COLLECTIVE AGREEMENTBetween

K+S Windsor Salt Ltd.– OJIBWAY MINE –

and

Unifor and its Local 1959

Signed: February 16, 2017Effective: February 16, 2017Expiring: February 15, 2020

Any disputes arising over any interpretation of the languageprinted in this booklet, the original signed collective agreementpapers will be consulted, and if any differences or discrepan-cies occur between the two, then the original signed collectiveagreement will prevail over the printed words in this booklet.

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TABLE OF CONTENTSARTICLE SUBJECT PAGEMemorandum of Agreement.................................. 71 Recognition............................................. 82 Union Representation.............................. 113 Co-Operation.......................................... 224 Seniority................................................... 27 5 Job Posting............................................... 33 6 Hours of Work.......................................... 437 Overtime.................................................. 51 8 Wages, C.O.L.A. and Classification........ 76 9 Layoff and Recall .................................... 80 10 Vacation................................................... 8611 Paid Holidays........................................... 96 12 Bereavement, Jury Duty,

Leaves of Absence................................. 10213 Safety and Health................................... 10914 Health and Welfare Benefits.................. 12015 Skilled Trades........................................ 12716 Employment of Hoistpersons................ 14017 Contracting Out..................................... 14318 Discipline and Grievance Procedure..... 14419 Arbitration............................................. 15220 Termination of Agreement..................... 15421 Notices....................................................155Letter of Understanding #1 Day of Mourning... 156 Letter of Understanding #2 Utility Qualifictions..., 156Letter of Understanding #3 Training................. 157

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Letter of Understanding #5 Lockers................... 160Letter of Understanding #6 Packaging/Loading 161Letter of Understanding #7 Work Schedule........ 161Letter of Understanding #8 Shaftpersons...........162 Letter of Understanding #9 Overtime Meals......162Letter of Understanding #10 Chemsal Club

Activities.................163Letter of Understanding #11 T-4 Slips................. 163Letter of Understanding #12 Drug & Alcohol..... 164Letter of Understanding #13 Pregnancy/Parental

/Adoption Leave.... 163Letter of Understanding #14 Contracting Out to

Other Sources........ 166Letter of Understanding #15 Job Standards......... 168Letter of Understanding #16 Right To Privacy.... 168Letter of Understanding #17 Leave Of Absence.. 169 Letter of Understanding #18 LHD and Other

Duties...................... 170 Letter of Understanding #19 Underground Skilled

Trades WorkingAlone..................... 170

Letter of Understanding #20 Hoistman Duties..... 171 Letter of Understanding #21 Rotesco.................. 172Letter of Understanding #22 Disability Wage

Dispute Mechanism 172Letter of Understanding #23 Special Assignments 174Letter of Understanding #24 Underground Skilled

Trades Persons UsingScaler-Forklift......... 175

Letter of Understanding #25 Right to Refuse...... 175Letter of Understanding #26 Medical Review..... 177Letter of Understanding #27 Job Postings - Mine

Department............ 177Letter of Understanding #28 Boat Loading.......... 179

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Letter of Understanding #29 Blood Clinic.......... 179Letter of Understanding #30 Electrical work on

Mobile Equipment 180Letter of Understanding #31 U/G Maintenance

Labourer Review... 180 Letter of Understanding #32 Early Safe Return to

Work....................... 181Letter of Understanding #33 Hours of Work....... 184Letter of Understanding #34 Christmas Non-

Holiday Procedure 184Letter of Understanding #35 Coveralls/Rainsuits 185Letter of Understanding #36 Local 1959 President

/Plant Chairperson.. 186Letter of Understanding #37 Weekly Scheduling

Procedure............... 187Letter of Understanding #38 Skilled Trades

Annual Shutdown... 190Letter of Understanding #39 Temporary Job

Shutdown................ 191Letter of Understanding #40 Temporary Job

Cancelation............. 193Letter of Understanding #41 Workplace

Harassment............. 194 Letter of Understanding #42 Overtime Disparity.. 197Letter of Understanding #43 Surface Maintenance

Outside Stacker.........198Letter of Understanding #44 Pay Continuance...... 198Letter of Undertanding #45 CWB Certification

Study.......................... 198Letter of Understanding #46 Retiree Function........ 199Letter of Understanding #47 Mine Departmnt

Pay Grades................ 2005

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Letter of Understanding #48 Mill DepartmentPay Grades................ 201

Letter of Understanding #49 Development Miner. 202

Sign Off Sheet...................................................... 206

Schedule "A" – Hourly Wage Rates.................... 207Schedule "B" – Master Seniority List.................. 211Schedule "C" – COLA Tables.............................. 214Schedule "D" – COLA Tables.............................. 215

Employees’ Handbook.......................................... 217

MEMORANDUM OF AGREEMENT

AGREEMENT entered into this 16th day ofFebruary, 2017.

BETWEEN:

K+S WINDSOR SALT LTD.hereinafter called the "COMPANY"

andUNIFOR AND ITS LOCAL 1959hereinafter called the "UNION".

WITNESSETH THAT: WHEREAS the Company is op-erating a Salt Mine and Mill, located at Windsor, On-tario, known as the Ojibway Mine and hereinafterreferred to as the "said Mine", and WHEREAS, theCompany and the Union wish to cooperate in obtainingefficient and unrestricted production of the said Mine, inmaintaining a harmonious relationship between theCompany and its employees and in providing a methodof settling in an amicable manner any differences orgrievances which may arise from time to time at the saidMine.

NOW, THEREFORE, in consideration of the mutualcovenants and agreements hereinafter contained, the par-ties hereto have agreed as follows:

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ARTICLE 1 – RECOGNITION1.1.0 This agreement shall be pursuant to the laws ofthe Province of Ontario and covers all employees of theCompany employed at the said Mine save and except,shift bosses or forepersons, assistant forepersons, actingforepersons and persons above the rank of shift boss orforeperson, office staff and security guards.

1.2.0 The Company recognizes the Union during theterm of this agreement as the exclusive bargaining agentof the employees for the purpose of collective bargainingin respect of wages, hours, seniority, grievance proce-dure and other working conditions.

1.3.0 The Union recognizes the right of the Companyto manage the said Mine and direct the workingforces including the right to hire, promote ortransfer any employee and to demote, suspend,discipline or discharge any employee for justcause. In the interest of the efficient operationof the said Mine, the Union agrees that theCompany may change hours of work, deter-mine or change work assignments or methodsand select the materials to be handled,processed or manufactured and to determine allother matters concerning the operation of theCompany’s business not specifically dealt withelsewhere in the agreement. Any such actionof the Company shall not be inconsistent withthe express terms of this agreement and any

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such action which results in individual hardshipor injustice, shall be subject to the grievanceprocedure.

1.4.0 The Union further recognizes the right of theCompany to make and to alter from time totime rules and regulations to be observed by theemployees, which rules and regulations shallnot be inconsistent with the provisions of thisagreement or laws of the Province of Ontarioand shall be written and posted whenever prac-ticable. The Company agrees to discuss, withthe Union, changes in such rules and regula-tions before posting. Within ninety (90) daysfollowing ratification of the collective agree-ment, the Company will provide the Union witha document setting out the parameters it uses indetermining whether an employee has an atten-dance issue and forward to the Union.

1.5.0 This agreement shall be binding upon the suc-cessors to and the assigns of the Company inthe same way and to the same extent as if suchsuccessors or assigns were parties of this agree-ment.

1.5.1 Any employee permanently laid off by the clo-sure of the Ojibway Mine Facility or any de-partment thereof may request to relocate toanother K+S Windsor Salt Ltd. Salt operationthat has an opening, but must do so withintwelve months of their lay-off, and must meet

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the qualifications for the open and available po-sitions. A listing of open and available positionsat each facility will be provided by the Com-pany at the time of layoff. Such relocating em-ployee shall bear the full cost of relocation, butwill have their years of service with the Com-pany recognized at the new location, subject toany applicable Collective Bargaining Agree-ment, if any.

1.5.2 It is also agreed that employees so transferredwould retain existing service and Companybenefits. In addition, employees would retainexisting seniority, subject to the provisions ofany applicable collective agreement and/or theprovisions of any applicable statue.

1.6.0 The Company and the Union agree that neitherwill discriminate against any employee on ac-count of race, ancestry, place of origin, colour,ethnic origin, citizenship, creed, sex, sexual ori-entation, age, marital status, family status,handicap, political affiliation, record of of-fences or Union membership.

1.7.0 Words importing the masculine gender includefemales as well as males unless the contrary in-tention appears.

1.8.0 The Letters of Understanding exchanged be-tween the parties on the signing of this Collec-tive Agreement and to be printed with the

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Agreement are part of the Collective Agree-ment and are binding upon the parties heretoduring the term of this Agreement.

1.9.0 Employees who were laid off or resigned fromemployment at Windsor Works and subse-quently entered employment at the OjibwayMine within a period of twelve (12) monthsshall be credited with time worked at the Wind-sor Works in calculating pension and vacationeligibility.

ARTICLE 2 – UNION REPRESENTATION2.1.0 The Union shall elect or appoint and the Com-

pany agrees to recognize a Union Plant Com-mittee of six (6) members. One (1) shall be thePlant Chairperson and four (4) shall be Com-mitteepersons, one (1) from each of the follow-ing departments: Mine, Mill, SurfaceMaintenance and Underground Maintenance.The sixth shall be a National Representative,provided further that the Local President mayattend, if required. Effective after the May 2017 Union election,the Union Plant Committee will comprise offive (5) members consisting of a Plant Chair-person and three (3) Committeepersons, depart-mental coverage to be determined by theUnion. The fifth shall be a National Represen-tative, provided further that the Local President

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may attend, if required. Effective 1 May 2019, the Union Plant Com-mittee will consist of four (4) members, a PlantChairperson and two (2) Committeepersonswith departmental coverage to be determinedby the Union. The fourth shall be a NationalRepresentative, provided further that the LocalPresident may attend, if required.

2.2.0 The Union shall elect or the Union shall appointand the Company agrees to recognize one (1)Steward for each shift worked in each depart-ment which is not represented by a Commit-teeperson on the day shift, a steward may beappointed by the Union to act in the place of aCommitteeperson when the latter is absentfrom the mine site.

2.2.1 The Company agrees to recognize the PlantUnion Committee and a National Representa-tive of the Union and the Local Union Presidentor his/her alternate as the Union NegotiatingCommittee.

2.3.0 The Union shall notify the Company in writingof the names of the Plant Chairperson, Com-mitteepersons and Stewards and the effectivedates of their elections or appointments.

2.3.1 The Union Plant Committee has the sole au-thority to designate all geographic area repre-sentation and the WSIB Representative for the

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Union within the confines of the Ojibway MineFacility, of K+S Windsor Salt Limited.

2.3.2 The Union shall notify the Company, in writ-ing, of the name of Members of the LocalUnion Executive Board and the effective datesof their elections or appointments.

2.4.0 Should a designated representative of the Unionbe absent the Company shall recognize an al-ternate representative provided the Companyhas been notified in writing concerning suchappointment. The Company will also permit acommittee person(s) to be off site for unionbusiness provided the Union provides at leastone (1) week’s notice. In the event the Union isnot appointing an alternate representative to re-place a committee person(s) who is to be offsite, such notice can be reduced to at least one(1) work day, in writing.

2.5.0 It is understood and agreed that the Plant Chair-person/Local Union President, Committeeper-sons and Stewards have their regular duties asemployees to perform. Such a representative shall, however, afterproper notification to his/her foreperson, bepermitted within one (1) hour during his/herworking hours and without loss of time or pay(including premiums) to leave his/her regularduties for the purpose of Union Business.

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2.5.1 It is agreed that a reasonable amount of timewith pay will be allowed for this purpose, notto exceed: In the case of:

(a) Plant Chairperson/Local Union President-forty (40) hours per week of which he/sheshall be permitted to be absent from theplant twenty four (24) hours in each weekprovided written notice is given to the Man-ager of Human Resources prior to leaving.During these absences no replacementChairperson will be appointed.

(b) Underground Committeeperson – a maxi-mum of eighteen (18) hours in a two (2)week period.

(c) Surface Committeeperson – a maximum ofthirteen (13) hours in a two (2) week period.

(d) Underground Steward – a maximum ofeight (8) hours in a two (2) week period.

(e) Surface Steward – a maximum of eight (8)hours in a two (2) week period.

Effective after the May 2017 Union election,the Union Committee will consist of a PlantChairperson and three (3) Committeepersons.These positions will be considered as ‘full-time’. The Plant Chairperson will utilize hours

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as outlined in 2.5.1 (a). The three (3) Commit-teepersons eligible hours will be the hours out-lined in 2.5.1 (b) to 2.5.1 (e) as part of the “fulltime” hours.

Effective 1 May 2019, the Union Committeewill consist of a Plant Chairperson and two (2)Committeepersons. These positions will beconsidered as ‘full-time’. The Plant Chairper-son will utilize hours as outlined in 2.5.1 (a).The two (2) Committeepersons eligible hourswill be the hours outlined in 2.5.1 (b) to 2.5.1(e) as part of the “full time” hours.

2.5.2 One (1) Committeeperson so designated by theUnion, in writing, shall be given the balance ofhis/her regularly scheduled work week, in ad-dition to his/her allocated hours pursuant to Ar-ticle 2.5.1 above, for the purpose of handlingWSIB and Occupational Health and Safetymatters. Only the Chairperson/Local UnionPresident and the designated WSIB/Occupa-tional Health and Safety Committeepersonshall be permitted time off for the purpose ofhandling WSIB matters.

The WSIB/Occupational Health and SafetyCommitteeperson shall function as the Co-Chairperson of the Occupational Health andSafety Committee. This person must be a cer-tified Health and Safety Representative.

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The duties of the WSIB/Occupational Healthand Safety Committeeperson shall be as fol-lows:

WSIB

1. Representing bargaining unit members withrespect to WSIB claims/appeals.

2. Meeting with the Company to discuss ongo-ing WSIB issues and cases.

3. Assisting in the development and evaluationof employee Early Safe Return to Work Pro-grams.

4. Receive copies of Form 7’s and FAF’s and toprovide these to the Union within one (1)week of filing with WSIB.

Occupational Health and Safety

1. All duties prescribed in Article 13.3.0. of theCollective Agreement.

2. Accompany the Inspector of the Ministry ofMines or their designate/agent on any in-spection of the plant site.

3. Receive copies of accident investigation re-ports of safety incidents, including NearMiss forms and Report to Foremen forms.

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4. Participate in the formal investigation of losttime, medical aid injuries and safety relatedincidents or concerns and to receive copiesof all signed statements made at such meet-ings within four (4) days.

5. Receive copies of all Treatment Memoranda.

A formal health and safety related incident in-vestigation shall not commence without theUnion Health and Safety Committeepersonor designate present.

2.5.3 The Company will provide OHSA certificationtraining for up to five (5) members of the UnionCommittee.

2.6.0 On weekend work, reasonable time off withpay for Union Business will be allowed up to amaximum: In the case of:(a) Plant Chairperson – four (4) hours.(b) Underground Committeeperson – one and

one-half (1 ½) hours. (c) Underground Steward – one (1) hour. (d) Surface Committeeperson – one (1) hour.

(e) Surface Steward – one (1) hour.

2.6.1 The Union undertakes that time taken forUnion Business on the weekend days will not

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be misused when modified production shifts orboat loading shifts are working.

2.6.2 The aforementioned time limits shall be appli-cable to each separate weekend day (Saturday,Sunday) and such time limits shall be non cu-mulative. It is clearly understood that the nor-mal weekly time limits cannot be borrowedfrom or carried into weekend days nor can theSaturday allowance be carried over into Sun-day. Each weekend day stands absolutely onits own. These time limits shall be exclusive oftime spent with Company representatives atscheduled grievance meetings, Labour Man-agement meetings and safety meetings. It isalso agreed that additional time off without paymay be granted to the Plant Chairperson andCommitteeperson after suitable arrangementshave been made in advance with the Company.

2.6.3 For the purpose of this Article, Union Businessis defined as the handling of employee com-plaints and grievances arising out of the admin-istration of the Collective Agreement orindividual employee problems arising out oftheir employment with the Company. With re-spect to the Chairperson and the designatedCommitteeperson, Union Business shall in-clude time spent on Workers’ Safety & Insur-ance Act problems as set out in 2.5.2.Employees requesting to see the representative(or alternate) for their department on matters as

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described above will be allowed to do so with-out unreasonable delay. “Unreasonable delay”is defined as generally not exceeding one (1)hour.

2.7.0 The Plant Chairperson, Committeepersons andStewards will notify their foreperson when theyare commencing Union time pursuant to Article2.5.1. As well, the Plant Chairperson, Commit-teepersons and Stewards will notify theirforeperson when they are returning to their du-ties following Union time. This requirementwill not apply when there are no supervisors onsite.

2.8.0 The Plant Chairperson/Local Union Presidentand the Committeepersons shall be permittedto work on the day shift. The Plant Chairper-son/Local Union President and Committeeper-sons will be permitted to return to the regularjob they held immediately prior to their electedoffice or appointment unless the job is occupiedby an employee having greater seniority who isoccupying the job as the result of a reduction inthe workforce.

2.8.1 A Committeeperson shall have the option towork on the day shift from 8:00 a.m. to 4:00p.m. on the day when Company-Union meet-ings are scheduled.

2.8.2 Should a Committeeperson be transferred to alower classification for a temporary period,

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he/she shall retain the rate of his/her regularclassification during such temporary transfer.

2.8.3 It is understood and agreed that nothing con-tained in Article 2.8.0 shall be construed to re-strict a Plant Chairperson/Local UnionPresident’s or Committeeperson’s right to applyfor a permanent vacancy during his/her tenurein office, or restrict his/her right to be placed onsuch job at the end of his/her term in office,should he/she be the successful applicant.

2.9.0 The Company agrees to continue to make avail-able to the Plant Chairperson/Local Union Pres-ident and Committeepersons, an officeequipped with a desks, chairs, (3 private tele-phone lines with 4 phones) and filing cabinetsand air conditioner located on surface, for thepurpose of dealing with complaints or griev-ances arising out of the administration of theagreement or individual employee problemsarising out of their employment with the Com-pany, along with required services.

2.10.0 The Company shall pay for the first eight (8)days, to a maximum of sixty-four (64) hours atstraight time, for each employee member of theUnion Negotiating Committee, for time spentin contract negotiations. In addition to theabove time allowance the Plant Chairpersonshall be paid up to an additional eight (8) days,to a maximum of sixty-four (64) hours at

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straight time, for time spent in contract negoti-ations.

2.11.0 If the elected President of Unifor Local Union1959 is a member of the Ojibway Mine bargain-ing unit, the Company will recognize the LocalUnion President as Chairperson of the OjibwayPlant Committee during his/her term of office,pursuant to the terms of the Local Union/PlantUnit bylaws. Where the term “Plant Chairper-son” appears in this Collective Agreement it isdeemed to mean Local Union President.

2.11.1 If the elected President of Unifor Local Union1959 is a member of the Windsor EvaporationFacility bargaining unit, a Plant Chairpersonwill be elected at Ojibway pursuant to the termsof the Local Union/Plant Unit bylaws and theCompany will recognize this person as theChairperson of the Plant Committee, at Ojib-way.

2.11.2 In the event of the absence of the Plant Chair-person/Local Union President, a member of theOjibway Mine Plant Committee may be ap-pointed by the Union as acting Chairperson forthe duration of this absence, subject to the pro-visions of Article 2.5.1 (a).

2.12.0 Employees will not be charged for missingovertime if they attend a Union meeting that isheld on a Sunday on the following conditions:

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i) notice of the Union meeting has been postedas scheduled for at least one (1) week; and

ii) the Union provides the copy of the sign-insheet for such meeting.

Employees that claim an exemption under thisclause and do not attend the union meeting forany reason will be charged for the overtime thatthey would have been eligible to work.

2.13.0 Union Orientation- During new employee ori-entation, the Union will be permitted up to one(1) hour for the Union Chairperson and/or theapplicable Committeeperson to meet with thenew employee to discuss the Union’s role in theworkplace.

ARTICLE 3 – CO-OPERATION3.1.0 The Company agrees to make weekly equal de-

ductions in amounts of five ($5.00) dollars ormore per deduction, rounded off to the nearestdollar, upon receipt of a duly signed authoriza-tion form. The aforementioned monies shall beremitted to The Windsor Family Credit UnionLimited, 3000 Marentette Avenue, Windsor,Ontario, N8X 4G2 on a weekly basis when de-ducted. The deductions to Windsor FamilyCredit Union may include RRSP contributions.As well, the Company will make deductions forCanada Savings Bonds.

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3.1.1 The Company will keep the pay stubs in a pri-vate location in the gatehouse. In the eventsome pay stubs are not distributed on payday,the remaining pay stubs will be kept secure.

3.2.0 Effective February 16, 1987, the Companyagrees to pay into a special fund, two (2) centsper hour per employee for all hours worked forthe purpose of providing paid educationalleave. Such paid educational leave will be forthe purpose of upgrading employees’ skills inall aspects of Union functions. Such moniesshall be paid on a quarterly basis into a trustfund established by the National Union, Uniforand sent by the Company to the Unifor PaidEducational Leave Training Program, P.O. Box897, Port Elgin, Ontario, N0H 2C0.

3.2.1 The Company further agrees that a maximumof two (2) members of the bargaining unit at atime selected by the Union to attend suchcourses, shall be granted a leave of absencewithout pay for a maximum of twenty-five (25)days per year. Employees on such leaves of ab-sence shall continue to accrue service and sen-iority.

3.3.0 The Company agrees to erect lockable bulletinboards for the use of the Union in each depart-ment and in the gatehouse. The subject matterof such notices posted therein shall be restrictedto matters pertaining to recreational or socialactivities, notices of meetings, notices of Union

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sanctioned rallies, notices of education classes,notices or results of elections in connectionswith affairs of the Union and provided furtherthat no notice shall be posted which containsadvertising or political matter.

3.4.0 The Union agrees that it will not distribute orpost any pamphlets, advertising or politicalmatter, cards, notices, or any kind of literaturewithin the said Mine or its appurtenances ex-cept as herein provided.

3.5.0 The Union agrees that it will not cause, author-ize or sanction, nor permit its members to causeor take part in, any sit-down, stay-in, or slow-down in any department or any strike or stop-page of any of the Company’s operations or anycurtailment of work or restriction or interfer-ence with production or any picketing of theCompany’s premises during the term of thisagreement.

3.6.0 The Company agrees that it will not cause orsanction a lock-out during the term of thisagreement.

3.7.0 All employees who are members of the Unionas at the date of this agreement will be requiredto continue to be members of the Union as acondition of employment with the Company.

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3.8.0 Any employee who is hired subsequent to thedate of this agreement shall become a memberof the Union within thirty (30) days of his/herhiring and will be required to continue to be amember of the Union as a condition of his/heremployment.

3.9.0 The Company will deduct from the pay of eachemployee who is a member of the Union themonthly dues, initiation fees and other assess-ments and dues authorized by the Constitutionof the Union and the By-laws of the LocalUnion. Union dues will be deducted from reg-ular pay and vacation pay.

3.10.0 It is agreed that T-4 slips will show union duesdeductions from the previous year’s earnings.

3.11.0 The Company will deduct from the pay of eachemployee who is not a member of the Union asat the date of this agreement the monthly duesfor general union purposes as authorized by theConstitution of the Union. It shall be a condi-tion of remaining in the employ of the Com-pany that such employee authorize theCompany to make such deduction.

3.12.0 All sums deducted as above together with arecord of those from whose pay deductionshave been made and the amounts of such de-ductions shall be remitted by the Company to

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the Financial Secretary of the appropriate Localby the end of the third week of the month inwhich the deductions were made. The remit-tance shall be by cheque issued prior to the endof the third week of the month.

3.13.0 The monthly Union dues list submitted to theFinancial Secretary will also show the name ofeach employee from whose pay deductions forUnion dues or assessments have not been madeand the reasons no deductions were made.

3.14.0 The recording in the books of the Company ofthe amounts so deducted shall constitute suchamounts as money held by the Company intrust for the appropriate Local.

3.15.0 Any employee shall have the right to become amember of the Union by paying the entrancefee and complying with the Constitution andBy-laws of the Union.

3.16.0 No employee shall, however, conduct union ac-tivities during working hours except as specif-ically permitted in this agreement.

3.17.0 Labour Management Committee – In order toprovide a more harmonious and continuing di-alogue between the Company and the Union,(and the National Representative, if requestedby the Union), it is agreed that a meeting be-tween the parties will be arranged to take place

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each month to discuss items of mutual interestor concern. A list of items to be discussed shallbe exchanged between the parties at leasttwenty-four (24) hours in advance of the pro-posed meeting. Should there be no items fordiscussion the meeting will be cancelled.

ARTICLE 4 – SENIORITY4.1.0 Any employee hired after February 16, 1993

shall acquire seniority status after he/she hasbeen in the employ of the Company for an ag-gregate probationary period of Six Hundred(600) straight time hours (exclusive of any andall overtime hours) during any twelve (12)month period, after which he/she shall acquireseniority and be placed on the seniority list withhis/her original date of hire as his/her senioritydate.

4.1.1 Notwithstanding any provisions of Article 4,students may be hired for a period not to exceed150 aggregate days during any twelve monthperiod. Such employees shall be consideredprobationary and shall not acquire seniority.After an aggregate period of five hundred (500)hours’ employment, such students shall be eli-gible for all company benefits including holi-day pay while actively employed. Benefitsshall cease in the event of layoffs or terminationof employment. Where possible, the Company

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will give preference in the hiring of students todependents of Company employees.

4.2.0 The Company shall post a master seniority listin the gatehouse and shall revise this list eachmonth. Six (6) copies of the list will be givento the Plant Chairperson every six (6) months.The seniority rank of each employee shall be asindicated in Schedule “B”.

4.3.0 Seniority rights of an employee shall cease forany one of the following reasons:(a) If the employee quits the employ of the

Company.(b) If the employee is discharged for just cause.

(c) If the employee is absent from work for five(5) consecutive normal working days with-out notifying the Company giving a satis-factory reason for such absence.

(d) If the employee fails to notify the Companywithin three (3) working days, excludingSaturday, Sunday or Holidays, after beingadvised by registered letter of his/her inten-tion to return to work. Also for failure toreturn to work within seven (7) calendardays after notification, unless a valid reason-for any delay is given.

e) When any employee is laid off for a period28

of thirty-six (36) months, or for the periodequal to his/her accumulated senioritywhichever is greater.

4.4.0 The appointment or selection of employees forsupervisory positions or any position not sub-ject to the provisions of this agreement, is notgoverned by this agreement. An employee pro-moted to any position other than acting foreper-son shall thereupon lose his seniority.

4.5.0 An employee promoted to the position of actingforeperson shall retain his/her seniority, pro-vided that the period of such employment doesnot exceed ninety (90) days in any twelve (12)month period. Any such employment in excessof this maximum period shall be deducted fromthe employee’s accumulated seniority.

4.6.0 At the commencement of their shift, Utility em-ployees in the Mine Department or Utility em-ployees in the Mill Department shall havepreference, by seniority, in the selection of jobsvacant due to any absence not requiring a post-ing pursuant to Article 5.2.0. in their respectivedepartments, or any unfilled work assignment,except those jobs being filled by employeesworking on overtime, providing they are will-ing and qualified to perform the work available,and subject to the provisions of Article 4.7.0below.

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4.6.1 In the event of only one qualified Utility em-ployee on shift to fill a specific job, the super-visor may assign that employee to that specificjob. Such preference is not applicable to thosepersons who punch in late or to any subsequentjobs that may arise during the shift.

NON-SKILLED TEMPORARYSHUTDOWN:

4.7.0 For the purpose of applying Article 4.7.0, theseprovisions will apply seven (7) days per week,unless the parties mutually agree to do other-wise.

(1) When an employee’s job(s) is shutdown atany time prior to the end of the first halfhour of his/her shift, the employee(s) shallbe permitted to exercise his/her plantwideseniority on classifications listed in Sched-ule “A” in his/her respective department(s),including a job filled by a utility employeewith less seniority pursuant to Article 4.6.0,provided he/she is qualified to perform allof the functions of the classification andprovided the junior employee to be dis-placed has the qualifications to perform therequired duties of the job the Companyneeds to have filled. An employee who isdisplaced pursuant to this provision may ex-ercise his/her seniority to displace any jun-ior employee, provided the senior employee

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has the qualifications to perform the re-quired duties and provided the junior em-ployee has the qualifications to perform therequired duties of the job the Companyneeds to have filled.

If there is more than one junior employeein a classification being displaced who hasthe qualifications to perform the requiredduties of the job the Company needs tohave filled, the lowest seniority in that clas-sification will be the employee displaced.

The foregoing provision does not apply inthe Mill. The current practice in the Mill willcontinue.

(2) Any employee(s) affected by paragraph (1)above shall automatically return to the jobhe/she held prior to the implementation ofparagraph (1) above, when the job is startedup.

(3) When an employee’s job(s) is shutdownafter the first half hour of his/her shift, theemployee(s) may be assigned to other workin his/her respective department for the re-mainder of that shift, provided he/she isqualified to perform all of the functions ofthe assigned classification(s). The Com-pany will not abuse this provision.

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When an employee in the Mill has his/herjob shut down after the first half hour ofhis/her straight-time shift and is assigned toboat loading, this employee will have theright to exercise his/her seniority to displacea junior employee on boatloading or in theMill.

(4) Any employee(s) affected by paragraph (3)above shall automatically return to the jobhe/she held prior to the implementation ofparagraph (3) above, when the job is startedup.

(5) When an employee’s job is shutdown forany period of time in excess of one full shift,up to a maximum of one (1) week (hereindefined as five (5) working days, Mondayto Friday, unless the parties agree to do oth-erwise) commencing from the initial shut-down date, the employee(s) will be allowedto exercise his/her seniority on a job classi-fication of his/her choice within his/her re-spective department(s), providing thathe/she is qualified to perform all of the func-tions of the classification.

(6) Any employee(s) affected by paragraph (5)above shall automatically return to the jobhe/she held prior to the implementation ofparagraph (5) above, when the job is startedup.

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(7) If one or more job(s) is shutdown, seniorityshall be the governing factor at all times, inthe order of job selection, by all employeesaffected, until conclusion of the bumpingprocess. The parties agree that this para-graph applies to paragraph 1 through 6above.

(8) Notwithstanding the foregoing language,the Company will have the right to assignthe junior qualified Utility employee, or thejunior qualified employee who has beendisplaced by job shutdown to fill an un-filled job after the bumping has occurred.Nothing in this sub-article negates the rightof a displaced employee to return to his jobshould it be restarted pursuant to sub (2),(4) or (6) above.

ARTICLE 5 – JOB POSTINGPermanent Job Postings

5.1.0 When a new position, permanent job openingor permanent vacancy occurs, it shall be postedplantwide for a period of forty-eight (48) hours.The successful applicant will be the most seniorapplicant on a plant wide basis. Hereinafter,where the terms “new position” “permanent jobopening” or “permanent vacancy” are used inArticle 5, they are deemed to be the same.

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Where the Company has advance notice of anemployee retiring or resigning, the Companywill not post to fill such vacancy more thaneight (8) weeks before the position is actuallygoing to be vacated by the retiring / resigningemployee.

5.1.1 All seniority employees are eligible to apply inwriting for new positions, permanent job open-ings and permanent vacancies in accordancewith this article. However, skilled trades em-ployees are not eligible to apply for non-skilledtrades jobs, except as provided in Article15.14.0, 15.14.1.

5.1.2 Should the successful applicant be qualified forthe permanent vacancy, he/she shall be placedon the job within fourteen (14) days from theposting termination date or the date that theposting becomes effective.

5.1.3 Should the successful applicant not be qualifiedfor the permanent vacancy, the next most seniorqualified applicant, from the Department wherethe vacancy occurred, who desires the positionshall take the job vacancy on a temporary basisuntil the successful applicant has been trained.

5.1.4 Should none of the applicants be qualified forthe permanent job vacancy, the Company shallplace the most junior qualified employee in thedepartment in the vacancy on a temporary basis

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until the successful applicant has been trained. 5.1.5 Training of the successful applicant shall begin

within fourteen (14) days of the posting termi-nation date. However, an employee who holdsa temporary posting at the time he/she is thesuccessful applicant for a permanent positionin the same Department will be permitted tocomplete the temporary posting before com-mencing training for the permanent position.An employee who holds a temporary posting atthe time he/she is the successful applicant for apermanent position in another Department willcommence training on the permanent positionwithin said fourteen (14) days and will not bepermitted to return to the temporary postingupon completion of the training. The trainingof an employee on a permanent posting will becontinued until completion, except with respectto employees being trained in the Utility clas-sification.

5.1.6 If there are no applicants for the position, theCompany will fill the vacancy in accordancewith the provisions of Article 9.8.0, 9.8.1.

Temporary Job Posting 5.2.0 When a temporary vacancy or temporary job

opening occurs for any reason other than casualabsence (herein defined as any absence up toseven (7) calendar days), it shall be postedforthwith in that department for a period of

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twenty-four (24) hours unless the posting takesplace on a Friday when it will be posted forthirty-two (32) hours. The successful applicantshall be the highest seniority qualified appli-cant. Hereafter, where the terms “temporaryvacancy” or “temporary job opening” are usedin Article 5, they are deemed to be the same.Provided the Company has the necessary infor-mation regarding the estimated period that anemployee will be absent, the Company will es-timate the length of time it expects a temporaryvacancy to last. This is for informational pur-poses only and will not form part of the jobposting documentation.

The successful applicant for a temporary jobposting will assume the shift schedule of thetemporary vacancy being filled in accordancewith Letter of Understanding # 37 – WeeklyScheduling Procedure.

5.2.1 All seniority employees in that department, ex-cept those laid off from work and except thoseemployees recalled under 9.8.1, are eligible toapply in writing for temporary vacancies ortemporary job openings in accordance withArticle 5. Employees may withdraw their ap-plication for a posting at any time prior to thenotification of the successful applicant to theUnion by the Company in writing.

5.2.2 Should there be no qualified applicants for the36

vacancy, it will be assigned to the most juniorqualified employee in the department.

5.2.3 As a result of any initial temporary vacancy, notmore than two (2) positions will be posted, theoriginal vacancy and the position vacated bythe successful applicant.

5.2.4 Successive subsequent vacancies will be filledby a qualified departmental employee who de-sires to fill the position. The Company willcanvass employees in order of seniority to de-termine whether they wish to fill the position.Seniority and qualifications will be the decidingfactors should more than one (1) employeewish to be considered.

5.2.5 Should a temporary vacancy exceed six (6)months, it will be reposted as a temporary va-cancy.

5.2.6 The Company shall not pay overtime if an em-ployee voluntarily switches shifts as a result ofsuch a move.

5.4.0 Non Skilled Maintenance – Temporary JobPostingsWhen a non-skilled temporary vacancy occursin a Maintenance Department it shall be postedin that department and plant wide simultane-ously for a period of twenty four (24) hours un-less the posting takes place on a Friday when itwill be posted for thirty-two (32) hours. The

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successful applicant will be the most seniorqualified applicant from the employees in thedepartment where the vacancy occurs first. Inthe event there are no qualified applicants fromwithin the department, the successful applicantwill be the most senior qualified applicant on aplant wide basis. The Company will not delayposting these vacancies.

5.4.1 Should no one desire the job the most junior ac-tive qualified employee in the bargaining unitshall be assigned on the job.

5.5.0 Applications for job postings shall be com-pleted in duplicate, initialled by the forepersonand a copy shall be given to the applicant. Theforeperson shall provide the committeepersonwith a written copy of the posting identifyingthe successful applicant. In cases of temporaryjob vacancies where only a canvassing of thedepartment is required, the foreperson shall in-form the committeeperson in writing of the suc-cessful candidate. The Company will notifythe Committeeperson of the name of thesuccessful applicant for a job postingwithin 24 hours.

5.5.1 Employees may withdraw their application fora posting at any time prior to the notification inwriting of the successful applicant to the Unionby the Company.

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5.6.0 Successful applicants for temporary job post-ings shall return to their former department andclassification when the regular employee re-turns to work.

5.7.0 Nothing will restrict an employee’s right toapply for a permanent job vacancy during theterm of the temporary posting. Should he/shebe the successful applicant, he/she will beplaced on the permanent job at the end of theterm of the temporary posting. In this event,the Company will place the most junior quali-fied employee in the Department in the vacancyon a temporary basis until it can be fulfilled bythe successful applicant.

5.9.0 An employee may only hold one (1) permanentand one (1) temporary job at the same time. Anemployee who is holding a temporary job va-cancy may not apply for another temporary jobvacancy until he/she has completed the firsttemporary job assignment, unless:(a) it is a shutdown temporary job vacanc pur-

suant to Article 5.10.2, or(b) it is to continue an existing six (6) month

temporary vacancy he/she presently occu-pies, or

(c) the subsequent temporary posting does notcommence until after the completion of theemployee’s current temporary posting andthere is no overlap between the start and endof the jobs.

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5.9.1 No employee will be permitted to hold a per-manent job and a temporary job in the sameclassification, unless it is a shutdown temporaryvacancy pursuant to Article 5.9.0, 5.10.0, 5.10.1and 5.10.2.

5.10.0 The Company will meet with the Union by the15th of March to discuss the planned annualshutdown dates and length. In the event that theCompany schedules a shutdown pursuant to Ar-ticle 10.8.0, Mine, Mill and Non-Skilled TradesMaintenance Department jobs to be workedduring a shutdown will be filled by temporaryjob postings. Annual shutdown postings will beposted plant wide for 48 hours.

When an employee, who has been the success-ful applicant for a temporary job posting towork during the Annual Shutdown, is unavail-able to fulfil the posting due to retirement,WSIB or S&A, the Company will offer the va-cancy to the next senior applicant who has notalready been awarded a shutdown vacancy.

5.10.1 These postings will be for the shutdown periodonly and will be open to all Non-Skilled Tradesseniority employees, except those laid off em-ployees not at work. Employees will be al-lowed to apply for any or all Non-SkilledTrades postings for which they are qualified.The applicants will be given their choice of the

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posted job classifications by seniority, begin-ning with the most senior applicant.

5.10.2 Employees who are on a temporary job va-cancy may post for a shutdown temporary jobvacancy, notwithstanding the provisions of Ar-ticle 5.9.0. An employee on a temporary jobvacancy shall return to his/her former tempo-rary job vacancy at the end of the shutdown un-less the former temporary vacancy has ended,in which case he/she shall return to his/her per-manent job classification.

5.11.0 In the event of a permanent, temporary, or tem-porary shutdown vacancy or opening an em-ployee who was absent from work for anyreason other than layoff from work during thetime the job was posted will be contacted bythe Company and shall have the opportunity toapply for the posted position. In the event thatthe Company cannot contact the employee, orthe employee does not make a decision, he/sheshall have the opportunity to apply for theposted position, in writing, within forty-eight(48) hours after his return to work, in accor-dance with Articles 5.1.0, 5.2.0, 15.3.3, 5.4.0or 15.3.0.

5.11. If the position was filled in accordance with Ar-ticles 5.1.0, 5.2.0, 15.3.3, 5.4.0 or 15.3.0, andshould the employee returning become the suc-cessful applicant for the position, he/she willbe awarded the position. All employees who

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posted to a new position as a result of the orig-inal posting shall be returned to their previouspositions.

5.11.2 An employee returning to work following anabsence will commence working on their reg-ular job and scheduled shift, once they havecompleted any required re-orientation. In thisevent, the displaced employee will exercise hisseniority on a job for the balance of the week.

5.12.0 Employees failing to qualify for the positionshall return to their former positions withinthirty (30) days and shall retain their seniority.Employees holding a Surface classificationwho post for a vacancy or opening in an Under-ground department or holding an Undergroundclassification who post for a vacancy or open-ing in a Surface department will be allowed toresign the position and return to their formerposition within five (5) working days, and shallretain seniority.

An employee successfully posting to a perma-nent job within the same department for whichhe is not qualified will be allowed to resign theposition and return to their former positionwithin five (5) working days, and shall retaintheir seniority.

5.12.1 When an employee is returned to their formerposition pursuant to Article 5.12.0, all employ-ees who posted to a new position as a result of

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the original posting shall be returned to theirprevious positions. The next successful appli-cant will be awarded the position without therequirement of a new job posting pursuant toArticle 5.1.0 (permanent job postings) of theCollective Agreement.

5.12.2 When an employee is returned to their formerposition pursuant to Article 5.12.0, the em-ployee’s overtime hours will be adjusted to re-flect only the overtime hours worked orcharged in the new position, in addition to theovertime hours he/she had at the time of the jobposting.

5.13.0 Whenever a job is transferred from one depart-ment to another department, the employee onthe job will be given preference.

ARTICLE 6 – HOURS OF WORK6.1.0 The normal hours of work for all employees

shall be eight (8) hours per day, including a paidthirty (30) minute lunch period. The normalworking week shall be forty (40) hours, Mon-day to Friday inclusive.

6.1.1 The normal hours of work are stated solely forthe purpose of calculating overtime and shallnot be construed as a guarantee of any mini-mum nor as a restriction on any maximum

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number of hours to be worked. For the purposeof payment, time shall be calculated to the near-est interval of six minutes worked.

6.1.2 For the purpose of shift premium only, the fol-lowing shifts are defined:A day shift is a shift scheduled to commencebetween 4:00 a.m. and 11:59 a.m.An afternoon shift is a shift schedule to com-mence between noon and 7:59 p.m.A midnight shift is a shift scheduled to com-mence between 8:00 p.m. and 3:59 a.m.

6.1.3 The Company agrees to discuss with the UnionPlant Committee any proposed reduction or in-crease in the normal hours of work or anychanges to shift schedules before such a changebecomes effective.

REPORTING PAY – REGULAR SHIFT:6.2.0 An employee who reports for work at the Mine

Gatehouse, on his/her scheduled shift, (includ-ing any scheduled overtime shift), and forwhom there is no work at his/her regular orscheduled classification will be offered at leastfour (4) hours’ employment at other work athis/her appropriate rate of pay, or at the Com-pany’s option, will be paid for four (4) hours’time at his/her regular straight time rate. Thisprovision shall not apply when such lack of

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work is due to the lateness of the employee, alabour dispute, fire, flood, power shortage, me-chanical or electrical breakdown, which wasbeyond the control of the Company.

6.3.0 An employee shall be granted two (2) rest pe-riods of ten (10) minutes each during each shiftand five (5) minutes wash-up period beforehis/her luncheon period and a five (5) minutewash-up period before the end of his/her nor-mal working day. An employee engaged in un-usually dirty work will be allowed extrawashing time at the discretion of his/herforeperson.

6.4.0 Rest periods shall be taken at a time and loca-tion that will not result in production delays.

6.4.1 All lunch periods may be taken in a lunchroomprovided that no employee shall be required towork more than five (5) hours without a lunchperiod. Employees will not be canvassed forovertime during their lunch break.

6.4.2 Arrangements will be made for employees en-gaged in boat loading operations to have theirlunch in the lunchroom. The Company alsoagrees to provide additional personnel for thispurpose when necessary.

6.4.3 Where boat loading/barge loading operationsare continuing on more than one shift and there

45

is a delay in relieving employees on the previ-ous shift, an allowance of such delay shall beprovided at the discretion of the foreperson.The Company will make reasonable and fair ef-fort to accommodate employee requests for re-lief.

6.5.0 Hoisting and lowering schedules for under-ground employees will be arranged to provideeight (8) hours from collar to collar for eachshift, but variations from such schedules, notexceeding fifteen (15) minutes which do notoccur consistently, shall be disregarded. Delaysin such schedules in excess of fifteen (15) min-utes shall be considered time worked.

6.6.0 It is understood that Mill and other surface em-ployees shall be at their working place andready to assume their duties at the commence-ment of their working day.

6.7.0 An employee, who will be absent from work,shall notify the Company by calling the Gate-house before the commencement of his/her reg-ular shift on the first day of absence, unlesscircumstances prevent the employee fromdoing so. Employees returning to work afterextended period of sickness, injury, vacationsor leave of absence shall contact their supervi-sor, or the gatehouse on the day before return-ing to work.

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6.8.0 If, at the commencement of his/her scheduledworking period, an employee is late, he/sheshall be penalized to the extend of six minutesfor lateness of one to six minutes, and to the ex-tent of a further six minutes for each succeedingperiod of lateness of one to six minutes. Theentries on the employee’s time card shall gov-ern the application of this clause.

Within 60 days following ratification of the col-lective agreement, the Company will providethe Union with a document setting out the pa-rameters it uses in determining whether an em-ployee has an attendance issue.

6.8.1 If such an employee leaves his/her workingplace before the end of any scheduled workingperiod he/she will be penalized to the extent oftwelve (12) minutes for early leaving for thefirst twelve minutes or less and six (6) minutesfor every additional six (6) minutes or fractionthereof included in the period between the timewhen the employee left his/her working placeand the end of such scheduled working period.

6.9.0 It is the express policy of the Company thatforepersons, assistant forepersons, actingforepersons and supervisors shall not performthe regular work of a member of the bargainingunit except:

(a) In the case of emergency where immediate47

action is necessary in order to protect per-sonnel or equipment;

(b) for the purpose of instruction or training in-cluding demonstrating the proper methodto accomplish the task assigned;

(c) for the purpose of developing a method ortechnique;

(d) for the purpose of checking operating con-ditions.

6.9.1 The hours of work of any member of the bar-gaining unit shall not be reduced by any workperformed by supervisory personnel.

6.9.2 A list of forepersons, acting forepersons, assis-tant forepersons and supervisors of departmentsshall be given to the Union Committee andStewards. The list shall be posted in the depart-ments and the Union will be notified of anychanges.

6.10.0 An employee may, with the approval of theCompany, arrange for a change of shift with an-other employee, in the same Department, pro-vided such change does not result in additionalovertime pay. Each employee involved in theexchange of shift shall work on the regularMonday to Friday job classification and hoursof the other employee, or the scheduled over-time job classification and hours of the other

48

employee, provided he/she is qualified to do thework involved. Such a change shall not unrea-sonably be withheld.

The right of an employee to switch shifts is sub-ject to the hours of work limitations prescribedin article 7.17.0, which prohibits an employeefrom working more that sixteen (16) hours inany twenty-four (24) hour period or more thantwenty-four (24) hours in any forty-eight (48)hour period.

Employees in the Non-skilled MaintenanceLabourer classification will be permitted to mu-tual with themselves provided:

i) Such a mutual will not result in any over-time;

ii) Such a mutual is subject to the efficient op-eration of the facility.

6.10.1 No mutual exchanges of shift will be allowedwhere a straight time shift is being exchangedwith a premium shift.

6.10.2 All mutual exchanges shall be as follows:(i) straight time shift for straight time shift(ii) Saturday shift for Saturday shift(iii) Sunday shift for Sunday shift(iv) Holiday shift for Holiday shift

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6.10.3 Such a mutual change of shift must be com-pleted in no more than two (2) consecutive payperiods.

6.10.4 When an employee is the only person in a jobclassification, he/she may arrange for a changeof shift providing that:(i) the mutual exchange form is completedand signed by the employee and is signedby his/her foreperson;

(ii) the employee is limited to one (1) changein any one (1) pay period;

(iii) the need for a helper, if required, will notresult in overtime pay.

6.10.5 Changes of shift for employees in job classifi-cations with more than one employee in theclassification, where all employees work thesame shift, will be allowed once in any pay pe-riod. Such changes of shift will be subject tothe efficient operation of the department andthe approval of the supervisor.

6.11.0 In the past the Company has recognized theright of an employee to work on his/her partic-ular job within his/her general classification,when such work is available to him/her. Onother occasions the employee has been requiredto perform other work in his/her general classi-fication.

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6.11.1 In agreeing to list occupations separately asnow appears in Schedule “A” the Company isundertaking to carry out such past practice dur-ing the term of this agreement.

6.11.2 The Union also agrees to the past practice of in-terchange ability as here described, being con-tinued.

6.12.0 The Company will notify outside contractorsthat they must abide by their applicable provi-sions of the Employment Standards Act whileon Company property.

ARTICLE 7 – OVERTIME7.1.0 The Company will distribute overtime equally

among the employees normally performing thework to be done in accordance with the provi-sions of Article 7.

7.1.1 Overtime shall be offered first to the availableemployee who is qualified and lowest in cred-ited overtime. If two or more such employeesare equally low in overtime, the overtime shallbe offered first to the senior employee.

7.1.2 For overtime on the immediately succeedingshift, where the credited overtime of the lowestemployee is more than sixteen (16) hoursbelow that of the next employee and such em-ployee is not at work when the overtime is re-

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quired, subject to the conditions of Article7.13.4, he/she shall be called by telephone forthe overtime assignment. As a matter of policy,the Company will start leaving a message onthe answering machine of an employee whodoes not answer a call, should the employeehave an answering machine. When calling em-ployees for overtime, if the employee does notanswer the phone the Company will leave amessage advising the employee of the time andovertime assignment being offered in his/herclassification. With respect to calls forboat/barge loading or reclaiming overtime, theCompany is only required to advise the low andqualified employee of the time and overtime as-signment being offered on the first call only andwill not be required to call the employee backfor subsequent boat/barge overtime opportuni-ties until the employee phones back to theCompany. If an employee who does not answerthe original overtime telephone call calls backat least two (2) hours before the overtime as-signment is to begin and accepts the overtimeassignment for eight (8) hours, the employeewill be permitted to work the overtime,notwithstanding the fact that an employee atwork may have already accepted four (4) hoursof overtime. In this instance the employee atwork who had accepted the four (4) hours ofovertime will not be charged for the overtime.As well, where an employee has called back toaccept an 8 hour shift in the instance where an-

52

other employee has already accepted an offerto work the last four (4) hours of the overtimeshift, the overtime of the employee who has ac-cepted the overtime to work the last four (4)hours of the overtime shift will be cancelled aswell, and the provisions of Article 7.4.0 and7.5.0 will not apply to the second call to can-cel.

7.1.2.1 In the event the boat loading/barge loading starttime is delayed or moved two (2) hours ormore, the Company will restart the process foroffering the boat loading/barge loading over-time opportunities.

7.1.3 If an employee alleges that he/she has been by-passed in administering equal opportunity, andsuch allegation is substantiated, he/she shall bepaid an amount equal to the amount he/shewould have earned had he/she worked overtimeon the missed opportunity.

7.2.0 The Company shall pay time and one-half cal-culated to the nearest interval of six (6) minutesworked for all hours worked in excess of eight(8) hours in any continuous period of twenty-four (24) hours, excluding Sunday. No em-ployee will be required or permitted to workmore than thirteen (13) hours in any twenty-four (24) hour period, except as prescribed inthe Employment Standards Act.

7.2.1 Notwithstanding any other provision of Article53

7, no employee will be requested to work morethan twenty-six (26) hours in a forty-eight (48)hour period until the available overtime hasbeen offered as follows:

1. To all other qualified employees in that de-partment who can immediately be contactedeither personally or by telephone.

2. Secondly, to all other qualified employeesplantwide who can immediately be contactedeither personally or by telephone.

7.2.2 An employee will not be charged for refusingan overtime assignment that would require theemployee to work more than twenty-four (24)hours in any forty-eight (48) hour period. (Foremployees on boat loading only, this will be in-creased to twenty-five (25) hours in any forty-eight (48) hour period)

7.3.0 The Company shall pay time and one half forall hours worked on Saturday and double timefor all hours worked on Sunday.

7.3.1 However, an employee shall be paid at his/herstraight time hourly rate for his/her first regu-larly scheduled shift of the week.

7.3.2 Should his/her first scheduled shift of the weekfall on a holiday as outlined in Article 11.1.0,he/she shall be paid at the appropriate rate ofpay as outlined in Article 7.6.0.

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7.3.3 For the purpose of this Collective Agreement,an employee shall be available for overtime inthe following circumstances:

1. An employee must be able to work the over-time assignment without exceeding thehours of work limitations prescribed in Ar-ticles 7.2.0 and 7.2.1 of the CollectiveAgreement.

2. The employees must be able to work all butone (1) hour of the overtime assignment.(By way of example, an employee whoseregular shift ends at 4:00 p.m. will be eligi-ble for an overtime assignment of eight (8)hours duration commencing at 3:00 p.m.,but not one commencing at 2:00 p.m.) Theemployee will only be paid overtime for theactual overtime hours worked.

3. An employee not at work will be consideredavailable if:a) the difference of his/her accumulatedovertime hours is more than sixteen (16)hours lower than that of the lowest quali-fied employee at work; and,

b) provided he/she satisfies 1 and 2 above.

4. An employee at work will be consideredavailable if:

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a) The difference of his/her accumulatedovertime hours is 16 or less than that ofthe lowest employee at home who has notyet refused the overtime assignment, and;

b) If the employee satisfies the conditions 1and 2 above, and;

c) Provided the overtime work is to com-mence no more than one (1) hour beforethe end of his/her shift, or no more thantwo (2) hours after the end of his/her shiftor provided the overtime work is to com-mence more than seven (7) hours after theend of his/her shift.

If the employee accepts the overtime as-signment and if the overtime is to com-mence at any time up to one (1) hour afterthe employee’s shift, he/she will com-mence working the overtime assignmentimmediately following his/her shift so asto not exceed the hours of work restric-tions prescribed in Article 7.2.0.

If the employee accepts the overtime as-signment and if the overtime assignmentis to commence more than one (1) hourfollowing the end of the employee’s shift,he/she will be required to punch out andreturn to work at the commencement ofthe overtime assignment.

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5. An overtime assignment to replace an em-ployee who is absent for any reason isdeemed to commence at the time the absentemployee was scheduled to commence workand this starting time cannot be amended forthe purpose of this Article.

CALL-IN PAY7.4.0 An employee who is called in by the Company

to perform work outside of his/her scheduledhours of work, shall be paid at the rate of timeand one half if the work is performed fromMonday to Saturday, and at the rate of doubletime if the work is performed on Sunday, or amaximum of three (3) hours at his/her straighttime rate, whichever is the greater. However,no minimum payment shall apply when thehours so worked are continuous with the em-ployee’s regularly scheduled working hours.Should the call-in involve a change of shiftschedule, the employee shall be paid the pre-mium rate for the first shift of the new schedule.

CHANGE OF NEXT SCHEDULED STARTING TIME PAY:

7.5.0 An employee who is notified after he/she hasleft the plant that his/her next scheduled startingtime has been changed shall receive an al-lowance equal to two (2) hours at his/her regu-lar rate of pay.

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7.6.0 In addition to the payment to an employee, foran eligible Paid Holiday, an employee shall bepaid at the rate of time and one half for all hoursworked on the Paid Holidays.

7.7.0 No provision in this agreement shall entitle anemployee to more than one overtime premiumpayment for the same hours worked.

7.8.0 Hours worked in excess of eight (8) hours inone day or forty-eight (48) hours in one weekshall be voluntary except:

(a) Where boat loading operations in progresswould be delayed or interrupted.

(b) Where emergency maintenance work is necessary in order to prevent injury to per-sonnel, or damage to equipment or to re-store operations which have been inter-rupted by a breakdown of equipment or ac-cident.

(c) If sufficient volunteers from among the em-ployees who normally perform the work tobe done (as described in clauses (a) and (b))are not available, the Company may assignthe necessary work to be done to the mostjunior qualified employees of the depart-ment concerned.

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MILL DEPARTMENT:

7.9.0 The procedure outlined below shall be followedin distributing overtime.

7.9.1 New employees hired into the Mill department,shall assume the overtime hours of the highestcredited overtime employee in the department,plus one.

7.9.2 All Non-Skilled Trades employees transferringfrom any department to Mill department, forany reason, shall assume the highest plus oneovertime hours of the employees in their desti-nation department.

7.9.3 If such a transfer was not made through a per-manent job posting, upon return to his/her orig-inal department, the employee’s overtimerecord shall be adjusted to reflect only the over-time hours worked or charged in the other de-partment in addition to the overtime hourshe/she had at the time of the transfer.

7.9.4 Overtime will be offered in the Mill Depart-ment by job classification. In order to furtherequalize overtime in the Mill Department, over-time work involved in the loading of boats andbarges and reclaiming salt shall be distributedamong the employees in the department whoare lowest and qualified to perform the job re-quirements and duties with respect to boat load-

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ing, barge loading and reclaiming salt opera-tions. The Company will provide the Unionwith a letter outlining the job requirements andduties with respect to boat loading, barge load-ing and reclaiming salt operations. This letterwill be updated from time to time if the require-ments and duties change.

Notwithstanding the foregoing, when the Com-pany decides to work a production modifiedwork crew on the weekend in the Mill Depart-ment, employees whose jobs are operational onthe weekend in the Mill Department will workon their regular job and on the regular shift theyworked during the week.Following ratification of the collective agree-ment, the Company will provide the Union witha letter outlining the job requirements and du-ties with respect to boat loading, barge loadingand salt reclaiming positions.

7.9.5 Employees engaged in the loading of boats andbarges shall be paid at the bulk loader’s rate.Heavy equipment operators will be paid theHeavy Equipment Operator rate.

7.9.6 If boat and barge or reclaiming operations haveemployees working on overtime and employeesworking on straight time, the employees whoare classified as heavy equipment operatorswho are working on straight time, will have the

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choice of heavy equipment operation onlywithin the first one-half (1/2) hour of the shift.After the first one-half (1/2) hour of the shift,the Non-Skilled temporary shutdown provi-sions apply.

7.9.7 In addition to the above provisions the follow-ing procedure shall apply in arranging overtimein the Mill Department.1. An employee working on overtime shall notbe allowed to displace another employeeworking his/her regular classification onhis/her regularly scheduled shift.

2. An employee will not be charged for over-time if not fully qualified to do the work.Any Mill employee who has been offeredtraining in the job requirements and duties ofboat loading, barge loading and reclaimingoperations, and who has refused such train-ing, will be charged for every instance thatthe employee would have been offered theovertime due to his/her accumulated over-time hours.

3. A junior employee will not be allowed to dis-place a senior employee.

4. An employee who reports for work late shallnot be permitted to exercise his/her seniorityto displace other employees engaged in boatloading, barge loading or in reclaiming salt.

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7.9.8 The Company will offer training by seniorityon Boat Loading to Mine and Non-SkilledMaintenance department employees. The Com-pany would offer Boat Loading overtime to thequalified Non-Mill employees after exhaustingthe Mill employee overtime list either beingcontacted in person or by phone.

MINE DEPARTMENT:

7.10.0 Scheduled overtime in the Mine Departmentwhere a full shift is working shall be assignedaccording to classification.

7.10.1 New employees hired into the Mine depart-ment, shall assume the overtime hours of thehighest credited overtime employee in the de-partment, plus one (excluding Shaftsman andShaftsman’s helper and Hoistmen overtimehours).

7.10.2 All Non-Skilled Trades employees transferringfrom any department to Mine department, forany reason, shall assume the highest plus oneovertime hours of the employees in their desti-nation department.

7.10.3 If such a transfer was not made through a per-manent job posting, upon return to his/her orig-inal department, the employee’s overtimerecord shall be adjusted to reflect only the over-

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time hours worked or charged in the other de-partment in addition to the overtime hourshe/she had at the time of the transfer.

7.10.4 If overtime is not scheduled on a full shift basis,the employee in the department who is lowestin overtime hours shall be asked to work, pro-vided he/she is qualified in the classification.

7.10.5 Where there is overtime in more than one clas-sification, the senior employee shall be givenhis/her choice of classification, provided he/sheis qualified, subject to the right of the Companyto assign the junior qualified employee to dothe work in the classification.

7.10.6 The Company and the Union will develop amutually acceptable job preference system byseniority for modified overtime crews.

7.10.7 For overtime on the immediately succeedingshift, the Company shall first offer the overtimeto the employee in the department who is low-est in overtime hours who is on shift, unless theovertime differential is more than sixteen (16)hours subject to Article 7.10.8. Employees willbe paid at the rate of the classification of thework being done.

7.10.8 In addition to the above provisions, the follow-ing procedure shall apply in distributing over-time in the Mine Department.1. a) An employee who accepts overtime shall

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be assigned the work to be done in the jobclassification for which assignment wasaccepted, except;

i) in the event of equipment breakdownthat prevents the employee from work-ing in that job classification on overtime

b) An employee who accepts overtime on amodified crew on the weekend shall be as-signed the work to be done in the job clas-sification for which the over t imeassignment was accepted, except;i) in the event of equipment breakdownthat prevents the employee from work-ing in that job classification on over-time,or

ii) in the event one or more employeesscheduled to work on the modifiedcrew fails to report for work, in whichcase the selection of job classificationswill be in accordance with the job pref-erence system.

2. An employee who reports for work late ona modified crew overtime shall not be per-mitted to exercise his/her seniority to dis-place other employees engaged in theirassignments.

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3. If more than one employee accepts over-time, the most senior employee will begiven his/her choice of classification, pro-vided he/she is qualified.

4. A senior employee on his/her regular shiftmay not exercise his/her seniority to displacea junior employee working overtime.

5. In no event will a junior employee be permit-ted to displace a senior employee.

6. In no event will a senior employee workingovertime be permitted to exercise his/herseniority to displace a junior employee work-ing on his/her own classification on a regu-larly scheduled shift.

7. An employee will not be charged with over-time in the case where he/she is not fullyqualified in all aspects of the job classifica-tion.

8. Overtime in the Shaftperson classificationwill first be offered to the employees occu-pying the Shaftperson and ShaftpersonHelper classifications in accordance with theprovisions of this article and articles 7.1.1,7.2.0 and 7.2.1 of the collective agreement.Should the Shaftperson and/or ShaftspersonHelper refuse, or otherwise be ineligible forthe overtime, it will be offered to qualified

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employees in the mine department in accor-dance with the provisions of this article andarticles 7.1.1, 7.2.0 and 7.2.1 of the collectiveagreement.

Overtime in the Shaftperson Helper classifi-cation will be offered to qualified employeesin the mine department and persons occupy-ing the Shaftsperson or Shaftsperson Helperclassifications in accordance with the provi-sions of this article and articles 7.1.1, 7.2.0and 7.2.1 of the collective agreement.

MAINTENANCE DEPARTMENT:

7.11.0 An employee in the Maintenance Departmentwill not be eligible, nor will the employee becharged for an overtime assignment, which byworking, would make the employee ineligibleto work his/her regular shift or previouslyscheduled overtime shift, except where no otheremployee is available to work the assignment.Overtime offered to a Maintenance employeewho is eligible to work the overtime will becharged provided the Maintenance employee isoffered the overtime while at work.

7.11.1 Skilled Trades Maintenance overtime occurringunderground and on surface shall be distributedby classification among the employees nor-mally performing the work to be done pursuantto Article 7. This provision shall not preclude

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the temporary assignment of duties in one areato employees normally working in the otherarea.

7.11.2 A Skilled Trades employee in the MaintenanceDepartment will not be eligible, nor will theemployee be charged for an overtime assign-ment, which by working, would make the em-ployee ineligible to work his/her regular shiftor previously scheduled overtime shift, exceptwhere no other employee is available to workthe assignment.

7.11.3 Where a breakdown has occurred causing astoppage or reduction of production hoistingoperations or boatloading, the Maintenancepersons performing that repair may remain onthe job after normal shift change to a maximumof two (2) hours regardless of their creditedovertime until the succeeding shift has arrivedon that job.

7.11.4 When weekend Skilled Trades overtime shiftsare scheduled prior to 12:01 A.M. Thursday andsubsequently other Skilled Trades overtime isrequired, employees may be selected fromthose not previously scheduled.

7.11.5 Employees who are absent from work for anyreason after 12:01 a.m. Thursday will be con-sidered to have worked until the end of theirlast regularly scheduled shift for the purposesof determining overtime eligibility.

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7.12.0 Employees transferring to Skilled or Non-Skilled Trades classifications in the Mainte-nance Department shall assume the highest plusone overtime hours in their destination.

7.12.1 If such a transfer was not made through a per-manent job posting, upon return to his/her orig-inal department, the employee’s overtimerecord shall be adjusted to reflect only the over-time hours worked or charged in the other de-partment in addition to the overtime hourshe/she had at the time of the transfer.

7.12.2 New Skilled Trades employees hired into theMaintenance Department, shall assume theovertime hours of the highest credited overtimeemployee in the classification, plus one (1).

ALL DEPARTMENTS:7.13.0 Overtime hours worked or charged shall be

recorded in equivalent straight time hours in ac-cordance with the following:e.g. 8 hours at time and one half = 12 hours

8 hours at double time = 16 hoursChange Starting Time (7.5.0) = 2 hoursCall-In (7.4.0) = 3 hours

All employees’ credited overtime hours accruedshall be restated by the Union at the start ofeach Collective Agreement, maintaining thedifferences in overtime hours between employ-ees within each Department.

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EXAMPLE OVERTIME HOURS RESTATED ASEmployee A 520 hrs Employee A 120 hrsEmployee B 500 hrs Employee B 100 hrsEmployee C 480 hrs Employee C 80 hrsEmployee D 400 hrs Employee D 0 hrs.

7.13.1 Overtime refused by an employee, while onshift or when contacted personally by tele-phone, shall be recorded and charged on his/herovertime record.

7.13.2 If any overtime hours are cancelled, reduced orincreased, the record of overtime hours refusedor accepted will be adjusted according to theactual number of hours worked on the overtimeassignment.

7.13.3 It is agreed that members of the Chemsal ClubExecutive and Retirement committee will beexcused from overtime obligations and will notbe charged when participating in posted Chem-sal Club or Retirement Committee activities onthat day(s) when the overtime arises. For thepurpose of this exclusion, day will mean thetwenty-four (24) hour period on that date. TheUnion shall provide the Company with thenames and dates of those employees who areexcused from such overtime.

7.13.4 Employees shall only be charged with overtimemissed as a result of:

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(a) leaves of absence, as defined in Article12.7.0, except for an employee on Preg-nancy and/or Parental Leave;

(b) layoff;(c) Employees shall be charged with overtime

worked or missed as a result of working asan acting foreperson, whichever is thegreater;

(d) Employee sickness/illness on a day the em-ployee has been absent due to sickness/ill-ness or Personal Emergency Leave day.

Furthermore, an employee absent due to illness,accident or WSIB will not be specificallycharged with overtime missed while off work.However, when such employee returns to workthey will be placed on the overtime list in thesame position on the list as when the employeewent off, one (1) hour higher than the employeethen below them on the list.When employees go off on leave they willmaintain their differential on their return, plusone (1) hour. In the event of a dispute as towhere the employee should be placed on theovertime list following return, the Companyand the Union will meet to discuss the properplacement of the employee.

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ARTICLE 7.13.4 (A) EXAMPLEEmployee F goes off sick. At that time he is positionedon the overtime list as follows:

1. Employee A- 500 Hours2. Employee B- 490 Hours3. Employee C- 480 Hours4. Employee D- 470 Hours5. Employee E- 460 Hours6. Employee F- 450 Hours7. Employee G- 430 Hours8. Employee H- 420 Hours9. Employee I- 400 Hours10. Employee J- 380 Hours

When F returns to work, the overtime list looks like this:1. Employee A- 600 Hours2. Employee C- 580 Hours3. Employee D- 560 Hours4. Employee G- 530 Hours5. Employee B- 520 Hours6. Employee E- 500 Hours7. Employee H- 490 Hours8. Employee J- 480 Hours9. Employee I- 450 Hours

F would be credited with 501 hours on his return. Thelist would then look like this:

1. Employee A- 600 Hours2. Employee C- 580 Hours3. Employee D- 560 Hours

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4. Employee G- 530 Hours5. Employee B- 520 Hours6. Employee F- 501 Hours7. Employee E- 500 Hours 8. Employee H- 490 Hours9. Employee J- 480 Hours10. Employee I- 450 Hours

7.13.5 The above-mentioned periods in Article 7.13.4(a, b, c), shall terminate when the employee re-ports on his/her next scheduled shift. Theabove-mentioned period in Article 7.13.4 (d)will only apply for the period ending at 12 mid-night on the day of the illness or PersonalEmergency Leave day.

7.14.0 Overtime records for all employees shall beavailable to the Union Representative and to in-dividual employees. The overtime records shallbe kept current and any changes posted on thelunchroom bulletin boards daily. The commit-teeperson or recognized Steward shall take upwith the foreperson, any inequities which ap-pear to be developing in the distribution ofovertime. Where there is a dispute regarding thedistribution of overtime, the Company and theUnion will meet to review the overtime alloca-tion. The Company will send the overtimerecords to the Union weekly. Such records willinclude shift, hours, names, and overtime job asshown on the Daily Overtime sheets.

7.14.1 The overtime record shall be maintained by theforeperson for each employee.

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7.15.0 As far as reasonably practicable the Companyshall give forty-eight (48) hours posted advancenotice to production and maintenance workersof scheduled weekend work. This shall notapply in cases of emergencies or unforeseencircumstances.

7.15.1 Overtime will be offered in 8 hour segmentsfirst. If the overtime required is not filled in 8hour segments, then the overtime will be of-fered in 4 hour blocks.

7.16.0 When weekend overtime shifts are scheduledprior to 12:01 A.M. Thursday and subsequentlyother overtime is required, employees may beselected from those not previously scheduled.Notwithstanding any other provision in thisagreement an Employee selected under this Ar-ticle for weekend overtime will be charged forthe overtime on the day the employee works theovertime.

7.16.1 Employees who are absent from work for anyreason after 12:01 A.M. Thursday will be con-sidered to have worked until the end of theirlast regularly scheduled shift for the purposesof determining overtime eligibility. This clauseonly applies to the daily hours free from workprovisions of section 18. (1) of the ESA.

7.17.0 Employees who are absent due to bereavementleave will not be eligible for overtime or

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charged for any overtime from the commence-ment of their bereavement until their return ontheir next regularly scheduled shift after the pe-riod of bereavement.

7.18.0 An employee working on a mutual exchange ofshift will be asked to work overtime on thebasis of his/her credited overtime, providedhe/she is not required to work more than sixteen(16) hours in any twenty-four (24) hour periodor more than twenty-four (24) hours in anyforty-eight (48) hour period until the availableovertime has been offered to all other qualifiedemployees in that department who can imme-diately be contacted either personally or bytelephone.

7.18.1 Employees who agree to work on a mutual ex-change of shift pursuant to Article 6.10.0 willbe paid at straight time for such shift, except asprovided in Article 7.3.0.

7.19.0 An employee engaged in Mine Rescue activi-ties shall not be charged for refusing overtimeon the shift preceding or following such activ-ities.

7.19.1 Should such employee be required to changehis/her shift to participate in such activities andthereby be paid overtime, he/she shall becharged only the premium portion of the over-time shift.

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7.19.2 In cases where a Mine Rescue person is en-gaged in those activities on Saturday or Sunday,his/her overtime hours will be adjusted as hourspaid.

7.19.3 Employees engaged in Mine Rescue operationswill be paid at their straight time hourly rateupon arrival at the mine site. They will then berotated on a twelve hour cycle and will be paidas follows until such time as they are off duty:

4 hours under oxygen -2 x hourly rate4 hours clean up -1 ½ x hourly rate4 hours resting - straight time hourly

rate

Employees under oxygen will be paid 2 xhourly rate for four (4) hours even if they arenot under oxygen for the full four (4) hours.

7.19.4 Employees working on Mine Rescue activitieswill be paid in accordance with Article 7 of theCollective Agreement.

7.20.0 An employee in the Mine Department or in theMill Department will not be eligible, nor willthe employee be charged for an overtime as-signment, which by working, would make theemployee ineligible to work his/her regularshift or previously scheduled overtime shift, ex-cept where no other employee is available towork the assignment.

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7.21.0 Once the Company commences to offer over-time, the Company has the ability to cancel theovertime opportunity and not fill the position.However, once the Company has commencedoffering overtime, it cannot stop the processand force a junior qualified employee onto theposition unless:

(i) there is an equipment breakdown; or

(ii) in the event a scheduled employee(s) failsto report to work; or

(iii) if there is product shortage that that pre-vents the employee from working in thatjob classification.

(iv) Once the overtime has been offeredplantwide and there are no volunteers forthe position, the Company has the right tofill the position pursuant to the

ARTICLE 8 – WAGES, C.O.L.A.AND CLASSIFICATION

8.1.0 The classification of the employees and theclassification of new occupations shall be doneby the Company. The classification of the em-

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ployees and the classification of new occupa-tions shall be done by the Company. The Com-pany agrees to discuss such new classificationswith the Union. If the Company and the Unioncannot agree that a job can be properly placedin an existing classification, the Company andthe Union will negotiate, within five (5) daysafter normal operations have been established,to determine a new classification and a new rateof pay for the job. In the event no agreement isreached the matter may then be referred to Step3 of the grievance procedure and any new rateestablished shall be retroactive to the date ofcommencement of normal operations.

8.2.0 The classification of all occupations and thewage rates appearing in Schedule “A” attachedhereto, is made part of this agreement and issigned for identification by the parties hereto.Any new occupation established during theterm of the Agreement shall be deemed to beincluded in Schedule “A”.

8.2.1 Classifications that contain more than one (1)job function are known as multi-function clas-sifications. An employee must be fully quali-fied to perform all of the functions of such amulti-function classification.

8.3.0 An employee assigned to temporary work on ahigher classification shall receive the higherrate of pay. An employee assigned to tempo-

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rary work on a lower classification shall receivehis/her regular rate as long as work is availableon his/her own job classification.

8.4.0 A working leader shall receive ten (10) centsper hour more than the rate of the highest rank-ing job in the group being led.

8.4.1 A working leader is a member of the bargainingunit who leads and coordinates the activities ofa number of persons in carrying out the workassignment in an amicable manner, as directedby the foreperson, while exercising no discipli-nary authority.

8.5.0 During the probationary period as defined in4.1.0, an employee, other than a Skille Trades-person, shall be paid at a rate of 10¢ per hour-less than the rate shown in Schedule “A”.

8.6.0 Employees working on the headframe will re-ceive a premium of 25¢ per hour over theirusual rate while performing this work.

8.7.0 It is agreed that an employee assigned to oper-ate a front end loader or bulldozer shall be paidthe Heavy Equipment classified rate for a min-imum of one hour.

8.8.0 Employees working on the afternoon shift willbe paid 70¢ per hour as a shift premium. Em-

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ployees working on the midnight shift will bepaid 85¢ per hour as a shift premium. Effective16 February 19, those amounts will change to75¢ and 90¢ respectively.

8.9.0 Effective 16 February 17, the premium forwork performed below the surface will increaseto 65¢.

8.10.0 An employee shall receive a premium of 40¢per hour for all hours assigned as a trainer ofother employees.

8.11.0 During the life of this agreement the ratesshown in Schedule “A” shall be adjusted on thebasis of one (1) cent per hour for each .0615change in Consumer Price Index (2002 = 100)published by Statistics Canada, calculated onthe base of 123.0 in accordance with the proce-dure outlined below, provided that in no eventshall a decline in the Consumer Price Indexbelow 123.0 provide a basis for the reductionof the wage rates shown in Schedule “A”.The Company will fold-in existing COLA floatand will establish a new base for the beginningof this Agreement. Adjustments in the Cost of Living Allowanceshall be as follows:Effective Date of Adjustment Based on C.P.I.16 February January 16 May April

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16 August July16 November October

8.12.0 All employees in the Mill Department must bequalified to work on at least three (3) Schedule“A” jobs in the Mill. Employees who post intothe Mill Department who are not qualified towork on at least three (3) Schedule “A” jobswill be trained within one (1) year of entry tothe Mill Department. The Company will pro-vide the Union with qualification lists monthly.

ARTICLE 9 – LAY-OFF AND RECALLMINE, MILL AND NON-SKILLED

DEPARTMENTS9.1.0 For the purpose of this Article, the word “plant”

shall be defined as the Mine, Mill and Non-Skilled Departments collectively.

9.2.0 With respect to layoff procedures, it is recog-nized that employees holding permanent jobshave seniority within their job classificationbased on their plantwide seniority date detailedin the most current Schedule “B” – Master Sen-iority List.

9.2.1 It is further recognized that such employeeshave seniority within their department and sen-iority on a plantwide basis, except as outlinedin the provisions of Article 15.13.0, based ontheir plantwide seniority.

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9.3.0 When the Company has decided that circum-stances require the reduction of the workingforce in any department, employees will be laidoff by classification on the basis of theirplantwide seniority. The most junior employ-ees in the affected classification shall be dis-placed. 1. A displaced employee(s) will be permittedto exercise his/her plantwide senioritywithin his/her department, on any job clas-sification with junior employees for whichhe/she is qualified. The employee exercising his/her seniorityshall assume his/her seniority within his/herdestination classification based on his/herplantwide seniority and the most junior em-ployee(s) within this classification will bedisplaced.

2. Should a displaced employee not be quali-fied to perform the work of any junior em-ployee in his/her department, he/she will beallowed to exercise his/her seniority to anyjob classification in another department,provided that he/she is qualified to do thework in question and there are junior em-ployees within the job classification. Themost junior employee within the destinationclassification will be displaced.

3. Should the employee not be qualified to per-81

form the work of any junior employee in anydepartment, he/she will be allowed to dis-place the most junior employee in his/her de-partment and will be trained on that job. Ifmore than one employee is being laid off andmore than one employee reaches this step ofthe layoff procedure, the choice will be givenin order of seniority beginning with the mostsenior employee.

4. Should there be no junior employee inhis/her department, the employee will be al-lowed to displace the most junior employeein the plant and be trained on that job. Fi-nally, should there be no junior employees,he/she will be laid off. If more than one em-ployee is being laid off and more than oneemployee reaches this step of the layoff pro-cedure, the choice will be given in order ofseniority, beginning with the most senior em-ployee.

5. In the event the Company permanentlyeliminates a classification, or permanentlyeliminates a position(s) within a classifica-tion, the employee(s) so affected (and thefirst employee displaced) will be entitled toexercise their plant wide seniority to dis-place a junior employee and training will beprovided. Thereafter the provisions of Arti-cle 9.3.0 apply.

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9.4.0 There will, however be no requirement for theCompany to perform any common core trainingpursuant to this Article. Furthermore the Com-pany will not be required to train on the follow-ing jobs pursuant to this Article:

1. Hoistperson/Relief Hoistperson 2. Undercutter Operator3. Jumbo Operator4. Analyst5. Dispatcher

9.5.0 The Company shall notify the Plant Chairper-son or his/her alternate shall be advised in writ-ing, prior to any layoffs.

9.6.0 In the event of an emergency, employees maybe laid off without regard to seniority for a pe-riod not to exceed three (3) scheduled workingdays. “Emergency” shall be defined as any conditionbeyond the control of the Company.

9.6.1 Employees shall be recalled to their former de-partment and classification immediately uponresumption of such operation as if such layoffdid not occur.

9.7.0 In the event of a layoff, or annual shutdown, asdefined in 10.8.0, notwithstanding their senior-ity status, the Plant Chairperson/Local Union

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President and Union WSIB/OccupationalHealth & Safety Committeeperson shall becontinued at work as long as work is being donein the bargaining unit and a Committeepersonshall be continued at work as long as work isbeing done in his/her jurisdiction which he/sheis qualified to do.

RECALL/INCREASE WORKFORCE9.8.0 Whenever the Company decides to increase the

workforce, the Plant Chairperson or his/her al-ternate will be advised in writing and the fol-lowing procedure will be followed. (a) The Plant Chairperson will be the first em-

ployee recalled. Thereafter, committeeper-sons on layoff shall be recalled first as longas work is being done in their jurisdiction.

(b) Employees will be recalled on the basis ofplantwide seniority providing they are will-ing and qualified to do the work available.

(c) The recall of employees on layoff shall beby telephone and registered letter to the tele-phone number and the address on recordwith the Company.

RECALL/HIRING OF NEW EMPLOYEES

9.8.1 Prior to the exhaustion of the posting procedurein Article 5.1.0, employees may be recalled

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from layoff to Labourer in the Mill Department,or Clean Up work in the Mine Department, orthat employees’ original position in the Non-Skilled Maintenance Department. Thereafter,all positions that employees have been recalledto will be posted in accordance with Article5.1.0. As well, any subsequent vacancies thatresult from the initial posting will be posted inaccordance with Article 5.1.0. If there are nolaid off employees, new employees may behired into these classifications. However, newhires will not be allowed to apply for any post-ings until the provisions of Article 5.1.0 havebeen satisfied.

9.8.2 The Company shall notify the Plant Chairper-son or his/her alternate shall be advised in writ-ing, in advance of any recall and also the namesof new employees in their respective order anddates of hiring.

EMERGENCY LAYOFF/TRANSFER

9.9.0 It is understood and agreed that in the event ofa complete shutdown of hoisting operationscaused by fire, flood, power shortage, mechan-ical or electrical breakdown or lack of bulk saltstorage space, employees shall be transferredor laid off in accordance with plant wide sen-iority (except as prescribed in Article 9.6.0).

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9.9.1 Provided the shutdown or layoff does not ex-ceed eight (8) consecutive calendar days, em-ployees transferred or laid off because of theforegoing shall return to their former depart-ment and classification or occupation immedi-ately upon resumption of such operation as ifsuch transfer or layoff did not occur.

9.9.2 Employees recalled from a layoff in excess ofeight consecutive (8) days will be recalled inaccordance with the following;1. all employees will be recalled to their formerdepartment and classification;

2. all positions that employees are recalled towill be posted in accordance with Article5.1.0;

3. any subsequent vacancies that result from (1)and (2) above, will also be posted in accor-dance with Article 5.1.0 until all vacanciesare filled.

ARTICLE 10 – VACATION10.1.0 Eligibility for vacation with pay during any cur-

rent calendar year shall be determined on thebasis of service or seniority, whichever is thegreater prior to 1st January.

10.2.0 Vacation pay shall be calculated on the basis of86

forty (40) hours’ pay calculated at the em-ployee’s regular straight time rate, includingwage premiums, for each week of vacation oras a percentage of total gross pay in the previ-ous calendar year, whichever is the greater.

10.3.0 Vacation eligibility and vacation pay shall be asfollows:

(a) less than 12 months’ service or seniority – avacation allowance equal to one-twelfth ofregular pay per month of service or 4% oftotal gross pay, whichever is greater with theequivalent time off.

(b) 1 year service or seniority – 2 weeks’ vaca-tion with 80 hours’ pay or 4% of total grosspay, whichever is the greater.

(c) 5 years’ service or seniority – 3 weeks’ va-cation with 120 hours’ pay or 6% of totalgross pay, whichever is the greater.

(d) 12 years’ service or seniority – 4 weeks’ va-cation with 160 hours’ pay or 8% of totalgross pay, whichever is the greater.

(e) 20 years’ service or seniority – 5 weeks’ va-cation with 200 hours’ pay or 10% of totalgross pay, whichever is the greater.

(f) 25 years’ service or seniority – 6 weeks’ va-87

cation with 240 hours’ pay or 12% of totalgross pay, whichever is the greater.

10.3.1 Any employee whose 5th, 12th, 20th or 25thyears’ service or seniority falls within the cur-rent vacation year shall be permitted to take thecorresponding number of vacation weeks, at theapplicable rate of pay, beginning January 1st ofthe current vacation year.

10.3.2 In the case of employees who are celebratingtheir first year’s anniversary, he/she must havecompleted twelve (12) months of service beforebecoming eligible for two (2) weeks’ vacation.

10.3.3 If, however, the employee should resign or isotherwise terminated prior to his/her anniver-sary date, he/she will be required to reimbursethe Company for the extra week of vacationhe/she was granted in advance of his/her actualentitlement to the additional week in question.

10.4.0 Vacation pay must be drawn by an employee onthe last working day before the commencementof his/her vacation, provided arrangementshave been made with his/her foreperson notlater than the previous Friday.

10.5.0 An employee who has completed the pre-scribed period of service as defined in Article10.3.0 and has worked less than 1,000 hours inthe previous calendar year shall be granted va-

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cation with pay or vacation allowance in lieu ofvacation on the basis of the applicable percent-age of the total gross pay received in the previ-ous calendar year. For the purposes ofcalculating the 1,000 hours worked, time paidfor in the form of vacation pay, recognized hol-iday pay and periods covered by disabilitywages, including the waiting period, shall becounted as time worked. Periods of absencecovered by W.S.I.B. and Union Business shallalso be counted as time worked up to a maxi-mum period covered by disability wages.

10.6.0 Subject to the conditions outlined below, it shallbe mandatory that all vacations be taken be-tween 1st January and the following 31st De-cember in any year. An employee who isunable to take his/her vacation during the cal-endar year because of illness or disability shallbe paid the amount of his/her vacation al-lowance at the end of the calendar year.

10.6.1 Employees who take vacation during theChristmas week will be allowed to extend paidholidays into the first week of the next calendaryear on continuous days they are scheduled towork.

10.7.0 In planning annual vacations, one or more ofthe following alternatives shall apply:1. Reduced production schedules on a one shiftbasis from June 15th to Labour Day.

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2. A production shutdown for one or moreweeks for major repairs between June 15thto Labour Day.

3. Staggered vacations in all departments.

10.8.0 In the event of a shutdown, scheduled by theCompany prior to 1st April to occur betweenJune 15th to Labour Day, vacations for employ-ees affected shall be scheduled to take placeduring the shutdown. In the event of any othershutdown, the employees affected by the shut-down may consider the shutdown as a layoff.

10.8.1 An employee entitled to two (2) weeks’ annualvacation may be allowed to take one (1) weekof vacation between January 1 and March 31 inany year subject to seniority and the efficientoperation of his/her department.

10.8.2 In the event the Company has an annual shut-down in excess of one (1) week, those employ-ees with two (2) weeks’ vacation who havereceived one week of vacation between January1 and March 31 in that year will be allowed totake the last week of the shutdown as a leave ofabsence or layoff. Such leave shall be includedin the employee’s annual entitlement prescribedin Article 12.6.0. At the end of such leave orlayoff the employees affected will return to thedepartment and job classification from whichthey were laid off or took leave.

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10.9.0 Subject to the efficient operation of the depart-ments concerned, vacation shall be scheduledby seniority to take place during, but not limitedto, the months of June, July, August and Sep-tember and shall be arranged as far as possibleto coincide with the wishes of the employees.The Company will permit at least one (1)welder, one (1) electrician and one (1) machinerepairperson in each of the Surface Mainte-nance and Underground Maintenance Depart-ments vacation time off during the annualshutdown.

10.9.1 The number of employees in the mine depart-ment, mill department and non-skilled mainte-nance department that will be allowed onvacation each week will be posted by the Com-pany prior to the vacation periods outlined inArticle 10.9.2, 10.9.3. There will be separatevacation schedules for each of the Mine, Milland Non-Skilled Maintenance departments.The number of employees in each skilled tradesclassification that will be allowed on vacationeach week will be posted by the Company priorto the vacation periods outlined in Article10.9.2, 10.9.3.

10.9.2 Vacation requests for the period from January1st to April 15th shall be submitted prior to theprevious December 1st. The tentative vacationschedule for this period will be posted by theCompany within four (4) days, by seniority.

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Upon posting, employees displaced will be al-lowed three (3) working days to rescheduletheir vacation request for this period, by senior-ity. Once the vacation schedule for the periodJanuary 1st to April 15th is finalized it will beposted by the first week of January and all othervacations during this period will be scheduledin the order of their submission by the employ-ees in writing and approval by the Company, inwriting. The preliminary and final vacationschedules will be forwarded to the Commit-teeperson.

10.9.3 Vacation requests for the period from April 16thto December 31st shall be submitted prior to the1st of April and the vacation posting shall beremoved at midnight on that date. The tentativevacation schedule will be posted by the Com-pany within four (4) days, by seniority. Withrespect to those employees who are off work atthat time due to illness or WSIB and do not re-ceive their vacation request, the Company willcontact those persons before April 4th regard-ing their further vacation options Upon posting,employees displaced will be allowed three (3)working days to reschedule the balance of theirvacation entitlement, by seniority.

The following language will replace article10.9.3 in its entirety effective 1 January 2018

For vacation requests for the period of April92

16th to December 31st, the Company will beginthe scheduling process on the third Monday inMarch. The Company will meet with employ-ees, by seniority, and schedule their vacationweeks. At the time of meeting, the employeewill be provided with vacation weeks available.The employee will need to provide weeks ofvacation desired immediately upon request. Ifthe employee fails to provide vacations re-quests, he/she will be by-passed. When the em-ployee provides his/her vacation request, it willbe scheduled subject to the remaining weeksavailable at that time.Employees absent from work must provide, inwriting, their vacation request prior to the 3rdMonday in March.In the event it becomes apparent that the can-vassing must be delayed, the Company and theUnion can mutually agree to stop the processand the canvassing period will be extended. Anemployee’s unwillingness to provide the re-quired information does not constitute a reasonto halt the process.

10.9.4 Vacation schedules, once approved by theCompany shall not be changed, other than incases of emergency, except by mutual agree-ment between the Union and the Employer.Once the vacation schedule for the April 16thto December 31st period is finalized, all othervacations during this period will be scheduled

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in the order of their submission by the em-ployee, in writing, and approval by the Com-pany. If an employee has not scheduled his/hervacation by September 1st, the Company shallassign such vacation at that time.

In the event an Employee cancels a week ormore of vacation scheduled between April 16and December 31, for reasons other than Sick-ness and Accident or WSIB, the Company may,subject to efficient operation, permit anotheremployee in the same department to book thecancelled week. The Company requires at leasttwo (2) weeks prior notification for the changeto take place. The cancelled vacation periodwill be granted to the most senior applicant.There will not be any requirement to post anysubsequent vacation cancellation (ie. No cas-cading). Nothing in this article will preclude theCompany from assigning unscheduled vacationafter September 1st of any year.

10.9.5 If an employee has not scheduled his/her vaca-tion by September 1st, the Company shall as-sign such vacation at that time by seniority.

10.10.0 Vacations shall normally start on Monday andend on Sunday. Provided he/she gives seven(7) days’ prior notice in writing to his/her su-pervisor, an employee will be excused fromovertime obligations for the period of time,from the end of his/her last scheduled shift of

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his/her normal working week, until he/she re-ports on his/her next scheduled shift followingsuch vacation. In such cases only, the em-ployee will not be eligible to work or becharged overtime for those days.

10.10.1 An employee’s vacation shall be deemed tostart at the end of an employee’s last regularlyscheduled shift prior to a vacation.

10.11.0 Where a paid holiday occurs immediately pre-ceding an employee’s vacation and it has beenscheduled for work, the employee shall con-sider the day as an extension to his/her vaca-tion, unless the employee has notified his/herforeperson he/she is available for work. Theemployee’s vacation shall be deemed to start atthe end of the employee’s last regularly sched-uled shift.

10.11.1 Where a paid holiday immediately follows anemployee’s vacation it shall be an extension ofhis/her vacation.

10.11.2 Where a paid holiday immediately precedes anemployee’s vacation, and the employee electsto use the day as an extension of his/her vaca-tion, the employee’s vacation shall be deemedto start at the end of the employee’s last regu-larly scheduled shift.

10.11.3 Where a paid holiday or holidays occurs during95

an employee’s vacation, he/she shall take an ad-ditional day or days either immediately preced-ing or following his/her vacation as anextension of his/her vacation, at his/her discre-tion.

10.12.0 Where a former employee has been re-em-ployed, his/her vacation pay shall be reducedby the amount of any statutory or other vacationpayment received by him/her on any termina-tion of employment in respect of his/her serviceduring the twelve (12) month period immedi-ately preceding the 1st of January on whichhe/she became entitled to the vacation.

10.13.0 In any termination of employment an employeeshall receive a vacation allowance of one-twelfth of the regular vacation pay calculatedas above, for each complete month workedafter January 1st. In the event that the em-ployee has not taken his/her vacation for thecurrent year he/she shall receive vacation payin lieu of any vacation to which he/she is enti-tled for service prior to January 1st.

ARTICLE 11 – PAID HOLIDAYS11.1.0 An employee shall, subject to Article 11.2.0, be

paid an amount equivalent to eight (8) hours’pay at his/her straight time hourly rate (exclud-

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ing shift and overtime premiums) for the fol-lowing holidays whether or not he/she workson such holidays to be observed during the termof this agreement on the following dates:

* Indicates Statutory Holidays** Indicates Double time Holiday

2017April 14, Friday Good Friday *April 17, Monday Easter MondayMay 22, Monday Victoria Day *June 30, Friday ** Canada Day 1July 3, Monday Canada Day 2 *August 7, Monday Civic HolidaySeptember 4, Monday Labour Day *October 9, Monday Thanksgiving Day*November 10, Friday Remembrance DayDecember 25, Monday** Christmas Day *December 26, Tuesday** Boxing Day *December 27, Wednesday**Day before ChristmasDecember 28, Thursday** Heritage DayDecember 29, Friday** Day before New YearEmployee’s BirthdayPPH Day

2018

January 1, Monday** New Years Day *March 30, Friday Good Friday *April 2, Monday Easter MondayMay 21, Monday Victoria Day *June 29, Friday** Canada Day 1 *

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July 2, Monday Canada Day 2 August 6, Monday Civic HolidaySeptember 3, Monday Labour Day *October 8, Monday Thanksgiving Day *November 12, Monday Remembrance DayDecember 24, Monday** Day before ChristmasDecember 25, Tuesday** Christmas Day *December 26, Wednesday** Boxing Day *December 28, Friday** Heritage Day December 31, Monday** Day before New YearEmployee’s BirthdayPPH Day

2019

January 1, Tuesday** New Years Day *April 19, Friday Good Friday *April 22, Monday Easter MondayMay 20, Monday Victoria Day *June 28, Friday** Canada Day 1*July 1, Monday Canada Day 2 August 5, Monday Civic HolidaySeptember 2, Monday Labour Day *October 14, Monday Thanksgiving Day *November 11, Monday Remembrance DayDecember 24, Tuesday** Day before ChristmasDecember 25, Wednesday** Christmas Day *December 26, Thursday** Boxing Day *December 27, Friday** Heritage DayDecember 31, Tuesday** Day before New YearEmployee’s BirthdayPersonal Paid Day

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2020January 1, Wednesday** New Years Day *Employee’s BirthdayPPH Day

11.2.0 However, an employee shall not be entitled tobe so paid:

(a) If he/she does not work on any such holidaywhen he/she has been required or scheduledto do so unless a valid reason is given forsuch failure. Labour Day activities will beconsidered a valid reason, subject to theability of the Employer to schedule neces-sary employees.

(b) If he/she is absent without good cause onthe scheduled working day immediatelypreceding or succeeding such holiday.However, it is understood that if an em-ployee is given permission by supervisionto be off on either or both of the above days,this will count as time worked for the pur-pose of qualifying for holiday pay. In theevent an employee retires on the day beforea holiday prescribed in Article 11.1.0, theemployee will still be eligible to be paid forthe holiday notwithstanding the fact that theemployee will not have worked the day be-fore and the day after the holiday as pre-scribed in this Article.

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(c) With respect to the non-statutory paidholidays prescribed in Article 11.1.0, ifhe/she has not acquired seniority status un-derArticle 4.1.0.

11.2.1 Also in the case of illness certified by medicalcertificate or leave of absence, an employeeshall receive his/her full holiday pay if his/herabsence did not commence more than fifteen(15) calendar days prior to the holiday in ques-tion. An employee shall be entitled to holidaypay for any recognized holiday that occurswithin fifteen (15) calendar days of a layoff dueto a shortage of work.

11.3.0 If another day is substituted by statute or decreeor by mutual agreement between the parties forthe observance of any of the holidays listed inclause 11.1.0 the day of observance so substi-tuted shall be deemed to be the holiday for thepurpose of this article.

11.4.0 If an employee is compelled to work on a paidholiday, (save and except for the employee’sbirthday), such employee shall be given, sub-ject to the efficient operation of the department,the option to the day off without pay at a timemutually acceptable to the Company and theemployee. The substitute day shall be takenwithin seventy (70) days of the paid holidayworked and will not be taken in conjunctionwith another paid holiday.

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11.5.0 Employees will not be required to work on theirbirthday, or PPH. For the purposes of this Ar-ticle, an employee’s birthday or PPH shall bedefined as the twenty-four (24) hour period onthe date observed as the birthday, or PPH andshall commence at 12:01 a.m. on that date.Employees will not be asked to work or becharged overtime on their birthday or PPH.

11.5.1 An employee whose Birthday or PPH day fallson a Monday or a Friday or who elects to ob-serve his/her Birthday or PPH day on a Mondayor a Friday will be excused from overtime ob-ligations from the end of his/her last regularlyscheduled shift of his/her normal workingweek, until he/she reports on his/her next regu-larly scheduled shift of the next work week,provided he/she gives seven (7) days’ prior no-tice in writing to his/her supervisor. In suchcases only, the employee will not be eligible towork or be charged overtime for those days. Employees taking a Birthday or PPH, in com-bination with a weekend and/or in combinationwith other holidays on a weekend shall have theoption of excusing themselves from overtimeassignments during that weekend.

11.6.0 In the event that an employee’s birthday fallson a recognized holiday or weekend, he/sheshall take the working day off immediately pre-ceding or following such recognized holiday orweekend.

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11.6.1 Upon application in writing at least one (1)week in advance, an employee whose birthdayfalls on Tuesday, Wednesday or Thursday ofhis/her work week shall have the option of ob-serving that holiday on the Monday or Fridayof that same work week. When an employee isobserving his/her birthday on a Monday or Fri-day, and that day is a holiday prescribed by thisAgreement, the employee will be allowed totake the Tuesday or Thursday of the same weekas the holiday. Whether the employee choosesto observe the holiday on the Monday or Fri-day, or the Tuesday or Thursday (respectively)as the case may be, will depend on how manyemployees may be observing the same day astheir birthday. Such cases will depend on theefficient operation of his/her department.

11.6.2 Personal Paid Day - The employee must submita written request for the Personal Paid holidayat least three (3) days in advance for schedulingpurposes, subject to the efficient operation ofthe department. If the employee does not utilizethe Personal Paid Day, he/she will be compen-sated the equivalent of 8 hours straight time payto be paid in December of that calendar year.

ARTICLE 12 – BEREAVEMENT,JURY DUTY, LEAVES OF ABSENCE

12.1.0 The Company will grant, to a seniority em-ployee five (5) consecutive scheduled non-

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overtime days’ leave of absence with pay atstraight time due to the death of the employee’schild, current spouse or stepchild of currentspouse.

12.1.1 The Company will grant, to a seniority em-ployee five (5) consecutive scheduled non-overtime days’ leave of absence with pay atstraight time rate due to the death of the em-ployee’s parent or step parent, parent or stepparent of current spouse.The Company will grant, to a seniority em-ployee three (3) consecutive scheduled non-overtime days’ leave of absence with pay atstraight time rate due to the death of the em-ployee’s, brother or step brother, sister or stepsister, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandchild and grandchild ofcurrent spouse.

12.1.2 In the event of the death of an employee’s aunt,uncle, grandparents, aunt, uncle, grandparentsof current spouse the Company will grant one(1) day’s leave of absence with pay at straighttime. If the day of the funeral or the day of ob-servance of death, is not a working day for theemployee, this day will be taken either on theemployee’s last working day before the day offuneral/observance, or first day scheduled backto work following the day of the funeral/obser-vance provided same is within fourteen (14)days of the date of death.

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12.1.3 The Company agrees that no employee will becharged with a section 50 Employment Stan-dards Act Emergency Leave day that the em-ployee is paid (ie. Bereavement, vacation, etc.).This language will remain in effect only as longas Emergency Leave provisions remain in theEmployment Standards Act.

12.2.0 If the death occurs while an employee is on va-cation, an equal period of vacation will berescheduled at a time to be approved by theCompany and which does not interfere with thescheduled vacations of other employees.

12.3.0 An employee who is summoned and reports forjury duty or is subpoenaed as a witness shall bepaid by the Company for any straight time earn-ings lost.

12.3.1 Employees will not be required to work theirscheduled shift or overtime on the date or datesthey appear as a subpoenaed witness or on juryduty. The employee may qualify for weekendovertime prior to the end of the jury duty orsubpoenaed term only if he/she notifies his/herforeman of their availability.

12.3.2 If an employee is on jury duty or is subpoenaedas a witness during an employee’s vacation orleave of absence (as defined in article 12.6.0),or on a paid holiday as listed in article 11.1.0,

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the employee’s leave of absence or vacation orobservance of the paid holiday will be extendedby the number of days required to completethese duties.

12.3.3 This provision does not apply if an employeeis subpoenaed as a witness to a proceeding in-volving the Company and the Union or any bar-gaining unit employee of the Company, unlesssubpoenaed by the Company.

12.3.4 In order to qualify for such payment, the em-ployee will be required to give the Companyprior notice that he/she has been summoned forjury duty or subpoenaed as a witness and to fur-nish satisfactory evidence that jury duty wasperformed or that he/she attended as a witnesson the days for which he/she claims such al-lowance.

12.3.5 Any payments received by the employee fromthe courts shall be deducted from the em-ployee’s wages over the same period that theywere received. This does not apply to anymileage and/or meal allowances that the em-ployee may receive in conjunction with juryduty.

12.4.0 Application for leave of absence for personalreasons shall be made on forms supplied by theCompany. A copy of the application showing

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the final decision of the Company shall be sup-plied to the Plant Chairperson/Local UnionPresident.

12.5.0 An employee, who is elected or appointed to afull-time or part-time position with the Union,or an affiliate, shall be granted a leave of ab-sence without pay or benefits, not to exceedtwenty-four (24) months. Upon written appli-cation, thirty (30) days prior to the twenty-four(24) month period, where practical, or any sub-sequent twenty-four (24) month period, theleave of absence will be extended for an addi-tional twenty-four (24) months. Said employeeshall continue to accumulate service, pensioncredits and seniority while on such leave.

12.6.0 Members of the bargaining unit, not exceedingsix (6) in number at any one time (one fromMill, one from the Mine and one from eachSkilled Trade to a maximum of four (4) fromSurface and Underground Maintenance Depart-ments combined), shall be granted upon re-quest, a leave of absence without pay not toexceed six (6) weeks during the life of thisAgreement. It is expressly understood andagreed that an employee shall not be granted aleave of absence in excess of two (2) weeks inany one year and also that such leave of ab-sence shall not be granted when the leave of ab-sence requested interferes with the vacationrights of other employees. The Company com-

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mits that during the term of this Agreement itwill not require employees to exhaust vacationbefore granting a Leave of Absence.

12.6.1 Application for such leave of absence must besubmitted to the employee’s supervisor at leasttwo (2) weeks prior to the commencement ofsuch leave.

12.6.2 Leaves of absence during the prime vacationtime (June 15th to September 15th, the monthof October and the 15th December to the 15thJanuary) will be subject to the efficient opera-tion of the section or department.

12.7.0 An employee who is off work with permissionfor a period not exceeding three (3) workingdays shall not be considered to be on a leave ofabsence.

12.8.0 When a leave of absence has been approved noother employee may displace such leave of ab-sence within a ninety (90) day period prior tocommencement of the approved leave.

12.9.0 Members of the Union not exceeding two (2)in number (or up to five (5) members of the ne-gotiating committee), or any members of theLocal Union Executive Board, at the request ofthe National Representative, or Local Union, atany one time shall be granted reasonable leaveof absence without pay for the transaction of

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business for the Union, provided that suchleave of absence shall not in any event exceedten (10) months in the aggregate during theterm of the Agreement. The Company will beprovided at least one (1) months’ notice of anyleave in excess of three (3) months, where prac-ticable.

12.10.0 An employee convicted of an offence under theHighway Traffic Act or Criminal Code arisingout of the operation of a motor vehicle and whois absent from work as a result of such convic-tion for a period not to exceed one hundred andeighty (180) calendar days, shall be treated asthough he/she were on a leave of absence with-out pay.

12.11.0 An employee with seniority, elected to office asan MP, MPP or Municipal Mayor, will be enti-tled to a leave of absence without pay or bene-fits for the period of his/her first term of activeservice. Additional leaves of absence withoutpay or benefits may be granted by the Companyat the option of the Company upon written ap-plication by the employee. No more than one(1) unionized employee of the Company maybe on a Public Office Leave of Absence at thesame time.Any employee granted such a leave of absenceshall be entitled to reinstatement on the com-pletion of the leave at the employee’s applica-

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ble rate of pay, subject to the seniority provi-sions of the collective agreement. Seniorityrights and pension service credits will continueto accumulate during the period of such leaveof absence.An employee seeking office as an MP or MPPwill be entitled to a leave of absence withoutpay or benefits on the same terms and condi-tions as set out in this Article for a period notto exceed three (3) months.

ARTICLE 13 – SAFETY AND HEALTH13.1.0 The Company recognized its responsibility to

provide a safe and healthy working environ-ment for all the employees at the Mine.

13.1.1 The Company and the Union mutually recog-nize their obligation to cooperate in the main-tenance of safe and healthy working conditionsand safe work practices.

13.1.2 The Company shall continue to make reason-able provisions for the safety and health of itsemployees during the hours of their employ-ment.

13.1.3 Nothing contained in this Article shall be con-strued to restrict any employee’s rights underProvincial Legislation covering health andsafety.

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13.2.0 Any injury which occurs in the course of em-ployment shall be reported immediately by theemployee to the nearest first aid attendant andto the foreperson as soon as practicable. Anyaccident, hazard or unsafe condition shall be re-ported immediately by the employee to his/herforeperson. The health and safety representa-tive shall receive copies of safety recommen-dation forms and W.S.I.B. Form 156 related tothe above as soon as possible. The employeeand the Union shall be provided with a copy ofthe mine hospital sheet, when requested by theemployee. In situations where an injury has oc-curred, the Company agrees to recognize theneed to carefully balance all issues/interestsarising out of the investigation before consid-ering the need for discipline.

13.2.1 Should the payment of lost time for a W.S.I.B.claim of an employee for a period in excess ofseven (7) days be delayed beyond seven (7)days from the commencement of the absence,the Company will, at the request of the em-ployee, commence making disability wage pay-ments to the employee subject to the followingconditions:

i) The employee will be required to sign awaiver and promissory note in a form suit-able to the Company.

ii) In the event the employee’s W.S.I.B claim110

is allowed in any way, the Employee will berequired to fully repay the Company for alldisability wage payments advanced to theemployee by the Company. Such repaymentmust be made within 14 calendar days of re-ceipt of the payment by the employee fromthe W.S.I.B. In the event the employee doesnot repay the Company the full amountowing within said 14 calendar day periodwithout the written consent of the Company,this will be considered a disciplinable of-fence.

13.2.2 The payment of disability wages will be condi-tional upon the employee signing a waiver suit-able to the Company.

13.3.0 In addition to the functions referred to in Article2 of this Agreement, it is agreed that each Com-mitteeperson shall perform the following func-tions with respect to matters pertaining to safetyand health:

(1) Inspect his/her department or working areaeach month with his/her foreman and makejoint recommendations to the Superintend-ent.

(2) Attend the monthly meetings of the GeneralSafety Committee as the representative ofthe employees of his/her department orworking area. In addition, he/she may at-

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tend monthly departmental safety meetingsif he/she so desires.

(3) Accompany the Inspector of the Ministry ofMines or their designate/agent on any in-spection of his/her department or workingarea. Accompany an inspector from anotherMinistry, in accordance with the provisionsof the Occupational Health and Safety Act.

(4) Receive copies of accident investigation re-ports of safety incidents that occur in his/herdepartment or working area in a timelymanner. Confined Space permits will beavailable to the Union through the SafetyDepartment. This includes Near Missforms.

(5) Participate in the formal investigation of;• lost time;• medical aid injuries;• safety related incidents; and/or concernsrelated to equipment failure which couldhave resulted in an employee injury inhis/her department or working area The Union will receive copies of all signedstatements made during formal investiga-tion meetings.

(6) A formal health and safety related incidentinvestigation shall not commence withoutthe Union Health and Safety Representativepresent.

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(7) When changes to Health and Safety policiesor procedures are being considered, theywill be forwarded to the JHSC prior to im-plementation for input in order to assist inthe development of safe and healthy work-ing procedures.

13.3.1 It is recognized that there may be some occa-sions when the Plant Chairperson and/or LocalUnion President may be required to attend anyof the above mentioned functions and in theseinstances the Company agrees to such requestsin conformity with past practice.

13.3.2 Time spent in the performance of these func-tions shall be paid for by the Company at theappropriate rate of pay and shall not be countedas time spent on Union Business as provided inArticle 2 of this agreement.

13.4.0 The Company and the Union agree to abide bythe provisions of Chapter 83, Parts 5 and 6, ofthe Occupational Health and Safety Act dated1978 (effective October 1, 1979) during thecourse of this agreement.

13.5.0 The Company shall provide annual medicals,at no cost to its employees. Such medicals shallinclude chest x-rays, audiograms and lungfunction tests. Should an employee desire tohave such a medical performed by anotherphysician of his/her choice it is expressly un-derstood and agreed that any costs incurred

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shall be the responsibility of the employee. TheCompany will compensate for up to two (2)hours of lost time at straight time hourly rate ifan employee qualified in the Hoist classifica-tion is required to attend for an annual medicalfrom a third party.

13.5.1 Upon receipt of written authorization by an em-ployee, test results or medical records will bereleased or made available to his/her familyphysician.

13.5.2 The Company agrees to provide copies of, oraccess to, the results of tests involving the re-search or measurement of harmful or toxic sub-stances to which an employee may be exposed.

13.5.3 A Skilled Trades or Occupational Health &Safety representative from the National Unionshall be allowed to enter the plant propertywhen requested by the Union Committee pro-vided proper written notification has been givento the Mine Manager. A Workplace Safety and Insurance Board rep-resentative from the National Union shall be al-lowed to attend at the plant for meetings withthe Company and a Workplace Safety and In-surance Board representative. The Local 1959President shall be allowed to attend at the plantfor meetings with the Mine Manager and/or atthe Plant Union Committee regarding W.S.I.B.issues with reasonable notice.

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13.6.0 A notice of safety meetings shall be sent to eachrepresentative not less than two (2) workingdays in advance of the meeting.

13.6.1 The Company further agrees:

(a) Whenever the Company requires the use ofadditional personal safety equipment it willmake such equipment available to employ-ees requiring such equipment at no cost.The Company also agrees to pay all em-ployees:Effective February 16, 2017 $205Effective February 16, 2018 $210Effective February 16, 2019 $215 per year toward the cost of safety shoes andto pay the full cost of approved safetyglasses and prescription safety glasses to amaximum of one pair every two (2) yearsand to replace such glasses which are brokenor damaged on the job and not replaced bythe Workplace Safety & Insurance Board.The Company agrees to pay the cost of eyeexams required for safety glasses if theexams are conducted at an approved Com-pany vendor. The approved Company ven-dor will be either an ophthalmologist oroptometrist.In addition to the above, all employees clas-sified as skilled trades, permanent Prep

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Crew, Shaftsman, Shaftsman Helper, WashBay, Roof Bolters, Warehouse Tender, Sur-face Greaser, Powderman, Fueler Greaser,Labourer (Mill), Bagger, Bagger Leader andLift Truck will receive a second payment inthe same amount, by September 1st of eachcalendar year, upon satisfactory proof ofpurchase. The Company will post notice ofthe September 1st deadline at least 28 daysprior. September 1st of each calendar year, uponsatisfactory proof of purchase, employeeswho have completed a six (6) month tempo-rary assignment as prep crew will also be el-igible for such second payment.

(b) To pay the full cost of miners’ belts, hardhats and hearing protection required on thejob.

(c) To provide waterproof coveralls for em-ployees engaged in mixing “blue treatment”and mucking in the sump and regular cov-eralls for powdermen, permanent undercut-ter operators, permanent jumbo operatorsand employees engaged in excavation workin new underground construction, roof boltdrilling, jack leg drilling and as fuelers, oil-ers and greasers.

(d) To provide regular coveralls for employeeson a nine (9) pair rotation.

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(e) The Company will provide Skilled Tradeemployees in the Surface Maintenance De-partment with one (1) winter coat per year.

(f) The Company will provide the ShaftMechanics one winter coat during the termof the collective agreement.

(g) The Company will provide the SurfaceMaintenance employees one pair of winterboots during the term of the collectiveagreement.

13.7.0 The Company shall provide an overtime mealto the value of ten dollars ($10.00) if an em-ployee is required to work more than ten (10)hours in one (1) shift.

13.7.1 The Company realizes that the price of mealsmay increase due to inflation and agrees to con-tinue to provide meals comparable in quantity,quality and selection to those supplied underpast practice should costs change.

13.7.2 In addition to applying for overtime shifts con-tinuous with an employee’s regular shift, thisArticle will apply to those employees returningto work for a shift starting up to two (2) hoursfrom the end of their last shift worked.

13.7.3 The Company agrees that one member of thePlant Committee will be present and have input

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when negotiating meal selections with the sup-plier.

13.8.0 Safety representatives will not be required toact as witnesses against bargaining unit em-ployees in instances of discipline or dischargerelated to safety violations.

13.9.0 Should any employee become medically unfitto perform the duties of his/her classificationthe Company will consult with the Union in aneffort to place the employee in another classi-fication which he/she is capable of performing.Should there be no such work available theCompany will review the status of the em-ployee with respect to his/her entitlement toCompany benefits under the Industrial Rela-tions Plans. Should he/she not be eligible forbenefits under such plans, he/she shall be laidoff.

13.9.1 Should he/she subsequently become medicallyfit and able to return to work, he/she shall bepermitted to return without loss of seniority, inline with the provisions of Article 4.3.0, to a po-sition his/her seniority entitles him/her to andwill be trained, if necessary.

13.10.0 While working on surface or underground on alight duty job, an underground employee willcontinue to receive the underground premiumfor all hours worked.

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13.10.1 Preference will be given to the most senior tem-porarily disabled person able to perform suchjobs or duties, and who is able to assumehis/her regular duties within sixty (60) days ofassignment to the job. Upon return to his/herregular duties, the position will be filled by thenext most senior temporarily disabled personable to perform such jobs or duties. Shouldthere be no one eligible, the Company may con-sider retaining the person on the light or modi-fied duties until another person becomeseligible.

13.10.2 Overtime occurring on these jobs will be of-fered first to the person on the job. That personwill not be eligible for overtime in any otherjob. This provision shall not apply to non-dis-abled employees who are performing such du-ties.

13.11.0 The Company confirms that it will utilize anUnskilled Maintenance Labourer if the numberof underground employees working exceeds 15on any particular weekend day or holiday, re-gardless of shift worked. The practice of usingan Unskilled Maintenance Labourer for 4 hoursin other circumstances will continue wherethere are 8-15 employees working.

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ARTICLE 14 – HEALTH ANDWELFARE BENEFITS

14.1.0 It is agreed that the application of the IndustrialRelations Plans comprising the Group Life As-surance Plan, the Pension Plan, (as amended15th February 1984 in regards to curing of serv-ice for layoffs only from 1955 to February 15th,1984 for those persons on payroll only as ofFebruary 15th, 1984 and the curing of servicefor strike time in the 1975 and 1990 strikes forcurrent employees, effective January 1, 1990 asamended 18th February 2014 in regards to cur-ing of service for all layoffs only to February15th, 2014 for those persons on payroll only asof February 18th, 2014), the Ontario Health In-surance Plan, if applicable, and the DisabilityWage Plan and Health and Welfare benefits aslisted in 14.2.0, shall continue in respect of theemployees of the said works.

14.2.0 The Company will provide all employees andtheir eligible dependants with the followinghealth and welfare benefits, effective the firstof the month following the completion of three(3) months’ service:

14.2.1 Green Shield Pay Direct Drug Plan 65 ($1.00co-pay with Product Selection)

14.2.2 Ontario Health Insurance Plan (if applicable)120

14.2.3 Green Shield Semi-Private coverage (Plan 1)

14.2.4 Green Shield Dental Plan 74

14.2.5 Green Shield Extended Health Services U-5Plan (with out-of-Province coverage) orarrangement of Green Shield Plans that provideequivalent benefits to the U-5 plan.

14.2.6 Out of Province Plan OD (formerly referred toas Medex Deluxe)

14.2.7 Life Insurance will be provided in the amountof

Effective 16 Effective 16 February 2016 $ 51000 for all Non Skilled Trades employees andSkilled Trades employees.

(a) Commencing 16 February 2016 the Com-pany will pay the premium on $49,500 ofthe face value of the policy.

(b) Under the terms of the Insurance Policy ad-ministered by Maritime Life under Policy71967 or a policy providing identical bene-fits with another carrier, a totally disabledemployee has the option to elect to receiveInstalment Disability Benefits commonlyknown to the Company and Union as “Pay-out of the Life Insurance”, or to elect to re-ceive Long Term Disability Plan benefits.

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(c) Upon retirement, an employee’s life insur-ance will be reduced to a $12,000 Companypaid policy, unless the employee is in re-ceipt of Instalment Disability Benefitswhere the amount of the insurance has beentotally paid out.

(d) The Company will pay the premium for lifeand accidental death and dismembermentinsurance for all active members of theMine Rescue Team to a maximum oftwenty (20) persons.

(e) The members of the Mine Rescue Team willbe covered while in attendance at Mine Res-cue Competitions, in transit from, or to, acall to perform, or having performed, “MineRescue work”. The insurance coverage forthese employees will be a flat $65,000 ben-efit.

14.2.8 K+S Windsor Salt Ltd. Employees’ PensionPlan, administered by K+S Windsor Salt Ltd.and registered with The Ontario Pension Com-mission as 0228015 as amended from time totime.

The Company agrees to maintain COLA forcurrent and future retirees, who are either cur-rently employed as of 31 December 2015, orretired as of that date, under the Defined Bene-fit pension plan.

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Effective January 1, 2018, an employee mayelect to make, by payroll deduction, optionalcontributions in respect of current service at arate up to two percent (2%) of the employee’scompensation to the DC plan. The Companyshall contribute an amount equal to fifty percent(50%) of the employee’s optional contribution,up to a maximum of 1% of the employee’scompensation.

14.2.9 Disability Wage Plan, providing Sickness andAccident Benefits from the first day of hospi-talization, conscious sedation or after seven (7)consecutive days of disability as follows:(a) For employees who have attained seniority

status but have less than one year of senior-ity, 66 2/3% of regular wages for a maxi-mum period of 20 weeks.

(b) For employees with one or more years ofseniority, payment shall be as follows:(i) In respect of non-occupational disability,an employee will be paid a minimum of$260.00 per week or 80% of regularwages, whichever is greater, for a maxi-mum period of 26 weeks and 50% ofregular wages for a further maximumperiod of 26 weeks.

(ii) For the purpose of this Plan, the regularwages of an employee paid by the hourshall be his/her hourly rate as established

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for Industrial Relations Plan purposesmultiplied by the standard work hoursthat have elapsed during the period forwhich payment is being made; if he/sheis paid by the day, week or month,his/her regular daily, weekly or monthlyrate, respectively, shall be used.

14.2.10 Long Term Disability Plan, providing MonthlyIndemnity Benefits from Maritime Life underPolicy 71967 or a policy providing identicalbenefits with another carrier, in the amount of$2700 per month effective 16 February 2016.These amounts are with no carve out.

14.2.11 The Company agrees to pay fringe benefit pre-miums for a period of forty-eight (48) monthsin cases of sickness or accident except for lifeinsurance for which the Company will pay itsportion of the premium.

14.2.12 Employees absent due to Sickness or Accidentor W.S.I.B. or Long Term Disability shall con-tinue to accumulate seniority.

14.2.13 Employees absent due to Sickness or Accidentor W.S.I.B. or Long Term Disability shall con-tinue to accumulate service in accordance withthe Pension Plan.

14.2.14 The Company agrees to amend these Plans inaccordance with the Memorandum of Settle-

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ment dated February 19, 1999 and also agreesthey will continue without further change dur-ing the term of this Agreement unless changesare agreed to between the Company and theUnion.

14.2.15 The Company will pay 100% of the premiumfor an Employee Assistance Program

14.3.0 The Company will provide all pensioners, theirspouses and eligible dependents with the fol-lowing health and welfare benefits:

1. Green Shield Pay Direct Drug Plan 65 (.35¢co-pay with Product Selection).

2. O.H.I.P. (if applicable).3. Green Shield Semi-private coverage (Plan 1)4. Green Shield Extended Health Services U-5Plan – No Deductible

5. Audio H-16. Vision Plan 7 - $325/24 months.7. Out of Province Plan OD (formerly referredto as Medex Deluxe)

8. Basic Dental Plan 109. Ontario Drug Benefit Co-Pay plus De-ductible

Effective the 1st of January 2018, for an em-ployee to be eligible for pensioners health andwelfare benefits, the following requirementsmust be met;

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- Retirement prior to reaching the age of 65, atleast 55 years of age and at least 30 years ofservice and retire directly from the company.

- Retirement at or after reaching the age of 65, atleast 65 years of age and at least 10 years ofservice and retire directly from the company.

- An employee who directly retires directly fromthe company with at least 10 years of serviceprior to age 65, once the age of 65 years isreached

14.4.0 It is also agreed that written copies of the healthand welfare benefits plans will be made avail-able to each employee and in the event of vio-lation of any of these plans the employee shallhave the right to grieve under this agreement.

14.5.0 The Company will print the Employee’s Hand-book in the back of the Collective Agreementbooklet. The Handbook will not, however,form part of the Collective Agreement. TheCollective Agreement will be printed in aunionized shop.

14.6.0 In the event of the death of an employee or pen-sioner, the Company agrees to continue to paythe premiums for applicable health insurancecoverage for a dependent surviving spouse andeligible dependents, for a maximum of eighty-four (84) months, unless the person qualifies

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for premium free coverage or coverage throughanother employer before that time.

14.7.0 The Company will continue to pay all benefitsunder the industrial relations plans covered inthe Collective Agreement for an employee onshort term leave, not to exceed two (2) monthsin a calendar year, provided there is no dupli-cation of any benefits while on such leave andprovided the Local Union gives the Companywritten notice of the leave of absence, wherepractical.

ARTICLE 15 – SKILLED TRADES15.1.0 For the purpose of this Article, the words

“Skilled Trades” shall refer to the followingclassifications: Machine Repairperson, Welder,Electrician, Carpenter and Painter.

15.2.0 Any further employment in the Skilled Tradesoccupations after the signing of this agreementshall be limited to Journeypersons, except thatduring the period when Journeypersons are un-available, it is agreed that non-journeypersonemployees, whose duties shall be to assist Jour-neypersons, may be reclassified on a temporarybasis to supplement the work force in a SkilledTrades classification. Such non-journeypersonemployees shall be classified as supplemental

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employees. Vacancies for supplemental em-ployees shall be posted plantwide and filled inaccordance with the applicable provisions ofArticle 5.

15.2.1 A supplemental employee shall not accumulateseniority in the Skilled Trades department.

PERMANENT JOBPOSTINGS/ASSIGNMENTS

15.3.0 Any permanent vacancy for a Skilled Tradesemployee or job assignment within a classifi-cation shall be posted plantwide for a period offorty-eight (48) hours. Applications will onlybe accepted from employees who qualify underArticle 15.4.0, in the same classification asnoted in the posting. The most senior trades-person will be the successful candidate. An em-ployee successfully posting to a job in adifferent department will be allowed to resignthe position and return to their former positionwithin five (5) working days, and shall retaintheir seniority. The next most senior qualifiedapplicant will then be awarded the position.

15.3.1 The successful candidate shall be placed on thejob within fourteen (14) days from the postingtermination date. Any permanent SkilledTrades openings not filled in accordance withArticle 15.3.0 shall be filled as follows:

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(a) by the most senior laid off employee quali-fied in the classification required;

(b) by a new hire;

Prior to hiring, the Skilled Trades Committeep-erson shall be given an opportunity to reviewthe credentials of candidates claiming Jour-neyperson status.

15.3.2 When a Journeyperson becomes available ei-ther by hire or transfer, in a skilled classifica-tion to which a supplemental employee hasbeen assigned, such Journeyperson shall re-place the supplemental employee who shallthen be laid off or returned to his/her originaldepartment.

TEMPORARY JOBPOSTINGS/ASSIGNMENT

15.3.3 When a temporary Skilled Trades vacancy, orjob assignment within a classification occursfor any reason other than casual absence (hereindefined as any absence up to seven (7) calendardays) the Company will post the vacancy, orjob assignment within a classification in theMaintenance Departments simultaneously fora period of twenty-four (24) hours unless theposting takes place on a Friday when it will beposted for thirty-two (32) hours. The most sen-ior tradesperson in the classification in the de-

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partment where the vacancy or job assignmentwithin a classification occurred who desires theposition will be the successful applicant.Should there be no applicant from that Depart-ment the successful applicant will be the mostsenior tradesperson in the classification fromthe other Maintenance Department who appliedfor the vacancy.

15.3.4 The successful applicant will assume the shiftschedule of the vacated position. The Unionwill be notified in writing of the successful ap-plicant as the result of the posting. If no onedesires the position, it will be assigned to themost junior tradesperson in the classification inthe Maintenance Departments, or cancelled atthe option of the Company. There will be norequirement to post the opening created by suchassignment.

15.3.5 A Skilled Trades employee will be permitted tohold a permanent job and one temporary job inthe same classification.

15.3.6 When the Company elects to fill a vacancy ona shift within a Surface Maintenance SkilledTrades classification for any reason other thancasual absence, the Company will canvass forthe position to be filled by seniority.

When the Company elects to fill a vacancy ona shift within a Underground Maintenance

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Skilled Trades classification for any reasonother than casual absence, the Company willfollow this procedure:

i) By Friday at 8:00 am, the Company willpost a Weekly Crew Schedule to start 10days later. The Posting will show the avail-able openings on each shift by trade (ifany). The Company will also decide thenumber of employees from each shift thatcan move or apply for the openings.

ii) Prior to 8:00 am on the following Tuesday,an employee can fill their name and payrollnumber onto the openings as noted above.If there are more employees making a se-lection than required, the highest seniorityemployees will be given their selection.

iii) If insufficient employees apply, the Com-pany will fill the vacancy with the lowestseniority employee from any availableshift.

iv) The posting will be taken down Tuesday at8:00 am and the final Crew Schedule willbe posted by the end of the day shift onTuesday.

15.3.7 In the event the Company moves the startingtime of a Skilled Trades employee working ona Special Assignment in excess of four (4)

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hours, or in the case of a posted position in ex-cess of two (2) hours, in either direction, an af-fected Skilled Trades employee will have theoption of “resigning” from the position and theresulting vacancy will be filled in accordancewith the provisions of the collective agreement

15.4.0 The term “Journeyperson” shall mean any per-son:

(a) Who is now classified as a Skilled Trades-person at Ojibway Mine, or

(b) Who holds a Unifor Journeypersons card inone of the classifications listed in Article15.1.0, or

(c) Who, in the case of a non-apprentice basedtrade, has 8 years of practical experience insuch trade and can produce satisfactory doc-umentary evidence to substantiate his/herclaim, or

(d) Who has served a bonafide apprenticeshiprecognized by the Province of Ontario inone of the Skilled Trades listed in paragraph15.1.0, and holds a certificate which sub-stantiates his/her claim to such service, or

(e) Who in the case of an Electrician or a Me-chanic holds a valid license as prescribed bylaw.

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15.5.0 Work which is normally performed by SkilledTrades employees shall be assigned to Jour-neyperson tradesperson or supplemental em-ployees as defined in clauses 15.2.0 and 15.4.0;however, it is understood and agreed that:

(a) Labourers in the Maintenance Departmentshall continue to assist Skilled Tradesper-sons by performing non-skilled work asso-ciated with the work of the Tradespersons.

(b) Members of one Skilled Trade shall con-tinue to assist members of another SkilledTrade, when so required.

However, when modified Maintenance crewsare working on overtime, the Company shallutilize two members of a Skilled Trade to per-form the work rather than having a member ofone Skilled Trade assist a member of anotherSkilled Trade when so required, where there isno possibility of work being required in morethan that trade. This paragraph does not applyto Skilled Trades employees in Skilled Tradesclassifications with only one employee.

The Company will also keep a Skilled Tradesemployee on to work overtime at the end ofhis/her shift (other than to replace an employeewho is absent on the following shift) to assist amember of the same skilled trade where thereis no possibility of work being required in more

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than one trade. This paragraph does not applyto Skilled Trades employees in Skilled Tradesclassification with only one employee.

(c) Available maintenance work undergroundor on surface shall be distributed by classi-fication among employees normally per-forming the work to be done in theirrespective departments.

(d) The Company agrees that Arc Flash trainingis required. The Company will provide theappropriate level of training pursuant to theCompany Employee Health and Safety Pol-icy within a reasonable time following rat-ification.

15.6.0 The Company will train Skilled Trades employ-ees to perform work in their trades in the main-tenance of new equipment and the skillsnecessary to maintain existing equipment. TheCompany will address the training require-ments on new equipment that is introduced tothe facility.

15.6.1 Furthermore, the parties agree that with the in-troduction of new techniques and technologies,it is important that advance planning be madeto anticipate skills, needs and training requiredso that Skilled Trades employees can performthe duties of their trade.

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15.6.2 The Company agrees to continue its presentpractice of affording the workers affected bythe introduction of new technologies the oppor-tunity to apply themselves to the new skills andthe new technology so that they can perform theduties of their trade.

15.6.3 The Company will continue to pay the cost ofthe training to afford Bargaining Unit employ-ees (who have the basic knowledge and abilityto be trained) the opportunity to keep currentwith new methods, tools, machines, and newtechnology affecting their work and job secu-rity.

15.6.4 The Company will notify the Union ninety (90)days in advance of any introduction in newtechnology and will notify the Union in ad-vance of the introduction of new techniques soas to give the affected Bargaining Unit em-ployee (who has the basic knowledge and abil-ity to be trained) the opportunity to becomeacquainted with the new skill needs so that hewill be available to perform the work whenneeded.

15.6.5 During his/her regularly scheduled work weekall hours involved on training shall be consid-ered as hours worked and the Company agreesto pay the employees attending such courses theappropriate rate of pay as outlined in Article7.2.0 and approved expenses, less any moniesreceived from other sources.

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15.6.6 Should such training take place on the em-ployee’s day(s) off, he/she shall be paid straighttime wages for the hours spent at such trainingexcept when he/she would have been called towork overtime in which case he/she will bepaid in accordance with Article 7.3.0.

15.6.7 Hours spent on training off the Mine site willbe paid a maximum of eight (8) in any calendarday.

15.7.0 The Company will deduct, from the pay of eachJourneyperson, as defined in Article 15.4.0 theannual Skilled Trades dues, as directed by theUnion. Such deductions will be made from thesame pay period as the deduction of the Unioninitiation fee and thereafter, on an annual basisfrom the second pay period in January, suchdues shall be remitted to the appropriate LocalUnion along with a list of each Journeypersondesignating his classification and the amountdeducted.

15.8.0 The Company shall supply metric and special-ized tools for use by Skilled Trades employeeswhen required in the performance of theirwork.

15.8.1 The Company will continue its past practice ofrepairing or replacing employees’ tools thathave been damaged while performing assignedmaintenance work. Lost tools will also be re-

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placed by the Company at no cost to the em-ployee if such loss is reported to the employee’ssupervisor within a reasonable time and with areasonable explanation as to the circumstancessurrounding the loss. The Company will agreeto replace broken or lost tools with tools of sim-ilar cost and quality.

15.8.2 The Company will reimburse Skilled Tradesemployees up to a maximum of $150.00 percalendar year per person, for Skilled Trades li-cense(s) that they require in the performance oftheir duties. Trades persons will be required toshow their licence or proof of payment. Ifamount payable is for 2 or 3 years, then thispayment is cumulative.

15.9.0 Only properly instructed and qualified SkilledTradespersons shall work on and perform theregular inspections of the hoists and sign the re-quired record books. The Company will pro-vide an opportunity for hoist mechanic trainingfor new Machine Repairperson employees priorto the completion of their probationary period.As well, in the event the Company requires theservices of an outside contractor to work on thehoist, only contractors that are qualified to dothe required work on the hoist will be utilized.

15.10.0 The Company agrees to continue its presentcoverall service, a nine (9) pair cycle, for allclassified Skilled Trades employees at no costto the employees.

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15.11.0 The seniority of Skilled Tradespersons shall beestablished by separate seniority lists for eachclassification listed in section 15.1.0. Presentemployees in these classifications shall retaintheir present seniority date. The seniority dateof future new employees shall be established inaccordance with the provisions of Article 4.1.0of this Agreement. The seniority date of an em-ployee who is reclassified from a nontradesclassification to a Skilled Trades classificationshall be the date of reclassification.

LAYOFF15.12.0 In the event of a layoff in any Skilled Trades

classification, the junior employees in that clas-sification on a plant wide basis shall be laid off,provided the remaining employees are willingand qualified to perform the work available.

15.12.1 The employees affected shall be given prefer-ence in filling new vacancies in unskilled clas-sifications, but shall not be permitted to carrytheir seniority into these classifications.

15.12.2 In the event the employee laid off in one clas-sification is qualified under paragraph 15.4.0 asa Journeyperson in another Skilled Trades clas-sification, the employee shall be permitted todisplace a junior employee in the other classi-fications. Such employee shall return to his/herformer classification on recall or shall take date

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of entry seniority into the new classificationand shall forfeit any recall right to his/her for-mer classification.

15.12.3 Should a classification be discontinued or elim-inated, the employees affected shall be permit-ted to exercise their total company seniority indisplacing junior employees in other classifica-tions provided the employee is willing andqualified to do the work available.

RECALL15.13.0 Recalls in any Skilled Trades classification

shall be in reverse order of layoff by classifica-tion provided the employee is willing to do thework available. The provisions of Articles9.5.0, 9.7.0, 9.8.0, and 9.8.2 also apply toSkilled Trades employees.

15.14.0 A Skilled Trades employee who has workedtwo consecutive forty-eight (48) hour weekswill be permitted to be absent with permissionone day within the following week providedhe/she notifies his/her supervisor by Friday ofthe preceding week, and provided further thatsuch employee will not be required for anyweekend work because of hoisting or boat load-ing requirements.

15.15.0 Troubleshooting, adjusting, and repairing com-missioned programmable logic controller pro-

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grams will be considered work normally as-signed to bargaining unit electricians in their re-spective departments. Accessing and changingoperator menus and screens only in operatormode will not be considered adjusting.

ARTICLE 16 – EMPLOYMENT OFHOISTPERSONS

16.1.0 The rate of pay in the Hoistperson classificationshall be maintained at parity with the SkilledTrades classification.

16.1.1 The word “Hoistperson” as used in this Article16 refers to an employee who is qualified in thisclassification in accordance with the require-ments of the Occupational Health and SafetyAct 1978 and Regulations for Mines and Min-ing Plants.

16.2.0 Permanent vacancies in the Hoistperson classi-fication including Relief Hoistperson, shall beposted plantwide in accordance with the proce-dure outlined in Article 5.1.0. An employeewho is employed as a Relief Hoistperson, dur-ing periods of leave of absence, injury, illnessor vacation, shall be permitted to retain his/herseniority in his/her former classification butshall not accumulate seniority in the Hoistper-son classification.

16.3.0 In the event of a curtailment of work, Hoistper-140

sons shall be permitted to exercise their senior-ity in accordance with Article 9.1.0, 9.2.0,9.2.1, and 9.3.0.

16.4.0 Overtime in the Hoistperson classification shallbe distributed in accordance with the followingprocedure and subject to the provisions of Ar-ticle 7.1.1:(1) (a) Overtime resulting from an absence of

two (2) days or less, shall be offered firstto the regular Hoistpersons.

(b) If refused by regular Hoistpersons, itshall be offered to the Relief Hoistper-son(s).

(c) If refused by Relief Hoistpersons, itshall be offered to qualified Spare Hoist-persons from the Mine Department.

(2) A Relief Hoistperson, or qualified spareHoistperson who is the successful appli-cant of a temporary job vacant for a regularHoistperson during periods of vacation, dis-ability or other leave of absence, shall sharein the distribution of overtime while servingin this capacity.

(3) (a) Overtime resulting from the casual ab-sence of a Relief Hoistperson, shall beoffered first to the other Relief Hoistper-son(s).

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(b) If refused by the Relief Hoistperson(s),then the overtime will be offered to thequalified spare Hoistpersons in theMine Department.

(c)If refused by the qualified spare Hoist-person(s), then the overtime will be of-fered to the regular Hoistperson.

16.5.0 A Regular or Relief Hoistperson who hasworked two consecutive forty-eight (48) hourweeks will be permitted to be absent with per-mission one day within the following week pro-vided he/she notified his/her supervisor byFriday of the preceding week, and provided fur-ther that such employee will not be required forany weekend work because of hoisting.

16.6.0 When a Hoistperson is working twelve (12)hours production, he/she shall receive a 10minute break period during the last four (4)hours, in addition to the breaks provided in Ar-ticle 6.3.0.

16.7.0 Temporary vacancies in the regular Hoistpersonclassification shall be posted pursuant to Article5.2.0 and the successful applicant will be themost senior qualified permanent Relief Hoist-person applicant pursuant to Article 5.2.0.

16.8.0 Qualified spare Hoistpersons not having activetime operating the hoist, shall receive at leasttwelve (12) hours of training every four (4)

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months to maintain current practises and qual-ification.

16.9.0 All temporary job postings for a regular Hoist-person(s) or Relief Hoistperson(s) during theannual plant shutdown will be based onplantwide seniority, pursuant to Article 5.10.0,5.10.1 and 5.10.2.

ARTICLE 17 – CONTRACTING OUT17.1.0 It is agreed that members of the Bargaining

Unit shall not be sent home, laid off, or con-tinue to be laid off, as a result of work whichthey customarily perform being contracted outto other sources.

17.2.0 Whenever it becomes necessary for the Com-pany to contract out a particular portion of itswork load or requirements, the Companyagrees to discuss the matter with the Union, inadvance, in accordance with the Letter of Un-derstanding #14.

17.2.1 In the case of any installation or assembly ofnew machinery in the Plant, it is mutuallyagreed that where reasonably practical the re-pair and maintenance of such shall normally bethe responsibility of the Company who will usemembers of the Bargaining Unit.

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17.2.2 It is also mutually agreed that required warrantywork or speciality work may be performed byother sources, in accordance with Letter of Un-derstanding #14.

Warranty WorkThe Company will permit the Plant Chairper-son and applicable committeeperson to reviewthose portions of warranty agreements with re-spect to equipment acquired by the Companyfor the purpose of ascertaining the type of war-ranty work covered, the scope of warranty workand the period of the warranty. The Union con-firms that the information that the Union re-views will be kept confidential.

17.2.3 It is further agreed that only unionized con-struction contractors’ employees will be permit-ted to work at the Ojibway Mine.

ARTICLE 18 – DISCIPLINE ANDGRIEVANCE PROCEDURE

18.1.0 A dispute, grievance or misunderstanding(hereinafter call “grievance”) involving occu-pational classification, wages, hours or otherworking conditions, which any employee orgroup of employees may desire to discuss andadjust with the Company shall be handled asoutlined below.

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STEP 1 An employee, or group of employees having agrievance, shall first take the matter up withhis/her foreperson verbally, whether directly orthrough his/her committeeperson or stewardwithin five (5) days from the time such griev-ance arose or became apparent. The forepersonshall respond to a verbal presentation by theemployee or Committeeperson within two (2)days of the presentation. If the matter cannotbe resolved in discussion with the foreperson,the grievance may then be submitted to theforeperson in writing by the committeepersonwithin three (3) days following the foreperson’sverbal disposition. The foreperson must thenreply in writing within the following three (3)days.

STEP 2 If the foreperson’s written reply does not settlethe matter to the satisfaction of the Union, thegrievance may then be appealed by the Com-mitteeperson within three (3) days following re-ceipt of the foreperson’s written reply, to theSuperintendent of the department involved. Ameeting between the committeeperson and theSuperintendent shall take place within three (3)days following the receipt of the appeal to theSuperintendent in an attempt to resolve thegrievance. If the grievance is not resolved atthe meeting with the Superintendent and theCommitteeperson, the Superintendent shallgive his/her written decision of the grievanceto the Committeeperson within three (3) daysfollowing the meeting.

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STEP 3 If the Superintendent’s written reply does notsettle the matter to the satisfaction of the Union,the grievance may then be appealed by thePlant Chairperson to the Human ResourcesManager within three (3) days following the re-ceipt of the Superintendent’s written reply. Ameeting shall be scheduled with the Human Re-sources Manager and Mine Manager for theCompany and the Chairperson along with thefull Union Plant Committee within three (3)calendar weeks following the appeal of the Su-perintendent’s reply.

Other grievances appealed to the Human Re-sources Manager during the interim period be-tween the first grievance which established therequirement for a meeting at Step 3 of thegrievance procedure and up to 72 hours beforethe commencement of the Step 3 meeting, maybe included on the agenda for discussion atsuch meeting.

The Chairperson of the Union and the HumanResources Manager shall meet to exchange anddiscuss a statement of fact sheet outlining thefacts of the grievance(s). The fact sheets shallbe exchanged at least 72 hours prior to the thirdstep grievance meeting. Any fact sheets ex-changed shall not be admissible at any subse-quent arbitration proceeding.

The Human Resources Manager shall be re-146

quired to answer the grievances heard at thethird step meeting in writing within three (3)days following such meeting.

STEP 4 If the Human Resources Manager’s written dis-position does not resolve the grievance(s) to thesatisfaction of the Union, the Plant Chairpersonmay appeal his/her answer to the Mine Man-ager within three (3) days following the writtendisposition from the Human Resources Man-ager and the Plant Chairperson and the UniforNational Representative for the Union not laterthan 30 days following the written reply of theHuman Resources Manager.

The Mine Manager shall respond in writing tothe National Unifor Representative (with acopy to the Plant Chairperson) within five (5)days after the meeting with the Union at Step4. Time limits may be mutually extended byagreement of both parties.

18.2.0 All Company level meetings referred to in thisArticle may be attended by the Union PlantCommittee as defined in Article 2.1.0.

18.3.0 No grievance may be lodged against the releaseby the Company of a probationary employee.

18.4.0 In the event the Company discharges a seniorityemployee, the discharged employee may pres-ent a grievance in writing at step three (3) ofthe grievance procedure either directly or

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through his/her Union Representative withinfive (5) days of the letter of discharge. TheCompany will arrange a meeting with theUnion within three (3) days unless these limitsare extended by mutual consent. The Companywill render its decision in writing within three(3) days following this meeting.

18.5.0 Any settlement of a grievance under this Agree-ment affecting the earnings of an employeeshall not be retroactive to a date earlier than thedate the grievance occurred.

18.6.0 An allegation involving the misinterpretationor violation of any provision of this Agreementmay be lodged in writing with the Company, bythe President of the Local, by the Plant Chair-person or his/her alternate, or by a NationalRepresentative of the Union in Canada. Uponfailure of the Company and Union to agree ona settlement of the issue, it may be referred toarbitration in accordance with the provisions ofArticle 19 of this Agreement.

18.7.0 The Company will notify the Union and theemployee in writing of the reason(s) for the dis-charge or suspension of any employee beforethe employee leaves the facility. The formalletter of discharge or suspension will be pro-vided in writing within forty-eight (48) hours.A copy of any further letters to the dischargedor suspended employee will be sent to the Plant

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Chairperson/Local Union President. Any al-legedly unjust action by the Company in thisconnection may, after exhausting the grievanceprocedure, be referred to arbitration as providedin Article 19 of this Agreement. The period forfiling a grievance arising out of discipline ordischarge will not commence until the letter isprovided. Such grievance will commence atStep 3 of the grievance procedure.

18.7.1 The Company will provide the Plant Chairper-son/Local Union President with a copy of anyletter to be placed on an employee’s file.

18.9.0 The area Union Representative (Committeep-erson or Steward) shall be advised by supervi-sion prior to any employee being disciplined ordischarged. The employee shall be advised ofhis/her right to have his/her Union Representa-tive present at these discussions. Should theemployee elect to have his/her Union Repre-sentative present the latter shall be permitted toattend the discussion concerned. In the event aproblem arises in an area in which neither aCommitteeperson or Steward is at work and theproblem cannot be resolved by the forepersonand the employee, the Company, under thesecircumstances, agrees to recognize the nearestUnion Representative in the plant.

18.10.0 In imposing discipline on a current charge,management will not take into account any

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prior infractions which occurred more thantwenty-four (24) months previously. Coun-selling, or a verbal or a written warning will notbe taken into account after twelve (12) months,provided the employee has received no otherdiscipline of any nature during the twelve (12)month period.

18.9.1 Legitimate absence shall not be considered assufficient cause for discipline.

18.10.0 The time limits specified in this Article shall bedeemed to be exclusive of Saturdays, Sundays,and paid Holidays and may be extended onlyby written mutual agreement between the par-ties.

18.11.0 In instances where a grievance relates to a dis-agreement on the meaning or interpretation ofthe Collective Agreement, such meeting shallbe attended only by the Union Plant Committeeprovided that a National Representative orLocal President may attend if required.

18.11.1 Where the nature of the grievance is clearly acase of discipline, discharge or personal safety,the grievor will be permitted to attend andwhere the initial handling of such a grievancewas carried out by the Steward in the absenceof a Committeeperson, the Steward may alsoattend.

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18.11.2 In the case of a group grievance, one (1) of thegrievors may attend the meeting. In the eventone of the grievors is the Steward that handledthe grievance, then the Steward may attend inhis/her Union capacity and another grievor mayattend as a grievor.

18.11.3 It is recognized there may be some occasionswhere a person or person not normally permit-ted to attend a particular meeting may be re-quired in order to clarify a specific point ofcontention. The Company accepts this to be apossibility and in these instances will agree towaive the specific provisions on the limitationsof those person permitted to attend such meet-ings.

18.11.4 The number of Company representatives atCompany level grievance meetings shall at notime exceed the number of Union Representa-tives.

18.11.5 Members of the Union Plant Committee, em-ployees or Stewards permitted to be in atten-dance shall be paid for that part of theirregularly scheduled working hours devoted toattendance at such meetings.

18.11.6 A grievance by the Company or the Union con-cerning the interpretation, application or al-leged violation of the provisions of thisAgreement, including disputes involving mon-

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etary damages, may be submitted to the otherparty in writing at Step Three, instead of fol-lowing the regular grievance procedure. Thetime limit for filing such a grievance shall bewithin five (5) days from the time such griev-ance arose or became apparent.In the event the policy grievance is not resolvedthrough the grievance procedure and the griev-ance proceeds to arbitration, the arbitrator shallhave the right to award monetary damages.

18.11.7 No employee or group of employees shall settleany grievance or dispute to the detriment orprejudice of the Union pursuant to the terms ofthe Agreement.

ARTICLE 19 – ARBITRATION19.1.0 Prior to or within a period of thirty (30) days

following the date of the confirmation of theCompany’s decision to the National Represen-tative, any grievance or other matters in disputebetween the Company and the Union involvingthe interpretation, application, administrationor alleged violation of any article of this Agree-ment including any questions as to whether amatter is arbitrable may, in the event of failureto reach agreement thereon, be referred by ei-ther party to arbitration to an impartial umpirein accordance with the procedure containedbelow.

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(a) The party desiring to submit a matter to ar-bitration shall deliver to the other party a no-tice in writing of intention to arbitrate. Thenotice shall state the matter at issue in con-cise terms and shall state precisely thegrounds for the allegation by reference tothe specific clause or clauses relied upon.The notice shall also stipulate the nature ofthe relief or remedy sought.

(b) Within ten (10) days after the date of deliv-ery of the foregoing notice, the parties shallmeet to select an impartial umpire.

(c) Should the parties fail within five (5) daysto agree on an umpire, the Minister ofLabour of the Province of Ontario may berequested by either party to appoint a personwho shall be umpire.

(d) After the umpire has been selected or ap-pointed by the foregoing procedure, he/sheshall hear the evidence of both parties andrender a decision within seven (7) days afterthe completion of taking evidence.

(e) The time limits specified herein shall bedeemed to be exclusive of Saturdays, Sun-days and holidays and may only be ex-tended by written mutual agreementbetween the parties or by the umpire.

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19.2.0 The decision of the umpire on the matter atissue shall be final and binding on both partiesbut the jurisdiction of the umpire shall be lim-ited to deciding the matter at issue within theexisting provisions of the Agreement and in noevent shall the umpire have the power to addto, subtract from, alter or amend this Agreementin any respect. However, the umpire shall havethe right to modify a penalty of suspension ordischarge which he/she considers to be unjustor unreasonable.

19.3.0 Each party shall pay its own costs and fees andexpenses of witnesses called by it. The fees andexpenses of the umpire shall be shared equallybetween the parties.

ARTICLE 20 - TERMINATIONOF AGREEMENT

20.1.0 This Agreement shall be effective from the 16thday of February, 2017, to and including the15th day of February, 2020. Either party shallbe entitled to give notice in writing to the otherparty as provided in the Labour Relations Actof its desire to bargain with a view to the re-newal of the expiring Collective Agreement atany time within a period of 90 days before theexpiry date of the Agreement. Following suchnotice to bargain, the parties shall meet within

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15 days of the notice or within such further pe-riod as the parties mutually agree upon.

20.1.1 It is agreed that during the course of bargainingit shall be open to the parties to agree in writingto extend this Agreement beyond the expirydate of the 15th day of February, 2020, for anystated period acceptable to the parties and in ac-cordance with the Labour Relations Act.

20.1.2 For the purposes of this clause, any noticeunder this article shall be deemed to have beenreceived by the party to whom it is sent on theday of the mailing of such notice by registeredmail addressed to the current address of theother party.

20.2.0 The party giving the notice in accordance withclause 20.1.0 hereof shall at the same time assuch notice is issued, and the party receivingthe notice shall within ten (10) days of its re-ceipt of such notice, respectively, present to theother party in writing any proposed modifica-tions or revisions of this Agreement.

ARTICLE 21 – NOTICES21.1.0 The notice provided in Article 20 shall be sent

by mail, if to the Union to Unifor, 2345 CentralAvenue, Windsor Ontario, N8W 4J1 and if tothe Company to K+S Windsor Salt Ltd. (Ojib-way Mine), 200 Morton Drive, Windsor, On-tario, N9J 3W9

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LETTER OF UNDERSTANDING NO. 1DAY OF MOURNING

The Company recognizes April 28th of each year as aDay of Mourning for fatally injured workers in theProvince of Ontario.

On this day, the flag will be flown at half mast and oneminute of silence will be observed at 11:00 A.M.

LETTER OF UNDERSTANDING NO. 2UTILITY CLASSIFICATION

QUALIFICATIONS

Utility employees must be qualified on the followingfunctions to maintain their overall Utility job classifica-tion, as a minimum. Failure to meet these training re-quirements will force Utility employees into theClean-up classification in the Mine and Warehouse Gen-eral in the Mill.

Mine Mill1. LHD 1. Fork Lift Operator2. Prep Crew 2. Bagger3. Clean-up 3. Warehouse Tender4. Janitor 4. Dispatcher5. Scooptram/Loader 5. Bulk Loader6. Surface Fork Lift 6. Labourer

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Plus two of:a. Mechanical Scalerb. Powderperson/Blaster/ Missed Hole Washerc. Undercutter Operatord. Jumbo Operator

Utility employees in the Mine and Mill departments willselect their work assignments as prescribed in Article4.6.0 and 4.7.0. Additionally, should there be no em-ployees absent in the Mill, Utility employees may beplaced on cleanup duties.

The Utility classifications will not be considered a jobfor overtime purposes except when full production over-time shifts are planned.

Employees in the Mine Utility classification hired priorto 1 Oct 16 will only require one (1) of the optional re-quirements to remain qualified.

LETTER OF UNDERSTANDING NO 3TRAINING

The Company and Union will establish a Joint TrainingCommittee comprised of three (3) managerial employeesand three (3) bargaining unit employees to implement atraining program in the Mine, Mill, and Non-SkilledTrades portion of the Maintenance Departments as fol-lows:

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(1) The three (3) bargaining unit membersshall be the Plant Chairperson, a MineRepresentative (who shall also representthe Non-Skilled Trades portion of the Un-derground Maintenance Department) anda Mill Representative (who shall also rep-resent the Non-Skilled Trades portion ofthe Surface Maintenance Department) se-lected by the Union.

(2) The three (3) managerial members shall bethe Mine Manager, a Mine Representativeand a Mill Representative selected by theCompany.

(3) With the exception of the Plant Chairper-son and the Mine Manager, the othermembers of the Committee shall not bemembers of the Joint Occupational Healthand Safety Committee.

(4) The Company will provide a minimum ofsix thousand, five hundred (6500) hours’training per contract year (exclusive ofCommon Core training). Up to 640 hoursof this training will be offered to non-skilled maintenance employees to train inanother department. The Company willprovide the Union with the number ofhours of training utilized annually.

(5) Training during the prime vacation periodwill be subject to theefficient operation ofthe departments affected.

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(6) Training opportunities will be posted andoffered to the most senior unqualified em-ployees within the department. In theevent insufficient employees post for atraining opportunity, training willbe as-signed to the junior employees in the de-partment, subject to paragraph 8 below.The Company will post the number oftraining opportunities.

(7) The Committee will determine the classi-fications and number of employees that re-quire training. However, in the case of adispute the Mine Manager will determinethe classifications and number of employ-ees that require training, after discussionwith the Plant Chairperson in this regard.

(8) The Joint Training Committee will deter-mine the maximum number of jobs an em-ployee will be trained on in a twelve (12)month period.

(9) Disputes relating to the implementationand application of the training programsthat are not resolved by the Joint TrainingCommittee will be referred to the JointOccupational Health and Safety Commit-tee for resolution.

(10) The determination that an employee istrained for a job classification shall be a

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consensus of opinion of the Company andUnion representatives from the JointTraining Committee and the person doingthe training and the trainee in the Depart-ment concerned.

(11) The Company will post a notice of quali-fications expiration dates on or before the1st of June and the 1st of December ofeach year. In addition to this, Departmentalqualification lists will be reviewed and up-dated on or before the 1st of June and the1st of December of each year.

(12) The Company will notify the respectiveUnion Training Officers of any trainingoccurring within their department.

Training in Non-Skilled Maintenance andStores positions will be offered by plant-wideseniority.

LETTER OF UNDERSTANDING NO. 5LOCKERS

Employees will be assigned 1-3/4 lockers for use duringtheir employment. The Company will provide a lock ifdesired, but does not accept responsibility for the em-ployee’s contents.

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LETTER OF UNDERSTANDING NO. 6PACKAGING AND LOADING

The Company undertakes that during the life of the cur-rent Collective Agreement, it will not contract out exist-ing packaging or loading work or jobs at Ojibway toindependent third party contractors. K+S Windsor SaltLtd. facilities and Morton Salt, Inc facilities are not in-dependent third party contractors.

LETTER OF UNDERSTANDING NO. 7WORK SCHEDULE

In the event the Company becomes unable to meet ade-quate daily tonnage requirements with its current hoist-ing schedule due to matters such as ventilationconstraints, availability of mining rights, decrease inmining panel widths and the thinning of the ore body,during the life of this agreement, it is understood that itmay be necessary to implement a work schedule otherthan the present schedule (i.e. 7 day operation).

Both parties acknowledge that it is preferable to maintainthe present Monday through Friday work schedule.However, if another work schedule becomes necessary,the Company shall provide the Union with as much no-tice as possible. In any event, the Company will give atleast three (3) months’ written notice, by registered mail,to the National Representative and the Chairperson ofthe Committee.

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Following such written notice the Company will meetwith the National Union and the Plant Committee to dis-cuss implementation of an alternate work schedule.Specific details of the alternate work schedule will de-pend on the circumstances necessitating such implemen-tation. Insofar as it is possible, an alternate workschedule would reflect the needs of the Company as wellas the job security and conditions of employment of thework force.

LETTER OF UNDERSTANDING NO 8WORKING ALONE

Shaftpersons and Shaftperson Helpers will not be re-quired to work alone contrary to the Shaftsman/Shafts-man Helper Procedures. Without limiting the generalityof the foregoing, working at the Collar of the Shaft, orat the Mine Level of the Shaft, shall not be consideredas working in the shaft. Equipment washers will not berequired to work alone when in the field. Equipmentwashers will be allowed to work alone in the wash bayas long as climbing is not required.

LETTER OF UNDERSTANDING NO. 9OVERTIME MEALS

The Company undertakes to meet with the OjibwayCommittee to discuss problems with respect to meals,particularly meals for employees working overtime on

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loading the barges with the intent of resolving these dis-putes.

LETTER OF UNDERSTANDING NO. 10CHEMSAL CLUB ACTIVITIES

The Company shall pay for members of the ChemsalClub Executive to attend Chemsal Club activities as fol-lows. When Chemsal Committee members are paid (1hour) overtime for attending to Chemsal activities, theovertime will not be added to their overtime record. TheExecutive Committee will schedule such attendances,subject to approval of the Company and the efficient op-erations of the Company:

a) Monthly meetings (up to two hours permonth)

b) One day per year for the purpose of purchas-ing gifts for the Annual Children’s Christmasparty.

c) Such other time as the Executive Committeeconsiders necessary.

LETTER OF UNDERSTANDING NO. 11T-4 SLIPS

The Company will endeavour to distribute T-4 slips toall employees by January 31st of any calendar year. The

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Company will endeavour to distribute pension state-ments to all employees by August 1st of any calendaryear.

LETTER OF UNDERTANDING NO. 12DRUG AND ALCOHOL

During the 1993 negotiations, the Union and the Com-pany representatives discussed drug and alcohol diseaseas it affects our employees that are represented by Uni-for.

Upon written approval by the Company, an employeewho commits himself/herself to a prescribed rehabilita-tion program may receive disability wage benefits. It isspecifically understood that the discretion to grant sucha leave and disability benefits rest solely with the Com-pany. An employee who is granted such a paid sicknessand accident leave by the Company will not have his/herjob security jeopardized while remaining in such a pro-gram.

The Company and the Union agree to meet and discussany problems that may develop in a collective effort tomaintain an effective program.

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LETTER OF UNDERSTANDING NO. 13PREGNANCY/PARENTAL/ADOPTION

LEAVE

The Company will grant an employee pregnancy and/orparental leave, or adoption leave in accordance with theprovisions of the Employment Standards Act. The Com-pany will make the Employer contributions, if any, tobenefit plans for participating employees for a period ofup to 52 weeks, provided the employee continues tomake any required contributions of such plans.

Seniority and service shall accumulate during the periodof such leaves. If any employee wishes to return to workprior to the expiration of their leave, they must give thecompany four (4) weeks notice.

A leave of absence of up to twelve months will begranted when required by an adoption agency or by lawin connection with the adoption of a child by an em-ployee and shall be considered the same as a preg-nancy/parental leave. When applying for adoption leave,an employee shall provide the company with a certificatefrom the agency.

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LETTER OF UNDERSTANDING NO. 14CONTRACTING OUT TO OTHER

SOURCES

The Company shall continue to use members of the bar-gaining unit to perform work presently carried out bythose employees.

The General Manager and the Plant Chairperson willmeet to review the work presently contracted out to othersources, excluding service contracts (other than mobileequipment) and speciality work to bring as much workback into the bargaining unit.

In the event it is necessary to perform any work in theplant involving overtime, it shall be the responsibility ofthe Company to give preference to qualified members ofthe bargaining unit to perform the task prior to contract-ing the work out of other sources.

This Letter of Understanding does not apply in the fol-lowing situations:

(a) During the annual plant shutdown. (TheCompany will provide the Union with acontracting out memo for this work.)

(b) On a new major construction and newmajor installation projects.

Before the Company engages the services of an outsidecontractor, the following procedure shall apply:

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1. Except in the case of emergencies, as definedin Article 9.6.0, the Company will providethe Union with three (3) working days noticeof work the Company intends to contract out.

2. The person responsible for contracting out aparticular job will outline on a Readi-Memothe nature and scope of the work to be done(including work to be done by sub-contrac-tors) and will also indicate the anticipateddate of completion of the work. Once a con-tractor is on site, they will not work in anyother area or on any other piece of equipmentthan set out in the Readi-memo without anew Readi-memo being provided.

3. The work shall be discussed with the Unionand a final disposition as towhom shall per-form the work will be recorded in writing inmemo form. Both parties will initial the formand a copy will be given to the Manager andthe Union.

4. If Union Representative does not agree tosign memo, a meeting will be arranged withthe Union Chairperson and Mine Manager todiscuss the contracting out. The Companyconfirms that the meeting with the UnionChairperson prescribed by paragraph 4 willnot be bypassed by the Company.

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5. The Company agrees to post contracting outmemos in the Gate House prior to the workbeing started.

LETTER OF UNDERSTANDING NO. 15JOB STANDARDS

If a dispute arises between the Company and the Unionwith respect to job standards, the Union will be allowedto have a Unifor Representative and/or Unifor NationalRepresentative present and participate in any time studybeing done with respect to job standards.

LETTER OF UNDERSTANDING NO. 16RIGHT TO PRIVACY

The Company recognizes the right to each employeeunder the Health Disciplines Act to maintain the confi-dentiality of all medical information submitted to theCompany Health Professional by the employee or any-one authorized by the employee.

The Company agrees that it will handle medical infor-mation in accordance with the Health Discipline Act andwill not release nor transmit such confidential medicalinformation to any individual or organization without theconsent of the employee.

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The Company will continue to use the existing Sicknessand Accident application forms (Herald 25558) and theseforms will be mailed directly to the Company HealthProfessional by the employee or anyone authorized bythe employee.

The Company will not utilize video surveillance equip-ment on Company property maliciously or in bad faith.The Company confirms that video cameras are not beingused to monitor employee performance.

LETTER OF UNDERSTANDING NO.17LEAVE OF ABSENCE

The Company, being shown good and sufficient reasons,will grant a leave of absence without loss of seniority fora period not to exceed fifty (50) days, except in the caseof illness or accident making it impossible for the em-ployee to return to work.

Exceptions to the above conditions governing a leave ofabsence may be made only by mutual agreement be-tween the Company and the Union. If an employee’s re-quest for a personal leave of absence is rejected, he/shemay appeal this decision to the Manager.

No leave of absence will be granted to allow an em-ployee to work elsewhere.

An employee will accumulate service while on a leaveof absence pursuant to the provisions of the Company

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Pension Plan. Benefit coverage will continue for the du-ration of the leave.

The provisions of this Letter of Understanding are in ad-dition to the provisions of Article 12.6.0.

LETTER OF UNDERSTANDING NO. 18LHD AND OTHER DUTIES

Employees working on the 5:00 p.m. to 1:00 a.m. shiftperforming LHD/Other duties function will be paid atthe LHD Operator rate for all hours worked in this func-tion. For the purpose of this letter “other’ duties are de-fined as Clean Up Work or work not normally assignedto employees in the other job classifications listed inSchedule ‘A’. When such employee performs ‘other du-ties’ during the course of his/her shift, this will not beconsidered a job shutdown within the meaning of Article4.7.0 of the Collective Agreement.It is understood that the Company will not assign such‘other duties’ as defined in the letter to any other classi-fication listed in Schedule ‘A’ other than LHD.

LETTER OF UNDERSTANDING NO. 19UNDERGROUND SKILLED TRADES

WORKING ALONEDuring the 1996 negotiations the Company and theUnion recognized that employees in the Underground

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Maintenance Department working alone in themine/field repairing or maintaining equipment is not anacceptable way of performing maintenance functions.

It is therefore agreed that the repair and maintenance ofequipment in the field of the Mine will be carried out asin the past.

Both parties agree that in the past the normal practicewas for a minimum of two Underground MaintenanceSkilled Trades persons to perform the work assignmentsof repairs to equipment. In some instances, a Mainte-nance Skilled Trades person has been accompanied by asupervisory person or a non-skilled employee. The termsof this will not be arbitrarily applied. The Company willcontinue its practice of utilizing the U/G MaintenanceLabourer to assist with fork lift work.

Any difficulties with respect to this Letter will be dis-cussed between the Plant Chairperson/Local Union Pres-ident and the Mine Manager.

LETTER OF UNDERSTANDING NO. 20HOISTMAN DUTIES

During the 2014 Contract negotiations the subject of theHoistman’s duties relative to the ropes and conveyancesof No. 2 Shaft was discussed. It was agreed that whenthese ropes are being tested or changed or when con-veyances are being changed, the operation of the No. 2Hoist will be considered Hoistman’s duties.

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During the 2014 Contract negotiations the subject of theHoistman’s duties relative to the ropes of the Independ-ently Powered Conveyance (IPC) was discussed. It wasagreed that when the IPC ropes are being tested orchanged this will be considered Hoistman’s duties.

LETTER OF UNDERSTANDING NO. 21ROTESCO

In the 2014 Contract negotiations the subject of the HoistMechanics being involved with the Rotesco rope testingon No. 1 and No. 2 Shafts was discussed. The Companyagrees that a trained Hoist Mechanic will be assigned toassist the Rotesco crew and the Shaftperson/ShaftpersonHelper personnel to EM test the No. 2 Shaft ropes andIPC rope..

LETTER OF UNDERSTANDING NO. 22DISABILITY WAGE DISPUTE

MECHANISM

1. In the event of a dispute concerning the medicalevaluation of an employee, the Company andthe Union will select a third party Doctor tomake a binding third party determination. TheCompany and the Union will be bound by thedetermination of such Doctor. The Companywill pay the costs of such medical evaluation.

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2. Where the employee is being treated by a med-ical specialist, the Company will arrange for athird party medical evaluation by a medicalSpecialist selected by the Union and The Com-pany. The Company will pay the costs of suchmedical evaluation.

3. If a medical specialist cannot be available in atimely manner, the medical files of the em-ployee will be forwarded to such medical Spe-cialist by the employee’s Doctor and theCompany Medical Professional for evaluationby the third party Specialist.

4. The decision of the third party Physician orSpecialist shall be final and binding on bothparties and will not be subject to Articles 18 or19 of the Collective Agreement.

5. This Letter of Understanding will apply toSickness and Accident claims even if the Em-ployer switches to an insurance carrier for Sick-ness and Accident coverage. This Letter ofUnderstanding does not apply to medical eval-uations involving Long Term Disability.

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LETTER OF UNDERSTANDING NO. 23SPECIAL ASSIGNMENTS

The Company will continue its practise of allowingSkilled Tradespersons to have preference by seniority onspecial assignments, where shift schedules, workloadand the efficient operation of the Department permit. TheCompany will not exercise its discretion regarding theefficient operation of the Department in a manner that isarbitrary and/or discriminatory. The assignments thatwill be covered by this Letter of Understanding are:

• installing or assisting in the installing, of newequipment (purchaseor leased) including low-ering, disassembly, reassembly.

• hoist checks when posted person is not atwork (including assisting with Rotesco, EMtesting).

• assignments in another department not requir-ing a posting.

When there is a special assignment in excess of one (1)week underground, the Underground MaintenanceLabourers will have preference by seniority for that spe-cial assignment. After such assignment is over, the Un-derground Maintenance Labourer will return to his/herregular duties, shift and rotation.

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LETTER OF UNDERSTANDING NO. 24UNDERGROUND SKILLED TRADESPERSONS USING SCALER-FORKLIFT

Underground Skilled Trades persons will not be allowedto operate the scaler-forklift for more than thirty (30)minutes per shift. This work will only be performed inthe shop.

Underground skilled trades persons will not performwash bay cleaning duties on equipment other than towash the specific area of the equipment being repaired.

LETTER OF UNDERSTANDING NO. 25RIGHT TO REFUSE

In the event the Ontario Occupational Health and SafetyAct and Regulations for Mines and Mining Plants datedJune 1994 is amended to delete Part V, (Right to Refuseor to Stop Work Where Health or Safety In Danger),Chapter 0.1, Section 43, in its entirety, the Company andthe Union agree that the Collective Agreement will beamended forthwith to provide all employees with theprotection of the rights of the June 1994 Ontario Occu-pational Health and Safety Act and Regulation for Minesand Mining Plants, Chapter 0.1, Part V, Section 43, in itsentirety.In addition to the above, in the event the Ontario Occu-pational Health and Safety Act and Regulations for

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Mines and Mining Plants, dated June 1994, is amendedto delete the use of Ministry Inspector (M.O.L.) in Chap-ter 0.1, Part V, Section 43, Subsection G through 12 in-clusive, then the Company and the Union will mutuallyagree to an acceptable dispute mechanism to be dis-cussed and acted upon at that time.

It is also agreed that Chapter 0.1, Part VI, Reprisals ByEmployer Prohibited, in its entirety is deleted from theOccupational Health and Safety Act and Regulations forMines and Mining Plants, that the Company will con-tinue to provide the equivalent protection to all employ-ees (Plant wide) as is stated and written in Chapter 0.1,Part VI, Reprisals By Employer Prohibited, Section 50,in its entirety.

Should any changes be made to the 1994 Ontario Occu-pational Health and Safety Act and Regulations forMines and Mining Plants they will be reviewed by theJoint Health and Safety Committee in order to assess theimpact on employee Health and Safety. One of thethings the Committee will consider is whether the 1994Act should continue to be considered a minimum stan-dard.

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LETTER OF UNDERSTANDING NO. 26MEDICAL REVIEW

The Company will provide the Union and the employeewith copies of all documentation forwarded to an em-ployee’s Physician regarding an employee who is to beexamined, prior to the examination. The Company willprovide the Union and the employee with copies of alldocumentation forwarded to a third party Physician re-garding an employee who is to be examined, at the sametime it is sent to the third party physician. In either case,the employee’s job description will be provided to theUnion prior to the examination.

LETTER OF UNDERSTANDING NO. 27JOB POSTINGS – MINE DEPARTMENT

The Company and Union agree that the following posi-tions will be posted to reflect the specialized nature ofsuch positions regarding duties and required shifts, asapplicable:

POWDERMAN/BLASTER/MISSED HOLEWASHER (Blaster)

GREASER/FUELER (Afternoon Shift)LHD AND OTHER DUTIES (5pm – 1am shift)

In agreeing to post in this manner, the Company retainstheir rights under Article 1.3.0 and may revise the hoursof work, job assignments or other aspects of the classi-

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fication as it deems necessary to effectively manage theirfacilities, subject to the terms of the Collective Agree-ment.

The Union agrees that even though such postings arevaried from those of the similar classifications listed inSchedule ‘A’, that such difference does not constitute anew classification and the normal duties of these classi-fications will be the responsibility of the successful ap-plicants. The hourly rates for the classifications listedin Schedule ‘A’ will apply.

Employees in the classifications listed above will be el-igible to post for temporary vacancies in their own clas-sification for the purpose of changing shift schedules.

The Company will allow the Permanent Powder-man/Blaster/Missed Hole Washer (Anfo Crew) to postfor temporary vacancies on Powderman/Blaster/MissedHole Washer (Blaster). The Company will allow the Per-manent Powderman/Blaster/Missed Hole Washer(Blaster) to post for temporary vacancies on Powder-man/Blaster/Missed Hole Washer (Anfo Crew).

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LETTER OF UNDERSTANDING NO. 28RE: Boat Loading

During the 1999 negotiations, the Company and theUnion discussed training employees who post to the MillDepartment. The Company will train new Mill Depart-ment employees on boatloading and barge loading dutiesas expediently as possible when vessels are being loaded.However, the Company will not be obligated to trainnew Mill Department employees exclusively on over-time pursuant to this letter of understanding.

LETTER OF UNDERSTANDING NO. 29Blood Clinic

Employees will be paid two (2) hours pay for an absenceto give blood. Employees will be eligible to give bloodpursuant to this letter of understanding once every 56days. The Company will not unreasonably deny an em-ployee the right to go to the Blood Clinic, but such ab-sences are still subject to the efficient operation of theworkplace.

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LETTER OF UNDERSTANDING NO. 30Electrical Work on Mobile Equipment

Underground Mechanics will replace and repair mobileelectrical equipment under 28 volts (DC).

Work on the inclinometers is electrician’s work. Further,electrical work on mobile equipment that is currently lo-cated at the Mine with a voltage originating solely froma fixed power source (ie. Supplied only by electricaltrailing cables) will be considered electrician’s work.(This does not apply to any replacement or new equip-ment that might come to the Mine following ratificationof the Collective Agreement. In the event replacementor new equipment arrives at the Mine, the Company willmeet with the Union (and National Skilled Trades Rep-resentative, if required by the Union) to discuss the al-location of electrical work on this equipment).

LETTER OF UNDERSTANDING NO. 31U/G Maintenance Labourer Review

During the 1999 collective bargaining, the parties dis-cussed continuing to use supplemental help in the Main-tenance Department. The parties agree to abide by theamended U/G Maintenance Labourer Review Policydated Feb. 16, 1999.

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LETTER OF UNDERSTANDING NO. 32Early Safe Return to Work

The Company and the Union value the goal of injuryprevention by maintaining a safe and healthy work en-vironment. The Company and the Union will endeavour,in a cooperative spirit, to jointly assist workers injuredat work in Early Safe Return to Work (ESRTW). AllESRTW activities will be consistent with the applicablelegislative requirements. The Company and employeeresponsibilities are defined in the applicable legislationincluding but not limited to reporting, cooperation andrehabilitation. This document will not limit the rightsand/or obligations of the Company, the Union or the em-ployee prescribed in the legislation. In order to accom-plish this goal in a joint manner, the following procedurewill apply:

When it becomes apparent to the employee that theyhave sustained a work related injury, the employee willnotify the Company as soon as practical in accordancewith the injury reporting procedures.

If medical intervention is required, the Company willprovide the employee with a Functional Abilities Form(FAF). The employee will provide the appropriate med-ical practitioner with the FAF. The employee will re-quest that the FAF be completed by the medicalpractitioner.

The Company, the Union and the employees will reviewthe completed FAF to assess whether the employee can

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perform the essential duties of their pre-injury occupa-tion, or, alternatively, potential suitable and availablework in which the employee can participate. The em-ployee will advise the Company if the injury will requireongoing offsite medical attention including the antici-pated schedule. In addition, the employee may be re-quired to attend for medical evaluation(s) by the medicalpractitioner to assess the recovery process. A definitiverecovery time line should be established during thisprocess.

When participating in an ESRTW program, the Com-pany, employee and the Union will complete the LightDuty Report stating the work assignments. The em-ployee and a Company representative will complete theDaily Activity Log Sheet formalizing tasks accom-plished on a daily basis, while participating in theESRTW program.

The employee will return to full unrestricted duties intheir pre-injury occupation after the employee has at-tained the medical practitioner’s approval, or by a releasefrom WSIB.

When necessary, the workplace parties may solicit theWSIB to facilitate the ESRTW program as prescribed bythe legislation. The Company and the Union acknowl-edge that the procedure may be modified as necessary toremain consistent with legislative changes.

An employee permanently displaced pursuant to thisLetter of Understanding will be considered as laid off

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and will have the right to displace employees in the de-partment subject to the wording of Article 9 of the col-lective agreement. In the event the employee is not ableto displace a junior employee in the department pursuantto Article 9 of the collective agreement, the employeewill have the right to displace an employee on a plantwide basis, subject to the wording of Article 9 of the col-lective agreement. The Company will be obligated toprovide training to the affected employee in the mine,mill or non-skilled departments only if the affected em-ployee cannot displace any other employee in the depart-ment or in the bargaining unit (and if the employee is notthe junior employee in the bargaining unit.) In this eventthe affected employee will be permitted to displace anyjunior employee in the Mine, Mill or Non-Skilled De-partments and be trained on that position. The employeedisplaced in this instance shall then have the right to ex-ercise his seniority pursuant to the provisions of Article9 of the collective agreement, but will have no right totraining unless he has to displace the junior person in thebargaining unit and requires training on this job.

The Company will provide copies of PDA’s. The Com-pany will permit a union representative to be presentwhen a Physical Demands Analysis is completed or re-viewed.

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LETTER OF UNDERSTANDING NO. 33HOURS OF WORK

During 1999 negotiations, the Company and the Uniondiscussed the maximum hours of work provisions pre-scribed by the Employment Standards Act. The partiesagree that in the event the Employment Standards Act isamended to increase the current maximum hours beyondthe current 8 per day, or 48 per week, such amendmentwill not be applicable to the Collective Agreement.

LETTER OF UNDERSTANDING NO. 34Christmas Non-Holiday Procedure

Effective in the year 2000, the Heritage Day holiday willbe permanently moved to the Christmas Holiday Season.In the event the Mine lays off employees for the one non-holiday day during the Christmas season, if there is a re-quirement to maintain essential services, employees willbe offered work in their respective departments as fol-lows:

a) by classification and seniority in the Millb) by seniority and qualifications in the Main-tenance Department.

All employees will be recalled to their regular positionsafter the one-day layoff notwithstanding any other pro-visions of the Collective Agreement. Employees will notsuffer any loss of service or seniority as a result of thislayoff.

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LETTER OF UNDERSTANDING NO. 35Coveralls /Rainsuits

The Company will provide (1) rain suit to employeesholding a permanent classification in the Mine or U/GMaintenance department during the term of the Collec-tive Agreement.

The Company will provide one (1) pair of insulated cov-eralls to all Mill employees once during the term of theCollective Agreement. This will be done within six (6)months of ratification.

The Company will provide regular coveralls for employ-ees holding a permanent classification in Utility Relief(U/G), Dispatcher (Mill), Labourer (Mill), Bin Tender(Mill).

The Company will provide Underground employeeswith one (1) winter coat per employee for the term of theCollective Agreement. This will be done within six (6)months of ratification.

The Company will provide coveralls to all employees ona nine (9) pair rotation unless they are entitled to agreater rotation schedule, where the greater rotationschedule will apply.

The Company will provide good quality coats.The Company will agree to provide Mill employees with

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one pair of winter boots once during the term of the col-lective agreement to a maximum value of $150.

The Company will Dry clean coveralls for employeesholding the Shaftperson, Shaftperson helper and ShaftMechanic position.

LETTER OF UNDERSTANDING NO. 36Local 1959 President/Plant Chairperson

During periods where the President of Local 1959 andthe Chairperson of the Ojibway bargaining unit are twodifferent persons, then the language of the collectiveagreement shall be modified as follows:

(i) Wherever the collective agreement reads“Local President/Chairperson,” it shallread “Plant Chairperson.”

(ii) The Plant Chairperson shall continue to beallowed forty (40) hours per week with payto attend to all duties associated with hisoffice, including twenty-four (24) hoursper week out of plant paid time as pre-scribed in Article 2.5.1 (a).

(iii) The President of Local 1959 will be per-mitted one (1) day per week for the pur-pose of attending to Local Union business.Such time off will be without pay. TheCompany will continue to pay the wages

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of the Local Union President and the LocalUnion will reimburse the Company in thisregard. This day may be spent at work, oroff site, at the discretion of the Local UnionPresident. Should the President requiremore than one (1) day per week, such dayscan be requested through the Manager ofHuman Resources.

(iv) The provisions of paragraph (iii) above areonly applicable to the actual President ofLocal 1959 and are not applicable to anyother official of the Local, even when thePresident is on leave, vacation, or other-wise absent.

(v) When the Local Union President is goingto be on Union business at any time, writ-ten notice will be given to the Manager ofHuman Resources. The written notice willbe provided at least 24 hours prior to thetime the leave is to commence, except incases of emergency.

LETTER OF UNDERSTANDING NO. 37WEEKLY SCHEDULING PROCEDURE

Job Posting:Follow the collective Agreement, Article 5.2.0 to 5.2.6Canvassing:

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– Canvassingwill be done by way of the CrewSchedule

– The Crew Schedule should have “Canvass-ing for 24 hours” on it to signify the time pe-riod.

– The employee(s) forced onto vacancies willbe highlighted

– The employee(s) forced on the schedule willbe allowed to displace into any classificationas long as there is qualified/junior em-ployee(s) who can fill the vacancies. MineDepartment Utility employees forced on theschedule will be permitted to exercise theirseniority within their classification, providedthis does not create a vacancy in a ScheduleA job. If there is more than one person in theclassification that the employee is attemptingto bump into, he will displace the junior per-son in the classification and follow his rota-tion.

– The employee will only be allowed to exer-cise his seniority if it does not affect a senioremployee

Time Limits:– If there is no movement on the first postingwithin the 24 hour period, it will become thefinal schedule for the week noted. The Sched-ule shall be posted no later than Monday at

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3:00 pm (or Tuesday at 3:00 pm if Monday isa Paid Holiday) to allow canvassing.

– If there is movement within the 24 hour pe-riod, another canvass will occur where onlythe employees displaced will be allowed tomove. This procedure will continue until a)there is no movement within the 24 hour pe-riod or b) Wednesday at 3:00 pm, whichevercomes first.

This procedure does not constrain the Com-pany from making modifications to theschedule after any of the above-mentionedperiods.

The Union will be provided with a copy of the WeeklySchedule when it is completed. It will be available out-side the General Foremen’s office in the Mine, Mill andMaintenance Departments.

Disability Wages/WSIB– For the employees returning off an extendedabsence who advise the Company after thecutoff date/time mentioned above will be al-lowed to post for a job effective the 2nd weekof his return.

– Prior to going to the job requested, the em-ployee will be allowed to exercise seniorityon a daily basis on the shift scheduled withoutaffecting a more senior person.

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LETTER OF UNDERSTANDING NO. 38

Skilled TradesWorking During the Annual Shutdown

The Company will offer Skilled Trades employees whoare not on vacation the opportunity to work 12 hours perday, for up to six (6) days per week, during the AnnualPlant Shutdown, subject to the following conditions:

The number of Skilled Trades employees permitted towork 12 hours on any given day will be at least equal tothe number of Outside Contractor employees performingSchedule “A” skilled trades duties working on 12 hourshifts on the same day in the same Maintenance Depart-ment and classification. (For example, if there are 10Outside Contractor employees working 12 hour shifts ona particular day performing Schedule “A” Skilled Tradesduties in a particular Maintenance Department and clas-sification, then at least 10 Skilled Trades employees willbe permitted to work 12 hours on that day in the sameMaintenance Department and in the same classification.If there are 15 Outside Contractor employees workingthe next day on 12 hour shifts performing Schedule “A”Skilled Trades duties in a Maintenance Department andclassification, then at least 15 Skilled Trades Employeeswill be permitted to work 12 hours on that day in thatsame Maintenance Department and in the same classifi-cation.)

190

LETTER OF UNDERSTANDING NO. 39TEMPORARY JOB SHUTDOWN

The Company and the Union agrees to clarify the lan-guage of Article 4.7.0 as follows:

1) In the event one (1) or more jobs are shut downfor a period in excess of one (1) week (as de-fined in Article 4.7.0(5)), the Company will ad-vise the Union of this fact and discuss with theUnion the reason for the shutdown extendingbeyond one (1) week and give consideration toreasonable alternatives that the Union mightsuggest. In the event the Union does not agree,it will be subject to the grievance procedure.

2) The Company may only utilize the job shutdown provisions of Article 4.7.0 in excess ofone (1) week in the event of bona fide equip-ment breakdown / repair / safety issues, or ashortage of qualified available employees towork the required jobs on regular time.

3) The Company and the Union agree to imple-ment the procedure outlined in paragraph 4, inthe event of a job shutdown extending beyondone (1) week for the reasons set out in para-graph (2) above.

191

4) The Company agrees to implement the follow-ing procedure with respect to a classification(s)not being filled (posted/canvassed) due to theavailability of manpower on a weekly basisfrom the schedule:

(a) The Company may elect to leave a classifi-cation vacant.

(b) In the event a classification is left vacantand the Company requires an employee toperform the duties of the classification forone (1) or more days during the regularwork week (including posted full produc-tion weekends) the Company will:

(i) First, offer the work to qualified de-partmental employees who have beenotherwise displaced under clause4.7.0. (1) or (3) or (5) ; or

(ii) If no one has been otherwise displacedunder clause 4.7.0 (1) or (3) or (5),offer the work departmentally as over-time pursuant to the provisions of Ar-ticle 7 of the collective agreement; or

(iii) If no qualified employee volunteers towork overtime pursuant to (ii) above,the Company can utilize the provisionsof Article 4.7.0 to assign a qualifiedemployee to perform the work.

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(c) If the Company elects to post the classifica-tion as a temporary vacancy and no quali-fied employee applies, the Company willassign the junior qualified employee to per-form the work pursuant to the collectiveagreement.

LETTER OF UNDERSTANDING NO. 40TEMPORARY JOB CANCELLATION

1) If an employee is the successful applicant for atemporary vacancy and that posting is not can-celled by the Company prior to the actual start-ing time of the commencement of thetemporary vacancy, the successful applicantwill be considered as still holding the tempo-rary vacancy (including if the employee is as-signed elsewhere as junior qualified employeepursuant to Article 5.2.2) and the temporary va-cancy will be considered “shut down” for thepurposes of Article 4.7.0.

2) In the event the Company cancels a temporaryposting prior to the commencement of the Tem-porary vacancy, the employee who had previ-ously been awarded the temporary vacancy willnot be considered as holding the temporary va-cancy and the position will not be considered“shut down” for the purposes of Article 4.7.0.

193

3) A temporary posting will only be consideredcancelled after it has been awarded to an em-ployee, in the event an employee becomes ab-sent, thereby requiring a change in theschedule.

4) In the event an employee becomes absent afterthe successful applicant has commenced thetemporary vacancy, the employee’s posting willnot be cancelled until the end of that week.Thereafter, the provisions of Paragraph 1 of thisdocument will apply.

LETTER OF UNDERSTANDING NO. 41WORKPLACE HARASSMENT

Both the Company and the Union recognize their respec-tive responsibilities under the Ontario Human RightsCode, the Occupational Health and Safety Act of Ontarioand any similar statutory requirement. This includes acommitment not to harass or discriminate in any mannerrelating to employment.

The Union and the Employer agree that no employeeshall be subject to sexual harassment and agree to takesuch actions as necessary to assure that this purpose isachieved. Accordingly, the Employer agrees to post astatement of this commitment to this principle at thework location.

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The Employer will not tolerate sexual harassment of em-ployees and will take action to provide remedies oncesuch harassment is discovered. Sexual harassment is asdefined by the Ontario Human Rights Code.

Employees with concerns regarding Domestic Violenceshould report them to their Supervisor, a Union repre-sentative or the Human Resources Manager immedi-ately.

The Employer and the Union agree to comply with Ac-cessibility for Ontarians with Disabilities Act includingreturn to work accommodations.

The Union and the Company recognize the issues relatedto sexual and racial harassment in the workplace and arecommitted to ending it. Harassment is not a joke. It iscruel and destructive behavior against others that canhave devastating effects.

It is an expression of perceived power and superiority bythe harasser(s) over another person, usually for reasonsover which the victim has little or no control: race, an-cestry, place of origin, colour, ethnic origin, citizenship,creed, sex, sexual orientation, age, record of offences,marital status, same-sex partnership status, family statusor disability.

Harassment on any of these grounds can be made thebasis of a complaint to most provincial and federalhuman rights commissions.

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Harassment can be defined as any unwelcome action byany person, whether verbal or physical, on a single or re-peated basis, which humiliates, insults or degrades.

“Unwelcome” or “unwanted” in this context means anyactions which the harasser knows or ought to know arenot desired by the victim of the harassment.

Sexual harassment is any unwanted attention of a sexualnature such as remarks about appearance or personal life,offensive written or visual actions like graffiti or degrad-ing pictures, physical contact of any kind, or sexual de-mands.

Racial harassment is any action, whether verbal or phys-ical that expresses or promotes racial hatred in the work-place such as racial slurs, written or visually offensiveactions, jokes or other unwanted comments or acts.

The experience of harassment can be overwhelming forthe victim. People often react with shock, humiliationand intense anger. Therefore, the victim of harassmentmay not always feel comfortable going through the nor-mal channels for resolving such a problem.Because of the sensitive personal natures of harassmentcomplaints, especially racial and sexual harassment, thevictims may prefer initially to seek other assistance. Thiscould be by any local Union elected person or official.This person could assist the harassment victim in bring-ing the incident(s) to the attention of the local Unionleadership.

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The local Union president and the unit chairperson mustcontact the Unifor national representative, and if neces-sary, they will meet with a senior Company representa-tive(s) to carry out an investigation. The issue must behandled with confidentiality, and is to be resolved expe-ditiously. The investigation will be conducted withUnion involvement in accordance with the Company’sRespect In The Workplace Policy.

Where an investigation determines that harassment hasoccurred, any resolution of such a harassment complaintmust reflect the serious nature of such acts and send aclear signal that they will not be tolerated.

LETTER OF UNDERSTANDING NO. 42OVERTIME DISPARITY

Within 60 days following ratification of the collectiveagreement, and at 90 day intervals thereafter as neces-sary, the Company and the Union will meet to discussthe issue of disparity in overtime hours among employ-ees within certain Skilled Trades classifications with theobjective of identifying the cause(s) of these issues andsolutions to same.

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LETTER OF UNDERSTANDING NO. 43SURFACE MAINTENANCE OUTSIDE

STACKER

Any work involving maintenance or repair of the Out-side Stacker will be performed by two (2) Surface Main-tenance Skilled Trades employees. In some instances aMaintenance Skilled Trades employee may be accom-panied by a supervisor or a non-skilled Maintenance De-partment employee.

LETTER OF UNDERSTANDING NO. 44PAY CONTINUANCE

The Company will pay the members of the Union for un-paid union business from work for business arising outof the collective agreement that is not covered elsewherein the agreement or for business related to duties associ-ated with the Executive of Local 1959. The Companywill then submit a bill to Local 1959 for timely reim-bursement of any monies paid as described herein.

LETTER OF UNDERSTANDING NO. 45CWB CERTIFICATION STUDY

During the 2017 negotiations the Company and theUnion discussed options to address the CWB certifica-tion of the site and CWB certification of K+S WindsorSalt Ltd. welders.

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The Company and the Union have agreed to have theUnifor Skilled Trades Director and a party chosen by theCompany to determine the true costs of obtaining andmaintain CWB certification. Their findings will be re-viewed by the General Manager and the Plant Chairper-son. Upon review of the information provided arecommendation will be made to the Morton Salt exec-utive group who will make the final determination. Thefinal determination will not be subject to the grievanceprocedure or arbitration.In addition to the above, the Company agrees during thelife of this agreement it will replace any surface mainte-nance welders that leave the Company. This letter of un-derstanding will expire on 15 February 2020.

LETTER OF UNDERSTANDING NO. 46RETIREE FUNCTION

For the term of this Collective Agreement the Companywill allow, subject to the efficient operation of the de-partment(s), up to two (2) bargaining unit members offsite for a maximum of eight (8) hours per person, to pre-pare for the retiree function.

The Union will notify the Company, at least thirty (30)calendar days prior, which employees this will apply toand the effective date.

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LETTER OF UNDERSTANDING NO. 47MINE DEPARTMENT PAY GRADES

For employees hired after 16 Feb 17 pay grades will beas follows;

Schedule A Classification rate – at least 11 qualificationslisted below or 6 years of service

Miner 3 – at least 8 qualifications listed below or 4 yearsof service – 90%

Miner 2 – at least 4 qualifications listed below or 2 yearsof service - 80%

Miner 1 – Not meeting Miner 2 qualification -75%

Miner Qualifications: Prep Crew, Undercutter, Jumbo,Powderman/Blaster/Mishole Washer, LHD, MechanicalScaler, Roof Bolter, Fueler/Greaser, Equipment Washer,Janitor, Grader/CageTender/SkipTender

Employees hired after 16 Feb 17 will be hired into aSchedule A classification and be paid at the appropriateMiner 1,2,3 pay grade, regardless of classification. An employee will not be in a Miner 1,2,3 pay grade forlonger than two (2) years per grade. Once the employeehas worked through to the completion of the Miner 3 re-quired qualifications (or time limit) the employee willbe placed in the classification held at time of completionat the appropriate Schedule A rate.

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LETTER OF UNDERSTANDING NO. 48MILL DEPARTMENT PAY GRADES

For employees hired after 16 Feb 17 pay grades will beas follows; Schedule A Classification rate – at least 6 qualificationslisted below or 6 years of service

Mill 3 – at least 5 qualifications listed below or 4 yearsof service – 90%Mill 2 – at least 3 qualifications listed below or 2 yearsof service – 80%Mill 1 – Not meeting Mill 2 qualification – 75%

Mill Qualifications: Bagger, Warehouse Tender, Dis-patcher, Bulk Loader, Fork Lift Operator, Labourer.

Employees hired after 16 Feb 17 will be hired into aSchedule A classification and be paid at the appropriateMill 1,2,3 pay grade, regardless of classification.

Hourly Rates will be based on a percentage of the payrate for the Utility classification as of 16 Feb 17. Afterthe progression is completed or upon attaining 6 yearsof seniority, the hourly rate will be the current rate of paythat is in effect at that time for the Schedule A classifi-cation that the employee holds.

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LETTER OF UNDERSTANDING NO. 49DEVELOPMENT MINER

Development miners will be assigned to the driving ofthe ramp from the existing mining level to the new min-ing level as outlined in Project Horizon. It is anticipatedthat approximately 15 to 20 additional employees willbe required to complete this project. The work will in-clude the mining of the ramp, advancing of ventilation,services and infrastructure, assisting skilled trades in themoving of conveyers, feeders and drives. Developmentminers will also establish the first two panels of the newproduction level.

The Company will establish the classification of Devel-opment Miner who may be required to operate the fol-lowing equipment:

Jumbo, Auger, LHD, Jarco, Mechanical Bolter, ScissorLift, Anfo Loader, Mechanical Scaler, Forklift

Development miners may also be required to carry outthe following:Hand Scale, Mark up Face, Prep Face, Plug in Equip-ment, Hook up Air & Water, Drill, Move Powder, Loadand blast Face, Turn fixed equipment on & off, muck,wash down headings, mechanically scale, install bolts &screen, hand shovel / clean up muck, operate utilityequipment, move supplies with equipment & by hand,level/clean/grade the roadway surface, fuel/lubricate &grease equipment, install / connect pumps, fill up water

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& air tanks, hang & repair air & water pipe/hoses, hang& repair ventilation duct & fans, build bulkheads, installmessenger cables, install communication cables, hangun-energized power cables as well as use mobile equip-ment and hand tools as required to carry out the afore-mentioned tasks to develop the down ramp.

Development miner may be trained to perform jackleg,stoper and shotcreting duties. Lack of aptitude or will-ingness to perform these tasks shall not disqualify theworker from the classification.

Aside from Development miner skills listed above,skilled trades language will apply to the ramp develop-ment project.

The development of the ramp will be led by the OjibwayMine Engineering department. Development miners onoff shifts and weekends will be supervised by the MineDepartment. Development Miners will report to theMine Department.

Mine department production employees on their sched-uled shift may be assigned to the ramp to perform tasksfor which they are qualified and be paid the Develop-ment miner rate.

Posting processThe initial posting will be plant wide and posted no laterthan 1 May 2017. If required, a second plant wide post-ing will be posted no later than 1 July 2017. The suc-cessful applicants of the Development Miner posting

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will be phased in and all successful applicants will as-sume the classification no later than October 31, 2017.

Subsequent postings will be posted and filled in the fol-lowing order Mine department, plant wide, and the finalvacancies will be filled by a new hire.

Development miners may apply to permanent posted po-sitions but not temporary postings and will not be forcedoutside the position as a junior qualified employee. TheCompany reserves the right not to post temporary vacan-cies for the Development miner position.

TrainingTraining opportunities will be offered on an as-neededbasis to the Development Miners with the aim of pro-viding as many of the job-specific skills as possible.

Development Miners who fail to meet the ongoing train-ing requirements of the position will be automaticallytransferred to the Department & job from which theycame or bump within the department per existing lan-guageDevelopment miner training will not be used to meet therequirements of LOU #3 (4)Successful applicants will be able to return to their priorpositions during the first two weeks of being active onthe Development miner positions, afterwards they willnot be able to resign their position.

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Annual Plant ShutdownDevelopmental Miners may be required to work duringthe annual plant shutdown.Development Miner - Ramp CompletionThe Development miner position will cease once two (2)production panels are available on the new level. Uponthe cessation of development activities, all assigned De-velopment miners will be transferred to the Utility clas-sification.

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K + S WINDSOR SALT LTD.OJIBWAY MINE

MIKE SOAVEGeneral Manager

VINCENZO CALANDRAHuman Resources Manager

Unifor LOCAL 1959

THERESA FARAONational Representative

WILLIAM WARKPlant Chairperson

KEVEN McDONALDMill Department Committeeperson

RICK KITUnderground Maintenance Committeeperson

ROBERT PARKERMine Department Committeeperson

RICK FOALESurface Maintenance Committeeperson

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207

K+S W

indsor Salt Ltd.

SCHEDULE “A” –WAGE RATES EXCLUDING COST OF LIVING ALLOWANCE

Skilled Trades:

Old

Rate Effective

Rate Effective

Rate Effective

Maintenance Dept.

Rate**

16 Feb. 17 16 Feb. 18 16 Feb. 19

Carpenter

$38.52

$39.02

$39.42

$39.87

Electrician

$38.52

$39.02

$39.42

$39.87

Machine R

epairperson

$38.52

$39.02

$39.42

$39.87

Painter

$38.52

$39.02

$39.42

$39.87

Welder

$38.52

$39.02

$39.42

$39.87

Non-Skilled:

Maintenance Dept:

Supplem

ental Employee

$34.92

$35.22

$35.52

$35.87

Stockkeeper

$34.59

$34.94

$35.24

$35.59

Assistant Stockkeeper

$34.39

$34.74

$35.04

$35.39

U/G Maintenance Labourer

$34.36

$34.66

$34.96

$35.31

Truck D

river

$34.21

$34.51

$34.81

$35.16

Labourer

$34.14

$34.44

$34.74

$35.09

Mine Dept.

Shaftperson

$38.52

$39.02

$39.42

$39.87

Hoistperson

$38.52

$39.02

$39.42

$39.87

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SCHEDULE “A” .

. . co

nt’d

Old

Rate Effective

Rate Effective

Rate Effective

Mine Dept. (cont’d) Rate** 16 Feb. 17 16 Feb. 18

16 Feb. 19

Development Miner

N/A

$39.02

$39.42

$39.87

Shaftperson H

elper

$35.03

$35.33

$35.73

$36.18

Utility

$34.67

$34.97

$35.27

$35.62

Jumbo O

perator

$34.51

$34.81

$35.11

$35.46

LHD Operator

$34.51

$34.81

$35.11

$35.46

LHD Operator (Relief)

$34.51

$34.81

$35.11

$35.46

Mechanical Scaler Operator

$34.51

$34.81

$35.11

$35.46

Undercutter Operator

$34.51

$34.81

$35.11

$35.46

Powderm

an/Blaster/Missed Hole

$34.51

$34.81

$35.11

$35.46

Roof Bolter

$34.51

$34.81

$35.11

$35.46

Prep Crew

$34.45

$34.80

$35.10

$35.45

Fueler/Greaser

$34.40

$34.70

$35.00

$35.35

Jackleg O

perator

$34.38

$34.68

$34.98

$35.33

Clean-U

p Operator

$34.38

$34.68

$34.98

$35.33

Equipment Washer

$34.33

$34.63

$34.93

$35.28

Skip Tender

$34.25

$34.55

$34.85

$35.20

Grader/Cagetender/Skip Tender relief

$34.25

$34.55

$34.85

$35.20

Clean U

p Work

$34.23

$34.53

$34.83

$35.18

Janitor

$34.14

$34.49

$34.79

$35.14

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SCHEDULE “A” .

. . co

nt’d

Old

Rate Effective

Rate Effective

Rate Effective

Rate** 16 Feb. 17 16 Feb. 18 16 Feb. 19

Pay Grades M

iner 1 / 2 / 3

Miner 3 Up to 6 years

N/A

$31.47

$31.74

$32.06

Miner 2 Up to 4 years

N/A

$27.98

$28.22

$28.50

Miner 1 Up to 2 years

N/A

$26.23

$26.45

$26.72

Mill Dept.:

Dispatcher Leader

$34.64

$34.94

$35.24

$35.59

Dispatcher

$34.51

$34.81

$35.11

$35.46

Bag W

arehouse Leader

$34.50

$34.80

$35.10

$35.45

Utility

$34.45

$34.75

$35.05

$35.40

Analyst

$34.44

$34.74

$35.04

$35.39

Fork Lift Operator

$34.40

$34.70

$35.00

$35.35

Heavy E

quiment Operator

$34.28

$34.58

$34.88

$35.23

Labourer

$34.21

$34.51

$34.81

$35.16

10 kg. Bagger

$34.21

$34.51

$34.81

$35.16

Warehouse G

eneral

$34.21

$34.51

$34.81

$35.16

Greaser

$34.21

$34.51

$34.81

$35.16

Bulk Loader

$34.13

$34.48

$34.78

$35.13

Warehouse Tender

$34.13

$34.48

$34.78

$35.13

210

SCHEDULE “A” .

. . co

nt’d

Old

Rate Effective

Rate Effective

Rate Effective

Rate** 16 Feb. 17 16 Feb. 18 16 Feb. 19

Mill Dept. (cont’d)

Trackmobile Operator

$34.16

$34.46

$34.76

$35.11

Janitor

$34.09

$34.44

$34.74

$35.09

Bin Tender

$34.13

$34.43

$34.73

$35.08

Bagger

$34.13

$34.43

$34.73

$35.08

Pay Grades M

ill 1 / 2 / 3

Mill 3 U

p to 6 years

N/A

$31.28

$31.55

$31.86

Mill 2 U

p to 4 years

N/A

$27.80

$28.04

$28.32

Mill 1 U

p to 2 years

N/A

$26.06

$26.29

$26.55

** Includes $0.90 C

OLA Fold-In

K+S Windsor Salt Ltd.SCHEDULE ‘B’OJIBWAY MINE

MASTER SENIORITY LIST70808 J. Carr 8-NOV 7170841 P. Stone 23-AUG 7670838 M. Doforno 12-AUG 7770757 J. Dietich 8-AUG 7970805 R. Nixon - H 6-SEP 7970843 D. Derochie 5-NOV 7970682 T. Mayrand 19-NOV 8170712 M. Healey - MR 24-Sep-8470680 J. Clarke 2-Oct-8470775 J. VanDenDriessche 2-Oct-8470761 J. Cousineau 26-Nov-8470837 D. Stewart 25-Feb-8570758 L. Oliverio 15-Jul-8570762 K. McDonald 7-Nov-8570770 D. Lauzon 7-Nov-8570764 T. Ryan 24-Nov-8670691 R. Kit – E 4-Jan-8870715 R. Klein - MR 4-Jan-8870740 K. Dean - W 1-Mar-8870793 D. Lucier 13-Apr-8869104 W. Carr 15-Aug-8870674 P. MacDonald 15-Aug-8870777 D. Hallock 2-Sep-8870815 S. Bouchard 2-Sep-8870706 R. Delisle – MR 12-Sep-88

211

212

70812 R. Brush 16-Sep-8870760 D. Beaudoin 16-Sep-8870817 B. Chownyk 19-Sep-8870804 J. Gorgerat 19-Sep-8870733 A. Delisle 7-Oct-8870667 R. McConnell 7-Oct-8870683 C. Baillargeon - E 28-Aug-8970821 K. Laramie 24-Oct-8870816 G. Bump 10-Oct-8970825 D. Affleck 10-Oct-8970734 P. Gyori 19-Oct-8970736 D. Maure 19-Oct-8970668 A. Conte 19-Oct-8970735 V. Kogut 30-Oct-8970755 D. Moore 30-Oct-8970799 K. Hilton 30-Oct-8970714 K. Ingram – MR 24-Sep-9070741 N. Gemus – W 22-Oct-9070797 J. Concannon 6-Nov-9070833 R. Parker 6-Nov-9070828 M. D'Angela 6-Nov-9070827 G. Bryan 8-Nov-9070750 D. DeRose 8-Nov-9070803 C. Drouillard 8-Nov-9070743 W. Holden Jr. - W 7-Jan-9170708 R. Foale – MR 13-May-9170739 B. Cecile - W 2-Jul-9170719 R. Lee - MR 29-Jul-9170754 S Blais 30-Sep-9170820 R. Guertin 30-Sep-91

213

70835 D. Valliere 30-Sep-9170806 D. Whitson 25-Oct-9170673 D. Crow 25-Oct-9170704 P. Ausman - MR 28-Oct-9170722 M. Meloche – MR 12-May-92 70788 R. McLaughlin 25-Nov-9170742 F. Greco - W 5-Aug-9270791 D. Stringer 5-Nov-9270675 G. Mercer 9-Nov-9270737 P. Meloche 17-Nov-9270730 D. J. White – MR 12-Aug-9370800 R. Lewis 13-Sep-9370811 B. Beneteau 13-Sep-9370831 P. Dumeah 2-Nov-9370778 R. Heroux 8-Nov-9370729 W. Wark – MR 22-Jun-9570703 D. Allchurch - MR 4-Jul-9570798 B. Franciskovic 11-Oct-9570832 A. Gernon 16-Oct-9570790 L. St. Gelais 23-Oct-9570746 R. Parete – W 23-Oct-9570784 R. Breault 6-Oct-9770786 B. Hoeger 6-Oct-9770792 R. Tull 6-Oct-9770710 K. Grass - MR 2-Nov-9870829 J. Delicata 1-Mar-9970705 T. Bilous – MR 17-May-9970671 T. Chevalier – C 9-Aug-9970728 B. Toback - MR 7-Sep-9970830 D. Desjardins 22-Nov-99

SCHEDULE CK + S Windsor Salt Ltd.

COLA Chart - Unifor Local 1959Ojibway Mine

INDEX: 0.0615BASE: 123

C.P.I. C.P.I. C.P.I. COLA C.P.I. COLA C.P.I. COLA

123.0123.1123.2123.3123.4123.5123.6123.7123.8123.9124.0124.1124.2124.3124.4124.5124.6124.7124.8124.9125.0125.1125.2125.3125.4125.5125.6125.7

125.8125.9126.0126.1126.2126.3126.4126.5126.6126.7126.8126.9127.0127.1127.2127.3127.4127.5127.6127.7127.8127.9128.0128.1128.2128.3128.4128.5

128.6128.7128.8128.9129.0129.1129.2129.3129.4129.5129.6129.7129.8129.9130.0130.1130.2130.3130.4130.5130.6130.7130.8130.9131.0131.1131.2131.3

0.150.170.180.200.220.230.250.270.280.300.310.330.350.360.380.400.410.430.44

131.4131.5131.6131.7131.8131.9132.0132.1132.2132.3132.4132.5132.6132.7132.8132.9133.0133.1133.2133.3133.4133.5133.6133.7133.8133.9134.0134.1

0.460.480.490.510.530.540.560.570.590.610.620.640.660.670.690.700.720.740.750.770.790.800.820.830.850.870.880.90

134.2134.3134.4134.5134.6134.7134.8134.9135.0135.1135.2135.3135.4135.5135.6135.7135.8135.9136.0136.1136.2136.3136.4136.5136.6136.7136.8136.9

0.920.930.950.960.981.001.011.031.051.061.081.091.111.131.141.161.181.191.211.231.241.261.271.291.311.321.341.36

214

215

K+S Windsor Salt Ltd.SCHEDULE ‘D’OJIBWAY MINE

SKILLED TRADES SENIORITY LIST

70712 M. HEALEY – MR 24 SEP 8470691 R. KIT – E 4 JAN 8870715 R. KLEIN – MR 4 JAN 8870740 K. DEAN – W 1 MAR 8870706 R. DELISLE – MR 12 SEP 8870683 C. BAILLARGEON – E 28 AUG 8970714 K. INGRAM – MR 24 SEP 9070741 N. GEMUS – W 22 OCT 9070743 W. HOLDEN, JR. – W 7 JAN 9170708 R. FOALE – MR 13 MAY 9170739 B. CECILE – W 2 JUL 9170719 R. LEE – MR 29 JUL 9170704 P. AUSMAN – MR 28 OCT 9170722 M. MELOCHE – MR 12 MAY 92 70742 F. GRECO – W 5 AUG 9270730 D. J. WHITE – MR 12 AUG 9370729 W. WARK – MR 22 JUN 9570703 D. ALLCHURCH – MR 4 JUL 9570746 R. PARETE – W 23 OCT 9570710 K. GRASS – MR 15 JUN 9870705 T. BILOUS – MR 17 MAY 9970671 T. CHEVALIER – C 09 AUG 970728 B. TOBACK – MR 07 SEP 9970695 C. WARD – E 21 AUG 0070725 E. OLIVIER- MR 08 JUL 03

216

70686 P. COTTRELL – E 22 SEP 0370716 J. KNAPP – MR 17 NOV 0370692 C. MALOTT – E 03 AUG 0470684 R. BEATON – E 25 OCT 0473745 D. RENAUD – MR 10 JUL 0673743 M. MARONTATE – MR 10 JUL 0673744 I. PRICOP – E 28 AUG 0670747 R. PILLON – W 11 JUN 0773747 M. SEGUIN –W 09 JUL 0770685 D. COOK – E 16 JUL 0770689 F. GELISSEN – E 07 JAN 08 70721 B. MAINI – MR 28 JUL 0870709 E. GLASSMAN – MR 30 NOV 0970726 R. ROCHELEAU – MR 31 MAY 1073569 R. COOTE – MR 08 NOV 1073574 R. DROUILLARD – MR 09 MAY 1173575 A. DURHAM – MR 09 MAY 1173576 J. GATTO – W 05 JUL 1175525 J. HAMELIN – MR 29 OCT 1275527 D. D’ALESSANDRO – MR 29 OCT 1275556 T. COLENUTT – E 12 NOV 1276877 R. GREENHAM – MR 09 SEP 1376928 L. D’AMBROSIO – MR 24 SEP 1378154 E. BROWN – MR 23 JUN 1478153 F. DISTEFANO - MR 23 JUN 1480950 S. NOLAN - MR 16 NOV 1581049 A. MAEDEL - E 07 DEC 1582565 R. GRAHAM - E 03 OCT 16

217

EMPLOYEE’S

HANDBOOK

EMPLOYEE'S HANDBOOK

THIS HANDBOOK IS DESIGNED AS A REFER-ENCE GUIDE FOR EMPLOYEES. IT CON-TAINS A BRIEF DESCRIPTION OF THECOMPANY FACILITIES, BENEFIT PLANSAND ANSWERS TO THE MOST OFTENASKED QUESTIONS.

THE PROVISIONS OF THE RESPECTIVEUNION AGREEMENTS AND/OR THE ACTUALTEXT OF THE BENEFIT PLANS SHALL RULEWHERE QUESTIONS ARISE REGARDING IN-TERPRETATION.

218

PERSONAL PROTECTIVE EQUIPMENT

The personal safety equipment issued to you by theCompany such as safety glasses and safety hats shall beworn at all times except in those areas noted in the SafetyRules. In addition, you are required to wear protectivefoot gear. Safety shoes may be purchased at the plantfrom the safety shoe supplier or from a safety shoe sup-plier of your choice. You will receive an allowance asfollows:

LOCAL 1959 - OJIBWAY MINE

$205.00 maximum per year effective 16 February 2017 $210.00 maximum per year effective 16 February 2018$215.00 maximum per year effective 16 February 2019

In addition, persons classified as a skilled trade, perma-nent Prep Crew, Shaftsman, Shaftsman Helper, WashBay, Roof Bolters, Warehouse Tender, Surface Greaser,Powderman, Fueler Greaser, Labourer (Mill), Bagger,Bagger Leader and Lift Truck will receive a second pay-ment for protective foot gear as follows:

$205.00 1 September 2017$210.00 1 September 2018$215.00 1 September 2019

Employees who have completed a six (6) month tempo-rary posting as a Prep Crew will also be eligible for thesecond payment listed above.

219

If you are required to wear prescription glasses, theCompany will cover the cost of one pair of Company ap-proved safety glasses (prescription) every two years (in-cludes eye exam, if required). The Safety Departmentor Personnel Department will issue you an authorizationform to one of the approved suppliers.

Hearing protection and respiratory protective equipmentmust be worn in posted areas and/or assigned jobs. Avariety of hearing protection devices are available fromyour foreman and/or from the Safety Department.

LOCKERS

Your foreperson will assign you a locker(s) for your useduring your term of employment. The Company willprovide a lock if desired, but does not accept responsi-bility for your locker's contents during your employ-ment.

HEALTH CARE FACILITIESThe Company maintains throughout the plant First AidStations, staffed by Qualified First Aid Attendants fortreatment of on-the-job injuries. It also utilizes the serv-ices of a local Physician for pre-employment medicals,annual medicals and return-to-work medicals. In theevent you are injured or become ill at work, report toyour foreman.

All accidents or injuries, regardless of their severity must220

be reported. ANY EMPLOYEE SEEKING MEDICALATTENTION FOR A WORK RELATED INJURY ORILLNESS MUST REPORT IT TO THEIR FOREMANAND OBTAIN THE PROPER FORMS FROM THEGATEHOUSE PRIOR TO ATTENDING THE MED-ICAL FACILITY.

ONTARIO HOSPITALIZATIONINSURANCE PLAN (O.H.I.P.)

Ontario Health Insurance Coverage is available for allemployees through the local Ontario Health InsurancePlan Office. Contact your local office for more informa-tion.

GREEN SHIELD EXTENDED HEALTHSERVICESU-5 PLAN

(WITH OUT-OF-PROVINCE COVERAGE)Services shown below will be eligible if they are usual,reasonable and customary, and are medically necessaryfor the treatment of an illness or injury. Please contactyour benefit representative, broker/consultant, or theGreen Shield Customer Service Centre at 1-888-711-1119 to determine benefit eligibility and coverage de-tails.

DRUG• A co-payment of $1.00 applies to each pre-scription.

221

• The Ontario Drug Benefit co-pay/deductiblefor seniors is not a benefit.

• Generic equivalent drug substitution applies.

Benefits include legally prescribed drugs, needles, sy-ringes and a wide range of over-the-counter drugs.Serums and vitamins are ineligible unless injected. Newdrugs that are introduced into the Canadian marketplaceafter February 22, 1999 are subject to an evaluationprocess by Green Shield Canada Medical and PharmacyConsultants. New drugs are either added to the plan forall employees, not added to the plan, or approved on anindividual basis if specific criteria are met and SpecialAuthorization Forms are completed by the Physician.Those drugs that require specific criteria be met andcompleted Special Authorization Forms are called Con-ditional Benefits. You may contact Green Shield CanadaCustomer Service Centre at 1-888-711-1119 for infor-mation regarding whether or not any rejected drug is aConditional Benefit or non benefit. A Special Authori-zation Form can be obtained for any Conditional Benefitby calling the Customer Service Centre and the com-pleted forms should be sent to Green Shield Canada, At-tention: Special Authorizations, for review.

HEALTH SERVICES• Your co-insurance for Health Services is100%.

EMERGENCY TRANSPORTATION• Ambulance Transportation, for land or air

222

ambulance to the nearest hospital equipped toprovide the required treatment up to a maxi-mum of $100 per trip.

ACCIDENTAL DENTAL BENEFITS• Accidental Dental benefits for treatment by adentist. A dental accident report form must besubmitted immediately following the acci-dent.

ACCOMMODATION• Semi-Private Room in public generalhospital• Private room in public general hospital up toa lifetime maximum of $1,000

• Long Term Care (LTC) Facility. Prior ap-proval is necessary.(Please call Greenshield for up to date infor-mation on limits and maximums)

AUDIO

• Reimbursement will be made for standardhearing aids, repairs or replacement parts upto a lifetime maximum

• Batteries are not eligible(Please call Greenshield for up to date infor-mation on limits and maximums)

223

MEDICAL ITEMSProsthetic Appliances and Durable Medical Equipmentas well as replacements, repairs, fittings and adjustmentsof such devices. Contact the Customer Service Centreto verify eligibility of a particular benefit.

PARAMEDICAL SERVICES• Physiotherapist• Speech Therapist/Pathologist • Clinical Psychologist Benefits • Private Duty Nursing Benefits• PSA/CA 125 Test • Chiropractic / Registered Massage Therapist(medical referral required) $450/yr maximum(Please call Greenshield for up to date infor-mation on limits and maximums)

VISION• Your Vision Benefit carries a maximum of$325 every 24 months for prescription eyeglasses and/or contact lenses or $325 every 24months for medically necessary contact lensesprovided they are dispensed by an Op-tometrist, an Optician or an Ophthalmologist.Alternatively, employees may apply the valueof their vision benefits towards the cost oflaser eye surgery.Eye examinations are covered to a maximumof $95 every 12 months.

224

DENTAL• Your lifetime maximum for Orthodontic Ben-efits is $1,950 effective.• Your co-insurance is 100% for Basic Services,100% for Comprehensive Basic Services,50% for Major Restorative Services and 50%for Orthodontic Services• Basic Services cover: recalls once every 9months, other exams and full mouth x-raysevery 3 years. • Comprehensive Basic cover denture relinesand rebasing once every 3 years; denturecleaning once every 9 months• Major Restorative Services cover denturesonce every 5 years• Applicable lab, drug and other expenses areeligible to a maximum of 40% of the profes-sional fee• Your eligible claims are reimbursed at thelevel stated above and in accordance with theCurrent Ontario Dental Association Fee Guidefor General Practitioners

BASIC SERVICES• Recalls include exams, bitewing X-rays,cleanings and fluoride treatments.•Complete, general or comprehensive oralexams, full mouth x-rays and panoramic x-rays.• Basic restorations including fillings and in-lays.

225

• Extractions and surgical services includinggeneral anesthetics and intravenous sedation.• Mouth guard appliance limited to 1 per year

COMPREHENSIVE BASIC SERVICES• Endodontic treatment including root canaltherapy.• Periodontal treatment including scaling and/orroot planing.• Standard denture services including reliningand rebasing of dentures.

MAJOR RESTORATIVE SERVICES• Dentures, complete, immediate and partialplus denture adjustments after 3 months frominstallation.

ORTHODONTIC SERVICES• Orthodontic services require a treatment planto be submitted by your Dentist/Orthodontistfor prior approval of coverage eligibility.

TRAVEL BENEFITS• You must receive pre-authorization from yourprovincial government health plan and GreenShield prior to the commencement of any re-ferral treatment. Your provincial governmenthealth plan may cover this referral benefit en-tirely. You must provide Green Shield with a

226

letter from your attending physician statingthe reason for the referral, and a letter fromyour provincial government health plan out-lining their liability. Failure to comply in ob-taining pre-authorization may result innon-payment. • Hospital and medical services are eligibleonly if your provincial government healthplan provides payment toward the cost ofservices received.

Green Shield must be contacted by phone within 48hours of commencement of treatment. Green Shield,through consultation with the Assistance Medical Team,reserves the right to repatriate the patient for treatmentupon medical verification of the tolerance for travel.Carry your Green Shield identification card with youwhen traveling.

• Hospital services and accommodation up to astandard ward rate in a public general hospi-tal.• Medical/surgical services• Emergency Air ambulance to your provinceof residence (including a medical attendantwhen necessary)

GREEN SHIELD CANADA TRAVELASSISTANCE SERVICEAvailable 24 hours per day, 7 days per week throughGreen Shield international medical service organization.Some services include:

227

• Verification of insurance coverage for entryand admissions into hospitals and other med-ical care providers.• Arrangement of emergency medical trans-portation and evacuation• Knowledge legal referral assistance• Assistance in replacing lost or stolen traveldocuments• Emergency and payment assistance for majorhealth expenses over $200.00 Canadian

HOW GREEN SHIELD CANADA’STRAVEL ASSISTANCE SERVICE WORKSAs soon as you have a medical emergency:

The patient must contact Green Shield within48 hours of commencement of treatment by di-aling 1-800-936-6226 within Canada or USAor call collect 0 519-742-3556. Failure to callwithin 48 hours or refusal to be repatriated mayresult in benefits not being covered beyond 48hours. Quote your group number and patient number,found on your Green Shield IdentificationCard, and explain your medical emergency.You must also be able to provide your Provin-cial Health Insurance Plan Number. Our physicians will follow your progress to en-sure that you are receiving the best availablemedical treatment. These physicians also keepin constant communication with your family

228

physician and your family, depending on theseverity of your condition.

Please Note:• As we are not able to guarantee assistanceservices in areas of political or civil unrest,please contact Green Shield for pre-travel orclaims inquiries. • Referral services are only eligible if the re-quired medical treatment is not readily avail-able in your province of residence.

Travel benefits do not include:Treatment or service required for ongoing care,rest cures, health spas, elective surgery, check-ups or travel for health purposes, even if the tripin on the recommendation of a physician.

GENERAL INFORMATIONLIMITED BENEFIT CLAUSEGreen Shield will determine the amount of benefitspayable, giving consideration to limited procedures,services, or courses of treatment that may be performedto accomplish the desired result. The attending physi-cian/dentist and the patient have the option of which pro-cedure to use, although payment for the procedure maybe based on the “limited treatment” principle. The lim-ited Benefit Clause is a financial limitation and not in-tended as a comment regarding any treatmentrecommended or performed by a physician/dentist.

229

PREDETERMINATIONIf the cost of any proposed treatment is expected to ex-ceed $300.00, submit to Green Shield a detailed treat-ment plan from your provider before your treatmentbegins. If a description of the procedures to be per-formed and an estimate of the charges are not submittedin advance, Green Shield reserves the right to make a de-termination of benefits payable, taking into account al-ternate procedures, services or course of treatment, basedon accepted standards of medical/dental practice.

GENERAL OVERALL EXCLUSIONSEligible Services do not include and reimbursement willnot be made when we are aware of or have been apprisedof: 1. Services or supplies received as a result of dis-

ease, illness or injury due to any of:• intentionally self-inflicted injury while saneor insane• an act of war, declared or undeclared• participation in a riot or civil commotion• committing a criminal offence

2. Failure to keep a schedule appointment with alicensed medical/dental practitioner.

3. Services or supplies which are cosmetic in na-ture.

4. The completion of any claim forms and/or in-surance reports.

230

5. Services or supplies which do not meet ac-cepted standards of medical/dental/ophthalmicpractice, including charges for services or sup-plies which are experimental in nature.

6. Services or supplies normally paid through anyprovincial government health plan, WSIB, theAssistive Devices Program or any other Gov-ernment Agency, or which would have beenpayable under such a plan had proper applica-tion for coverage been made, or had proper andtimely claims submission been made.

7. Services or supplies from any governmentalagency which are obtained without cost bycompliance with laws or regulations enacted bya federal, provincial, municipal or other gov-ernment body.

8. Services or supplies which are not recom-mended or approved by the attending physi-cian/dentist.

9. Services or supplies that you are not obligatedto pay for or for which no charge would bemade in the absence of benefit coverage.

10. Services or supplies which are legally prohib-ited by the government from coverage.

11. The replacement of lost, missing or stolenitems, or items which are damaged due to neg-ligence.

231

12. Any eligible service that relates to treatment ofinjuries arising out of a motor vehicle accident.

CO-ORDINATION OF BENEFITS (COB)Where you or your dependents have coverage with morethan one carrier, claims shall be coordinated so that re-imbursement from all coverage’s shall not exceed 100%of the actual claim. Ask for our COB brochure for in-formation on how your family can receive this service.

SUBROGATIONGreen Shield retains the right to subrogation if benefitshave or should have been paid or provided by a thirdparty. In cases of third party liability, you must adviseyour lawyer of these rights.

GROUP CONVERSION PACKAGEAny employee who will be terminating employmentwhere there is an active Green Shield group benefits pro-gram in force and who will lose their group benefits mayenroll in the Green Shield Group Conversion Program. Dependent children who are no longer eligible for ben-efits under their parents Green Shield group benefits pro-gram may also enroll in the Green Shield GroupConversion Program. Call (416) 601-0429 in the Toronto area or toll-free at 1800 667-0429 for an information package. You mustapply within 60 days of termination of your benefitsfrom Green Shield group program.

232

HEALTH CARE IDENTIFICATION CARDSIf you lose your identification cards for any of the abovehealth care plans, please contact the Human ResourcesDepartment.The Company does not accept responsibility for the lackof coverage under the Health Plans when the employeehas failed to notify the Human Resources Department ofany change in marital status, change of address, addi-tions or deletions in the number of eligible dependentsto be covered under your health plans.

DISABILITY WAGE PLAN(For Local 1959-- Ojibway Employees)

1. PurposeThe purpose of this Plan is to protect eligiblepayroll employees against total loss of earningsduring periods of disability due to sickness ora non-occupational accident by the payment ofwages to the extent hereinafter specified.

2. EligibilityAny payroll employee, whether paid by thehour, day, week or month, who has completedthree months of service in accordance with theCompany's Service Rules shall be eligible to re-ceive payments outlined in Item 3 below.

3. Wages During Disability(a) For employees who have completed three

233

months of service but less than one year ofservice, 66 2/3% of regular wages for amaximum period of 20 weeks.

(b) For employees who have completed one ormore years of service, payment shall be asfollows:

In respect of non-occupational disability, a min-imum of $260.00 per week or 80% of regularwages, whichever is greater, for a maximumperiod of 26 weeks and 50% of regular wagesfor a further maximum period of 26 weeks.

4. Waiting PeriodThe waiting period before payments begin shallconsist of seven (7) consecutive days in eachseparate and distinct case of disability, with theexception that, if a new disability occurs beforepayment in respect of another disability hasceased, the requirement of a waiting period inrespect of the new disability shall be waived.

If an employee is hospitalized for a continuousperiod of twenty-four (24). Hours, when a per-son undergoes conscious sedation or when asurgical procedure requires a general anes-thetic, (except for dental surgery) the remainderof the waiting period will be waived.

The day on which an employee becomes unableto work shall be counted as the first day of the

234

waiting period if, at the time of his/her ceasingwork on account of the disability not more thanhalf of his/her working day or shift has elapsed;otherwise, the waiting period shall commenceon the following day. If the first day of disabil-ity is a non-working day, the waiting periodshall commence on that day.

5. Relapsed, Recurrent and Recovered Disabil-ities

“Successive periods of disability” (ie. when anemployee is receiving S & A Benefits, recoversand then becomes disabled again) are not bro-ken by a return to active employment and areconsidered one period of disability, exceptwhen:• They are separated by at least 60 days ofactive employment without restriction, or;

• The later period of disability is entirely un-related to the earlier period of disabilityand the periods are separated by activeemployment.

For “Successive periods of disability” not bro-ken by a return to active employment, the sec-ond absence shall be treated as a continuationof the first, and, provided the maximum amountof disability wages has not been paid during thefirst absence, payment shall recommence as ofthe first day of the second absence.

235

For the purpose of the Disability Wage Plan, theCompany Health Professional shall determinewhether an employee's illness is a recurrence.

6. Calculation of Regular WagesFor the purpose of this Plan, the regular wagesof an employee paid by the hour shall be his/herhourly rate as established for Industrial Rela-tions Plan purposes multiplied by the standardwork hours that have elapsed during the periodfor which payment is being made; if he/she ispaid by the day, week or month, his/her regulardaily, weekly or monthly rate, respectively,shall be used.An employee receiving disability wages shallreceive any increase or decrease in wages re-sulting from adjustments in the Company'srates of pay or the standard work hours thathe/she would have received had he/she beenworking.

7. Evidence of DisabilityIn the case of absence on account of sicknessor a non-occupational accident, the employeeshall furnish satisfactory medical evidence ofhis/her inability to work, and he/she shall be re-sponsible for securing the prescribed form andreturning it to the Company, at no cost to theemployee.The Company reserves the right in every case

236

to require such medical forms as it may con-sider necessary, and to have the employee sub-mit to a medical examination by any doctor itmay name.

Employees are expected to cooperate whole-heartedly in following such directions as theCompany may prescribe under the terms of thisPlan.

8. General Regulations

(a) No wages shall be paid during periods ofdisability resulting from:

(i) Pregnancy or childbirth(ii) llness or injury intentionally self-in-

flicted(iii) The improper use of drugs or intoxi-

cants unless the employee is enrolled inor becomes enrolled in a prescribed re-habilitation program, approved by theCompany

(iv)Willful acts contrary to law and order.(v) Employment by, or for, a third party.

(b) An employee who becomes disabled whileon a leave of absence that has been grantedfor personal reasons shall become eligiblefor disability wages on the date when he/shewould normally have returned to work, sub-ject to the completion of the prescribed

237

waiting period which shall commence onthat date.

(c) If an employee who has been given noticeof layoff on account of lack of work incursa disability prior to the effective date of thelayoff, he/she shall be paid disability wagesfor any period of disability extending up tobut not beyond the effective date of the lay-off, subject to the completion of the pre-scribed waiting period.

(d) An employee who becomes disabled whileon vacation under the Vacation Plan shall beeligible for disability wages at the expira-tion of his/her vacation period, subject tothe completion of the prescribed waiting pe-riod which shall commence on the day fol-lowing the end of his/her vacation.

(e) If a new disability occurs before payment inrespect of another disability has ceased, thetwo or more disabilities involved shall betreated for the purpose of this Plan as onecombined disability, and payments in re-spect thereof shall not exceed the provisionsoutlined in Item 3.

(f) Upon the payment of disability wages underthis Plan to an employee in respect of injuryor disability caused or contributed to by thefault or neglect of any person, the Company

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is subrogated to the right of recovery of theemployee against any person in respect ofdisability wages paid and other benefits pro-vided in accordance with the proceduresoutlined in the Memorandum issued by K+SWindsor Salt Ltd. on February 10th, 1965,regulating the Company's right to recoveryfrom third parties of disability wages paidand other benefits provided by the Companyto employees.Disability wages shall be subject to any au-thorized deductions that would be madefrom earned wages. They shall also be sub-ject to the same extent as earned wages, togarnishment or other legal process, and willbe reported by the Company, where re-quired, to the proper taxation authorities.The payment of disability wages shall ceaseimmediately when an employee is retired onpension or death of an employee.

LONG TERM DISABILITY PLAN1. The plan will be effective for those seniority

employees who commence their sick claims atleast one (1) month from the date of ratification(August 11/90).

2. An employee will qualify for L.T.D. benefitsafter one (1) year of illness and expiration of S.and A. benefits.

239

3. An employee will receive L.T.D. benefits forup to 24 months provided he/she continues tobe unable to perform his/her own job duringthis period.

4. An employee will continue to receive L.T.D.benefits beyond two (2) years provided he/sheis unable to perform any occupation (includingoccupations outside of the Corporation) forwhich he/she is reasonably qualified.

5. Benefit level - $2700 per month as per the Col-lective Agreement

6. Benefits cease at age 65, or retirement, or death,whichever occurs first.

7. There is no carve out of L.T.D.

8. Seniority and service will continue while anemployee receives L.T.D.

LIFE INSURANCE COVERAGE

Participation in the Company Insurance Plan is a condi-tion of employment and starts after six (6) months ofservice.Maritime Life will issue to you a Certificate of Insuranceshowing your insured benefits and effective date.If you are not actively at work or full time on the effec-

240

tive date (due to layoff, illness, etc.) your coverage is de-layed until the day you are actively at work full time.

If' while insured, you die, Maritime Life will pay theamount of your life insurance to the last legally nomi-nated beneficiary as filed. In the absence of a benefici-ary nomination, payment will be made to your estate.

You may name the beneficiary of your choice or yourestate. All nominations made by you are revocable un-less you otherwise stipulate.

Your insurance ends on the earliest of:(a) the date your termination of employment

occurs;(b) the end of the period for which premium is

paid for your insurance;(c) the date the Group Policy is no longer in

force.If you return to the employment of the Company afterthe insurance has been cancelled, you may be reinstatedunder the Plan from the date of re-employment, providedthat you have not taken advantage of the conversionprivilege, and provided that you have been re-employedwithin a period of twenty-four (24) months.If your insurance ceases, the conversion privilege con-tained in the policy entitles you to purchase an individuallife policy from Maritime Life without undergoing anymedical examination. Written application for the indi-

241

vidual policy must be made to Maritime Life within thethirty-one (31) day period immediately following termi-nation of your insurance.

Once you retire your Life Insurance will be reduced to$12,000 company paid, unless you are in receipt of Dis-ability Benefits where your amount of insurance hasbeen totally paid out.

You are considered to be totally disabled if you havebeen, are and will be continuously and wholly preventedby illness from performing any work for compensationor profit or from following any gainful occupation forwhich you are or may become reasonably qualified byeducation, training or experience.

The Company pays the full cost of the first$49,500 effective 16 February 2016

and the employee pays $0.60 per thousand for the bal-ance of their coverage. ($51000 effective 16 February2016 for all employees)

EMPLOYEES’ PENSION PLANPreambleDuring the course of 2014 bargaining, the parties agreedto change the defined benefit pension and introduce anew defined contribution plan component to the existingPlan. This decision was not made easily, however theparties knew the best way to guarantee a future for the

242

mine, both in exploration, development and exploitationof the commodity was to position and support the em-ployer to make a major investment in the future. This de-cision affected all employees both current and future todiffering extents, to do less than this would limit the lifespan of the mine to approximately 10 years.The initial sampling of a potential second mine levelwould indicate the likely hood of 45 years of productionon top of the existing 10 years, and a possibility of 15years in addition to that dependent upon quality andvalue.

General InformationThe Pension Plan covers all regular employees of theCompany. The Plan is non-contributory, the cost beingfully paid for by the Company. There are two compo-nents to the Pension Plan, the first being the DefinedBenefit portion for all employees of the Company as of30 December 2015. Effective 31 December 2015 em-ployees will cease accumulating recognized service andall employees (current and new) will accumulate pay-ments through the Defined Contribution plan as outlined.Except where the context otherwise requires, words orexpressions used in this Plan denoting the masculinegender shall be read as including the feminine gender.

DEFINED BENEFIT PLAN

1. Eligibility and ServiceEvery full time Employee hired before 31 December

243

2015 shall become a Member of the Plan on the datehe/she commences to be an employee.

Recognized service means the period of recognized em-ployment with K+S WINDSOR SALT LTD. or a desig-nated subsidiary of predecessor's company calculated inaccordance with the Company's Service Rules.

2. Retirement Policy

Any employee who has completed at least thirty (30)years of recognized service may retire early on or afterJuly 1, 1987 at his/her option on the first day of anymonth after his/her fifty-fifth (55) birthday with full pen-sion credits. Such employee will receive, a supplementof $775 per month will be provided to age 60, reducingto $725 per month to age 65 (except those current em-ployees who are not eligible to receive any OAS untilattaining the age of 67).

3. Pension Benefit

The amount of annual pension benefit payable at NormalRetirement Age, or age 55 with 30 years' service, is thesum of the following:

(a) For each year of recognized service prior toDecember 31, 1971, one (1) percent of theaverage earnings received by a member dur-ing the five calendar years in which themember's earnings were the greatest.

244

(b) For each year of recognized service fromJanuary 1, 1972, 0.9% of the member's av-erage earnings received during the five cal-endar years in which the member's earningswere the greatest, plus an additional 0.6%of any portion of the same average earningsover the Year's Maximum PensionableEarnings (YMPE) under the Canada Pen-sion Plan in the year prior to that in whichthe member retires. For employees retiringafter March 1, 1999, the pension formulawill increase to 1.0% of the member’s av-erage earnings received during the five cal-endar years in which the member earningswere greatest for each year of recognizedservice from January 1, 1972.

4. Vested PensionAn employee who has completed two years of servicewith the Company on or after January 1, 1987 acquiresa Vested Interest of 100% in the pension plan.Before January 1, 1987 Minimum Vesting of 5% occursafter six years of recognized service, progressing at therate of 5% for each additional year of recognized servicewhen the employee acquires 50% vesting. Vesting thencontinues at a rate of 10% per year until the 20th year ofrecognized service when full vesting takes place.Where applicable Provincial Government Pension leg-islation is in excess of the Company rules governingvesting, the Government legislation will prevail.

245

Where the vested monthly pension payable at age 65 isless than $25.00 per month, the employee will usuallyreceive a lump sum settlement, calculated on an actuar-ially equivalent basis, payable twelve months after thedate of termination.

Vested interest is finalized twelve months after termina-tion of employment. In the event the employee returnsto regular employment with the Company within histwelve month period, vesting is cancelled but he is rein-stated in the Plan with accumulated pension credits.

It is the responsibility of the individual to apply for thevested pension benefit on reaching Normal RetirementAge.

5. Termination of Employment

Upon completion of two years of service after January1, 1987 the member is entitled to a deferred pensionupon termination.

In respect to service prior to January 1, 1987, after com-pletion of six years of service the member shall be enti-tled to a deferred pension as laid out in Vested Interest,upon termination.

Notwithstanding any other provisions of the Plan to thecontrary, a member who terminates employment prior toage 55 may elect to receive the commuted value ofhis/her deferred pension.

246

The commuted value upon termination may be:– transferred into a locked-in RRSP– transferred to another pension plan– used to purchase a deferred life annuity froman insurance company.

6. Pension PaymentsPension payments commence on the actual retirementdate. Payments continue for the lifetime of the em-ployee. Should an employee die during the five yearsfollowing commencement of the pension, pension pay-ments will continue to be paid to his/her designated ben-eficiary or the commuted value of said remainingpayments to his/her estate for the balance of the five-yearperiod unless an optional form of pension had been se-lected.

7. Voluntary Early RetirementAll pension calculations are based on retirement at theage of 65 except for employees who have reached age55 and have completed at least 30 years of recognizedservice. Any other employee who retires with the con-sent of the Company during the ten years prior to NormalRetirement Date may elect one of the following options:

(a) A deferred pension calculated in accordancewith the formula in Section 4 payable at theNormal Retirement Date, or

A deferred pension actuarially equivalent tothat in (a) payable at any date between the Early

247

Retirement Date and Normal Retirement Date,or

(c) An early retirement pension calculated onan actuarially equivalent basis to that in (a),payable in the Early Retirement Date.

8. Retirement Due to DisabilityAn employee who has completed fifteen years of recog-nized service and who becomes wholly and permanentlydisabled before his Normal Retirement Date may begranted a disability pension at a reduced rate calculatedon an actuarially equivalent basis. If the employee hascompleted 15 years of recognized service and has at-tained the age of 55, the pension will represent full ben-efits earned to the retirement date with no actuarialreduction.The pension supplement is not payable to employees re-tiring due to permanent disability unless they have 15years of service and have reached the age of fifty-five(55) at the time of disability retirement.Current DB plan members on disability will continue toaccrue benefits under the terms of the current DB planuntil the earliest of their return to work, termination, re-tirement, or death.

9. Death BenefitsWhere a member who has completed two years of serv-ice dies prior to the commencement of his/her pension,

248

his/her spouse or, if there is no spouse, his/her designatedbeneficiary or estate, shall be entitled to receive a lumpsum payment equal to the Commuted Value of the pen-sion to which the member was entitled or would havebeen entitled to had he/she terminated his/her employ-ment immediately before his/her death.

In the event of the death of a member who is fifty-five(55) years of age or older prior to the commencement ofhis/her pension, the spouse of such member will be en-titled to receive the pension benefits he/she would havereceived had the member retired on the date of death,with such benefits calculated on earnings and servicethrough that date and with no early retirement reduction.

10. Pension Options(a) Level Income OptionIn the case of early retirement, under this optiona higher pension is paid before the Old AgePension commences, and a lower pensionthere-after, so that, combined with the Old AgePension, a level income results.(b) Joint and Survivor Option

Each member with a spouse on the date pensionpayments are to commence will receive a re-duced pension payable for the member's life-time. If the member is survived by his/herspouse, the spouse will receive the remainder,if any, of the 60 months guaranteed payments

249

which have not been received by the member.The spouse will then receive a pension equal to60% of the deceased member’s pension, untildeath.

(c) Single Life PensionPayable for the lifetime of the member andguaranteed for a period of 60 months.The amounts of pension provided under theseoptions are calculated on an actuarially equiv-alent basis.

250

SAMPLE DEFINED BENEFIT PENSIONCALCULATION

Date of Birth: 10 December 1934Date Hire: 1 January 1968Retirement Date: 31 December 1999

Service to: 31 December 1971 4 yearsService from: 1 January 1972 to

31 December 1999 27 yearsTotal Service: 31 yearsEmployee’s Average AnnualEarnings for best 5 years $50,000.00Maximum CPP PensionableEarnings for >98 36,900.00Excess of Av. Annual Earningsover YMPE $13,100.00(a) Pension for Service from1 Jan 1968 to December 1999 (Retirement)$50,000 x 31 x 1% $15,500.00

(b) Pension for excess of Average AnnualEarnings over YMPE1 Jan 1972 to 31 December 1999 $13,100 x 27 x 0.6% $2,122.20

Total Annual Pension $17,622.20Total Monthly Pension Income $17,622.20 x 1/12 $ 1,468.52

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DEFINED CONTRIBUTION PLAN

1. EligibilityEffective 31 December 2015 every current full time em-ployee and any employee hired after 31 December 2015shall become enrolled in the Defined Contribution por-tion of the pension plan on the aforementioned date orthe date he/she commences to be an employee.

2. Plan ElementsAll full-time employees will be eligible for contributionsimmediately upon employment (immediate vesting).Contributions to your account will be made on a monthlybasis.Employees who have attained at least 50 points (age +service) on 31 December 2015 will be considered grand-fathered. All other employees including new hires after31 December 2015 will not be grandfathered. Contribu-tions are as outlined below.Compensation for calculating contribution includes ac-tual earnings including overtime. It does not includeother taxable benefits.Investments are through Standard Life and include targetdate funds and other alternative funds so members caninvest within the own risk tolerance. Members will de-cide on an individual basis how their contributions areinvested.Any employee who has completed at least thirty (30)

252

years of recognized service may retire early on or afterJuly 1, 1987 at his/her option on the first day of anymonth after his/her fifty-fifth (55) birthday. Such em-ployee will receive, a supplement of $775 per month willbe provided to age 60, reducing to $725 per month toage 65 (except those current employees who are not el-igible to receive any OAS until attaining the age of 67).For current employees as of the implementation date, thebridge benefit will not be less than 75% of the CPPpayable at the employee’s actual retirement date andfixed for the life of bridging.An employee who has completed fifteen years of recog-nized service and who becomes wholly and permanentlydisabled before his Normal Retirement Date may begranted a disability pension at a reduced rate calculatedon an actuarially equivalent basis. If the employee hascompleted 15 years of recognized service and has at-tained the age of 55, the pension will represent full ben-efits earned to the retirement date with no actuarialreduction.Future hires who attain one or more years of senioritywill receive Company contributions to the DC plan forall periods when they are in receipt of STD benefits, andup to five years for a WSIB absence.Effective 1 January 2016 DC plan members, includingfuture hires, will be eligible for employer contributionsduring periods of lay off for up to one year in any oneyear of the Collective Bargaining agreement.The administrative fees of the Avenue Funds (or simi-

253

larly situated “target funds”) will be capped at 45 basispoints for a period of 10 years from the implementationdate.

The Company agrees to work with the Union to negoti-ate preferred annuity rates with the DC plan provider andmake the annuity option available to plan members upontheir retirement.

During the term of this Collective Bargaining agreement,the Company confirms that all funds in the DB portionof the pension plan will remain in the DB pension planand will not be used to fund the DC pension plan.

3. Contribution FormulaGrandfather Points Company Contributiondetermined at transition and each December 31 thereafter

Under 60 8%60 – 69 9%70 – 79 10%80 – 89 11%90 – 99 12%

100 or more 13%Not Grandfathered 6%

4. 50% Matching

Effective January 1, 2018, an employee may elect tomake, by payroll deduction, optional contributions in re-

254

spect of current service at a rate up to two percent (2%)of the employee’s compensation to the DC plan. TheCompany shall contribute an amount equal to fifty per-cent (50%) of the employee’s optional contribution, upto a maximum of 1% of the employee’s compensation.

TIME CLOCKS

Employees are required to clock in before the start of theregularly scheduled shift and again at the end of theirshift. When an employee is late, he/she is docked in sixminute intervals based on the time indicated on his/hertime card. If an employee leaves before the end of hisshift, he/she is penalized to the extent of twelve (12)minutes for the first twelve (12) minutes or less and six(6) minutes for every additional six (6) minutes or less,before the end of his/her shift. Employees must clockin and/or out when they leave the Gatehouse except forspecial circumstances.

UNDERGROUND TAGOUT SYSTEMOJIBWAY MINE

An underground tagout system has been devised to en-sure in the case of an emergency that all employees havereturned to the surface and no one is left underground.The tagout board is located in the Mine Dry Area. Atthe end of his/her shift an employee will return his/hertag to the Surface side of the board. Each employees tagnumber will be the same as his payroll number.

255

CHEMSAL CLUB

All employees are eligible for membership in the Chem-sal Club, an employee organization which sponsors var-ious social events. The Club facilities are located on thebanks of the Detroit River, adjacent to the OjibwayMine, and includes complete kitchen and bar facilities,baseball diamond and boat launching facilities. TheClub is operated by a Committee of elected employeesof both the Windsor Facility and Ojibway Mine. Someof the events which they sponsor are the annual Chil-dren's Christmas Party, Fishing Derby, Annual Picnic,Corn Roast, Halloween Party and New Year's Celebra-tion. An inexpensive monthly membership fee can bepaid through payroll deduction and applications areavailable through the Personnel Office or from a memberof the Chemsal Club Executive.

UNION MEMBERSHIP

The employees of the Windsor Facility and OjibwayMine are represented by Unifor Local 1959.

Under the terms of the respective Collective Agreements,the Company must deduct from each employee's pay,monthly membership fees on behalf of the Union. Fur-ther, each employee must become a member of theUnion within 30 days of his/her hiring and is required tocontinue as a member during his/her term of employ-ment with the Company.

256

EMPLOYEE ASSISTANCE PROGRAM (EAP)All employees, retirees and their eligible dependants areentitled to up to six confidential counseling sessions (perfamily) per year currently provided by ComPsych (1-877-239-9035) and/or their referral agencies. EAP Coun-selors are specialists in areas such as:

• Addictions: Alcohol, Drugs, Gambling • Family & Marital Counseling• Depression & Stress• Financial Issues• Individual Psychological Treatment• Family Violence• Caregiver Support• Mediation• Parenting Issues• Change in the Workplace• Workplace Health• Workplace Stress• Critical Incident Stress• Bereavement Counseling• Pre & Post Retirement Counseling• Anger Management• Legal Issues

For more information contact the Human Resources of-fice or your Union representative

March, 2014

257

258

CALENDAR 2017

FEBRUARYS M T W T F S

1 2 3 4 5 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28

MARCHS M T W T F S

1 2 3 4 5 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31

APRILS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930

MAYS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31

JUNES M T W T F S 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30

JULYS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930 31

AUGUSTS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31

SEPTEMBERS M T W T F S

1 2 3 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 30

OCTOBERS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31

NOVEMBERS M T W T F S

1 2 3 4 5 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30

DECEMBERS M T W T F S

1 2 3 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031

JANUARYS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31

259

CALENDAR 2018

FEBRUARYS M T W T F S 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28

MARCHS M T W T F S 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31

APRILS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30

MAYS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31

JUNES M T W T F S

1 2 3 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 30

JULYS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31

AUGUSTS M T W T F S

1 2 3 4 5 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31

SEPTEMBERS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930

OCTOBERS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31

NOVEMBERS M T W T F S

4 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30

DECEMBERS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930 31

JANUARYS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31

260

CALENDAR 2019

`

FEBRUARYS M T W T F S

1 2 3 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28

MARCHS M T W T F S

1 2 3 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031

APRILS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30

MAYS M T W T F S

1 2 3 4 5 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31

JUNES M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930

JULYS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31

AUGUSTS M T W T F S 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31

SEPTEMBERS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30

OCTOBERS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31

NOVEMBERS M T W T F S

1 2 3 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 30

DECEMBERS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31

JANUARYS M T W T F S

1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31

261

CONSUMER PRICE INDEX(2002 Base - 100)

2016 2017 2018 2019 January ........ 129.5February ........ 129.7March . ........ 129.9April . ........ 130.4May ........June ........July ........August ........September ........October 129.1November 128.6December 128.4

263

INDEX

TOPIC SECTION PAGEAbsence From Work- Notifying Company 6.7.0 46

Acting Foreperson, Time limits 4.5.0 29Arbitration Procedure 19.1.0 152Bargaining Unit - Recognition 1.2.0 8Benefits- Employees 14.2.0 120 - Plan 14.1.0 120

- Retirees 14.3.0 125Benefit Continuation 14.2.11 124Bereavement Leave- Immediate Family 12.1.0 102- Other 12.1.1 103- Overtime 12.3.0 104- Vacation 12.2.0 104

Birthday- 24 Hour Period 11.5.0 101- Exclusion From Work 11.5.0 101- Mid Week 11.6.1 102- Overtime 11.5.1 101- Weekend, Holiday 11.6.0 101

Bulletin Boards- Location Restrictions 3.3.0 23

Call-in Pay 7.4.0 57Change of Starting Time 7.5.0 57Classification, New 8.1.0 76Classification, Schedule “A” 8.2.0 77

TOPIC SECTION PAGEClassification Change 8.3.0 77Collar To Collar Variation 6.5.0 46Company Recognition 1.3.0 8Contracting Out- Discussion 17.2.0 143- No Layoff 17.1.0 143 - Unionized Contractors 17.2.3 144- Warranty/Specialty Work 17.2.2 144

Cost of Living Allowance 8.11.0 79 Credit Union Deductions 3.1.0 22Criminal Code Offence 12.10.0 108

15.12.0 138 Dental Plan 14.2.4 121 Disability Wage Plan 14.2.9 123 Discharge- Grievance Procedure 18.4.0 147 - Notification to Union 18.7.0 148- Representation 18.9.0 149

Discipline- Notice To Representative 18.9.0 149 - Prior Infractions 18.9.0 149

Discrimination 1.6.0 10Drug Plans 14.2.1 120Duty To Accommodate, Medicals 13.9.0 118 Early Leaving Penalty 6.8.1 47Employee Definition 1.1.0 8Employee Handbook 14.5.0 126 Extended Health Plan 14.2.5 121 Forepersons Working, Exceptions 6.9.0 47

264

TOPIC SECTION PAGEFront End Loader &

Bulldozer Operators 8.7.0 78Grievance- Appeal/Reply Time Limits 18.1.0 146 - Attendance, Company 18.11.4 153- Attendance, Grievor 18.11.2 153- Attendance, Others 18.11.3 153- Attendance, Plant Committee 18.11.0 152- Definition of 18.1.0 144- Discharge and Suspension 18.4.0 147 - Employee or Group Settlement 18.11.7 152 - Probationary Restriction 18.3.0 147 - Procedure 18.1.0 144- Referral to Arbitration 18.6.0 148- Settlement Earnings 18.5.0 148 - Time Limits, Exclusion,

Extension 18.10.0 149 Headframe Premium 8.6.0 78Health & Safety- Annual Medicals 13.5.0 113 - Committeeperson Functions 13.3.0 111- Compliance to Act 13.4.0 113 - Medical Release 13.5.1 114 - National Representative 13.5.3 114- Notice of Meeting 13.6.0 115 - Other Equipment 13.6.1 (b) 116- Paid Time 13.3.2 113- Plant Chairperson 13.3.1 113- Policy or Procedure Changes 13.3.0 (7) 113

265

TOPIC SECTION PAGE- Results 13.5.2 114- Safety Glasses 13.6.1 (a) 115- Safety Shoes 13.6.1 (a) 115- Safety Shoes, Second Pair 13.6.1 (a) 115

Hiring, Temporary Classification 9.8.1 84Hoistpersons- 12 Hour Break 16.6.0 142 - Day Off 16.5.0 142- Definition 16.1.1 140- Job Posting 16.7.0 142- Overtime Distribution 16.4.0 141 - Pay Rate 16.1.0 140- Training 16.8.0 142

Holidays- Attached to Vacation 10.11.0 95 - Eligibility 11.2.0 99 - Listing 11.1.0 96- Substitution 11.3.0 100 - Worked, Lieu Day 11.4.0 100 - Worked, Pay Rate 7.6.0 58

Hours- Changes 6.1.3 44- Collar to Collar 6.5.0 46- Normal Work Week 6.1.0 43- Not Guarantee 6.1.1 43- Interchangeability 6.11.0 50

Interpretation, Gender 1.7.0 10Job Assignment- Utility 4.6.0 29

266

TOPIC SECTION PAGE- Temporary Shutdown 4.7.0 30

Job Postings- 1 Permanent, 1 Temporary 5.9.0 39- Advanced Notice 5.1.0 33- Application Withdrawal 5.5.1 38- Fail To Qualify, Return 5.12.0 42 - Job Transfer, Departmental 5.13.0 43 - Notification 5.5.0 38

Permanent Postings- Assignment 5.1.4 34- Eligibility 5.1.1 34- Placement 5.1.2 34- Skilled Trades 15.3.0 128 - Training 5.1.5 35- Vacancies 5.1.0 33- Return to Work, 48 Hours 5.11.0 41

Temporary Postings- Annual Shutdown 5.10.0 40 - Assignment 5.2.2 36- Eligibility 5.2.1 36- Non-Skilled Maintenance 5.4.0 37- Return 5.6.0 39- Skilled Trades 15.3.3 129 - Vacancies 5.2.0 35

Journeyperson- Definitions 15.4.0 132- Requirement 15.2.0 127 - Supplemental Employees 15.2.0 127

267

TOPIC SECTION PAGEJury Duty- Eligibility 12.3.4 105 - Overtime Availability 12.3.1 104 - Pay for 12.3.0 104

Labour Management Committee 3.17.0 26 Lateness - Penalty for 6.8.0 47Layoffs- Complete Shutdown 9.9.0 85- Contracting Out 17.1.0 143 - Emergency 9.6.0 83- Notice to Plant Chairperson 9.8.2 85- Procedure 9.3.0 81- Training 9.4.0 83

Leaves of Absence- Criminal Conviction 12.10.0 108 - Displacement Period 12.9.0 107 - Letter of Understanding #17 169- Maximum Allowed 12.7.0 107 - Personal 12.5.0 106 - Union Business 12.10.0 108 - Union Election/Appointment 12.6.0 106

Life Insurance 14.2.7 121 List of Supervision 6.9.2 48Literature Distribution 3.4.0 24LOA Short-Term- Benefit Continuation 14.7.0 127

Lockout 3.6.0 24Loss of Seniority 4.3.0 28Loss of Seniority, Supervision 4.5.0 29

268

TOPIC SECTION PAGELong Term Disability 14.2.10 124 Lunch Period- Double Shift Boatloading 6.4.3 45- Included in Working Hours 6.1.0 43- Relief, Boatloading 6.4.3 45

Management’s Rights Clause 1.3.0 8Medicals 13.5.0 113 Medical Records 13.5.1 114Maintenance Labour 13.11.0 119Mine Rescue- Insurance 14.2.7 (e) 122- Overtime 7.19.0 74 - Pay Rates 7.19.3 75

Mutual Exchanges 6.10.0 43 Mutual Exchange, Overtime 7.17.0 74 Negotiating Committee Pay 2.10.0 11 New Installation or Assembly 17.2.1 143New Location Rights 1.5.1 9Overtime- Advanced Notice 7.15.0 73- Boat Loading 7.1.2.1 53 - Eligibility 7.3.3 55- Ineligible, Bereavement 7.17.0 74 - Ineligible, Regular Hours 7.20.0 75 - Maintenance 7.11.0 66 - Meals 13.7.0 117 - Mill 7.9.0 59- Mine 7.10.0 62 - Mine, Modified 7.10.6 63

269

TOPIC SECTION PAGE- Requirement To Call 7.1.2 51- Restriction, Hours (24 in 48) 7.2.1 53- Wrong Assignment 7.1.3 53

Overtime Pay- First Shift Schedule Change 7.4.0 57- Mutual Exchange 7.18.1 74 - No Pyramiding 7.7.0 58- On Paid Holidays 7.6.0 58- Regular Work Week 7.2.0 53- Saturday and Sunday 7.3.0 54

Overtime Record- Availability 7.14.0 72- Chemsal Club 7.13.3 69- Employee Transfer, Maintenance7.12.0 68 - Employee Transfer, Mill 7.9.2 59- Employee Transfer, Mine 7.10.2 62 - Hours 7.13.0 68 - Hours Charged 7.13.1 69 - Hours Refused 7.13.1 69 - Hours Restated 7.12.0 68 - New Employee, Maintenance 7.12.2 68 - New Employee, Mill 7.9.1 59- New Employee, Mine 7.10.1 62 - Weekend Schedule 7.15.0 73

Paid Educational Fund 3.2.0 23Paid Educational Leave 3.2.1 23Pension 14.2.8 122 Pensioners - Medical Coverage 14.3.0 125 Personal Protective Equipment 13.6.1 115

270

TOPIC SECTION PAGEPosting of Notices 3.3.0 23PPH Day 11.6.2 102- Exclusion From Work 11.5.0 101

Probationary Period 4.1.0 27Probationary Rate 8.5.0 78Public Office Leave of Absence 12.11.0 108 Qualification Lists 8.12.0 80Recall, Procedure 9.8.0 84Recall, Skilled Trades 15.13.0 139 Reports of Accidents/Incidents 13.2.0 110 Rest Period, Paid Lunch 6.4.0 45Rules/Regulations 1.4.0 9Re-Employment, Windsor Facility 1.9.0 11Safety Glasses, Prescription 13.6.1(a) 115Safety Shoes 13.6.1(a) 115Seniority- Accumulation of 4.1.1 27- Loss of 4.3.0 28- Posting Lists 4.2.0 28- Super Seniority (Union) 9.7.0 83- Temporary Shutdown 4.7.0 (1) 30- Utility 4.6.0 29- WSIB, S&A, LTD 14.2.13 124

Shift Premiums 8.8.0 78Skilled Trades- Assignment 15.5.0 133 - Assisting 15.5.0 133 - Breakdown Continuation 7.11.3 67 - Bumping Rights 15.12.1 138

271

TOPIC SECTION PAGE- Bumping Rights, Other Trade 15.12.2 138- Classifications 15.1.0 127 - Coveralls 15.10.0 137 - Dues 15.7.0 136 - Hoist Inspection 15.9.0 137- Ineligible Overtime 7.11.2 67- Metric/Specialty Tools 15.8.0 136 - Overtime Distribution 7.11.1 66 - Seniority and Layoff 15.12.0 138- Seniority Listing 15.11.0 138 - Seniority and Recall 15.13.0 139 - Supplemental Employees 15.2.0 127 - Special Assignment – Hours 15.3.7 131 - Training 15.6.0 134 - Tool Replacement 15.8.1 138- Vacancy 15.3.6 130- Working two consecutive

48) hour weeks 15.14.0 139 Strike Provision 3.5.0 24Students 4.1.1 27Successor Rights 1.5.0 9Supervisors Working 6.9.0 47Termination of Agreement 20.1.0 154 Underground Premium 8.9.0 79Union Bulletin Boards 3.3.0 23Union Business- Definition of 2.6.3 18- During Working Hours 3.16.0 26

272

TOPIC SECTION PAGEUnion Committee- Alternates, Absence 2.4.0 13- Orientation 2.13.0 22- Notification to Company 2.3.0 12- Plant Chairman, Off Site 2.5.1 (a) 14- Recognition 2.1.0 11- Regular Duties 2.5.0 13- Right To Post 2.8.3 20- Stewards 2.2.0 12- Time Allowance 2.5.1 14- Weekday hours 2.8.0 19- Weekend Hours 2.6.0 17- WSIB Designate 2.5.2 15

Union Dues- Deduction of 3.11.0 25 - Payment of 3.12.0 25

Union Membership 3.8.0 25Union Office 2.9.0 20Vacations- Assignment 10.9.5 94 - Calculation of Pay 10.2.0 86 - Eligibility 10.1.0 86 - Normal Vacation Week 10.10.0 94 - Overtime Exclusion 10.10.0 94 - Paid Holiday, During 10.11.3 95 - Paid Holiday, Prior or Following 10.11.0 95 - Payment of 10.4.0 88 - Pro-Rated 10.5.0 88 - Rate Used 10.2.0 86

273

TOPIC SECTION PAGE- Reinstatement After

Termination 10.12.0 96 - Requests, Jan - Apr 15 10.9.2 91 - Requests, Apr 16 - Dec 31 10.9.3 92 - Scheduling 10.9.4 93 - Termination Entitlement 10.13.0 96

Wage Rates- Existing Classifications

Schedule “A” 8.2.0 77

- New Classification 8.1.0 76- Temporary Assignment 8.3.0 77- Working Leader 8.4.0 78

Warranty/Specialty Work 17.2.2 144 Wash Up Period 6.3.0 45WSIB Claim Delay 13.2.1 110

274

275

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