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COLLECTIVE AGREEMENT

Between:

DAKKOTA INTEGRATED SYSTEMS, WINDSOR

(Hereinafter called "Company")

-And-

CAW.TCA CANADA

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS

UNION OF CANADA (CAW-CANADA) AND ITS LOCAL 444

(Hereinafter called the "Union")

' OCT 0 9 2010 j 4 li

[l * ,, COLLECTIVE BARGAiNING n

' r INFORMATION SERViCES j .

··-

COOING CONTROL

IDENTCODEO

EMPLOYE~

-------------------------------~·----~~·-·--

; ">,

COLLECTIVE AGREEMENT

Between:

DAKKOTA INTEGRATED SYSTEMS, WINDSOR

(Hereinafter called "Company")

-And-

CAw6TCA CANADA

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND G~NERALWORKERS

UNION OF CANADA (CAW-CANADA}

LOCAL444 (Hereinafter called the "Union")

March 21. 2008- March 21, 2011

I . 11 ..

TABLE OF CONTENTS

ARTICLE 1- PURPOSE ...................................... 1

ARTICLE 2- RECOGNITION . . . . . . . . . ....................... 2

ARTICLE 3 - MANAGEMENT RIGHTS ........................... 2

ARTICLE 4 - UNION SECURITY ............................... .4

ARTICLE 5 UNION REPRESENTATION .......................... 5

ARTICLE 6 -GRIEVANCE PROCEDURE . . . . . . .........•.... 9

ARTICLE 7- ARBITRATION . . . . . .. . . . .. .. . . . . . . . . . . .. . . .... 12

ARTICLE 8 -ADMINISTRATION OF DISCIPLINE ................ 15

ARTICLE 9- DISCIPLINARY ACTION . . . . . . . . . . . . . . . . .15

ARTICLE 10 NON DISCRIMINATION/HARASSMENT ........... 15

ARTICLE 11-GENDER .................................... 18

ARTICLE 12- SENIORITY .................................. 18

ARTICLE 13- JOB POSTING ... ''' .. '.'.' ... ' .20

ARTICLE 14- LAYOFF & RECALL ............................. 24

ARTICLE 15 LEAVE OF ABSENCES .......................... 26

ARTICLE 16 WAGES ...................................... 29

ARTICLE 17 OVERTIME ................................... 30

ARTICLE 18- SHIFT PREMIUM....................... . . . . . .32

ARTICLE 19- CALL IN PAY .. . . . . . . . . . . .. . . .. .. . . .... 32

ARTICLE 20- REPORTING PAY .............................. 33

ARTICLE 21 - EMPLOYEE CALL-IN PROCEDURE . . ............ 33

ARTICLE 22 -TIME STUDY .................................. 33

ARTICLE 23- HOLIDAYS .................................... 34

ARTICLE 24- VACATION SCHEDULE AND VACATION PAY . . . ... 36

ARTICLE 25- SUBSTANCE ABUSE . . . . . . . . . . . . . . . . . . . . . . . . . .38

ARTICLE 26- HEALTH & SAFETY ............................ 39

ARTICLE 27- GROUP INSURANCE\HEALTH AND WELFARE

INSURANCE\LIFEIA.D.&D. AND WEEKLY INDEMNITY ........... .42

ARTICLE 28 - NEW EMPLOYEE ORIENTATION ................. 48

ARTICLE 29 HOURS OF WORK ............................ .48

ARTICLE 30 TECHNOLOGICAL CHANGE ..................... 49

ARTICLE 31 - CONTINUING EDUCATION ...................... 50

ARTICLE 32- INJURY ALLOWANCE ........................... 52

ARTICLE 33- BULLETIN BOARDS ............................ 52

ARTICLE 34 LOCKERS ..................................... 52

ARTICLE 35 COPIES OF THE CONTRACT .................... 52

ARTICLE 36 - STRIKES OR LOCKOUTS ....................... 53

ARTICLE 37 - SOCIAL JUSTICE .............................. 54

ARTICLE 36 - DURATION . . . . . . . . . . . . . . . . ................... 54

ARTICLE 39- PENSION PLAN ............................... 55

ARTICLE 40 GENERAL .................................... 56

ARTICLE 41 WAGES AND CLASSIFICATIONS

MEMORANDUM OF UNDERSTANDING

........ 58

RE: PERSONAL PROTECTIVE EQUIPMENT ............... 60

MEMORANDUM OF UNDERSTANDING

RE: CONTINUOUS IMPROVEMENT . . . . . . . . . . . . . ...... 61

MEMORANDUM OF UNDERSTANDING

RE: PREFERENTIAL HIRE .............................. 62

MEMORANDUM OF UNDERSTANDING

RE: HOURS OF WORK-PRODUCTION EMPLOYEES ........ 63

MEMORANDUM OF UNDERSTANDING

RE: HOURS OF WORK- SKILLED TRADES . . . . ........... 64

MEMORANDUM OF UNDERSTANDING

RE: REGARDING SUPPLEMENTAL WORKFORCE .......... 65

MEMORANDUM OF UNDERSTANDING

RE: EMPLOYEE RECORDS ......... . . ....... 67

MEMORANDUM OF UNDERSTANDING

RE: LOCAL CONDITIONS ............................... 68

MEMORANDUM OF UNDERSTANDING

RE: MAINTENANCE TECHNICIANS ........ 69

ARTICLE 1- PURPOSE

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

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

(b) to recognize mutually the respective rights and functions of the parties hereto;

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

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

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

The parties collectively recognize and agree it is in the best interest of all concerned to create a strong partnership based on harmony, integrity, mutual trust and respect. The parties further recognize and agree it is in the best interest of the Company and Union to work together sharing the same common goals.

MEMORANDUM OF UNDERSTANDING ARTICLE 2 - RECOGNITION RE: SENIORITY DATE . . . . . . . . . . . . . . . . . . . . . . . . ...... .70

MEMORANDUM OF UNDERSTANDING

RE: JOB OPPORTUNITY ............................. 71

MEMORANDUM OF UNDERSTANDING

RE: PLANT CHAIRPERSON .................... . . .... 72

MEMORANDUM OF SETTLEMENT ............................ 73

2.01

'·.,

Pursuant to and in accordance with all applicable provisions of the Ontario Labour Relations Act, the Company recognizes the Union as the sole and exclusive bargaining agent of all Employees of the Company in the Town of Lakeshore and County of Essex, save and except any and all supervisors,

·-p

2.02

2.03

persons above the rank of supervisor, office, clerical, administrative employees and security guards. This agreement will pertain only to Employees in the bargaining unit.

Management will not perform bargaining unit work to such an extent that results in a layoff of one or more bargaining unit employees or may result in an elimination of bargaining unit work, except in the following situations:

{a) On experimental and developmental work or methods, including work generated by a program launch, prototypes, and samples;

{b) In an emergency situation to avoid customer plant shutdown, shortage of components or to protect product equipment material;

{c) In the instruction or training of employees including demonstration of the proper method to accomplish the task assigned.

Persons excluded from the bargaining unit will not displace any represented employee.

2.04 In the event the Company relocates within Essex, Kent or Lambton County, this Collective Agreement will be applicable and all Employees subject to this Collective Agreement will continue in employment and shall have the right to move to the new location and retain the seniority each has acquired.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 Except as, and to the extent specifically modified by this Agreement, all rights and prerogatives of Management are retained by the company and remain exclusively and without limitation within the rights of the Company and its Management and may be exercised by the Company in its discretion. Without limiting the generality

2

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of the foregoing, the Company's rights shall include:

{a) The right to maintain order, discipline and efficiency. To make, alter and enforce from time to time, rules and regulations {which rules and regulations shall be neither unreasonable, nor inconsistent with the provisions of this Agreement) policies and procedures to be observed by its employees which shall be administered in a fair, impartial and consistent manner to all employees. To discipline, suspend and discharge employees for just cause, subject to the right of an employee with seniority to lodge a grievance as provided herein.

(b) The right to select, hire, and control the work force and employees. To transfer, assign, promote, demote, layoff, schedule and classify employees. To plan, direct and control its operations. To select and retain employees for positions excluded from the bargaining unit. To operate and manage the enterprise in all respects in order to satisfy i.ts commitments and objectives.

(c) The right to determine the location and extent of its operations and their commencement expansion, curtailment or discontinuance. The direction of the work force. The work·to be done, the products to be manufactured, merchandised and sold. The standard of performance. Whether to perform or contract for goods and services. The schedules of work. The methods, processes and means of performing work. Job content and requirements. The qualifications of employees. The use of improved or changed methods and equipment. The number of employees needed by the Company at any time and how many shall work in any job. The number of hours to be worked. Starting and quitting times. Shift hours and rotation thereof. The methods to be used to

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ensure security of the Company's property. The right to generally manage the enterprise and its business without interference are solely and exclusively the right of the Company.

ARTICLE 4- UNION SECURITY

4.01

4.02

4.03

4.04

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

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

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

All dues and initiation fees payable to the Union will be deducted monthly and forwarded to the Local Union

Financial Secretary by the 15th day of the following month. Member check off will be in accordance with CAW Constitution. The Company will also supply a list of those members who did not have Union dues deducted and the reason why no deduction took place.

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

The Company will maintain and post an up-dated seniority list quarterly by the 15th day January, April, July, and October. Such list shall show Employee's job classifications. Additionally, the Company shall submit

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a list of all probationary Employees. Copies of such lists shall be provided quarterly by the 15th day of January, April, July, and October for the previous quarter.

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

(a) Employees by rate and classification.

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

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

(d) Employees on layoff.

(e) Employees who have lost seniority.

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

(g) New hires with first date of work.

(h) Employees' addresses and phone numbers.

Memos will be given to the Plant Chairperson for (d), (e), (f), (g) above on the date of occurrence. The lists are not required if there were no changes from the previous quarterly lists.

ARTICLE 5 UNION REPRESENTATION

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

One (1) Plant Chairperson Two (2) Committeeperson (s)

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5.02

5.03

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In addition, the Union shall elect or appoint and the Company shall recognize three (3) Stewards with one (1) assigned to each operating shift. Stewards will only function when the Plant Chairperson and committee persons are absent.

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

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

The Plant Chairperson shall be granted the full time of his/her shift with pay to perform his/her function under the terms of the Collective Agreement. The Committeeperson(s) and Stewards will perform their regular duties, except when functioning as a union representative in accordance with the provisions of the agreement.

The Plant Chairperson will be paid the hourly rate of the highest paid production classification represented by the Agreement. The Chairperson will be returned to his/her classification, shift and rate upon leaving office.

When twenty (20) or more of the bargaining unit are working overtime, the Plant Chairperson will be offered overtime in a working capacity.

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

Union representatives shall be allowed reasonable time off the job with pay to attend to grievances or complaints. Such time will be granted within a reasonable period.

The Company and the Union will hold monthly Labour­Management meetings for the purpose of discussing

issues relating to the workplace, which affect the parties or any Employee bound by this Agreement. The Plant Committee will attend these meetings with pay. Grievances will not be discussed at these meetings.

Payment of the Bargaining Committee

The Company agrees to pay eight hours per day to the bargaining committee members while they are negotiating the renewal of the collective bargaining agreement.

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

Women's Advocate

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

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

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

The Women's Advocate will participate in an initial 40 hour training program and an annual 3 day training update program. The Company will be responsible for wages.

5.06

5.07

5.08

5.09

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The Union will be responsible for per diem expenses, mileage, lodging, registration costs etc.

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

The Union will inform the Company in writing of the names of the Union Representatives and the other Union Officials, and subsequent change in the names of such representatives. The Company will not be required to recognize representatives until such notification from the Union has been received. Union representative or Women's Advocate/and or griever shall report to and obtain permission from his/her shift leader whenever it becomes necessary to leave their work for the purpose of processing grievances, complaints, or other in-plant Union business as outlined in the Collective Agreement

Such permission will be granted immediately under normal conditions, and within a reasonable period of time, not to exceed one hundred twenty (120) minutes, if replacements (s) are to be arranged.

Each Union representative and Management person will in turn act responsibly in dealings with regard to these matters.

The Union shall not conduct Union business or activities on Company time or premises without the permission of management. The Union representative and/or griever will return to work without undue delay and shall notify their shift leader at the time they return to work.

Local 444 will notify the Human Resources Manager in writing when Union representatives will be out of the plant for union business. Their destination and general nature of their business outside of the plant, and the time anticipated to transact such business will be

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5.10

5.11

5.12

stipulated in the request. This time spent outside of the plant will be paid for by the local Union. Appropriate notice will be given.

The Bargaining Committee will be the last to be laid off and the first to be recalled with the Plant Chairperson having the highest seniority, provided the emplovee (s) has the skill and ability to do the required work.

With prior notification, the President of the local Union, National Representative or designate or Local Substance Abuse Representative shall be granted admission to the plant on the understanding that there will be no undue interference in production.

The Company agrees to provide the Union one reasonably sized office equipped with telephone access restricted to area codes in the local area, air conditioning, filing cabinet, stationary supplies, desk, chairs and computer with email access for use of Union Representatives on Union business only. The Union agrees to maintain these areas in a clean and uncluttered condition.

ARTICLE 6 - GRIEVANCE PROCEDURE

6.01 Unless otherwise expressly provided in this agreement, this grievance procedure shall be the exclusive mechanism through which the Company, the Union, and its Bargaining Unit members shall resolve all disputes, including interpretations of contract provisions arising under, out of, in connection with, or in relation to this Collective Labour Agreement.

6.02 Grievances shall only be recognized or processed if redirected to writing and filed within three (3) calendar days of when the employee knew or should have known of the occurrence:

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(a) Step One - Any employee having a grievance shall present it orally to his/her supervisor. The employee has the right to request the presence of his/her Committee Member at such discussion. The grievance shall be reduced to writing in the event such grievance is not orally settled. The grievance shall name the employee(s) involved, shall identify all the provisions of this contract alleged to be violated by appropriate reference, shall indicate the remedy requested and shall be signed by the employee and, if available, the Committee Member. The supervisor shall give his/her written answer to the Committee Member within three (3) working days. Any settlement at this step is without precedence or prejudice to either party.

(b) Step Two - If the grievance is not resolved in Step One, the Union may appeal the grievance to Human Resources and/or designated company representative within five (5) working days of receiving the Step One response or the expiration of the time for the supervisor's response, whichever occurs first. Human Resources shall arrange a meeting with the Chairperson to discuss the grievance. Human Resources shall give a written answer within five (5) working days of the meeting to the Chairperson.

(c) Step Three - If the grievance is not resolved at Step Two, the Union may appeal within five (5) working days.

A meeting will be arranged between the Plant Manager, Corporate Human Resources, the Local Union Representative, the Bargaining Committee within fifteen (15) calendar days, and the Company must answer in writing within five (5) working days thereafter.

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6.03

6.04

6.05

6.06

(d) Step Four- The decision of the Company will be considered final, unless, within ten (10) calendar days of the answer the grievance is moved in writing to Arbitration.

All grievances must be filed and appealed by the Union within the time limits set forth herein. Any grievance not conforming to the provisions herein or not filed within the prescribed time limit or not advanced to the next Step within the time limit in that Step, shall be deemed abandoned. In the event the Employer fails to respond within the time limits for the Employer's response at any Step, the grievance will be deemed denied and automatically moved to its next step of the Grievance Procedure. llme limits may be extended by the Employer and Union in writing; then the new date shall prevail.

The following special procedure shall be applicable to a grievance alleging improper discharge, or suspension of an Employee with seniority. The grievance may be lodged in writing at the fourth step, within three (3) working days after the suspension or discharge occurred. If the decision of the Company is not satisfactory to the Union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected, as herein provided.

Policy grievances may be filed by the Committee on behalf of the Union or the Employees at the third step, providing it is within three (3) working days of the alleged violation.

The term working days when used in this agreement for grievance procedure, shall exclude Saturdays, Sundays, Holidays and Vacations as defined herein.

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ARTICLE 7 • ARBITRATION

7.01 Within five (5) working days of the giving of written not1ce of appeal to arbitration, both parties will exchange lists of three (3) arbitrators. In the event that the pa~ie~ cannot agree to an arbitrator, either party may, w1th1n ten (1 0) working days after the lists have been exchanged, request the Minister of Labour to appoint an arbitrator and shall provide the other party with a copy of such request.

7.02 The arbitrator shall not have the power to add to, subtract from, or modify any of the terms of this Agreement, nor to substitute his/her discretion for that preserved in the Agreement The Arbitrator, however, has the authority to modify the severity of discipline, so long as the modification is consistent with the terms of this Agreement. The decision of the Arbitrator shall be final and binding upon the parties, and shall be rendered as soon as possible.

7.03

7.04

It .is .expected that the Arbitrator's decision be provided w1th1n 30 days from the hearing. If the Arbitrator's decision is not provided within this time frame, the Company will not be liable for any back pay after the 30 day time frame.

The compensation of the arbitrator shall be split equally by the parties. The Company and the Union shall each bear one-half (1/2) the cost of the fees and expenses of the impartial arbitrator.

Prior to a grievance being arbitrated, mediation may be used to settle a grievance on the consent of both parties.

Where the Company has set a wage rate for a new or reclassified job classification that the Union is not satisfied with, the matter may be referred to an arbitrator. The arbitrator will have the authority to set a

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7.05

new wage rate for the classification and award redress. In setting a new wage rate, the arbitrator shall be limited to making comparisons to other classifications, wage rates and job responsibilities covered by this Agreement.

Commjssjoner System:

Commissioner System: As an alternative to the regular arbitration procedure provided for herein, the parties may mutually agree, in writing, to refer a grievance for and binding arbitration to a Grievance commissioner, selected by mutual agreement of the parties.

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

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

(i)

(ii)

The decision of the Grievance Commissioner shall be confined to the grievance referred to him or her. Such decision must be consistent with the provisions of this Agreement, and the Grievance Commissioner shall have no power to alter, modify or amend any part of this Agreement; The decision of the Grievance Commissioner shall only apply to the case before him or her and shall not constitute a precedent or be used by either party as a precedent in any future cases. However with respect to the case in question, the Grievance Commissioner's decision shall be final and binding upon the Company, the Union and the employee's represented by the Union;

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(iii)

(iv)

(v}

(vi)

The Union and the Company shall each be responsible for one half of any fees or expenses charged by the Grievance Commissioner; The parties shall meet at least thirty days prior to the scheduled hearing date set by the Grievance Commissioner in order to determine what facts can be agreed upon. All such facts will be put together in a Joint Agreed Statement of Fact by the parties. In addition, a Joint Statement of evidence will be prepared by the parties which will outline all facts and assertions that cannot be agreed upon that each party considers relevant and intends to call evidence in respect of at the hearing of the case. Both the Agreed Statement of Fact and the Statement of Evidence will be signed by both the Company and the Union and will be provided to the Grievance Commissioner at least ten (1 0) days before the commencement of the grievance hearing; The purpose of the hearing is to clarify the issues or facts in dispute. At the hearing, the parties may make such further representations or adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence. The grievance commissioner shall be required to render his decision, in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing.

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

It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner

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

ARTICLE 8 - ADMINISTRATION OF DISCIPLINE

8.01 A Union representative will be present during interviews which could lead to discipline of seniority Employees.

8.02 Discipline is defined as any written notice to the Employee's file. A copy must be given to the Committee person.

The Company will administer discipline in a timely fashion (usually within three (3) working days after the day of the offense, or within 3 working days after the date the Company became aware of all of the facts giving rise to the discipline). However, the C~mpany may take additional time, as reasonably re~u~red,. to conduct a thorough investigation before adm1n1stenng disciplinary action.

ARTICLE 9 - DISCIPLINARY ACTION

9.01 No written disciplinary action greater than twelve (12) months of continuous active service will be considered when assessing progressive discipline. At the end of such time, the disciplinary infraction will be removed from the file and will not be used against the employee in any manner.

ARTICLE 10- NON DISCRIMINATION/HARASSMENT

10.01 Both the Company and the Union are committed to

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10.02

providing workplace free of discrimination and harassment.

Management and employees must not engage in discrimination or harassment because of prohibited grounds. All outside contractors will be expected to adhere to all policies on Non Discrimination I Harassment.

Prohibited grounds shall be interpreted in accordance with and subject to the provisions of the Ontario Human Rights Code (i.e. race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, or disability). The Company and the Union are committed to the concept of equal opportunity in the workplace. Both parties agreed to this principle and will promote fair and equitable interaction through mutual respect for the rights of others.

Employees shall not be discriminated against on the basis of Union affiliation. None of the following supervisory or management acts will be construed as harassment prohibited by this section: providing work assignments, directing the workforce, counseling, issuing disciplinary actions, and correcting inappropriate behavior.

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

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

Sexual harassment includes continued unwelcome comments or actions of a sexual nature when the

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10.03

10.04

10.05

recipient has instructed the perpetrator that comments or actions are unwelcome; offensive graffiti, writings or visual depictions of a sexual nature; and unwelcome sexual invitations requests or demands.

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

Violent harassment includes any form of attempted. threatened, actual conduct or physical force of a person that causes or is likely to cause injury, and includes any threatening statement or behavior that gives an employee reasonable cause to believe that the employee is at risk of injury. Any confirmed allegations of the above harassment(s) may result in discipline up to and including termination.

Bargaining Unit employees who feel that they have been subject to harassment or discrimination may file a complaint with the Human Resources Department.

The Human Resources Manager and the Committee Chairperson will investigate all complaints promptly within two (2) working days from the date the complaint was filed. In certain cases, the Woman's Advocate may be included in the investigation. The employee will be notified of the determination in writing upon conclusion of the investigation. Should an employee be dissatisfied with the resolution, the complaint may be addressed in the grievance procedure at step 3.

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

Complaints of alleged harassment by members of the

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bargaining unit will confidentiality.

ARTICLE 11 -GENDER

11.01

ARTICLE 12- SENIORITY

12.01 Seniority shall be the the employee's most be applicable in recall as provided for irj . ·

12.02

12.03 A seniority list will required. The seniority name and date of hire. be hired on the same day, list will be determined in Employees' Social Insurance with current practice.

12.04 Seniority will be established and maintained. wide basis.

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employment and seniority of an employee shall be for proper cause included but not limited to

the following reasons:

employee quits or retires; employee is discharged for proper cause and reinstated pursuant to the provisions of the

and/or arbitration procedures

the employee fails to return within five (5) . consecutive working days after a layoff after ~:WirlttE~n notice to report for work is provided to the

employee's address on record; ,,The employee gives false information on the , employment application (within twelve months of .,application), a false reason for obtaining a leave

.v absence, false information during an is gainfully employed elsewhere

period of any leave of absence, or fails to work upon the termination of any

of absence; the employee is laid off for a continuous period equal to the seniority he/she had acquired at the

. time of such layoff but no longer than 36 months; · If. he/she accepts another employment while on

leave of absence, except with the express permission of the Company.

Employees shall notify the Company's Human Resource Department in writing of their proper address and phone number or any change of name, phone number or address. The Company shall be entitled to rely upon the last known address and phone number shown in the Human Resources Department records.

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ARTICLE 13- JOB POSTING

13.01 In the event that new job opportunities arise within the bargaining unit, the Company shall post a notice of such opportunity for a period of three (3) working days to allow seniority employees to apply for such opportunities. The posting will list the qualifications, shift, and number of opening(s). Interested employees are to submit an Application for Job Opportunity form to the Human Resources Department within the time specified on the notice. If a bid is cancelled a posted notice will notify Employees. Should the employee apply for more than one job opening at the same time, the employee should indicate their job preference on the application form.

13.02

13.03

13.04

13.05

13.06

Team Lead and Maintenance Technician positions will be awarded based upon skill and ability. When skill and ability are relatively equal, the Senior Employee will be awarded the position.

Material handler positions shall be awarded by seniority provided the employee has satisfactorily completed the lift truck certification and safety program. The Company will make voluntary Lift Truck training available during non-working hours twice per year. Employees will not be paid for time spent on this training.

All Operator vacancies will be awarded by seniority. Employees in the Operator classification will be assigned to "Teams." Employees on a team work at the various duties performed by the Team on a rotational basis.

If no one applies for an opportunity, the Company may at its discretion fill the vacancy with a new hire or the least senior qualified employee in the Plant.

The selected employee will be notified as soon as possible. Should the position result in a change in the

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13.07

13.08

13.10

13.11

13.12

13.13

hourly rate of pay the hour1y rate of pay will be adjusted upon the date of transfer to the new assignment, or ten (10) working days from the date they are awarded the position, whichever occurs first.

Once placed in the new classification, the Employee will have a ten (10) working day familiarization period to demonstrate the ability to satisfactorily perform the job. During these ten (1 0) working days the Employee will be provided instruction to become familiar with the job. This period may be extended by mutual agreement. In the case the Employee is not retained in the job by the Company, the Employee will be returned to their former classification and shift, seniority permitting.

Employees may only successfully apply for two postings in any 12 month period, unless the opportunity is a promotional opportunity, the employee would be allowed to apply for such opening. An employee will not be eligible to post for a position within the same classification.

An Employee may voluntarily elect to give up their rights to the job within 10 days of the position being awarded. In doing so, they will forfeit their right to bid on that same classification for a period of six (6} months.

The rate of pay for an Employee transferring under this section will be at the same step of progression for the new classification as to the classification from which they are transferring from.

No Employee displaced and/or laid off from their original classification will have recall rights to that classification after twelve (12} months.

Temporacy Job Postings - In the event of a vacancy expected to exceed (forty five) 45 calendar days the Company will post such Temporary vacancy. When the temporary vacancy ends, the Employee will be returned

21

13.14

13.15

13.16

to their previous job and shift, seniority permitting.

Temporary Transfers Employees may be temporarily assigned to other jobs due to customer schedules and absences. When such temporary assignments are required, employees will be paid their regular rate of pay or the temporarily assigned position, whichever is greater. Temporary assignments exceeding five (5) working days will be afforded to the most senior employee that is capable of pertorming the job. If all other senior employee(s) deny the opportunity, the least senior employee capable of pertorming the job will be transferred to the temporary assignment.

The Chairperson will be provided with a copy of all job postings.

Should the employer create any new job classifications, the Plant chairperson will be notified before determining the rate of pay and classification.

The Union will have five (5) working days to dispute the rate of pay assigned to the new classification. If at the expiration of the five (5) working days no formal dispute has been filed, the rate established shall be permanent. If the Company and the Union cannot mutually agree to the rate within five (5) working days, the issue will be resolved through the Grievance procedure commencing at Step 3.

If the new rate is changed as a result of the Union filing a dispute, the new rate agreed upon shall be applied retroactively to the. date it was initially established.

13.17 Transfers Outside of Bargaining Unit

If any Employee on the seniority list is temporarily transferred or appointed to a position outside of the bargaining unit by the Company for a period of sixty (60) calendar days or less, and then is transferred back to a

22

. . . .

13.18

13.19

13.20

13.21

13.22

··. . .... ,.. ..

position which is covered by this agreement, the Employee will return to their shift and classification without loss of seniority. If this period exceeds sixty (60) calendar days, the returning Employee will have no right to their previous job or shift and will forteit their seniority.

Temporary Part-time Employees

{See Letter of Understanding]

In the event no seniority employee applies for a job posting, the Company can fill the immediate vacancy by offering it to a probationary employee in order of hiring dates. In the event there are no probationary Employees available or able to fill the vacancy, then the Company can hire from outside. However, should the Company not fill the vacancy within the first sixty (60) calendar days of the posting, it will be deemed to be a new job vacancy, and will be posted in accordance with the job posting procedure. The employer will not be eligible to post for a position within the same classification

When a junior employee is awarded a job posting, the most senior unsuccessful applicant challenging the decision will be provided with written reasons why they were not awarded the position.

Employees who will be absent for thirty (30) days or less, will have the option of notifying the Union Committee in writing prior to the commencement of such absence, of their desire to bid on a vacancy, should such vacancy occur during their absence.

The Company and the Union recognize the potential problem of employees who have been incapacitated as a result of injury or disease and undertake to make their best efforts as required by law to provide work for such employees as may be available, subject regard to the

23

seniority provisions of the Agreement, the employee's seniority being applicable to a

ARTICLE 14- LAYOFF & RECALL

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

This provision will not apply where the reduction in force is due to a labour dispute, government requirements, fire, flood, power failure, water failure, inclement weather or other matters beyond the Company's reasonable control. This provision shall also not apply where the Company receives less than 24 hours notice from its customer(s) that it does not require the Company to operate.

14.02 A list of affected employees shall be provided in writing to the Chairperson.

14.03 Reduction of Workforce- Temporary A temporary layoff applies when reductions do not exceed five (5) working days.

Layoffs under this section will be by seniority in the classification, line and shift affected.

14.03 Reduction of Workforce- Short Term

14.04

A short-term layoff applies when reductions are greater than five (5) days but do not exceed ten (10) working days.

layoffs under this section will be by seniority in the classification affected.

Reduction of Workforce - Long Term When the Company determines that a reduction in the workforce in excess of 10 working days is necessary.

24

Employees will be laid off from the affected classifications affected in reverse order of seniority, provided the remaining employees have the necessary skill and abilities to perform the work. Where all things are relatively equal, the senior employee will be retained.

14.05 Employees in interchangeable classifications will not be able to displace employees in non-interchangeable classifications unless they have previously demonstrated the ability to perform the duties of that classification satisfactorily.

Temporary employees will be the first to be removed from the plant followed by probationary Employees, This is not intended, however, to allow the displacement of probationary Employees in skilled classifications by seniority Employees in interchangeable classifications, or other unrelated non-interchangeable classifications.

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

14.07 Employees will be allowed to bump into classifications provided that they are able to perform the work available. Management will allow for employees to be afforded a five (5} day familiarization period provided the employee has never worked in the classification previously.

14.08 Employees who exercise their right to bump into another classification due to a reduction in the work force will be paid at the rate of pay of the classification to which they are transferred.

Any employee who exercises their seniority to bump into another classification or is transferred to another classification due to a reduction in the work force will be

25

'"·- ..;~. ..,.~·

'·~-~~~ \;<' .;·,, ..

. . ~.,

returned to their previous classification as· the work load if such requirement occu~s · ' (12) months. After twelve (12) months, the""'""'"'"';,. be posted.

ARTICLE 15- LEAVE OF ABSENCES

15.01 Personal Leave - Upon completion and at least one week's notice, (except in cases of emergency), the Company may grant a leave of absence without pay to an employee for compelling reasons that are acceptable to the Company. A seniority employee requesting a leave of absence shall do so in writing at least two (2) weeks prior to the commencement of the requested leave, except in cases of emergency. The Company will respond to such a request in writing within one (1) week. The Company will provide the Union with a copy of the leave of absence authorization form. The Company shall determine the need for and the length of leaves of absence based upon the circumstances surrounding the employee's situation and the prevailing conditions of the Company. In no case will a leave of absence request be granted for more than 30 calendar days. When supported by good reason, the Company may grant an extension to the original leave of absence for not more than 30 calendar days. Upon expiration of such leave of absence, the employee shall return to their classification in accordance with seniority. Employees are expected to exhaust all vacation time prior to such leave being approved.

15.02 Pregnancy/Parental Leave Pregnancy/Parental Leave of absence will be available to any employee in accordance with the Employment Standards Act.

Employees going on a pregnancy leave must submit a doctor's statement as soon as possible, indicating the expected date of birth. Pregnant employees may continue working up to the expected date of birth

providing the employee can satisfactorily perform her duties.

Male and female Employees are eligible for Parental Leave in accordance with the provisions of the Employment Standards Act.

15.03 Bereavement Leave - When a death occurs in an employee's immediate family (current spouse, child/step, parent/step, mother-in-law, father-in-law, brother/sister step, grandparents, and grandchildren), a seniority employee will be granted bereavement leave with pay for three (3) consecutive working days. Should bereavement occur during a plant recognized holiday, the employee will be allowed · to extend such bereavement leave by one day, such that bereavement pay is equal to 3 days pay. When a death occurs of a sister/brother in-law, current son or daughter-in-law or current spouse's grandparent, the employee will be granted one (1) day bereavement with pay. Eligibility to receive such entitlement, the employee must provide documentation of such death.

Bereavement pay will not be paid in addition to any other type of allowable pay for the same day(s), such as holiday, vacation pay, short term disability or any other days that would have been used when not performing work for the Company.

Additional unpaid time off or Leaves of Absences may be considered by the Company.

15.04 Jury Duty- An employee with seniority is called to and reports for jury duty, or is called to testify as a subpoenaed witness, shall be paid the difference between the pay received for such duty or testimony and their regular eight (8) hour rate for such lost time. Employee must provide Human Resources with documentation showing such report for duty. Employees are expected to notify their supervisor as

•• 1~ i'

15.05

15.06

soon as they receive such request for duty.

Union Leave of Absence- Upon written request of the Employer by the Union at least one (1) week prior to the requested leave, the Employer will grant a leave of absence without pay and without loss of seniority of an employee acting as a representative of the Union in connection with other Union activities. Any member of the bargaining unit that is granted a union leave of absence without pay will be credited with the lost hours for vacation purposes as though they were at work. Such leaves will be restricted to a maximum of two employees.

The Employer will grant a leave of absence to any employee to serve in a full time position with the National or Local Union. Such leave of absence shall be requested by the Union, in writing, and shall be for a period of up to three (3) years and may be extended upon request from year to year thereafter. In the event the return from such leave, the employee shall return to the job from which he/she was granted leave, seniority permitting. Seniority will accumulate during such leave. The Employer shall not be required to continue health care benefits during such leave.

Public Office Leave of Absence - An employee with seniority, elected or appointed to a full time federal, provincial, or local public office, will receive a leave of absence without pay or benefits for the period of his/her first term of active service in such public office. Additional leaves of absence for service in such office may be granted at the option of management written application by the employee.

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

28

15.07

15.08

during the period of such leave of absence.

Incarceration Leave -The Employer will grant a leave of absence to any employee who is convicted under the provisions of the Highway Traffic Act (Ontario) relating to offences arising out of the operation of a motor vehicle (the same to include driving a motor vehicle while intoxicated) if the employee is sentenced or charged to a term of imprisonment of not more than one hundred and eighty (180) days. Such leave of absence shall be unpaid. An employee can only utilize the provisions of this Article once during the period of their employment.

Paid Education Leave - The Company agrees to pay into a special fund three cents (0.03) per employee for all compensated hours for the purposes of providing paid education leave. Such paid education leave will be for the purpose of upgrading the employee's skills in all aspects of Trade Union functions. Such monies to be paid on a quarterly basis into a trust fund established by the National Union, CAW and sent by the Company to the National Office at 205 Placer Court, Willowdale, Ontario M2H 3H9.

ARTICLE 16- WAGES

16.01 Rate of Pay

Wages shall be on the basis set forth in the schedule on wage rates attached hereto and marked Appendix "A".

16.02 Payday

Employees will be paid every Thursday. Each employee's pay will be deposited to their individual accounts at the bank of their choice. Each employee will receive a statement of his or her earnings and deductions every Thursday. Each employee will be

29

16.03

paid one week in arrear.

The only deductions made from employee's pay will be those required by law and authorized by the Employees themselves.

All attempts will be made to ensure no errors are made during the processing of weekly hours, however, in the event of a Company error, correction will be made on the following pay, unless the mistake is for $50.00 or more. In this case a cheque will be processed within 48 hours of the shortage being brought to the attention of the Company.

ARTICLE 17- OVERTIME

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

17.02 An employee shall receive payment at the rate of time and one half (1112) his/her equivalent hourly rate for hours worked in excess of eight (8) hours in a day.

An employee shall receive payment at the rate of time and one half (1112) his/her equivalent hourly rate for all hours worked on Saturday. This will not apply for hours worked on a Saturday during a regular shift that begins on the preceding Friday.

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

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

30

will be charged overtime on the basis of hours worked or offered.

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

All overtime hours will be zeroed as of January 1" each year. If an employee is absent from work for any reason, he/she will be charged for all overtime as if he/she would have been offered.

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

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

17.06 The Company shall give forty-eight (48) hours posted

31

:)

17.07

17.08

17.09

17.10

advance notice to the employees of scheduled overtime work, where possible.

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

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

There will be no pyramiding of any premium pay.

If an employee is requested to work more than two (2) hours overtime, there shall be a ten (1 0) minute rest period at the end of his/her regular shift.

ARTICLE 18- SHIFT PREMIUM

18.01 If an employee works on an alternate shift other than the day shift, the employee will be paid an off shift premium of fifty cents ($0.50) per hour for actual hours worked during the afternoon shift and sixty· cents ($0.60) per hour for actual hours worked during the midnight shift. Such premium shali not be included in the hourly rate for the calculation of overtime.

ARTICLE 19- CALL IN PAY

19.01 Any employee who has completed his/her shift and has clocked out and is then asked to work overtime shall receive a minimum of four (4) hours pay at overtime rates for such additional work in their classification. Employees who wish never to be called in may leave a written note with the Company indicating so.

32

ARTICLE 20- REPORTING PAY

20.o1 Where an employee is scheduled for work and reports for work on his/her regularly scheduled shift without being notified in advance thereof that he/she would not be needed he/she shall receive a minimum of four (4) hours pay at his/her applicable rate. If requested by the Employer, an employee shall perform a minimum of four (4) hours of such work as the employer may assign in their classification.

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

20.03

20.04

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

This Article does not apply if the employee is sent home as a result of an act of God.

ARTICLE 21 - EMPLOYEE CALL-IN PROCEDURE

21.01 The Company will provide the employees a toll free number to report absences. All employees are required to report unscheduled absence(s) as soon as possible but no later than 30 minutes from the scheduled shift start time.

ARTICLE 22- TIME STUDY

22.01 Time studies will be performed by the Company and be utilized as a basis for establishing Company productivity standards. The Company will utilize a variety of time study tools commonly used in industry including but not limited to MODAPPS. Such studies will be done on the

33

...... ...... .... ~ .. :-·_,' ,·..,'

'. -~.:·.

.: ~ .. '

".

day shift and by qualified time study people. All time studies done in conjunction with setting standards or improving standards and all data pertaining to standards or improved standards will be made available to the Chairman. Any disputes shall be resolved through discussion between the Engineering Manager and the Chairperson. Where a resolution cannot be obtained, the Plant Manager shall be required to mediate the discussion and provide a ruling. The Plant Manager's ruling will be final.

ARTICLE 23 HOLIDAYS

Holidays, during the length of the agreement are as follows:

New Years Day Good Friday Victoria Day Canada Day Labour Day Thanksgiving Christmas Eve Christmas Boxing Day Christmas Holiday Christmas Holiday New Years Eve

34

January 1, 2008 March 21, 2008 May 19,2008 July 1, 2008 September 1, 2008 October 13, 2008 December 24, 2008 December 25, 2008 December 26, 2008 December 29, 2008 December 30, 2008 December 31, 2008

23.03

23.04

23.05

23.06

have worked the full scheduled shift.

Employee's laid-off in a reduction of the work force during the work week prior to or during the week in which the holiday falls, shall receive pay for such provided that they would otherwise qualify, and provided they work their last scheduled work day.

When a holiday, specified herein, falls within an eligible employee's approved vacation period, and they are absent from work during their regular scheduled work week because of such vacation, shall receive an extra day off for each holiday and they shall be paid for such holiday.

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

If there is a customer scheduled shutdown beginning on the day before a scheduled holiday the employee shall be eligible for pay for that holiday.

ARTICLE 24- VACATION SCHEDULE AND VACATION PAY

24.01 Employees earn vacation according to the following schedule:

YEARS OF SERVICE VACATION ENTITLEMENT

less than 1 8 hours per month up to 80 hours; 4% of emolovee's vear's earninas ororated

1 but less than 5 80 hours; 4% of employee's year's earnings

5 or more 120 hours; 6% of employee's year's earnings

The vacation year will run from January 1" through December 31

36

. I

24.02

24.03

24.04

24.05

24.06

24.07

24.08

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

Vacation shall not be accumulated from year to year.

In the event the employer decides to have a complete or partial vacation shutdown, all eligible employees will take their vacation at that time. The employer will post

notice of shutdown by May 1st of each year.

An employee cannot be forced to use more than two (2) weeks of vacation during vacation shutdown.

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

Employees must submit vacation requests prior to April

15th of each year. If turned in by April 15th vacation request will be granted based on seniority within each classification.

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

24.09 Any vacation requests after April 15" will be on a first carne, first serve basis.

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

37

24.11

24.12

24.13

24.14

24.15

manner.

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

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

If one of the paid holidays specified in this agreement is observed by the company on a normal working day {Monday through Friday) during an employee's vacation, he/she shall be entitled to an extra day of paid vacation, which shall be added to the beginning or end of his/her vacation period, at the discretion of the employee. In the event of normally scheduled customer shutdown this day will be assigned at the beginning or end of the vacation period.

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

ARTICLE 25- SUBSTANCE ABUSE

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

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

38

25.03 The Company will continue to provide group insurance benefits while the employee is under a medically prescribed course of treatment.

ARTICLE 26- HEALTH & SAFETY

26.01

26.02

26.03

26.04

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

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

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

The parties agree to establish a health and safety committee comprised as follows: two (2) members representing workers selected by the Union and two (2) members representing management selected by the Company.

The health and safety committee will have co­chairpersons. One selected for representing workers and another representing management. The co­chairperson representing workers will be granted reasonable necessary time to attend his/her health and safety duties.

During any absences of the Union co-chairperson, the Company will recognize the alternate Union co­chairperson, who will be appointed by the Union. The alternate must be a member of the Joint Health and Safety Committee. The Company will within a reasonable time arrange for necessary training for the co-chairpersons to be certified members.

The Health and Safety Committee will ensure

39

,.

'·.

' ··~~~ . •. t.

26.05

26.06

compliance with all pertinent health and safety legislation.

Duties of the Health & Safety Committee:

0 Meet once a month to review health and safety matters, such as health and safety training requirements/conducted, plant injuries, health and safety concerns, as well as discuss continuous improvement ideas .

. D Participate in Monthly plant safety walks/corrective action(s)

D Participate in Monthly safety talk program D Participate in Plant meetings to review Health and

Safety Metrics and corrective actions The Co-chairperson and alternate Co-chair person committee members representing each party will complete certification training. The Company will ensure compliance with all duties and responsibilities required for certified member(s) under the Occupational Health and Safety Act. In addition, the Joint Health and Safety Committee will also receive all injury and accident reports in a timely fashion. As defined in the Occupational Health and Safety Act, an hourly certified member will investigate without undue delay all critical injuries and situations involving a dangerous circumstance with the affected Employee (if possible) in conjunction with the Human Resources Manager and the immediate Shift Supervisor. A copy of such report will also be provided to the Joint Health and Safety Committee

Modified Work Program - the Company and the Union are dedicated to finding suitable work for employees after an in-plant injury/illness. Should medical documentation provide that an employee be placed in modified work, the parties must work together to return the employee back to modified work as soon as possible, in accordance with the requirements of the Workplace Safety and Insurance Act and the Human

40

,l

Rights Code, to establish a safe and early return to work plan. Should an employee not be able to work within their job as a result of medical restrictions, the employee may be placed in another job within their medical restrictions. The goal is to return employees back to work as soon as possible and to find suitable work for them during their rehabilitation.

26.07 Lockout Program

(a) Both parties recognize the need for a lockout procedure.

(b) Employees who may be at risk because they are required to set up or to repair or maintain machinery, equipment or systems where lockout is required, shall receive appropriate lockout training.

(c) The Company shall provide each authorized employee with all equipment to ensure the proper and safe lockout of equipment to be repaired or serviced.

(d) No employee shall remove another person's lock unless the procedures in the specified Lockout Work Instruction for lock removal are strictly followed.

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

26.09 National Union Health and Safety Staff shall have access to the workplace provided reasonable advance notice and purpose for the visit is given to management.

26.1 0 The Company recognizes that health and safety risks may be posed by heat stress. The Joint Health and Safety Committee will develop a procedure for dealing with heat stress. Extra breaks, water, etc. all things will be considered.

41

26.11 The Company agrees to pay all training costs and hourly wages for Joint Health and Safety Committee and Emergency Response Team members for CPR and First Aid training courses.

ARTICLE 27- GROUP INSURANCE\HEALTH AND WELFARE INSURANCE\LIFE\A.D.&D. AND WEEKLY INDEMNITY

27.01

27.02

27.02

The employer will provide the following benefits to all eligible seniority employees and their eligible dependents. The cost of the benefits below, to the extent allowable under the plan, including any and all premiums shall be paid one hundred percent (100%) by the employer unless other otherwise stated. The benefits set out in this article and the eligibility for such benefits shall not be changed or modified during the life of this Agreement except by the mutual agreement of the union and the employer, or to reflect legislative changes.

The term eligible dependents is to include employee's spouse, all dependents to the age of 21 or 25 if still attending full time school (proof of schooling is to be provided) and to any age if physically or mentally handicapped.

Health Insurance- A Comprehensive health plan will be offered including the following benefits. Effective July 1, 2008, administration of the health plan will be through Green Shield Canada. If a carrier change is needed in the future, the Company will notify the union to reach a mutual agreement.

1 . Prescription Plan .,., -a) $2 co-pay with drug card.

b) $8 dispensing fee cap in 2008. $9 dispensing fee cap in 2009 and 2010; $10 dispensing fee

42

cap in 2011. c) Mandatory generic.

2. Semi-Private Hospital Coverage - Maximum of $210 per day.

3. Paramedical Services - Maximum of $350 per year combined Defined as services of a Registered Chiropractor, Registered Massage Therapist, Osteopath, Podiatrist or Chiropodist.

4. Extended Health Plan (includes Out of Province Emergency and Travel Assistance Benefits) -See below.

5. Vision Coverage - $200 per person per 24 months. (Prescription eye glasses and contacts. Eye exams are excluded.)

6. Out of Providence Coverage - Green Shield

Deluxe Travel Plan OK (60 days per trip,

$1,000,000 maximum per covered person per

calendar year). Refer to the Green Shield

employee benefit booklet for details of the plan.

7. Dental- one (1) year lag O.D.A. schedule,

a) Annual maximum of $1 ,500.00 per covered person annually

b) Major services- fifty percent (50%).

c) Orthodontic services fifty percent (50%) to a maximum of $2,200.00 per covered person per lifetime

The specifics of each item will be outlined in a plan document and provided by the employer, in connection

43

with the carrier.

The benefits in this Article are payable by the employer to the extent not otherwise paid by Ontario Health Insurance Plan (OHIP).

Benefits listed below. will continue to be administered by Sun Life

27.03 Life Insurance coverage for the employee of one and one-half (1.5) times the employee's annualized base rate.

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

27.05

27.06

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

Weekly Indemnity Insurance is payable up to a maximum of 66.67% of weekly base wage.

Coverage will be as follows:

Accidents

Admission to hospital Sickness Duration

Payable 1st day

Payable 1st day Payable 7th day Maximum of 26 Weeks

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

a) The Workers' Compensation Act, Workplace

44 ,. ..,.,, ":: .... ·

. I

Safety and Insurance Act or other similar legislation.

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

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

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

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

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

.. '{ ..

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

(2) If agreement is not reached at such meeting, the Union may present a Grievance as

45

•• M

. (·

{.

:)

.. ' .

27.08

described in the Grievance Procedure of the collective agreement and such grievance shall be discussed within five (5) working days from the date the grievance was submitted to the Company; unless it is mutually agreed to extend the period.

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

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

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

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

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

Extended Disability Benefits Plan with the following provisions:

a) Benefit levels under the Plan shall be up to a maximum of 60% of weekly base wage.

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27.09

27.10

b) Eligible for benefits upon exhaustion of Weekly Indemnity benefits or the cessation or reduction of W.C.B. benefits.

c) Benefits under the Plan shall run no longer than for five (5) years following the first day of disability.

d) "Disability" for the purposes of the Plan shall be defined as totally disabled from the employee's own occupation for the waiting period (26 weeks) and the next one (1) year of disability; from then on to the end of eligibility, totally disabled from any occupation for which the employee is reasonably fitted by education, training or experience.

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

a) Up to two (2) years seniority - one (1) month following the month employment is interrupted.

b) Two (2) years and over- two (2) months following the month employment is interrupted.

Employees returning from layoff who have been removed from the active benefit listings shall be reinstated to all benefits on the first of the month prior to their return to active employment.

If an employee is receiving weekly indemnity, workers'

compensation or extended disability benefits, he/she

and his/her eligible dependents will be covered for all

benefits listed in Article 28 for the duration of the period

for which such benefits are received.

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ARTICLE 28 - NEW EMPLOYEE ORIENTATION

28.01 The Company agrees to invite a Committee Member to new hire orientation to familiarize new employees with the terms of the Collective Labour Agreement, union security and dues check off. Participation in such orientation shall not result in overtime payment.

ARTICLE 29 - HOURS OF WORK

29.01 Hours of operation are defined in accordance with Customer demands. Shift hours may change at any time as a result of customer demands. Employees will be notified as soon as possible of such changes should the need arise.

29.02

29.03

Current shift hours are as follows:

Shift A- 11:30 p.m. -7:30a.m. Shift B - 7:30 a.m. 3:30 p.m. Shift C - 3:30 p.m. 11 :30 p.m.

Shift rotation the Day and Afternoon shifts will rotate shift schedules every two weeks. Midnight shift will be a steady shift.

Three shift /Continuous Operation: break and lunch schedule - employees will be provided two ten (10} minutes breaks per shift; one prior to lunch and one after lunch and one 20 minute paid lunch. The Company and the Union recognize the importance of an employee hand-off with a three shift continuous operation. Employees are expected to remain on their work station until relieved by the next shift employee.

Employees on a two shift operation will be given a thirty (30} minute unpaid lunch break with two ten (10) minute breaks.

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29.04

29.05

Customer requirements or other business circumstances may require that the breaks and/or lunch period be moved or modified. We hope these circumstances will be infrequent, and we will provide as much notice as possible.

If customer requirements were to dictate a two shift operation, the employee would be provided with two ten (1 O) minutes breaks per shift and one thirty (30} minutes unpaid lunch. Shift hours would be communicated at such time. The shift rotation as defined in section 30.02 would continue.

ARTICLE 30 - TECHNOLOGICAL CHANGE

30.01

30.02

30.03

30.04

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

Advance Notice In the event of a technological change as defined above, the Company will give the Union as much written notice as reasonably possible.

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

New Positions A new position created as a result of a technological

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30.05

30.06

30.07

change will be posted in accordance with the job posting article.

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

An employee displaced from his job as a result of a technological change will have the right to displace a junior employee pursuant to layoff/recall language of the Collective Agreement.

In the event an employee displaced as a result of technological change is not able to perform the work of any junior employee, he/she will be given training on a position held by a junior employee.

Protection of Bargaining Unit Jobs No job currently performed by a bargaining unit member will be reclassified as a non-bargaining unit job directly as a result of technological change.

Grievance Procedure A dispute with respect to the interpretation or application of this Article may be the subject matter of a grievance procedure of the Collective Agreement.

ARTICLE 31 -CONTINUING EDUCATION

31.01 Employees with one (1) or more years of seniority, who desire to further their education may make an application to the Human Resources Department to go on a steady shift for the length of such education at an accredited community college or university.

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Approval for such change shall be conditional on the following:

(i) Thirty (30) calendar days prior notice in writing stating: course name, educational facility, starting date and duration of course;

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

(iii) The employee finds someone with whom to switch shifts who is in the same classification, performing similar work, and who is willing and able;

(iv) No more than five (5) employees will be allowed to exercise the above clause at the same time;

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

The employee must be required to attend school at least one (1) day per week to be eligible for this arrangement.

Tuition Fees and Books The Company recognizes the importance of continuing education, and encourages employees to participate and investigate job-related furtherance of those skills. Employees are invited to approach management regarding courses of this nature at an accredited community college or university. All requests shall be considered and will not be unreasonably denied. Programs approved will be reimbursed by the Company, to include all necessary books and tuition fees, upon successful completion. It is understood and agreed that reimbursement for any employee pursuant

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to this Article will not exceed $250.00 per course nor will it exceed $500.00 in any one (1) calendar year. It is understood that this provision is not applicable to CPR and to First Aid training courses.

ARTICLE 32- INJURY ALLOWANCE

32.01 An employee injured on the job shall be paid for the balance of his/her shift on which the injury occurred if as a result of such injury, the employee is sent home by the Company or is sent to an outside hospital and a doctor at such hospital or the employee's own doctor certifies that the employee not return to work.

The company will provide transportation for such injured employee.

ARTICLE 33 -BULLETIN BOARDS

33.01 The Company will provide one bulletin board in the Plant for the posting of union notices.

The Union will not allow any inappropriate postings. A copy of the posting(s) will be provided to Human Resources prior to posting.

ARTICLE 34 - LOCKERS

34.01 The company agrees to provide lockers to all employees. Such lockers shall be assigned and placed in designated areas by the employer.

ARTICLE 35 -COPIES OF THE CONTRACT

35.01 The Company agrees to provide every employee with a copy of the collective agreement and the Union with

52

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additional 50 pocket size copies of the Collective Agreement within three (3) months after text approval. The Collective Agreement is to be printed in a Union Shop.

ARTICLE 36- STRIKES OR LOCKOUTS

36.01 During the life of this agreement, there shall be no work stoppages or interruptions, strikes (including Sympathy Strikes) slowdowns or sick-outs, or impeding of work of any kind of nature. The words "strike" or "lockour shall be as defined in the labour Relations Act of Ontario.

36.02 No officer, or representative of the Union, shall authorize, instigate, and/or condone any such activity as referred to above. No Employee shall participate in any such activity. In the event any Employee or group of Employees covered by this agreement participate in any such unauthorized activity, the Union agrees that upon notification from the Company of such occurrence, it will direct such Employee or group of Employees to resume normal work activity and will take effective means to terminate the unauthorized conduct. If the activity does not terminate, the Union (including both the Local and National) shall not be liable to the Company for any and all damages resulting from the unauthorized activity from its inception.

36.03 Any Employee who violates the terms of this article shall be subject to disciplinary action up to and including discharge.

36.04 Claims of unfair treatment of any Employee by the Company under this section shall be subject to the grievance procedure.

36.05 The Company agrees that there will be no lockout during the term of this agreement.

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ARTICLE 37- SOCIAL JUSTICE

37.01 The Company agrees to pay one thousand dollars ($1 ,000.00) to the CAW Social Justice Fund. The Fund is a registered non-profit charity which contributes to Canadian and International non-partisan, non­governmental relief and development organizations. Such monies are to be paid into the fund established by its Board of Directors and sent by the Company to the following address: CAW - Social Justice Fund, 205 Placer Court, Willowdale, Ontario, M2H 3H9.

ARTICLE 38- DURATION

38.01 This Agreement shall take effect on the 21" day of March, 2008 ("Effective Date") and continue until the 21m day of March.2011, and thereafter for successive periods of one (1) year unless either party shall, on or

before the ninetieth (9oth) day prior to expiration, serve a written notice on the other party stating a desire to terminate, modity, or change this Agreement. Such notice shall be hand delivered or sent by registered mail to the other party. A notice of desire to modity or change this Agreement shall have the effect of terminating the entire Agreement on its expiration date unless mutually extended by the parties in writing.

Either party shall be entitled to give notice in writing to the other party as provided in the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring Collective Agreement at any time within a period of ninety (90) days before the expiry date of the Agreement. Following such notice to bargain, the parties shall meet within fifteen (15) days of the notice or within such further period as the parties mutually agree upon.

It is agreed that during the course of bargaining, it shall be open to the parties to agree in writing to extend this

54

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Agreement beyond the expiry date of the 21st day of March, 2011 for any stated period acceptable to the parties and in accordance with the Labour Relations Act.

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

The parties reserve the right to add to or modity their proposals during negotiations. Provided that for purposes of all notices under this article, notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mail addressed to the current address of the other party.

ARTICLE 39 - PENSION PLAN-

39.01 Establish a non-contributory defined Group RASP Plan for bargaining unit members. The employer will contribute $0.50 to the RASP plan for each compensated hour (straight time hours only) on behalf of each full time employee with at least twenty-four (24) months seniority, starting in year 3 of the agreement (March 2010).

Compensated hours shall include: paid leaves of

absences; disability leaves of absences approved

under the weekly indemnity plan and WSIB at a rate of

forty (40) hours per week or pro-rated to regularly

weekly hours; and pregnancy, parental and family

emergency leaves as per legislative requirements.

Such contributions shall be paid into the Plan within the

time limits specified in Applicable Pension Laws.

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Subject to Applicable Pension Laws, the liability of a

Participating Company at any time is limited to such

contributions as should have theretofore been made

by it in accordance with Applicable Pension Laws.

The defined contribution plan will provide for 1 00%

vesting after two (2) years of service. No cash

withdrawals shall be permitted (except where the

commuted value of the total annual pension is less than

two percent (2%) of YMPE or in cases of financial

hardship or shortened life expectancy as per the Ontario Pension Benefits Act.)

The Employer shall make arrangements with Sun Life

or another financial institution to establish a defined

contribution pension plan, including applicable

participant options separate from any employer funds

and to obtain services to assist in the daily

administration of the plan.

Such contributions will be deposited in the investment

options as directed by the participant.

Plan members shall receive account statements no less than annually.

ARTICLE 40 - GENERAL

40.01 Moments of Observance Employees will be allowed to observe one minute of silence each April 28"' at lunch in recognition of National

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40.02

Day of Mourning for those workers who have died as the result of a work place accident.

Employees will be allowed to observe one minute of silence each November 11"' at 11 :OOam to honour and remember the veterans of the Great Wars.

Employees will be allowed to observe one minute of

silence each December sth at lunch in recognition of the problems with violence against women.

Protective Equipment Each Employee will be provided with the appropriate Personal Protective Equipment required to perform his or her regular duties safely, as follows:

1. Employees are required to come to work prepared to work. This includes having with them the provided PPE. Employees will not change or modify the PPE provided.

2. When PPE becomes worn, it is the responsibility of the Employee to advise their Supervisor, or have it replaced.

3. In the event that an Employee's PPE becomes lost or left at home, it will be the responsibility of the Employee to advise their Supervisor. The PPE will be replaced immediately, however there will be a replacement cost charged to the Employee. This will be handled through payroll deduction. In the case of safety shoes, Employees will be sent home to get their shoes for which the lost time will not be paid.

40.03 Violence Against Women

The Company and the Union agree that when there is adequate verification from a recognized professional (e.g. doctor, lawyer or professional counselor), a

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woman who is in an abusive or violent personal situation will not be subjected to discipline without giving full consideration to the facts in each individual case and the circumstances surrounding the incident otherwise supportive of discipline. This statement of intent is subject to a standard of good faith on the part of the Company, Union and affected Employee(s) and will not be utilized by the Union or Employee(s) to subvert the application of otherwise appropriate disciplinary measures.

ARTICLE 41 -WAGES AND CLASSIFICATIONS

41.01 Job Classifications and Full Pay Rates:

Job Mar21, Mar21, Sept21, Mar21, Sept 21, Classification 2008 2009 2009 2010 2010

Assembler 13.00 13.50 14.00 14.50 15.00 Material Handler 13.00 13.50 14.00 14.50 15.00 Team Leader 13.50 14.00 14.50 15.00 15.50 Maintenance 27.50 27.50 27.50 27.50 27.50 ~cllnician

41.02 New Hire Wage Progression

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

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

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41.03

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Retroactive Payment

Employees will be eligible to receive a retroactive wage payment from September 30, 2007. The payment will be made based an the number of regularly scheduled work days the individual worked between September 30 and the date the new wage adjustment goes into effective. The total lump sum amount for each employee will be capped at $2,000.00. The payout shall be divided in two with the first payment being made on the next pay date following ratification and the second payment being made in the pay period closest to 12 months following the first payment. The payment will be minus applicable taxes.

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MEMORANDUM OF UNDERSTANDING

RE: PERSONAL PROTECTIVE EQUIPMENT

Safety Glasses The Company will provide you with a pair of safety glasses. When an employee turns in this pair of safety glasses to be replaced due to wear, a new pair of safety glasses will be issued. The employee will be charged $10.00 for a pair of safety glasses when the employee does not turn in the old pair.

If an employee requires prescription safety glasses, the Company will furnish select safety glasses for the employee to choose from at a preferred vendor, every two years. Any costs above the standard company selected prescription safety glasses are the employees' responsibility. If the standard lenses or frames are damaged as a result of an on-the-job incident they will be replaced upon approval of management.

Safety Shoes For 2008, the Company will pay eighty dollars ($80.00) towards the purchase of CSA approved safety shoes. This payment will be made within two (2) weeks of ratification and reimbursement will be made via payroll. Effective January 1, 2009 this amount will increase to eighty five ($85.00) and effective January 1, 2010, up to ninety dollars ($90.00) towards the purchase of CSA approved safety shoes. Employees will be required to provide proof of purchase (a receipt) and reimbursement will be made via payroll.

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MEMORANDUM OF UNDERSTANDING

AE: CONTINUOUS IMPROVEMENT

During negotiations both parties discussed the importance of maintaining a competitive position and continuously improving our processes at the Windsor Plant. The Company and the Union recognize the importance of employees having the ability to participate in suggesting ways to improve processes at the Plant. Increasing plant efficiencies eliminates unnecessary costs and enhances our competitive position. The parties have agreed the Company and/or the Customer will provide lean workshops and kaizen events for all Windsor employees to participate in. The Plant Leadership team along with the Union Committee will discuss implementation of such initiatives.

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MEMORANDUM OF UNDERSTANDING

RE: PREFERENTIAL HIRE

The Employer agrees to give preference to applicants who are indefinitely laid off CAW Local 444 members when hiring new employees on condition that the candidate possesses the skill, ability, and qualifications to perform the required work and successfully complete the employer hiring protocol. Second preference will be given to other CAW applicants on these same conditions.

MEMORANDUM OF UNDERSTANDING

RE: HOURS OF WORK-PRODUCTION EMPLOYEES

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

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

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MEMORANDUM OF UNDERSTANDING

RE: HOURS OF WORK- SKILLED TRADES

This letter will confirm the understanding reached between the Company and the Union. The Union agrees on behalf of all bargaining unit employees that every employee may voluntarily perform work in excess of the limits established in the Employment Standards Act 2000 (the "Acf') of eight (B) hours in a day and forty-eight (48) hours in a week. Upon the request of the Company, employees may worl< up to a maximum of seventy-two (72) hours in a week. The letter of Understanding is only intended to facilitate the Company's application for an excess hours approval from the Director of Employment Standards to worl< excess hours as a result of recent amendments to the Act.

As outlined in the Act, an employee's Union may revoke this agreement two weeks after giving notice to the employer; and the employer may revoke this agreement after giving reasonable notice to the employee's Union.

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MEMORANDUM OF UNDERSTANDING

RE: REGARDING SUPPLEMENTAL WORKFORCE

The parties agree to utilize a temporary workforce for legitimate business reasons such as, to backfill absences planned (vacations/leaves, etc.) or unplanned (unscheduled call-offs), andfor customer demand.

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

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

TPT employees will only be eligible for time and one half (1112) their hourly rate of pay for work on Saturday, Sunday and holidays or more than eight (B) hours in any day.

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

A TPT employee shall not accumulate time toward fulfillment of the probationary period while employed as a TPT. A TPT employee hired as a regular full time employee will be considered a new employee and subject to all terms and conditions of the Collective Bargaining Agreement. TPT employees have no priority for any full time positions.

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

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

Any TPT employees must be at least 1 8 years of age and be enrolled in high school, college, or university on a full time basis.

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

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

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

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MEMORANDUM OF UNDERSTANDING

RE: EMPLOYEERECORDS

The Company will wipe out any outstanding counseling's, written or verbal warnings from the discipline records of current employees as of the date of ratification.

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MEMORANDUM OF UNDERSTANDING

RE: LOCAL CONDITIONS

In recognition of local labour standards the parties have agreed

to the following additional items:

1. Vacation: Employees with three years service but less then five will receive 1 00 hours of vacation entitlement at 5% of the employee's years earnings.

2. Local Wage Adjustment: During 2007-2008 Collective Bargaining, the Company and the Union had extensive discussions regarding local area wage conditions, standards and practices. In this regard, the parties agree that all wage rates in the Assembler, Material Handler and Team Leader classifications will be increased by $2.00 per hour, in each time period and each of these classifications in recognition of these local area wage trends.

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MEMORANDUM OF UNDERSTANDING

RE: MAINTENANCE TECHNICIANS

During 2007-2008 Collective Bargaining the parties discussed the

rates of pay for employees in the maintenance tech classification.

In recognition of these wages, the union confirms that in those

instances when a Maintenance Technician requires assistance in

troubleshooting and repairing the automation controls or the I.T. Systems, such assistance will be provided by the Engineering

Lead person on each operating shift.

As well, the Company and the Union discussed the fact that the

wages being paid to Dakkota Maintenance Technicians are higher

than those of other area AT sub-assemblers. Accordingly, the

parties have agreed to the wage of $27.50 per hour for the

duration of the collective agreement. However, Maintenance

Technicians employed by the Company on the dates listed below

will also receive the following lump sum tool allowance payments:

1) March 21, 2009;

2) March 21, 2010:

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$1000.00

$1000.00

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MEMORANDUM OF UNDERSTANDING

RE: SENIORITY DATE

The parties agree during negotiations that new hires are employees of the Company whether hired through a temporary agency or through the Company for seniority date purposes and the collective agreement applies.

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MEMORANDUM OF UNDERSTANDING

RE: JOB OPPORTUNITY

During 2007-2006 collective bargaining the Company an_d the Union had discussions regarding the fact that employees 1n the operator classification cannot post for vacancies in the operator classification and the fact that the Company recognizes that certain employees may have preference for teams within the operator classifications. Following ratificati~n the Company and the Union will meet to discuss ways m which employee preferences for teams can be addressed without limiting the ability of the Company to operate efficiently.

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MEMORANDUM OF UNDERSTANDING

RE: PLANT CHAIRPERSON

During the 2007-2008 collective bargaining, the parties had

extensive discussion about the issues facing manufacturing

businesses and current trends in the automotive sector. In

consideration for the Company agreeing to the union

representation language prescribed in Article 5 of the collective

agreement, the union agrees that the roll of Union Chair at

Dakkota will be the representation of employees in the bargaining

unit and such other duties as may be assigned by the Company

that will contribute to improved productivity and efficiencies with

the Company. It is also understood that the Plant Chairperson will

work closely with the Company to be proactive in representing

solutions to continuous quality improvement and support the

business performance model referring to SQDCM and issues

causing the business not be competitive in the market place.

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MEMORANDUM OF SETTLEMENT

Disposing all matters in issue between Dakkota Integrated

Systems, Windsor, Ontario National Automobile Aerospace

Transportation and General Workers Union of Canada and its

C.A.W. Local 444.

The undersigned representatives of the parties approve of the

attached settlement. Local 444, Windsor unanimously agree to

recommend acceptance of the agreement by their members, and

once ratified, such ratification shall be acknowledged by formal

letter to the Company.

All monetary and benefit changes shall be effective following

ratification and on the dates stipulated in the agreement.

Dated in this 19" day of March, 2008.

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