be contracted to CAW shops where possible.

ARTICLE 17- SHIFT PREMIUM

17.01 On afternoon shift, employees shall be paid an off shift premium of twenty five ($0.25) per hour. On midnight shift, employees shall be paid an off shift premium of thirty ($.30) per hour.

Such premiums shall be included in the hourly rate for the calculation of overtime.

Such premiums shall be added to the employee's regular hourly rate of pay.

ARTICLE 18- PAY DAY

18.01 Employees shall be paid weekly by direct deposit. All employees will have access to pay statements each week.

If the employee's pay is incorrect due to a company error, the company shall pay him/her the same day as it is reported to the company by the employee out of petty cash during the employee's shift. (Errors must be in excess of $50.00) The employee must reimburse the company when they are paid the error on their regular pay cheque. Any errors that are the employees fault or less than $50.00 shall be paid on the next regular cheque.

ARTICLE 19-0VERTIME

19.01 Subject to the provisions of the Employment Standards Act, up to 8 hours per week of overtime may be mandatory. All other overtime will be voluntary.

19.02 An employee shall receive payment at the rate of time and one half (1 Y2) his/her hourly rate for all hours worked over forty ( 40) in a week.

All hours worked on Sunday and Holidays recognized by this Agreement shall be paid at double (2x) time, unless the hours are part on an employee's regular shift.

19.03 If an employee is offered an overtime opportunity, the employee will be charged with the overtime hours asked to work whether the employee works or refuses. When two (2) or more employees have equally low hours, canvassing will be done by seniority. Employees will be charged overtime on the basis of hours worked or by seniority. Employees will be charged overtime on a basis ofhours worked or offered.

Page 21 of42

For example, eight (8) at one and one-half times (1 112x) is equal to twelve (12) hours charged and eight (8) hours of double time (2x) is equal to sixteen (16) hours charged. Overtime hours worked on a holiday will be charged at double time (2X).

All overtime hours will be zeroed as of January 1st each year.

If an employee is absent from work for any reason, he/she will be charged for all overtime as ifhe/she would have been offered.

19.04 The Company shall distribute the overtime equally among the employees normally perfonning work in the plant. Equitable distribution shall mean that in the event of overtime scheduling, the employee with· the lowest accumulation of overtime hours on the shift and in the classification for which is required will be offered the overtime opportunity. When overtime hours are equal, the overtime will be offered by seniority. An ovetiime record shall be maintained by the Company for each employee. An overtime report will be published weekly and a copy given to the plant chairperson.

19.05 Seniority employees in other classifications on the shift who have the skill and ability to perform the work will be canvassed once all employees who normally perform the work have been offered the available overtime. In situations where volunteers cannot be found, the employees having the lowest overtime hours, within the classification will be required to work the overtime hours, subject to the provisions of the Employment Standards Act. Where two or more employees have the same overtime hours, seniority will apply.

19.06 The Company shall give forty eight (48) hours advance notice to the employees of scheduled overtime, where possible.

19.07 In the event an employee is overlooked in equalization, he/she will be placed at the top of the list for the next overtime.

19.08 Employees who return to work on modified light duty will be given an opportunity to work overtime only if qualified and if their medical restrictions permit the employee to perform all of the required duties for the full period of the ovetiime assignment.

19.09 There will be no pyramiding of any premium pay.

19.1 0 If an employee is requested to work more than one (1) hour overtime, there shall be a ten (10) minute rest period at the end of his/her regular shift.

ARTICLE 20- CALL BACK

20.01 Any employee who has completed his/her shift and has clocked out and is then asked to work ovetiime shall receive a minimum of four ( 4) hours pay at overtime rates for such additional work in their classification.

Page 22of42 i

. I

ARTICLE21-REPORTINCPAY

21.01 Where an employee is scheduled for work and reports for work on his/her regularly scheduled shift without being notified in advance thereof that he/she would not be needed he/she shall receive a minimum of four (4) hours pay at his/her appropriate rate. If requested by the Employer, an employee shall perform a minimum of four ( 4) hours of such work as the employer may assign, or the employee will be allowed to leave the plant and shall be paid for actual time spent.

21.02 If an employee is sent home through no fault of his/her own and has worked less than four ( 4) hours and sent home, he/she shall receive four ( 4) hours pay.

21.03 In the event an employee volunteers to go home under the above circumstances he/she will not receive the additional pay.

21.04 The above provision will not apply if the employee is sent home as a result of an act of God.

ARTICLE 22- EMPLOYEE CALL-IN PROCEDURE

22.01 The Company will provide a separate telephone line with answering machine for all employees to report their absence to the Personnel Department, as soon as possible.

Employees will not be required to bring in a doctor's note to verify their illness unless the company has good cause to require such.

ARTICLE 23- TEMPORARY PART TIME EMPLOYEES (TPT)

23.01 The parties agreed to utilize a temporary workforce for legitimate business reasons such as, to backfill absences plam1ed (vacations/leaves, etc.) .or unplanned (unscheduled call­offs), and/or customer demand.

23.02 The Company may utilize temporary part time TPT employees to supplement the workforce for straight time, overtime, or weekend work.

23.03 Temporary employees shall be paid the new hire rate and shall not be eligible for benefits.

23.04 TPT employees will only be eligible for time and one half their hourly rate of pay for Hours worked in excess of 40 hours or work on holidays.

23.05 TPT employees are subject to Union membership, dues and an initiation fee.

23.06 A TPT employee shallnot accumulate time toward fulfillment of the pl'obationary period while employed as a TPT.

Fage23 of42 I

I I

I

A TPT employee hired as a regular full time employee will be considered a new employee and subject to all terms and conditions of the Collective Bargaining Agreement. TPT employees have no priority for any full time positions.

23.07 The tem1s and conditions of the Collective Bargaining Agreement do not apply to the TPT employees unless specifically noted otherwise. The Company may tenninate a TPT employee at any time provided, however the Union may protest in the grievance procedure the termination of a TPT in cases of alleged discrimination on account of any prohibited grounds under the Ontario Human Rights code. A TPT employee shall be entitled to Union representation including the grievance procedure in cases of alleged violation of this Article.

23.08 Any TPT scheduled to work who does not show up and does not call in to notify the plant the reason for such absence will. be considered a voluntary resignation. TPT will be notified of such call~ in procedure. The Company may cancel scheduled hours for a TPT employee without penalty should customer/plant requirements change. The Company will notify the TPT of any cancellation of scheduled time as soon as possible.

23.09 TPT employees must be at least 18 years of age and be enrolled in high school, college, or university on a full time basis.

23.10 In the event of a layoff, a laid-off Oakley full time employee may displace a TPT employee, provided the Oakley employee has notified the HR department of such request. An Oakley employee elects to displace a TPT employee will be compensated at their regular rate of pay. If an Oakley employee does not exercise this right by reporting to work they will no longer be allowed to exercise such right for the length of the layoff.

23.11 The Company may hire temporary pa1i time, TPT, employees to supplement the workforce for straight time, overtime or weekend work. TPT employees shall normally be scheduled to work on Monday and Fridays in addition to premium days. Any exception must have the prior approval of the Plant Manager or designate and the Plant Chairperson or designate. Children of current employees will be given preference in hiring of TPT employees. TPT employees will be hired, trained and perform on assembler classification assignments.

23 .12 TPT employees will not be allowed to work overtime on scheduled working days without the Company first exhausting all full time active employees on the shift. On non­scheduled working days, TPT employees will not work overtime without the Company first offering the opportunity to all full time active employees.

ARTICLE 24- HOLIDAYS

24.01 The Company agrees to pay eight (8) hours pay at an employee's regular straight time hourly rate for all seniority employees, in accordance with Article 24, for the following holidays:

Page 24 of42

Thanksgiving Day Christmas Eve Christmas Holiday Christmas Holiday Christmas Holiday Christmas Holiday New Years Eve

Good Friday Victoria Day Canada Day Labour Day Thanksgiving Christmas Holiday Christmas Holiday Christmas Holiday Christmas Holiday Christmas Holiday

Christmas Holiday Good Friday Victoria Day Canada Day Labour Day Thanksgiving Christmas Eve Christmas Day Christmas Holiday Christmas Holiday Christmas Holiday

New Years Day Good Friday Victoria Day Canada Day Labour Day

2010

2011

2012

2013

October 11, 2010 December 24, 201 0 December 27,2010 December 28,2010 December 29, 2010 December 30, 2010 December 31, 2010

April 22, 2011 May 23,2011 July 1, 2011 September 5, 2011 October 10, 2011 December 26,2011 December 27, 2011 December 28, 2011 December 29, 2011 December 30, 2011

January 2, 2012 April 6, 2012 May 21,2012 July 1, 2012 September 3, 2012 October 8, 2012 December 24, 2012 December 25, 2012 December 26,2012 December 27, 2012 December 28,2012

January 1, 2013 March 29,2013 May 20,2013 July 1, 2013 September 2, 2013

Note: The above holidays shall correspond with the Chrysler Brampton Holidays.

Page 25 of42

24.02 If an employee is required to work on any of the paid holidays set forth in Article 24 he/she shall be paid at the rate of two (2) times his/her regular straight time hourly rate for all hours worked in addition to the holiday pay in accordance with Article 24.

24.03 Should any holidays mentioned under Article 24 fall during the vacation period of any employee, he/she shall be paid for such holiday at the regular rate in addition to his/her vacation pay.

24.04 The provisions outlined in A1iicle 24 shall only apply to employees who:

(a) Have completed their probationary period;

(b) Providing the employee works the full regular scheduled days immediately preceding and following the paid holiday. An employee who is absent from work on the regular scheduled work day preceding or following the paid holiday will be paid for the holiday provided he/she furnishes satisfactory proof that such absence was for reasonable cause, or he/she is excused by the Company. An employee shall not lose more than two (2) paid holidays for any one absence. Tardiness of up to two (2) hours the scheduled day prior to the holiday, and home early two (2) hours the scheduled day following the holiday will not be considered as failure to have worked the full schedule. An employee absent, on leave, layoff, or sick leave provided that such leave, layoff or sick leave must have commenced within thi1iy (30) calendar days of the holiday in question.

When an employee is on layoff, sick leave or an approved leave of absence and returns to work following the holiday, but during the week in which the holiday falls, they shall be eligible for pay for that holiday.

24.05 Holiday Bonus

The Company agrees that employees will receive all their Christmas holiday pay in.the nonnal payroll rotation.

ARTICLE 25- VACATION WITH PAY

25.01 Each employee will be granted an annual vacation with pay in accordance with the following provisions:

Less than 1 year

1 but less than 3 years 3 but less than 5 years 8 or more years

8 hour per month up to 80 hours; 4% of Employee's year's earnings prorated 80 hours; 4% of employee's year's earnings 100 hours; 5% of employee's year's earnings 120 hours; 6% of employee's year's earnings

The Vacation year will ~from January 1st through December 31st.

Page26of42

25.02 The above entitlements are based on the employee's seniority each vacation year when vacation is taken. Employees will be paid their conesponding vacation entitlement as they actually take their vacation.

25.03 Vacation shall not be accumulated from year to year.

25.04 In the event the employer decides to have a complete or partial vacation shutdown, all eligible employees will take their vacation at that time. The employer will post notice of shutdown by May 1st of each year.

25.05 An employee must use all available vacation time during vacation shutdown.

25.06 Employees whose vacation entitlement is not exhausted during the shutdown period will be eligible to take vacation at times mutually scheduled between the employee and employer. Where two (2) or more employees apply for the same vacation period and in the judgement of the employer, they cannot be allowed on vacation at the same time, the employee with the higher seniority will be given preference

25.07 Employees must submit vacation requests prior to April 15th of each year. If in by April 15th vacation will be granted based on seniority within the classification.

25.08 The Company will post the approved vacation schedule by May 1st of each year.

25.09 Any vacation requests after April15th will be on a first come, first serve basis.

25.10 The Company will reasonably and without prejudice consider ail requests and they will be granted if vacation requests do not impair the Company's ability to operate any departments within the plants in an efficient manner.

25.11 An employee who has not eamed enough vacation time to cover the customer shutdown period will be considered laid-off for the remaining days.

25.12 Vacations will be taken in a minimum of eight (8) hour increments.

25.13 If one of the paid holidays specified in this agreement is observed by the company on a normal working day (Monday through Friday) during an employee's vacation, he/she shall be entitled to an extra day of paid vacation, which shall be added to the beginning or

.end ofhis/her vacation period, at the discretion of the employee.

25.14 In the event of normally scheduled shutdown this day will be assigned at the beginning or end of the vacation period.

25.15 In the event an employee has not scheduled their vacation by July 1st in a particular year, the Employer reserves the right to schedule the employee's vacation at its discretion.

Page 27 of42

ARTICLE 26- SUBSTANCE ABUSE

26.01 Substance abuse is recognized to be a serious medical and social problem that can affect employees. The Company and the Union have a strong interest in encouraging early treatment and assisting employees towards full rehabilitation.

The Company will continue to provide a comprehensive approach towards dealing with substance abuse and its related problems. Company assistance will. include referral of such employees to appropriate counselling services or treatment and rehabilitation facilities.

The Company will provide a leave of absence and all normal group insurance benefits for up to thirty (30) days unless extended by mutual agreement or to the completion of receiving disability benefits to such employees while under a medically prescribed course of treatment.

ARTICLE 27- HEALTH AND SAFETY

27.01 The Company will make adequate provision for the safety and health of all employees during the hours of employment.

27.02 The Company will comply with all applicable legislation pertaining to occupation health and safety.

27.03 The Company and the Union jointly agree to promote measures to assure the health and safety of all employees.

27.04 The parties agree to set up a Health and.Safety Committee comprised as follows:

There will be three (3) members representing workers selected by the Union and three (3) members representing management selected by the Company.

The Health and Safety Committee will have co-chairpersons, one (1) co-chairperson elected or appointed by the members representing workers, and another elected or appointed by the members representing management. The co-chairperson representing workers will be granted reasonable necessary time to attend to his/her health and safety duties and responsibilities.

During any absences of the Union co-chairperson, the Company will recognize the a]temate Union co-chairperson, who will be selected by the Union. The alternate must be a member of the Joint Health and Safety Committee.

The Company will, within a reasonable time, arrange for the necessary training for the Co-chairpersons to become certified members.

27.05 In addition to the duties given to the Health and Safety Committee under applicable Occupational Health and Safety legislation, the committee will:

Page 28 of42

(a) Promote compliance withpc;:rtinent legislation.

(b) Meet at least once each month, or more regularly as mutually agreed, to review health and safety matters, local health and safety education, information programs, employee job related safety training including lift tmck training, compensable lost time accidents, workplace health and safety reports on such accidents, and to analyse. medical aid and first aid injuries and make any necessary recommendations.

(c) Designate one (1) member of the Committee who represents workers and one (1) member of the Committee who represents management to tour the Plant to inspect the physical condition of the workplace once per month as scheduled by the Health and Safety Committee.

(d) In accordance with the Act, to designate the co-chairpersons of the committee to investigate any accident where a worker is killed or critically injured at work. Should such an accident occur when the Union co-chairperson is not available, a designated alternate will participate in the investigation, and the Union co­chairperson will be provided with a copy of the investigation report and will participate in further investigation of the accident. In the case of any other accident involving personal injury resulting in lost time or any other major accident which does not result in lost time but indicates a high potential for such, or industrial disease claims, the Union co-chairperson shall be entitled to participate in any investigation. The Union shall receive a copy of all accident and WCB form 7 reports.

(e) Designate the co-chairpersons, or designates at times when the co-chairpersons are not available, to accompany Ministry of Labour or applicable govemment inspectors and Union Health and Safety professionals on plant inspection tours.

(f) The Company will provide the Health and Safety Committee with all data, test results, safety and accident information, which is necessary to perform their duties. In addition, accurate minutes will be taken of the meeting and distributed to each committee member and posted on the plant bulletin board.

(g) To develop and periodically review plant health and safety policies, procedures and practices and make recommendations in a spirit of continuous improvement, consistent with the Health and Safety Principals.

27.06 When measures or samples of the Occupational Environment are being taken, the Health and Safety Committee Union co-chairperson shall have the right to participate in and observe the measurements or samplings.

27.07 Protective-devices and other equipment deemed necessary to protect employees from disease and injury will be supplied by the company at no cost to the employee, with the exception of prescription safety glasses and safety shoes.

Employees will be furnished with foam ear plugs.

Page29 of42

27.08 If the Company undertakes any medical testing with respect to any employee, the Company agrees to provide to such employee and his/her physician, the complete results of any such tests or examinations.

27.09 No employee will be disciplined because the employee has acted in compliance with the Occupational Health and Safety Act as it is now written or hereafter amended.

27.10 National Union Health and Safety staff shall have access to the workplace provided reasonable advance notice is given to management.

27.11 The Company will provide required training course to the Co-Chainnan and new members of the Joint Health and Safety Committee, as requited by OHSA.

The training shall he· provided by a mutually agreed to agency provided the cost of said training is comparable to other training agencies.

27.12 Safety Talk Program

(a) The plant will establish a safety talk program.

(b) The Joint Health and Safety Committee members will participate m the development of the departmental safety talk program.

27.13 Safety Measures for New or Relocated Equipment

Priority will be given by Management to install in a timely fashion safety measures required for new or relocated equipment. In addition, Management representatives will review with the Co-Chairperson of the Joint Health and Safety Committee, plans for major process, equipinent and layout changes.

During this review process, management representatives will give consideration to comments from the Co-Chairperson of the Joint Health and Safety Committee when the health and safety of employees may be affected.

27.14 Minute of Mourning

Each year on April 28th at 11:00 a.m. employees will be allowed to cease work for one minute to remember those persons who have been injured or died in industrial accidents.

27.15 Safety Glasses

(a) The Company will supply safety glasses when required.

(b) The Company will provide you with a pair of safety glass~s. When an employee turns in this pair of safety glasses to be replaced due to wear, a new pair of safety glasses will be issued. The employee will be charged $10.00 for a pair of safety glasses when the employee does not tum an old pair.

. Pag~ 30 of 42

If an employee requires prescription safety glasses, the company will reimburse with a paid receipt up to $50.00 for prescription safety glasses every two years.

If the standard lenses or fi·ames are damaged as a result of an on-the job incident they will be replaced upon approval of management.

27.16 Safety Shoes

Effective September 27, 2010 the Company will pay up to fifty dollars ($50.00) towards the purchase of CSA approved safety shoes once every twelve (12) months. Employees will be required to provide proof of purchase (a receipt) and reimbursement will be made via payroll.

27.17 The Company recognizes that health and safety risks may be posed by heat stress. The joint Health and Safety Committee will develop a procedure for dealing with heat stress. Extra breaks, water, etc. All things will be considered.

27.18 The Company agrees that audiometric tests as required by law. Permanent records of audiometric tests will be maintained in each workplace.

27.19 The Company agrees to pay all costs for CPR and First Aid training courses including lost time. Such training shall comply with regulation requiring such training. Employees shall be trained on a voluntary basis.

27.20 The Health and Safety committee shall develop and recommend to the Company, guidelines for employee training and education.

ARTICLE 28- GROUP INSURANCE/HEALTH AND WELFARE INSl/RANCE I LIFE I AD&D AND WEEKLY INDEMNITY

28.01 The employer will provide the following benefits to all eligible employees and their eligible dependents. The cost of the benefits below, to the extent allowable under the plan, including any and all premiums shall be paid one hundred percent (100%) by the employer unless other otherwise stated.

28.02 Health Insurance - A comprehensive health plan will be offered including the following benefits effective October 1, 2010. If a change of carriers is needed the Company agrees that the new coverage will be maintained at or above the current coverage. The Employer agrees to provide the cmrent health care plan for all employees until the above carrier change occurs.

1. Healthcare

Deductibles a) In Canada Prescription Drug Expenses~---An amount equal to the dispensing

fee portion of the drug charge.

b) All other expenses Nil

Page 31 of42

c) Reimbursement Level 100%

d) Basic Maximums

Home Nursing $10,000.00 for a maximum of 12 months per condition In-Canada Prescription Drugs-Included Hearing Aids $500.00 every 5 years Custom..:fitted Orthopaedic Shoes $300.00 each calendar year Custom-made Foot 01ihotics $300.00 each calendar year

2. Paramedical Expense Maximums

Acupuncturists Chiropractors

· Massage Therapists N aturopaths Osteopaths Physiotherapists Podiatrists Psychologists Speech Therapist

3. Vision-care Expense Maximums

Glasses, Contact Lenses Lifetime Healthcm·e Maximum

4. Dental-care

$300 each calendar year $300 each calendar year $ 300 each calendar year $300 each calendar year $300 each calendar year $300 eacli calendar year $300 each calendar year $300 each calendar year $300 each calendar year

$200 every 24 months Unlimited

Payment Basis The dental fee guide in effect on the date treatment is rendered for the province in which treatment is rendered.

Deductable Nil

Reimbursement Levels

Basic Coverage Major Coverage Accidental Dental Injury Coverage

Plan Maximums

Accidental Dental Injury Treatment All Other Treatment

100% 50% 100%

Unlimited $1,500 each calendar year

The specifics of each item will be outlined in a plan document and provided by the Employer, in connection with the carrier.

Page 32 of42

28.03 Life Insurance- 150% of annual earnings to a maximum of$150,000

28.04 Optional Employee Life Insurance and Dependent Life Insurance for the employee's spouse and/or eligible child can be purchased by the employee and paid for through payroll deductions.

28.05 Accidental Death & Dismemberment Insurance (A.D. & D) has full coverage loss of life or loss of both: hands, feet or loss of sight of both eyes. The amount of this coverage will be that of the life insurance coverage listed in Article 28.03.

28.06 Weekly Indemnity: The Company shall provide coverage at 55% of the weekly base wage from the 4th day to the 14th day. EI coverage shall cover from the 14th day.

The benefits are offset by any disability and retirement income received from:

a) The Workers' Compensation Act, Workplace Safety and Insurance Act or other similar legislation.

b) Any automobile insurance policy which provides disability benefits as long as any benefits payable under the Employment Insurance Act are not taken into account when detennining the amount of benefits payable under the automobile insurance policy, and as long as the law does not prohibit such a deduction.

In cases where a WCB claim is in dispute or is being adjudicated, the Company will pay Weekly Indemnity benefits, subject to an appropriate waiver, provided the employee meets the eligibility requirements for weekly indemnity benefits. The Insurance Company must adjust coverage to cover claims for this provision.

The company shall have the right to recover the monies by any means available, including from vacation monies, if it is subsequently detennined that the employee was not entitled to such benefits.

If an employee is receiving weekly indemnity, workers' compensation or E.D.B, he/she and his/her eligible dependents will be covered for all benefits listed in Article 28 for the duration of the period for which such benefits are received.

28.07 a) If a dispute shall arise pertaining to this insurance plan and such dispute doe~ not involve a difference of opinion between two legally qualified physicians, the dispute shall be handled in the following manner:

(1) The employee, the Union and the Company shall review the matter.

(2) If agreement is not reached at such meeting, the Union may present a Grievance as described in the Grievance Procedure of the collective agreement and such grievance shall be discussed within five (5) working days from the date the grievance was submitted. to the Company; unless it is mutually agreed to extend the period.

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(3) If the matter is not resolved through the Grievance Procedure, the arbitration provisions of the collective agreement may be invoked.

b) If a dispute shall arise involving a difference of opinion between two legally qualified physicians, the dispute shall be handled in the following manner:

(I) The employee shall continue on disability claim during the period of dispute. The company shall have the right to recover the monies by any means available, including from vacation monies, if it is subsequently dete1mined that the employee was not entitled to such benefits.

(2) The Union and the Company shall review the matter and determine the type of third party medical opinion (ie. General Practitioner or Specialist).

(3) The Union and the Company shall agree on the legally qualified physician who will render the binding third party opinion. Agreement on the third party shall be reached in a reasonable and expeditious manner.

28.08 Long Term Disability Income Benefits

Waiting Period 120 days

Maximum Benefit Period To age 65

Amount 60% of your monthly earnings to a maximum benefit of$3,000.

28.09 In the event of layoff all insurance coverage shall be maintained for the following periods, with the exception of Weekly Indenmity and Extended Disability insurances:

a) One (1) month following the month employment is interrupted.

28.10 If an employee is rece1vmg weekly indemnity, workers' compensation or extended disability benefits, he/she and his/her eligible dependents will be covered for all benefits listed in Article 28 for the duration of the period for which such benefits are .received.

28.11 Not withstanding 2802, the company reserves the r{ght to change carriers for STD·, LTD, & Life insurance, provided the coverage's are maintained at cuiTent levels or better.

ARTICLE 29- NEW EMPLOYEE ORIENTATION

29.01 The Company 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 and shall be provided with a copy of the collective agreement.

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29.02 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.

The Union shall be allowed to meet with new employees as they are hired and before they receive their respective clock #'s, to explain their status up to achieving seniority and to present the employee with Union, new member orientation material.

The above meeting will be conducted by one of the following:

Plant Chairperson, Vice-Chairperson or Recording Secretary, during their respective representation time as outlined in Article 29 of the Collective Agreement.

The above meeting shall be held within ten (1 0) days of the employee starting work and shall not exceed thirty (30) minutes

ARTICLE 30- HOURS OF WORK

30.01 The nmmal hours of work for all employees shall be eight (8) hours per day, the normal working week shall be forty ( 40) hours, Monday to Friday, inclusive.

30.02 The hours of work on each shift operation shall reflect our customer's shifts

Employees shall have a thirty (30) minute unpaid lunch

30.03 Employees requested to work prior to the strui of their regular shift will be allowed to work to the end of their shift.

30.04 There shall be two (2) ten (1 0) minute rest periods on each shift.

30.05 The Company will not transfer an employee to another shift once the work week has . started, within the first twenty-four (24) hours of the start of the shift they are being transferred from, unless mutually agreed upon by all parties.

30.06 The Company will allow employees to switch shifts with another employee provided three (3) days notice in writing, signed by both employees is given to the Company and provided each employee is in the same classification and able to perform the job of the other employee. The Company will consider requests with less than three (3) days notice for legitimate reasons.

Shift changes will only be allowed for up the two (2) weeks at a time.

Such changes will not be allowed if it results in overtime being paid or causes an employee to work a back to back shift.

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ARTICLE 31 - TECHNOLOGICAL CHANGE

31.01 Definition

"Technological change" is defined as changes in technology to the process, equipment or methods of production that differs significantly from that previously utilized by the Company.

31.02 Advance Notice

· In the event of a technological change as defined above, the Company will give the Union as much notice as possible.

31.03 Consultation

In the event of a technological change as defined above, the Company will meet with the Union committee within five (5) working days of the advance notice to advise and discuss the nature of the technological change, the approximate date the company proposes to effect the change, the approximate number of employees likely to be affected by the technological change and the.effect the technological change may have on the working conditions and conditions of employment.

31.04 New Positions

A new position created as a result of a technological change will be posted in accordance with Article 31 of the Collective Agreement.

31.05 Training

Where new or greater skills are required, such employees shall, at the expense of the Company, be provided with training to enable the affected employee to perform his/her previous job functions as affected by the technological change. The parties agree to discuss appropriate training for the specific changes identified.

31.06 Protection of Bargaining Unit Jobs

No job currently perforrried by a bargaining unit member will be reclassified as a non­bargaining unit job as a direct or indirect result of technological change.

ARTICLE 32- CONTINUING EDUCATION

32.01 Employees with one (1) or more years of seniority who desire to further their education may make an application to the Personnel Department to go on a steady shift for the length of such education.

Approval for such change shall be conditional on the following:

(i) Thirty (3 0) calendar days prior notice in writing stating: course name, educational facility, starting date and duration of course;

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(ii) Employee provides evidence of acceptance to education program within five (5) days of the start of their course;

(iii) Employee finds someone to switch shifts, who are in the same classification, performing similar work and who is willing and able;

(iv) That no more than ten (10) employees will be allowed to exercise the above clause at the same time;

(v) If an employee fails to attend, discontinues the course, or fails to pass the course they are emolled in, the said employee will not be able to exercise this clause for a period of one (1) year.

The employee must be required to attend school at least two (2) days per week to be eligible for this arrangement.

Employees who attend class one (1) day per week will only be allowed to change shifts for the day on which their class occurs, provided another employee agrees to switch shifts and there are no back to back shifts.

32.02 Tuition Fees and Books

The Company recognizes the importance of continuing education, and encourages employees to participate and investigate job-related furtherance of those skills. Employees are invited to approach management regarding courses of this nature; all requests shall be considered and will not be unreasonably denied. Programs approved will be reimbursed by the Company, to include all necessary books and tuition fees, upon successful completion. It is understood and agreed that reimbursement for any employee pursuant to this Article will not exceed $250.00 per course nor will it exceed $1,000.00 in any one (1) calendar year. It is understood that this provision is not applicable to CPR and to First Aid training courses.

ARTICLE 33 -INJURY ALLOWANCE

33.01 An employee injured on the job shall be paid for the balance of his/her 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 and a doctor at such hospital or the employee's own doctor certifies that the employee should not return to work. ,

The Company will provide transportation, for such injured employee.

ARTICLE 34- BULLETIN BOARDS

34.01 The Committee will have the use of.bulletin_boards in the plant for the posting of Union notices.

Such bulletin boards will be supplied by the Company. Bulletin boards will be provided in the area of the time clock.

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ARTICLE 35- LOCKERS

35.01 The Company agrees to provide lockers to all employees.

Such lockers shall be assigned and placed in areas designated by the employer.

ARTICLE 36- COPIES OF THE CONTRACT

36.01 The Company agrees to provide the Union with forty five (45) copies of the Collective Agreement within three (3) months after text approval.

ARTICLE 37- STRIKES DR LOCKOUTS

37.01 The Company agrees it will not cause or sanction a lockout and the union agrees it will not counsel or authorize any strike during the lifetime of this agreement.

Further, the Company and the Union agree to abide by the Ontario Labour Relations Act with respect to strikes and lockouts.

ARTICLE 38- SKILLED TRADES SUPPLEMENTARY AGREEMENT

38.01 The Company and the Union agree to negotiate an apprenticeship program. The apprenticeship standards shall be in keeping with the standards of the National Union, CAW. The apprenticeship standards when completed shall be considered as an inseparable part to this Supplementary Agreement.

In the event the Company determines that it requires Journeypersons to perform skilled Trades functions, or is required by law to hire J oumeypersons to perform Skilled Trades functions, the Company will meet with the Union to negotiate a Skilled Trades Supplemental Agreement.

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ARTICLE 39- WAGES AND CLASSIFICATIONS

39.01 Job Classifications and Full Pay Rates 10/4/10 4/4/11 10/4/11 4/4/12 10/4/12 4/4/13

Assembler

14.50 14.75 15.00 15.25 15.50 15.75

Material Handler

14.70 14.95 15.20 15.45 15.70 15.95

QC

15.10 15.35 15.60 15.85 16.10 16.35

Maintenance

25.00 25.25 25.50 25.75 26.00 26.25

Maintenance will receive up to a $300 tool allowance per year. The allowance will be paid upon verified receipt.

39.02 New Hire Wage Progression

Newly hired employees will start at ninety percent (90%) of the start rate listed above for the job classification they are performing; after 6 months they will be increased to ninety­five percent (95%); after 12 months they will receive the full start rate of pay for the job classification they are perfonning.

At the time of ratification, active seniority employees will be moved immediately to the Start Rate wage. Probation employees will move to the appropriate newly hired wage progression wage based on their seniority and continue to move through the New Hire Wage Progression.

ARTICLE 40- Dl!RATJON

42.01 This Agreement shall be effective from the 4th day of October, 2010 to and including the October 3rd, 2013. Either pmiy 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 ninety (90) days before the expiry date of the Agreement. Following such notice to bargain, the parties shall meet within fifteen (15) days of the notice or within such further period as the parties mutually agree upon.

It is agreed that during the course of bargaining, it shall be open to the parties to agree in writing to extend this Agreement beyond the expiry date of the 3rd day of October 2013 for any stated period acceptable to the parties and in accordance with the Labour Relations Act.

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It is understood that, during any negot_iations following upon notice of termination or notice or amendment, either party may bring forward counter proposals arising out of or related to the original proposals.

The parties reserve the right to add to or modify their proposals during negotiations.

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 cuiTent address of the other party.

ARTICLE 41 -LETTERS OF UNDERSTANDING

LETTER OF UNDERSTANDING #1 RE: SHIFT ROTATION AND/OR SELECTION

During contract negotiations the parties discussed issues regarding a fair shift rotation and steady shift selection.

It is agreed between the parties that there will be a shift rotation every two weeks (2) on the same schedule as the customer shift rotation.

Any employee may request a permanent assignment to the second shift. In the event of a pennanent assignment to the second shift the most senior employee plant wide in the same classification shall be offered the chance for a permanent assignment to the day shift.

In the event no employee requests pennanent assignment to the day shift the most junior employee plant wide in the same classification shall be pem1anently assigned to the day shift.

All other employees shall be subject to the shift rotation.

LETTER OF UNDERSTANDING #2 RE: SENIORITY LIST

Upon the effective date of this agreement there shall be a lottery drawing to detennine each employee's position on the seniority list.

Any future hires will be in accordance with Article 12.

LETTER OF UNDERSTANDING #3 RE: HOURS OF WORK FOR EMPLOYEES

This letter confirms the understanding between the Company and Union that every employee may voluntarily perfonn work in excess of the limits established in the Employment Standards Act 2000 ("the Act") of eight (8) hours in a day and forty-eight ( 48) hours in a week. Upon request of the Company employees may work up to sixty ( 60) hours in a week. The letter of understanding is only intended to facilitate the Company's application for an excess approval from the Director of Employment Standards to work excess hours as a result of recent amendments to the Act.

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As outlined in the Act, an employee's Union niay revoke this agreement two weeks after giving notice to the Employer, and the Employer may revoke this agreement after giving notice to the Employee's Union.

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MEMORANDUM OF SE1TLEMENT

The undersigned representatives of Oakley Sub Assembly, Windsor, Ontario and National Automobile Aerospace Transportation and General workers Union of Canada and its C.A .. W Local1285 unanimously agree acceptance of this agreement by their members.

Dated in the 2 ? day of JA:/) ~~A~ FOR THE COMPANY

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