collective agreement between: agropur, division natrel and milk … · 2016-07-14 · manager(s)...

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BETWEEN: COLLECTIVE AGREEMENT AGROPUR, DIVISION NATREL (Hereinafter referred to as the "Employer") AND MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED EMPLOYEES, LOCAL UNION NO. 647, affiliated with the International Brotherhood of Teamsters (hereinafter referred to as the "Union"), in the province of Ontario, but excluding North Western Area, Canada, LOCAL UNION NO. 647, CONTRACT TERM: April1, 2015 to March 31, 2020 1

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Page 1: COLLECTIVE AGREEMENT BETWEEN: AGROPUR, DIVISION NATREL AND MILK … · 2016-07-14 · Manager(s) has this authority, and only after ensuring a substitute process can be put in place

BETWEEN:

COLLECTIVE AGREEMENT

AGROPUR, DIVISION NATREL (Hereinafter referred to as the "Employer")

AND

MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED EMPLOYEES, LOCAL UNION NO. 647, affiliated with the International Brotherhood of Teamsters (hereinafter referred to as the "Union"), in the province of Ontario, but excluding North Western Area, Canada, LOCAL UNION NO. 647,

CONTRACT TERM: April1, 2015 to March 31, 2020

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TABLE OF CONTENTS

ARTICLE

1 2 3

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

PAGE

RECOGNITION 3 HEALTH AND SAFETY 4 RELATIONSHIP AND DEDUCTION OF UNION DUES AND INITIATION FEE 4 MANAGEMENT RIGHTS 5 REPRESENTATION 5 GRIEVANCE PROCEDURE 6 ARBITRATION 8 SPECIAL GRIEVANCES 8 DISCHARGE AND DISCIPLINE CASES 9 NO STRIKE- NO LOCKOUTS ETC. 10 SENIORITY 10 LEAVE OF ABSENCE 20 HOURS OF WORK 21 DESIGNATED HOLIDAYS 26 VACATIONS 29 RATES OF PAY 32 EMPLOYEE BENEFITS 32 SICKNESS PAY 34 PENSION PLAN 35 SEVERANCE PAY 35 COST OF LIVING ALLOWANCE 36 GENERAL 36 DURATION OF AGREEMENT 39 SCHEDULE "A"- RATES OF PAY 41 SCHEDULE "B"- NEW HIRE RATES OF PAY 42 SCHEDULE "C"- APPRENTICESHIP 43 SCHEDULE "D"- STATIONARY ENGINEERS 45 WORK SCHEDULE LETTER OF UNDERSTANDING #1 46 LETTER OF UNDERSTANDING #2 47 LETTER OF UNDERSTANDING #3 48 LETTER OF UNDERSTANDING #4 49 LETTER OF INTERPRETATION (OVERTIME) 51 SENIORITY LIST 52 KEY CONTACT LIST 53

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BETWEEN:

WITNESSETH:

COLLECTIVE AGREEMENT

AGROPUR, DIVISION NATREL (Hereinafter referred to as the "Employer")

AND

MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED EMPLOYEES, in the province of Ontario, but excluding North Western Area, Canada, LOCAL UNION NO. 647, affiliated with the International Brotherhood of Teamsters (hereinafter referred to as the "Union")

CONTRACT TERM: April1, 2015 to March 31, 2020

It is the desire of the parties to this Agreement to establish, promote and foster a good relationship that will be enduring and of mutual benefit to both the Union and the Employer. The Employer and Union agree that the location covered by this Collective Agreement should be a workplace of mutual respect. Both parties will work together to promote such an environment.

It is the essence of this Agreement that there shall be a maximum of co-operation and of help from the employees of the Employer to obtain all possible business and expand the operation of the Employer and the parties hereto pledges their full support and co-operation in this regard.

The Employer and the Union recognize and understand the importance of product quality and integrity. It is our mutual desire to produce a product for the consumer and our customers that exceeds all expectations and allows Agropur Division Natrel to continue to grow within the dairy industry as a leader in the field.

ARTICLE 1 - RECOGNITION

1.01 The Employer agrees to recognize the Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, in the province of Ontario, but excluding the North Western Area, Canada, Local Union No. 647, affiliated with the International Brotherhood of Teamsters as the sole collective bargaining agency for all employees of the Toronto, Ontario District, at the Don Mills Branch Plant and any other operation within Metropolitan Toronto, save and except:

a) Plant protection employees, office staff, chief engineers, foremen, milk route foremen, those above the rank of foreman and milk route foreman, territory salesman, and persons covered by subsisting Collective Agreements.

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ARTICLE 2- HEALTH AND SAFETY

2.01 The Employer and the Union recognize their mutual obligations and responsibilities under the Occupational Health and Safety Act of Ontario. Efforts will be made by the parties to ensure a "safety first attitude" to make safety a core value and will work diligently to exact these principles.

2.02 The Employer recognizes the fundamental right of workers to refuse unsafe or dangerous work without reprisal.

2.03 The Employer and the Union agree to cooperate and support the activities of the Joint Health and Safety Committee.

2.04 No employee, whether hourly or management, shall bypass or render inactive a safety mechanism on equipment or vehicle. Only the Senior Location Manager(s) has this authority, and only after ensuring a substitute process can be put in place which guarantees employee safety. In the event this must occur it shall be performed by qualified technicians only and done consistent with all legal requirements and shall provide the worker with equal or greater protection. This will be reviewed with a worker representative from the Joint Health and Safety Committee prior to the equipment being cleared for use.

2.05 The Employer will provide up-to-date training to ensure all work is completed without compromising the health and physical integrity of all employees. All workers shall receive adequate health and safety training or certification before being asked or allowed to work on any equipment, vehicle or job.

ARTICLE 3 - RELATIONSHIP AND DEDUCTION OF UNION DUES AND INITIATION FEES

3.01 All present employees in the bargaining unit who have acquired seniority shall become and remain members in good standing of the Union during the lifetime of this Agreement as a condition of employment, and all persons who may hereafter become employees in the bargaining unit shall immediately upon the expiration of their probationary period become and remain members in good standing of the Union during the lifetime of this Agreement as a condition of employment.

3.02 Permanent employees shall be required to have the initiation fee and the regular monthly Union dues and delinquent dues deducted from their first pay for each month they work or portion thereof.

The initiation fee shall be paid no longer than sixty (60) calendar days from the date of hire. The employee shall sign their authorization card at the time of hire. The Union shall inform the Employer of the amounts of dues and initiation fees.

3.03 The total amount so deducted will be forwarded by cheque to the Secretary-Treasurer of the Union on or before the twenty-fifth (25th) day of the month for which the deductions were made with a list of names of employees from whom the deduction of dues and/or initiation fee was made.

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3.04 The Union will save the Employer harmless from any and all claims which may be made against the Employer by employees for amounts deducted in accordance with 3.02 above.

3.05 The Employer will show the total amount of Union dues deducted on each employee's T-4 slip when issued.

3.06 The Union and/or the employees covered by this Agreement will not engage in Union activities during working hours or hold meetings at any time on the premises of the Employer without the permission of the Plant Manager or their designates, except as expressly provided for in this Agreement. The Union agrees that before a Union Steward leaves work to conduct Union business they must first obtain permission from their Supervisor.

The Employer agrees that such permission will not be withheld unreasonably and the Union agrees that such privilege will not be abused.

3.07 All employees hired for a temporary period shall be advised of the temporary nature of the job and a copy of such advice shall be supplied to the Union. The Employer further agrees to inform all new employees who are covered by this Agreement (including those hired to fill temporary vacancies caused by illness; emergency or any other cause and those hired for the summer vacation period) that full Union membership is a condition of employment after sixty (60) calendar days have elapsed from the date of hiring however Union dues shall be deducted from day one. The Employer undertakes to inform the Departmental Steward whenever a new employee is hired. The Chief Steward shall be informed in writing whenever a new employee is hired.

3.08 Consistent with the express terms of the Collective Agreement, employees shall suffer no loss of earnings attending meetings with Management in the grievance procedure or in labour-management meetings. It is understood that the Employer's liability for payment, in accordance with this article, shall not extend beyond the Departmental Steward at Step I of the grievance procedure, the Departmental Steward, the Grievor and the Chief Steward at Step 2 of the grievance procedure, and the Chief Steward and stewards at labour-management meetings.

ARTICLE 4- MANAGEMENT RIGHTS

4.01 The management of the Employer's operation and the selection and direction of employees is the exclusive function of the Employer except where

this Agreement expressly abridges this right.

ARTICLE 5- REPRESENTATION

5.01 The Union through its members shall have the right to elect or appoint a Steward Committee which shall consist of 7 stewards excluding the Chief Steward.

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In order to be eligible to be a steward, an employee must have at least twelve (12) months seniority with the Employer. The number of stewards may be altered by agreement between the parties.

5.02 It shall be the steward's duty to represent eligible employees under the terms of this Agreement on any matter properly arising out of this Agreement and to co-operate with the Employer in the administration of this Agreement

5.03 The Union shall notify the Employer in writing of the names and jurisdiction of each of the members of the Steward Committee and the Employer shall not be required to recognize any such steward until it has been notified by the Union Business Representative of the name and jurisdiction of same.

5.04 The Union shall have the right to select a Negotiating Committee consisting of the Chief Steward and seven (7) members of the bargaining unit who must have at least twelve (12) months' seniority with the Employer. It shall be the Negotiating Committee's function to meet with the Employer to negotiate the renewal of this Agreement Members of the Negotiating Committee shall receive a normal work day's pay exclusive of overtime for attendance at negotiation meetings with the Employer up to and including conciliation.

5.05 Representatives of the Union shall be allowed access to the Employer premises for the purpose of contacting stewards or investigating any matters pertaining to the provisions of this Agreement upon notifying the Senior Location Manager(s) or their designate(s).

ARTICLE 6- GRIEVANCE PROCEDURE

6.01 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. None of the time limits noted below limit the Employer from making best efforts to address and answer grievances as soon as possible. The following time limits are based on the date a response or grievance is given to the Steward/Department Management - not the date of the document The recipient must sign and date in acknowledgement it was received.

6.02 No grievance shall be considered where the circumstances g1v1ng rise to it occurred or originated more than seven calendar days before the filing of the grievance. However, in matters in respect of the computation of pay or determination of hours worked or in the event that an employee is sick or on vacation, they may grieve within seven calendar days of becoming aware of the error of computation or hours of work determination or on their return to work.

6.03 Wherever under this article, or under article headed "Arbitration", time is provided for the doing of any act or thing, such time shall be exclusive of Designated Holidays.

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6.04 STEP 1 If an employee feels they have a complaint they will discuss the issue with their immediate Supervisor who will attempt to resolve the issue within seven calendar days. If the immediate Supervisor's decision is not satisfactory, the matter may be lodged by or on behalf of the employee as a grievance in the following manner.

STEP 2 The employee may refer the grievance to the departmental steward who will present it in writing to the Departmental Management, within seven calendar days following the receipt of the immediate Supervisor's decision. The Departmental Manager, if they consider it necessary, shall be allowed a period of time not exceeding 21 calendar days from receiving the grievance to consider and investigate the matter and give their answer in writing. It is the mutual desire of the parties that the aggrieved employee be present at this step, if they so desire. Should the Department Manager fail to respond within the timeline noted above the grievance shall be allowed on a without prejudice and precedent basis. Similarly, should the Union fail to submit the grievance within the time frame noted above, the grievance will be considered withdrawn on a without prejudice or precedent basis.

STEP 3 If the written answer of the Departmental Manager is not satisfactory, the written grievance shall be presented by the Chief Steward and the Departmental Steward to the Senior Location Manager(s) or their designate within 21 calendar days from the date of the second step response for discussion at a future third step meeting. At such meeting the Chief Steward and the Departmental Steward may be accompanied by a representative of the Union if their presence is requested by either party. Should the Union fail to notify the Employer of their intention to refer a grievance to the third step, the grievance will be considered abandoned on a without prejudice or precedent basis. Similarly, should the Employer fail to respond in writing following the third step meeting within 21 calendar days, the grievance will be allowed on a without prejudice or precedent basis.

However, the parties agree to continue the practice of answering third step grievances at the third step meeting where practical.

6.05 Any step of the grievance procedure may be waived by mutual agreement in writing between the Employer and the Union.

6.06 Decisions arrived at between the Employer and the Union on the disposition of any specific grievance shall be final and binding upon the Employer and the Union.

6.07 If final settlement of the grievance is not completed under Step 3, the grievance may be referred by either party to a Sole Arbitrator as provided in Article 7 at any time within 21 calendar days after the decision is given under Step 3. In the event that the Union has not responded within this period of 21 calendar days the grievance will be considered abandoned on a without prejudice or precedent basis.

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ARTICLE 7- ARBITRATION

7.01 Both parties to this Agreement agree that any dispute or grievance concerning the interpretation or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance procedure outlined in Article 5 above, and which has not been settled, will be referred to a Sole Arbitrator, at the request of either of the parties hereto.

7.02 Should the Employer and the Union fail to agree on an arbitrator within five (5) days they may apply to the Ontario Ministry of Labour for an appointment of an arbitrator.

7.03 The decision of the Arbitrator constituted in the above manner shall be binding on both parties.

7.04 The Sole Arbitrator shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Where an Arbitrator determines that an employee has been discharged or otherwise disciplined by the Employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the Arbitrator may substitute such other penalty for the discharge or discipline as to the arbitration board seems just and reasonable in all circumstances.

7.05 Each of the parties to this Agreement will bear the expenses of the Arbitrator appointed.

7.06 No person shall be selected as arbitrator who has been directly involved m attempts to negotiate or settle the grievance.

7.07 Time limits fixed in this Article may be extended by mutual agreement in writing between the Employer and the Union.

ARTICLE 8- SPECIAL GRIEVANCES

8.01 If the Employer has a grievance it shall be taken up in writing with the Steward Committee and processed according to the terms of the grievance procedure commencing with Step 3.

8.02 If the Union has a grievance, which cannot reasonably be processed as an individual employee grievance, it shall be processed beginning at Step 3 of the grievance procedure.

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ARTICLE 9- DISCHARGE AND DISCIPLINE CASES

9.01 In the event of an employee who has attained seniority being discharged from employment and the employee feeling that an injustice has been done, the case may be taken up as a grievance.

9.02 All such cases shall be taken up within three (3) days and disposed of within seven (7) days of the date the employee is notified of this discharge, except where a case is taken to arbitration. A claim by an employee who has attained seniority, that they have been unjustly discharged from their employment shall be treated as a grievance if a written statement of such grievance is lodged with the Senior Location Manager(s) or their designate, or the appropriate person referred to in Step 3 of Section 6.04 within three (3) days after the employee ceases to work for the Employer.

All the preliminary steps of the grievance procedure prior to Step 3 will be omitted in such case.

9.03 A claim by an employee who has attained seniority that they have been unjustly suspended or demoted shall be treated as a grievance if a written statement of such grievance is lodged with the appropriate manager in Step 2 of Section 6.04 after the employee is suspended or demoted. All steps of the grievance procedure prior to Step 2 will be omitted in such case.

9.04 Such special grievances may be settled by confirming the management's action in dismissing the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties or the Sole Arbitrator.

9.05 When an employee has been discharged, they shall have the right to interview their steward for a reasonable period of time before leaving the plant premises. It is agreed that the Employer will notify the steward involved immediately of the dismissal of any employee within the bargaining unit and the reason given.

9.06 The Employer shall provide a Union Steward during disciplinary meetings. Any delays in imposing discipline due to the unavailability of a Steward will not result in the discipline being null and void.

9.07 The parties agree that employees will not be suspended without pay pending further investigation unless it is a serious form of misconduct.

9.08 If any employee is the subject of a disciplinary action all letters relating thereto shall be removed from the employee's file after a period of eighteen (18) months from the date of such action. Discipline shall be given within five (5) working days from the Employer becoming aware of and completing their investigation of the incident giving rise to the action taken. Any action taken can be subject to a grievance.

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ARTICLE 10- NO STRIKE- NO LOCKOUTS ETC.

10.01 In view of the orderly procedures established by this Agreement for the settling of disputes and the handling of grievances, the Union agrees that there shall not be any strike or picketing during the life of this Agreement. The Employer agrees that there shall be no lock-out during the life of this Agreement.

10.02 In the event of a legal strike, lockout or picket line of any Union it shall not be considered a violation of this Agreement for a member of the Union to refuse to cross the line.

ARTICLE 11 - SENIORITY

11.01 Seniority as referred to in this Agreement shall mean length of continuous service in the employ of the Employer within the bargaining unit.

11.02 a) In the event of the discontinuance of a position, work shortage, or shift change to a different shift (day shift, afternoon shift, night shift), the following steps will apply:

Step One - The senior affected employee shall exercise their seniority to claim the position of the most junior employee in the same classification on the same shift and within their department. In the event that the senior affected employee requires some familiarization, it will be provided up to five working days.

Step Two- If unable to claim this position, and in the event there is a vacancy within their department on the same shift (that has not been claimed/assigned by consideration bid or otherwise), they will be assigned this position and will be provided full training.

Step Three - If no such vacancy exists, the junior employee previously displaced shall exercise their seniority rights to claim the job of the most junior employee on their shift within their department, provided they possess the immediate qualifications and ability to perform the job being claimed. In the event they are unable to do so, they will be provided up to ten days training if required.

Step Four- If unable to claim this position then they shall claim the position of the most junior employee in their classification on a different shift provided they possess the immediate qualifications and ability to perform the job being claimed. In the event that some familiarization is required, it will be provided up to five working days.

Step Five - If unable to claim this position, and in the event that there is a vacancy within their department (that has not been claimed/assigned by consideration bid or otherwise), they will be assigned this position and will be provided full training.

Step Six- If no such vacancy exists, then they shall claim the job of the most junior employee in the bargaining unit to which they possess the immediate qualifications and ability to do the job without training.

Step Seven - If unable to claim the job of the most junior employee in the bargaining unit, they shall exercise their seniority to claim the job of the next senior employee in

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the job for which they immediately possess the necessary qualifications and ability (using seniority list, work from bottom) without training.

Step Eight - If unable to claim the job of any employee who is more junior to them in the bargaining unit because they do not immediately possess the necessary qualifications and ability, they shall be assigned the most junior job in the bargaining unit for which they possess the required qualifications, skills and ability to learn to do the job within a training period of up to ten (10) working days and be given said training. In the case of key man positions, training period shall be up to 15 days.

Step Nine - If the employee does not fulfill the job requirements within ten (1 0) working days (15 working days for key man positions) nor do they qualify for a position under any section of Article 11.02, they shall be laid off'.

b) If the employee subject to lay-off is unable to claim the job of the most junior employee in the bargaining unit, then:

i. They shall exercise their seniority to claim the job of the next senior employee in the job for which they immediately possess the necessary qualifications and ability, or

ii. If unable to claim the job of any employee who is more junior to them in the bargaining unit because they do not immediately possess the necessary qualifications and ability, they shall be assigned the most junior job in the bargaining unit for which they possess the required qualifications, skills and ability to learn to do the job within a training period of up to ten (10) working days and be given said training. In the case of Key Man positions, training period shall be up to 15 working days.

c) If the employee does not fulfill the job requirements within ten (10) working days (15 working days for key man positions) nor do they qualify for a position under any section of Article 11.02, they shall be laid off.

d) After application of the full job posting procedure contained in Article 11.08, employees who have the ability to perform the work available shall be recalled in order of seniority to the first available full-time permanent job and will assume the job as if they had bid.

e) i. Any regular, full-time employee who has been laid-off may register with

their Department Manager at the time of lay-off to indicate that they will be available for casual-work. All such casual work shall be assigned on a seniority basis provided the laid-off employee possesses the necessary immediate abilities, qualifications and skills to do the work.

ii. The employee must keep the Employer informed of their readiness to work and their current address and phone number in order to be contacted.

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iii. Such assignment of work shall not be considered to be recall under Article11.02 (d).

iv. In the event that a casual vacancy exceeds 60 calendar days, the Employer agrees to fill the position without bidding as if it were a recall situation using the re-employment list pending the return of the incumbent.

v. At the end of such casual work assignments, which include replacement for time off due to vacation, illness and compensation, notice of lay-off under Article 11.02 (g) shall not apply.

vi. In the event that a person works more than 60 calendar days on a number of consecutive casual vacancies, the Employer agrees to recognize the need for a full time position. Such positions will be filled by employing the full job posting procedure.

f) The Chief Steward and Departmental Steward will be informed of all lay-offs prior to them becoming effective.

g) The Employer shall, in the event it is necessary to lay-off permanent - not temporary employees, give to all employees with five (5) years of service or more ten (10) days' notice of layoff or ten (10) days' pay in lieu of notice and give to all other employees who have passed their probationary period five (5) days' notice of lay-off or five (5) days' pay in lieu of notice.

h) During a lay-off of twelve (12) months or less the Employer will continue to pay the premium cost of all insurance coverage detailed in Article 17, except for Group Sickness and Accident Insurance and Long Term Disability Insurance, up to the end of the month following the month of lay-off. At that time all insurance coverage will cease according to the terms and conditions of the master policy.

i) Should a laid-off employee be assigned casual work under Article 11.02(e) for more than five (5) days in any one twenty (20) working day period, they shall be covered for hospital medical and surgical insurance, OHIP, AD&D, life insurance, weekly indemnity, L TO, dental insurance and optical insurance from the sixth (6th) day of employment to the end of the month following the last day of employment, and designated holidays. Also, should an employee work 30 or more consecutive calendar days on casual work assignment(s), the employee shall be eligible for Sickness Pay in accordance with Article 18.

j) In the event that full time employees are laid off the Employer will meet with the Steward Committee to discuss training opportunities for the displaced laid off full time employees. All full time permanent employees who are laid off shall work and be scheduled (training or productive work) in their

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respective department before any Student or Part Time employee is utilized.

k) Should an employee who has been laid off choose to have their vacation accrual paid out, they will notify the Employer of their desire within 5 days of receiving notice of lay off.

11.03 A full time regular employee will be considered probationary for the first sixty (60) worked days and will have no seniority rights during that period. After this period their seniority shall date back to the day on which their employment began. Employees acquiring seniority on the same date shall be added to the appropriate seniority list in alphabetical order.

A probationary employee shall not have access to the grievance procedure with regard to their termination; unless it is alleged that the termination was arbitrary, discriminatory or in bad faith.

11.04 Seniority rights, and therefore employment with the Employer, shall cease for any one of the following reasons:

a) b)

c)

d)

e)

If an employee voluntarily terminates their employment; If an employee is discharged for cause and not subsequently reinstated through the grievance or arbitration procedure; If an employee is laid off, and not working, for a continuous period of twenty four (24) months or more; If an employee is absent from work without leave for more than two (2) consecutive work days unless there was reasonable justification for such absence. If an employee who is notified to return to work after layoff, fails to notify the Employer within five (5) days that they are intending to return to work, and does not return to work as soon as possible after receiving notice and, in any event, within eight (8) days after the mailing of such notice by registered mail to the last address given to the Employer by the employee.

11.05 Employees who have been laid-off due to lack of work and subsequently re-employed shall have their seniority accrue while on lay-off for up to twenty­four (24) months.

11.06 Seniority lists will be revised each six (6) months; a copy of the lists will be posted on the bulletin board, hereinafter provided for, and copies given to the Union and each steward. There shall be seniority lists for groups one and two and one and two combined.

11.07 In the event that a full time employee covered by this Agreement should be promoted to a temporary position beyond the scope of this Agreement including a position with the Union, they will not be allowed to accrue additional seniority during the leave. Their years of seniority will be frozen (at the start date of the new position) and junior members may pass them on the seniority list. The vacated job shall be posted as temporary posting as per Article 11.08 e). Their full wage rate,

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pension contributions, benefit plans will resume if returned to the bargaining unit. Their years of service will continue for vacation accrual purposes.

11.08 a)

b)

c)

d)

When a vacancy occurs in any position, or additional permanent staff is required in the bargaining unit, it shall be posted for three (3) working days, on the Employer's bulletin board in the group concerned, setting forth generally the facts and conditions in respect thereto and requesting bids therefore. Before the vacancy is posted, the Employer will discuss, with the Departmental Steward the relevant fact, i.e., rate of pay, job classification, starting time, days off, and shift premium. A copy of postings shall be given to the Chief Steward.

Any employee may make written application, in duplicate, to fill such vacancy; one copy of the application shall be filed with the Employer and the other with the Chief Steward. No application submitted after the expiry date and time shown on the notice will be considered, except that during the vacation period the names of employees who are on vacation will be reviewed and if their seniority warrants a delay in filling a position the vacancy will not be permanently filled until such employees have been notified in writing by the Employer and have had forty-eight (48) hours, if necessary, after their return to work in which to apply.

If no applications are received the Employer shall give consideration to those employees not ordinarily entitled to apply subject to Articles 11.08 (g).

The Employer will award the position to the applicant with the longest service if they either:

i. Are immediately qualified to fill the vacancy, or

ii. Possess the required qualifications, skills and ability to learn to do the job within a training period of up to ten (1 0) working days and be given that training.

iii. All efforts will be made to ensure that training will be held on consecutive working days. However, the parties agree that there may be instances where this is not possible due to things outside the control of the Employer such as, but not limited to, major equipment breakdown, water/power failure, or extreme weather. The Employer shall not intentionally schedule any interruptions to planned training. If an interruption occurs training will resume as soon as

possible and the time period will be extended for the applicable remaining consecutive working days.

The successful applicant shall be allowed to return to their former position at any time during the ten (1 0) day training period but will lose their bid rights for a period of 12 months. If an employee has bid for and been awarded a position and then declines the position prior to the start of

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training, they will lose their bid rights for a period of 4 months from the date of decline.

The successful applicant and the steward concerned will be notified not later than the fourth (4th) day following the posting, and the successful applicant will be assigned to their new position within ten (10) working days, except in the case of a Pasteurizer where they may be required to stay up to 30 working days.

e) In the event that an employee is awarded a temporary vacancy, the parties agree as follows:

i) If the original incumbent to the position returns to work (to the position that created the temporary vacancy) the employee in the temporary vacancy will bump as per article 11.02 a).

ii) In the event that the original incumbent to the position will not return to the position (retirement, death etc.) the employee awarded the temporary vacancy will be awarded the permanent post.

It is agreed that the Employer may temporarily fill a vacancy for a period of fifteen (15) days, or for a longer period of time when agreed to by the Employer and the Committee. The Employer will notify the appropriate Departmental Steward of any temporary filling of a vacancy during the fifteen ( 15) day period.

f) In no event shall more than three (3) postings be made as a result of one (1) vacancy. One successive vacancy created by the Employer filling the above group vacancies shall be filled at the discretion of management. Successive vacancies will be filled using our contractual recall provisions. If the successive vacancy is a day shift position, it will be reposted one

further time with the resulting vacancy being filled on consideration, recall from layoff or at the Employer's discretion. However, if the vacancy is filled by a day shift employee, this process will apply again.

g) An employee shall not be permitted to apply for vacancies unless they have obtained twelve (12) months seniority, and no employee who has been awarded a job shall be permitted to apply for or request a vacancy for a period of twelve (12) consecutive months, except in the event:

i. They are removed by the Employer from the job;

ii. The job is discontinued or notice of layoff has been provided;

iii. A shift change notice has been provided indicating an impending change of starting time of a shift other than of a temporary nature;

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h)

iv. If a position is available at the consideration step and no other employee with bidding rights applies. However, if this occurs the employee shall not be allowed to bid or request any other position, including consideration bids, for a consecutive 12 months.

In the event an employee successfully bids for a position, the Employer, subject to business conditions, will try to maintain the start time of the posted position. However, should it become necessary to change the original start time, and subsequently, within 12 months of the change, the Employer determines another position is required at the original start time, the employee shall be returned to this original start time. The Employer would then post the position with the other start time. The above would only apply if an employee had not successfully bid to another position.

11.09 The Employer agrees to discuss with the Committee the job opportunities available to any employee who is no longer able to perform their regular duties.

11.10 It is agreed that the onus of establishing the qualifications of employees referred to in sub-Articles 11.02 above shall be on the Employer.

11.11 Students and Part time employees

a) Student and Part-time employees shall be used to supplement the full-time work force. Student and Part-time employees work on an as required basis.

b) Student employees are those employees who are actively attending a recognized post-secondary educational institution (as defined by the Ministry of Colleges and Universities of any Canadian province or the Ontario College of Trades). Part time employees do not attend these educational institutions.

c) Student and Part Time employees shall have comparative seniority standing only among themselves but not vis-a-vis regular full time employees. There shall be a separate Student and Part Time departmental seniority list (combined with both Students and Part Time employees) for each of the Plant and Shipping/Storage Departments.

d) A Student and Part Time employee shall be considered a probationary employee for 680 hours worked and will have no seniority rights or access to grievance/arbitration procedure during that period. If the Student or Part Time employee is terminated during the probationary period, they shall not have access to the grievance procedure unless it is alleged that the termination was arbitrary, discriminatory or in bad faith. The Students and Part Time employees' seniority on completion of probation shall date back to the date of hire. In the event that a Student or Part Time employee is promoted to a full time position in a job in which they are fully qualified and/or trained to perform, the Employer will waive the full time probationary period. The burden of proof of establishing the qualifications or lack of qualifications of the employee shall rest with the Employer.

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e) The Students and Part Time employees shall be called in within order of seniority within the department. The Students and Part Time employees must keep the Employer informed of their readiness to work, and their current address and phone number in order to be called in. Student and Part Time employees will have the option to select open and available shifts (provided they are qualified) according to their seniority allowing them to choose morning, or afternoon, or night shifts all in the same week providing:

• There are no conflicts with the Employment Standards Act and hours of work; • There are no qualification impediments to filling the remaining shift(s) (i.e. the

Student or Part Time employee is the only Student or Part Time employee trained on another position necessary to be filled);

• Instances where the Student or Part Time employee is required to cover absent full time employees with sickness, float days, and/or vacation;

• There will be no resultant overtime incurred as a result.

f) In order to be called in for part time work during the school year, a Student employee must keep the Employer informed that they are willing to be called for such work or the Employer shall have no obligation to call them until the next summer.

g) Student and Part Time employee schedules shall be posted by 5:00 p.m. on Thursday in keeping with the full time employee schedule.

h) If changes are necessary to the Student and Part Time schedule, the Employer will provide a minimum of 24 hours' notice of such change, unless the Employee agrees to the schedule change with less than 24 hours' notice.

i) Student and Part Time employees shall pay dues and initiation fees as per Article 2.02.

j) Student and Part Time employees shall only receive the following benefits:

Statutory holidays as per Employment Standards Act in addition to the Civic Holiday;

Vacation time and Vacation pay as per Employment Standards Act;

For Student and Part Time employees, during the period of Labour Day to the 2nd

Sunday in May and excluding the week of Christmas, the week of New Years and the March Break, Student and Part Time employees will be permitted to take two weeks of vacation time (paid as per current practice). These requests shall be made in writing and shall be approved or declined within 14 days of receipt of the request. Should more than one Student or Part Time employee submit a request on the same day for the same week of vacation, the senior employee's request will be considered. A combined limit of two Student or Part Time employees per department will permitted off at one time.

Student and Part Time employees will be entitled to the same safety footwear entitlements as full time employees. Probationary Student and Part Time employees must purchase safety shoes, ensure that they retain their receipt, and will be reimbursed by the Employer after successful completion of their probationary period.

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The Employer will make best efforts to give Student and Part Time employees the same working days off when replacing full time employees on vacation or full week vacancies, provided the Employer can accommodate requests for preferential shifts on Saturday, or for granting Tuesday for Saturday, or for circumstances beyond the Employer's control. However, normal work must exist in the above vacancies to be applicable.

k) A Student and Part Time employee who wishes to become a permanent full time employee will be given consideration for any unfilled vacancy.

I) For the training of Student and Part Time employees, the Employer shall offer reasonable training opportunities to the relative seniority of Student and Part Time employees provided their availability, work record and aptitude allows them to perform the work required.

m) The Employer shall schedule Student and Part Time employees for shifts with a minimum of eight hours. However, there may be instances where four hour shifts are operationally required.

11.12 Student and Part time employees promoted to full time will have their full time seniority backdated to 50% of their original hire date as Student and Part time status. Such seniority calculation shall not exceed two (2) years or the original Student and Part Time date of hire.

11.13 It is understood that on a job postings in the Production, Shipping/Storage, and Maintenance & Service Departments the geographical location will be defined in keeping with the following areas:

Production, Shipping/Storage, and Maintenance & Service Departments

No Employee will be required to work outside the defined area except in the event of there being staff in excess of the crewing requirement or abnormal circumstances. If a Key man or Lead Hand is transferred to another area they will not be classified as a Key man or Lead Hand, but will receive their rate. The Key man or Lead Hand will not be assigned to perform supervisory duties and will have no disciplinary power. The Lead Hand shall perform multiple tasks across various classifications within the same department, with fixed shifts and days off as per the Collective Agreement and the current practice.

Student and Part Time employees must be adequately trained before replacing full time employees.

11 .14 Key man a)

i. The Key man-Relief shall bid to a posted shift time that may deviate up to two (2) hours. They generally will perform, but is not limited to, work of a relief nature for breaks, lunches and short term vacancies.

ii. Notice of shift change, if requested by the Employer, would be applicable.

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b) i. The Key man-Floater shall be assigned shifts by seniority to cover

vacancies such as vacations, illness, injuries, etc., in their assigned area unless there is insufficient work in their area. Upon being assigned a position, in accordance with seniority, the Key man Floater shall remain in that position until the conclusion of the assignment except in the case of long-term illness/injury.

In the event no assignments other than long term illness or injury coverage are available, the Key man-Floater will be assigned to such coverage until such time as another vacancy becomes available.

ii. Should a vacancy be anticipated to be 5 days or greater and after all departmental Key man-Floaters have been assigned as per Article 11.14 (b) (i), the senior qualified person in the Department may request the preferred shift. The request must be made to the Supervisor by Wednesday 12:00 midnight for a vacancy occurring in the following week. Article 13.02 of the Collective Agreement will not apply in this circumstance. In no event shall more than two moves occur as the result of the vacancy. Therefore, the resultant vacancy may be filled by students/part time employees. In addition, no employee may manually change the work schedule. This does not preclude an employee from discussing a scheduling concern with a supervisor for rectification.

iii. Notice of shift change, if requested by the Employer, would be applicable.

c) Keyman Floater assignments are scheduled weekly. If the Employer decides to cover an unplanned absence, the process to be followed shall be:

• Unassigned Keyman Floater on shift • Keyman Relief if practical • Keyman Utility • Student and Part Time employees • Overtime • Assigned Keyman Floater. If the assigned Keyman Floater is

used, the Employer will notify the Union of this and advise of compliance with this protocol.

d) Keyman Utility

• Shifts within the Keyman Utility group will be scheduled before students/part time employees.

• By Thursday, 5:00 p.m. will know of schedule for the following week.

• Days off will include Sundays and another weekday, unless covering an employee with different days off.

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• Shall only work 4 x 10 hour shifts when replacing an employee on such vacancy.

• Keyman Utility may work in different classifications or different start times on a 40 hour week and must be within the applicable ESA legislation.

• Keyman Utility shall not work outside their department. • Keyman Utility will generally perform, but are not limited to, work of

a relief nature that may cover float days, vacation, sick leave or for other operational reasons.

• Full Time status with benefits. • In the week of a Statutory Holiday not on a Sunday, the Keyman

Utility will only be scheduled for four shifts (or three if covering a 4 x 10 shift).

• The parties agree to limit Keyman Utility positions to a maximum of 15% of the total full time Production Department employees (excluding KMU's from the count) and 15% of the total full time Shipping & Storage Department employees (excluding KMU's from the count), in accordance with the language above. These positions will be posted and filled as per the Collective Agreement. Any additional positions posted will be via mutual consent between the parties. The parties agree that should there be opportunities within the Keyman Utility classification where hours and days of work may constitute a change to a different classification (i.e.: with steady shifts and days off) the parties will review twice annually these potential opportunities. It is not the intent of the Employer to use any current or new Keyman Utility positions to eliminate or reduce current bid jobs or circumvent classifications.

• The rate of pay will be the same as the Shipper and Filler Operator rate of pay.

• Tuesday for Saturday off (and Wednesday for Saturday off) schedules will be established prior to the scheduling of Keyman Utility positions.

ARTICLE 12- LEAVE OF ABSENCE

12.01 Bereavement Pay

In the case of the death of a spouse or child of a permanent full-time regular employee, the employee shall be granted up to a maximum of five (5) days leave of absence without loss of pay. A permanent full-time regular employee shall be granted three (3) days leave of absence without loss of pay for justifiable absence in case of death in the immediate family, i.e. parents, parents-in-law, brother, or sister; shall be granted two (2) day's leave of absence without loss of pay to attend the funeral of their grandparent, brother-in-law or sister-in-law; and shall be granted one (1) day leave of absence without loss of pay for the death of a grandchild. The Employer may provide an extended leave of absence without pay if requested.

12.02 Jurv Duty

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a) In the event a permanent full time employee is called to perform jury duty or subpoenaed by proper authorities to act as a witness the Employer will pay the difference between pay received by the employee and their regular pay.

b) The employee shall be required to report to work each day is not required to report at court.

c) Any regular full time employee called to serve as a juror the Employer will consider the employees work week to be Monday to Friday.

12.03 The Employer will grant leave of absence without pay for a period not to exceed ten (1 0) working days in any one calendar year to a maximum of two (2) delegates of the Union on two (2) weeks prior notice for the purpose of attending Union conventions provided that such absence is mutually agreed upon between the Employer and the Union.

12.04 Subject to operational requirements, the Employer may grant full time employees an unpaid leave of absence of up to six weeks provided at least two weeks of advance notice in writing has been provided to the Supervisor.

ARTICLE 13 - HOURS OF WORK

13.01 The following paragraphs are intended to define the normal hours of work.

a) The regular work week for the Production, Shipping/Storage, and Maintenance & Service Departments shall consist of five (5) days of eight (8) hours each for a total of forty (40) hours, except as provided for in Article 13.09 a) i). The work week shall be defined as Sunday to Saturday.

b) It is anticipated that starting times will continue as currently in effect for the duration of the Agreement. In the event that a change is required. It will be discussed by the Senior Location Manager(s) and the appropriate Union Steward in advance.

c) There will be no rotation of shifts except where rotation presently exists.

d) Shifts starting at or during the following periods are characterized as follows: • Day Shift- 4:00 a.m. to 10:59 a.m. • Afternoon Shift- 11:00 a.m. to 7:59 p.m. • Night Shift- 8:00 p.m. to 3:59 a.m.

e) Any regular shift starting after 20:00 hours will be considered the next days' shift (e.g. a shift starting on 21:00 hours on Monday is considered the Tuesday shift). This shall exclude Wash Up employees.

f) No employee will work two shifts occurring on the same day as per Article 13.02 d),

13.02 Shifts

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The Production, Shipping/Storage and Maintenance Departments shall post a finalized schedule on Thursday by 5:00 p.m. Once the schedule is finalized no changes will be made to the schedule. Copies of the finalized schedule and finalized Saturday schedule shall be provided to all Union Stewards. However, the Employer is permitted to change the schedule to address grievances dealing with scheduling errors.

It is the understanding that a) the deadline for requested changes for the following week continues to be Wednesday at 11:59 p.m. and b) the Tuesday for Saturday off deadlines in Production and Shipping remain as is presently (i.e. Shipping Department Tuesday at 11:59 p.m. and Production Department, Wednesday at 11 :59 p.m.)

Shift schedules will be posted seventy-two (72) hours in advance. A change in an employee's scheduled shift shall require seventy-two (72) hours' notice in writing or the time worked with less than seventy-two (72) hours' notice shall be paid at time and one-half (1 1/2). It is agreed that there will be no split shifts.

It is understood that one (1) notice will not cover more than one (1) change off the scheduled shift and back to the scheduled shift. Only one (1) notice will be given at any one (1) time, and a further notice will not be given until after the end of the complete change. Copies of all shift changes will be given to the Department Steward.

13.03 Lates

Employees may be penalized for lateness in reporting for work by deduction from pay for time not worked.

13.04 Failure to Report for Work

Should an employee fail to report to work on any scheduled work day, shall have deducted from their weekly wage a regular day's pay or eight (8) hours pay if on an hourly rate.

13.05 Rest Periods

a) Employees shall be given an unpaid 30 minute lunch period, not less than three (3) hours and not more than five (5) hours after their full- shift commences. It is agreed that employees shall be given a rest period of fifteen (15) minutes each half (1/2) day shift, not less than one and one-half (1 1/2) hours and not more than three (3) hours after the half (1/2) day shift commences, as arranged by department supervisors.

b) Employees shall be given an unpaid 30 minute lunch period, not less than three (3) hours and not more than five (5) hours after their full shift commences.

Each employee shall be granted a further rest period of fifteen (15) minutes at the commencement of overtime anticipated to be of two (2) or more hour's duration and subsequent to the regular shift. It is understood

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that no employee will be required to take a rest period and a lunch period at the same time. At least one (1) hour will be allowed between a rest period and lunch period.

13.06 Overtime

a) Except as herein noted all overtime work shall be voluntary. If the Employer is unable to fill its overtime work requirements on a voluntary basis, such work shall be assigned to qualified employees on an inverse seniority basis, starting with the junior qualified Student and Part Time employee(s) who is immediately available followed by the junior qualified full time employee(s) who is immediately available. This overtime can be assigned by the Employer on a daily basis to a maximum of 12 total hours (i.e. 8 regular/4 overtime or 10 regular/2 overtime) but not in excess of 48 hours in a week. Hours that are worked in excess of 48 hours in a week or shifts starting as per 13.06 c) ii) are on a voluntary basis only. The burden of proof of establishing the qualifications or lack of qualifications of employees shall rest with the Employer.

Employees wishing to remove themselves from the overtime list must notify their Department Manager in writing. However, if an employee wishes to add themselves back to the overtime list they must do so in writing to their Department Manager and Department Steward.

b) All hours worked between Midnight Saturday and Midnight Sunday shall be paid at the rate of double time.

c) Production, Shipping/Storage, and Maintenance & Service Department

i. Overtime will be paid for all hours worked in excess of eight (8) in a day or forty (40) in a week and will be paid for at an hourly rate determined by dividing the regular weekly rate by forty (40) plus one half (1/2). Overtime after ten (1 0) hours applies to those scheduled for ten (1 0) hours. In the case of an hourly rated employee, the overtime rate will be their regular rate plus one half (1/2).

In the event that an employee is required to work overtime hours, in excess of eight (8) consecutive hours for any reason, all resulting overtime hours in excess of the eight (8) overtime hours shall be paid at double the employee's contract rate.

ii. Night shift employees working on shifts starting between the hours of 8:00 p.m. and 3:00 a.m. shall not be required to work more than eight (8) hours, in any one (1) shift or ten (1 0) hours in any one shift, if scheduled for ten (1 0) hours.

iii. If an employee is required to work in excess of 13 consecutive hours for emergency situations, they will be granted 11 consecutive hours free from

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work prior to reporting on their next regular shift and will be paid for such time off next shift at regular straight time.

iv. Distribution of Unscheduled Overtime (4 hours or less)- If a shift of overtime is required on short notice due to unforeseen circumstances (e.g. employee absence) it will be filled in the following manner from employees who have met the conditions above:

1. Full time employees in the department, currently at work, who are immediately qualified to do the work with the highest seniority.

2. Full time employees in the department, not at work, who are qualified to do the work with the highest seniority.

3. The most junior employee in the department consistent with Article 13.06 a).

v. Distribution of Scheduled Overtime - Overtime which is scheduled in advance will be filled by first offering the overtime in order of seniority to those employees on the applicable shift who are able to cover the entire shift (e.g. an afternoon overtime shift will be first offered by order of seniority to those employees who regularly work the afternoon shift).

If unable to do so, employees will be offered the overtime by departmental seniority provided they are qualified and meet ESA hours' regulations.

d) The maximum hours an employee will be offered for an overtime shift on a statutory holiday are 12 hours. The shift will be filled with full time employees first. In the event that full time employees are not available then the shift(s) can be filled by Student and Part Time employees.

e) An employee will not be called in for overtime during their vacation. If overtime is available on the Sunday of the week of the employee's return, they will not be offered the overtime unless they have notified the Employer of their availability for that day.

f) An employee may not be called for overtime while off sick. If overtime has been scheduled while an employee is off sick, bumping will not be permitted upon their return to work. However, if overtime has not been scheduled and the employee has notified their Supervisor of their return to work date, the employee will be eligible for the applicable overtime.

g) If an employee is scheduled for overtime the Employer may only cancel such overtime by providing 72 hours' notice.

h) The Employer shall continue the practice of allowing employees to use seniority for shift or job preference when working overtime.

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13.07 No Pyramiding

Overtime and premium provisions of this section, except shift premiums, shall not be pyramided, but the highest single premium shall apply.

13.08 Call-Back Guarantee - Production. Shipping/Storage, and Maintenance & Service Departments

If an employee in the Production, Shipping/Storage, and Maintenance & Service Departments is called back to work after completing their regular days work or on their day off, they shall receive payment for the hours worked at the rate of time and one-half (1 1/2), with a minimum payment of four (4) hours at time and one-half (1 1/2).

13.09 Days Off

a) Production. Shipping/Storage. and Maintenance & Service Departments

i. Except as noted below, all employees in the Production, Shipping/Storage, and Maintenance & Service Departments shall have Sunday and Tuesday as normal days off.

Classification or Department Days Off I

Stock Room and Employees required to Saturday and Sunday work Tuesday to meet distribution and sanitation needs. Pasteurizer (Night) (two positions) Saturday and Sunday Milk Receivers and Graders On a scheduled rotating basis Keyman Relief (Rework) (one position) Saturdayand Sund<3Y_ Checker Return Products (two positions) Saturday and Sunday Stationary Engineers Third Class or See Appendix 0 Refrigeration Operator Class B Night Shift Shipping/Storage employees Sunday and Wednesday but Wednesday

may be rotated with Saturday and Monday in consecutive weeks.

Checker Outgoing Products (3 positions - Saturday and Sunday Merge) Checker Outgoing Products (1 position - Saturday and Sunday Unitizerl Shunters Sunday and Wednesday, up to two

positions with Saturday and Sunday off and up to one position with Sunday and Tuesday off.

Sanitation Specialist Thursday, Friday and Saturday Maintenance Employees with the Saturday and Sunday exception of Maintenance Mechanics Maintenance Mechanics and Electricians Sunday and Monday or Saturday on a

rotating basis Leadhand (Shipping RTS) Up to one position with Saturday and

Sunday off.

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Shipper (Rolling Racks) Up to four positions with Saturday and Sunday off.

Material Handler (Load Out) Saturday and Sunday Creamer Operators Saturday and Sunday Creamer Technicians Saturday and Sunday Wash Up (1 current position) Saturday night and Sunday night Wash Up (other current positions) Tuesday night and Sunday niQht

iL Article 13.09 a) ii) (Tuesday for Saturday Off). The Employer shall provide 15% of the full time Production employees and 15% of the full time Shipping employees to be granted Tuesday for Saturday off (if requested). For the purposes of the calculation, employees who have Saturday as a regular day off will not be included in the total number.

These requests are on an equal opportunity basis (or Wednesday for Night Shift Shipping/Storage and Storage employees and Shunters) to the extent that the qualifications of individual employees and the requirements for work on Tuesday (or Wednesday for Night Shift Shipping/Storage and Storage Employees and Shunters) permits.

Preference will be given on a seniority basis only when Tuesdays (or Wednesday for Night Shift Shipping/Storage and Storage Employees and Shunters) worked is equaL To the extent that qualifications of individual employee permit, the Employer will attempt to accommodate employees who request to move their shift forward on Saturdays preference will be given based on seniority.

iiL If an employee is called in on their day off, shall be paid at the rate of time and one-half (1 1/2).

iv. If an employee works either of their-days off in a week in which a statutory holiday falls, the employee may bank the equivalent of a days' regular pay for each overtime day worked. Overtime days banked must be taken before the end of the Collective Agreement year or they will be paid out

13.10 Temporary Transfers- Should any permanent full time regular employee, other than a Student and Part Time employee, perform work of a higher paid position, they shall be paid the higher rate in such positions. This higher rate shall be paid weekly.

ARTICLE 14- DESIGNATED HOLIDAYS

14.01 The following holidays will be recognized as Designated Holidays and will be appreciated by permanent full time regular employees as days off with full pay, consistent with the other provisions of this section:

New Year's Day Good Friday Victoria Day Canada Day

Civic Holiday Labour Day Thanksgiving Day Christmas Day

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Boxing Day

Four (4) Floating Holidays are to be granted on April 1st. the observance of which is to be determined by mutual agreement.

In the event the float days are scheduled and are subsequently cancelled, at the Employer request, the employee may elect for payment in lieu of rescheduling day(s), or, if the employee and Supervisor are unable to mutually agree on scheduling the float days, they shall be paid out. Payment for unscheduled float days shall only be made at the end of the collective agreement year.

The Employer will grant a minimum of three float days per day, per department (Shipping and Production only) provided the Employee has adhered to 14.01 b).

Floating Holidays

In connection with the Floating Holidays, it is understood and agreed as follows:

a)

b)

c)

d)

14.02 a)

b)

The Floating Holidays will be selected by mutual agreement of the employee and the Employer, e.g. added to their regular vacation, or their birthday, etc.

The employee is required to notify the Employer at least two (2) weeks in advance of their intention to take a Floating Holiday. If the Employer has not advised the employee to the contrary within seven (7) days of the request, the employee will have the day off requested.

After written notice has been given, the employee will only be able to cancel their request if the schedule has not yet been posted. Employees who have been granted a float day for Saturday will not be permitted to apply for or be granted Tuesday for Saturday off in the applicable week.

Float days requested for days during the period of April 1st to April 14th of each year must be submitted to the Supervisor on shift, using the Float OaK Request Form, 14 days prior to the date requested, between March 16t and March 31st of each year. Float day requests submitted on April 1st (using the Float Day Request Form) for days after April 14th, will be granted by seniority. After April 1st floating holidays shall be granted on a first come first served basis. However, if multiple requests are made on the same day, for the same date, they shall be granted by seniority.

Other than Stationary Engineers, Milk Receivers and Graders, no employees will be required to work on Christmas Day. The Employer will make every effort to curtail or eliminate the necessity to work on New Year's Day; however, the Employer reserves the right to schedule any employees for work on any holiday other than Christmas Day, if necessary to maintain essential production, maintenance and distribution.

Each employee shall be guaranteed one (1) designated Holiday off in addition to Christmas Day, by mutual agreement.

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14.03 Employees hired for part-time, temporary assignments, vacation period, and probationary employees shall not be eligible for any of the above named Designated Holidays unless required by the provisions of the Employment Standards Act. Laid off full time employees assigned to Student and Part Time work shall be eligible for designated holidays.

14.04 For the purpose of this Section a regular day's pay shall mean:

a) one fifth (1/5th) of the regular weekly rate as it applies to a regular five (5) day work week;

b) In the case of hourly rated employees, eight (8) hours at the regular hourly rate of pay.

14.05 Any of the above holidays falling on a regular scheduled work day, and not worked shall count as a full day of eight (8) hours, or ten (1 0) hours, whichever is applicable, for the computation of overtime in the week in which the holiday occurs.

14.06 To be eligible for consideration for any holiday an employee is required to work the full regular work days immediately prior to and after the holiday. However, if the employee is absent on bereavement leave or through verified illness or accident on the regular work days immediately prior to and or after the holiday, and receives sick pay from the Employer under the provisions of Article 18 "Sickness Pay", payment for the holiday will be made. If an employee is in receipt of weekly indemnity insurance benefits or workers' compensation for thirty (30) days or less, and a Designated Holiday falls within the thirty (30) days, the Employer will pay the difference between the insurance benefit or compensation and the designated Holiday pay.

14.07 If a holiday falls on a regularly scheduled day off and the employee does not work, will be given the option of eight (8) hours pay, or ten (10) hours pay whichever is applicable, for the day, or a day in lieu with pay to be taken within the collective agreement year.

14.08 Should an employee be required to work on a Designated Holiday named above, shall receive double time their regular rate for all hours worked on the holiday plus their holiday pay, or by mutual agreement double time for all hours worked plus a day in lieu with pay to be taken in the collective agreement year.

14.09 Should an employee be required to work overtime hours on a Designated Holiday, shall receive double time their regular rate for the overtime hours plus straight time for these hours as holiday pay.

14.10 In the event the employee and Supervisor have not scheduled lieu days and/or banked time off at a mutually agreeable time the Employer will pay all outstanding lieu days and/or banked time at the end of the Collective Agreement year.

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ARTICLE 15- VACATIONS

15.01 Vacations with pay shall be granted to all permanent full time regular employees of the Employer and to employees qualifying therefore, in accordance with the following provisions:

15.02 Conditions

a)

b)

c)

Such vacations shall be based on length of continuous service as a permanent full time regular employee with the Natrel organization. However, in the case of companies or businesses acquired by Natrel interests, employees may be allowed credit for prior continuous permanent full time regular employment in the Employer or business acquired immediately preceding the date of such acquisition for the purpose of computing service for vacation credit.

Consistent with the maintenance of efficient operations in all departments, employees' vacation period will be allotted with the senior employee having first choice of the first 2 (two) weeks of their vacation period subject to Article 15.02 (c).

i. On February 14th, all permanent full time Regular employees will be given the opportunity to indicate to the Employer, in writing, their first choice for two weeks of their vacation. This shall be turned in to Management by February 28th. At that time, the weeks will be allocated based upon seniority. For any conflicting weeks, employees not being awarded their choices will be given the opportunity, by seniority, to choose other open weeks by March 7.

ii. The vacation schedules, with confirmed first choices indicated, shall be posted by March 8th, and employees will be required to fill in their remaining choices of vacation prior to March 30th. The list will then be taken down, completed by the parties and then reposted by April 15th. All further additions to the vacation list shall be considered on "first come, first served" basis. This will be done in writing.

iii. The Employer will guarantee a m1mmum of eight full time employees per week for vacation during the period between the fourth Sunday in September and the second Sunday in May. The Employer will guarantee a minimum of ten full time employees per week for vacation during the period of the third Sunday in May and the third Sunday in September as well as during the weeks of Christmas, New Years, and March Break. These weeks of vacation must be selected during the first two rounds of vacation selection. Any vacation requests submitted outside of these parameters will be guaranteed to a minimum of six per week in the Shipping

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d)

e)

f)

g)

department (and eight per week in the Production department) though all efforts will be made to grant requests for vacation in excess of six during this period where operationally possible. These guarantees are subject to the Employer maintaining a qualified work force.

i. Vacations must be arranged in the operating year in which they are due and cannot be accumulated. Employees shall not be asked to come into work while on vacation except if a designated holiday falls on the day prior to the employee's scheduled return to work from their vacation. They must then advise the Employer prior to taking their vacation if they are available to work on the designated holiday.

ii. Employees that have not scheduled their vacations by September 15 of each year will have outstanding vacations scheduled by the Employer.

If a Designated Holiday to which the employee is entitled falls within the vacation period, an extra day will be granted or one (1) day's pay in lieu thereof as mutually agreed between the employee and the Employer. The date of such day off shall be determined by mutual agreement.

The Vacation year shall be defined as April1 to March 31.

The Employer will develop a schedule which guarantees all permanent full time employees a minimum of two (2) weeks off between the third Sunday in May and the third Sunday in September. This guarantee will be forfeited after the first round of vacation selection. These weeks must be selected during the first round of vacation selection. All vacations must be scheduled by September 151

h in any given year or the Employer will schedule for the employee.

15.03 Service Requirements & Length of Vacation

a) All employees covered by this Agreement shall be granted annual vacation in accordance with their continuous service as a permanent full time regular employee prior to April 1st:

Service Requirements i) Less than one ( 1) year continuous

service

Length of Vacation Vac Pay One (1) day 4%

per month of service to a maximum of ten (1 0) days

ii) After one (1) year Two (2) weeks 4% but less than five (5) years continuous

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service

iii) After five (5) years Three (3) weeks 6% but less than ten (1 0) years continuous service

iv) After ten (1 0) Four (4) weeks 8% years but less than eighteen (18) years continuous service;

v) After eighteen (18) Five (5) weeks 10%

b)

c)

15.04 Vacation Pay

years but less than twenty-five (25) year's continuous service

vi) After twenty-five (25) Six (6) weeks 12% years continuous service

A week's vacation means a calendar week of seven (7) days.

Employees completing their fifth, tenth, eighteenth and twenty-fifth year of service within the vacation year shall be eligible for the additional week's entitlement as of the employee's anniversary date of employment.

a) An employee entitled to vacation in the service groups of paragraph 15.03 (a) (ii), (iii), (iv), (v) and (vi) shall receive vacation pay of an amount equivalent to two per cent (2%) per week of vacation entitlement based on the T-4 to reflect the previous year's earnings of the employee less taxable allowances and benefits, or the regular rate whichever is greater.

It is understood that, in the case of a permanent full time regular employee who may have lost earnings during the twelve (12) month period ending December 31st by reason of sickness or injury, there shall be added to the amount shown on the T-4 return for the purpose of computing vacation pay, an amount equivalent to the average contract classified earnings of the employee for a period not in excess of twenty-six (26) weeks' absence through sickness or injury.

b) In the case of service group 15.03 (a) (i) [employees with less than one (1) years' service] the percentage of four percent (4%) shall be computed on the pay received by the employee in the portion of the service year prior to April 1st.

c) All deductions normally made from an employee's regular pay shall be deducted from the employee's vacation pay.

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d) A permanent full time regular employee leaving the employment of the Employer during the service year April to March inclusive, shall be entitled to receive any vacation credit not received for the previous service year ended March 31st, and in addition will receive credit pro rata for any service from April 1st of the current service year to date of termination in accordance with the above schedule.

e) Maintenance Employees may be permitted to request to take one (1) week of their vacation entitlement as single days off (i.e. full days only) subject to the following conditions.

i. The employees will only be permitted to request these single vacation days after the completion of vacation scheduling as per Article 15.02 c) ii).

ii. The employee must give a minimum of two weeks advance notice to the Employer of their desire to utilize a vacation day.

iii. The request for said days must be submitted in writing and will be granted based on the date of application, not by seniority, unless the applications are made on the same day for the same date.

iv. The scheduling of single vacation days will be at a time mutually agreeable between the employee and their supervisor.

v. Unused vacation days may not be carried over into the next year, and single days unscheduled by September 151

h of the vacation year may be scheduled by the Company.

vi. This article will only apply to the period between the 3rd Sunday in September to the 2"d Sunday in May and will exclude the weeks of Christmas, the week of New Years and March Break.

vii. The parties agree that this week of vacation will be considered a one-year trial period beginning with vacation year starting April 1, 2016. If the trial period is mutually beneficial, the ability to take the one week of vacation as single days will continue for the duration of the collective agreement.

ARTICLE 16- RATES OF PAY

16.01 The Employer and the Union agree that the rates as set forth in Schedule "A" attached hereto shall be paid to the employees covered by this Agreement. Additionally, Schedules A, B and C shall be recognized as part of this agreement.

ARTICLE 17- EMPLOYEE BENEFITS

17.01 The Employer will pay the cost of the premiums of the following Insurance Plans, which shall be subject to the terms, conditions and regulations of such plans in effect on the effective date of this Agreement or on the first day of the month following ratification, where applicable, for all qualified permanent full time regular employees.

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a) Group Life Insurance and Accidental Death and Dismemberment

The Employer will provide coverage for the life and accidental death and dismemberment for full time, permanent employees only. Coverage for each active employee who qualifies as follows:

Life April 1, 2015 - $45,500 April 1, 2016 - $46,000 April1, 2017-$46,500 April1, 2018-$47,000 April1, 2019-$47,500

AD&D April 1, 2015- $45,500 April1, 2016-$46,000 April1, 2017-$46,500 April1, 2018-$47,000 April1, 2019-$47,500

Life Insurance- This benefit ends at retirement.

AD&D - This benefit ends at age 70 or retirement, whichever is earlier.

b) Short Term Disability Coverage for each eligible employee in an amount of sixty-six and two thirds percent (66 2/3%) of their weekly earnings for a period of twenty-six (26) weeks. Benefits are to become effective on the fourth (4th) day of any sickness of non-compensable accident. The level of benefits payable to any employee for short term disability insurance for the duration of the disability shall be the level of benefits payable to such employee at the time the disability commenced. The Employer will reimburse an employee for the cost of a medical certificate required under the short term disability insurance coverage if it is not paid by the Ontario Health Insurance Plan. This benefit ends at retirement.

c) Long Term Disability Insurance The Employer shall continue a Long Term Disability Plan for each eligible employee, providing an integrated plan of sixty-six and two thirds percent (66 2/3%) benefit to a monthly maximum as follows: April 1, 2016 at $2,800, April 1, 2017 at $2,900, April 1, 2018 at $3,000 and April 1, 2019 at $3,100 for new claims. This benefit ends at age 65.

d) Optical Plan and Eye Examination Coverage The Employer shall continue an optical plan which shall provide coverage for each eligible employee and their dependents of one (1) pair of glasses to a maximum value of two hundred dollars ($200) effective April 1, 2011, in a twenty-four (24) month period for each eligible employee. This coverage may be used towards the cost of laser eye surgery.

Eye Examination coverage in the amount of $50.00 per twenty four month period.

This benefits ends at retirement.

e) Hospital Medical and Surgical Insurance

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Ontario Health Insurance Plan and Major Medical coverage with Twenty Dollars ($20.00) single, Fourty Dollars ($40.00) family deductible per year, no co-insurance, for each eligible employee, spouse and unmarried children under twenty-one (21) years of age. A semi-private hospital benefit with no deductible will be provided.

f) Dental Plan Blue Cross Plan #9, or its equivalent, with the carrier to be determined by the Employer.

Effective for claims after April 1, 2011 major dental coverage at 50% to a maximum of $2,000 per calendar year.

Effective for claims after April 1, 2010, 2009 O.D.A. rates will apply. Effective for claims after April 1, 2011, 2010 O.D.A. rates will apply. Effective for claims after April 1, 2012, current ODA rates will apply.

g) The Employer shall include a direct payment card in the benefit plan for all permanent full time employees effective July 5, 2015.

17.02 It is not the intent of the Employer to provide double coverage for any employee. Therefore, if a married employee is insured under their spouse's insurance plan, the Employer will not provide any duplication of coverage.

ARTICLE 18- SICKNESS PAY

Eligibility

A full-time employee will, on the 1st Sunday of January of each year, be granted ten (1 0) sick days for that year, which shall be applied to any absence due to personal illness of less than four (4) days at which time the employee will be entitled to the provisions of Article 17.01 b).

New full-time employees, who have completed their probationary period, will receive a prorated amount of sick days' equivalent to 6.67 hours' sick pay for each month of employment.

This Sick Day Plan does not apply to Student or Part-time employees.

Periods of Absence

Full-time employees absent from work for a period longer than 24 consecutive months will not be eligible for the pay out of any unused sick pay credits. In the event a full-time employee returns to work after an absence of consecutive 24 months, they would receive a prorated amount of sick days for the balance of the calendar year (e.g. an employee returns from an absence in June, they would be eligible for five sick days upon their return).

PayOut

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The Employer will pay off any unused sick ~ay credits at the end of each calendar year. This payment will be made by December 15 h of each year.

General

The Employer has the right to demand a doctor's certificate in connection with all absences where there are reasonable grounds to suspect the absence was not caused by illness or where there is excessive absenteeism.

The Union Stewards will cooperate with the Employer in policing the problem of sickness and sickness pay.

ARTICLE 19 - PENSION PLAN

19.01 All present employees participating in the Milk Drivers and Dairy Employees Pension Plan and new employees eligible on, or after July 14, 1991 shall be enrolled/remain in the Milk Drivers and Dairy Employees Pension Plan.

a) The Employer agrees to pay to the Milk Drivers and Dairy Employees' Pension Plan, $45.25 per week effective April 1, 2015, $46.50 per week effective April 1, 2016, $47.75 per week effective April 1, 2017, $49.00 per week effective April 1, 2018, and $50.25 per week effective April 1, 2019, for all employees who are registered members of the plan. New permanent full time employees shall join the Plan upon completion of 1 year's employment with the Employer.

b) Each employee registered in the pension plan shall pay to the Milk Drivers and Dairy Employees Pension Plan the sum of $36.75 per week effective April 1, 2015, $38.00 per week effective April 1, 2016, $39.25 per week effective April 1, 2017, $40.50 per week effective April 1, 2018, and $41.75 per week effective April 1, 2019.

ARTICLE 20- SEVERANCE PAY

20.01

a) A full time regular permanent employee with two or more years seniority who is permanently laid-off shall be eligible for severance pay if not recalled within 13 weeks from the date of layoff. Severance pay will be calculated on the basis of one week of pay per year of completed service with the Employer up to the date of layoff.

b) A full-time regular permanent employee with two or more years' seniority who is permanently laid off shall be eligible for severance pay of 1.5 regular week's earnings per year of completed service in the event of a plant closure. Payment of these monies shall be inclusive of any obligations arising out of the Employment Standards Act.

20.02 The employee shall have the right at any time after the thirteen week period to waive in writing their right to recall and shall receive severance pay.

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20.03 It is agreed anyone claiming severance above shall have no further claim to the Employer.

ARTICLE 21 - COST OF LIVING ALLOWANCE

21.01 All permanent full time regular employees covered by this Agreement, except probationary employees, shall be entitled to a Cost of Living Allowance (C.O.L.A.).

The C.O.L.A "FLOAT" currently in effect of sixty cents (60c) per hour worked shall continue to be paid as a "FLOAT" through the term of this collective agreement. This will be paid by separate cheque on the second pay date of January, April, July and October.

The C.O.L.A. as calculated above, shall not form part of an employees applicable weekly or hourly rate as detailed in the Wage Appendices of this agreement and shall not be included in the calculation of any other form of pay, allowance or benefit except as required by law".

ARTICLE 22 - GENERAL

22.01 Union notices may be posted on the bulletin boards supplied for that purpose by the Employer, provided that such notices apply only to Union Business and that they are placed on the boards only by properly elected Shop Stewards or Union Officials.

22.02 There shall be no distribution or posting by employees of pamphlets, advertising or political matter, cards, notices or any kind of literature upon the Employer's property or upon the Employer's time except as herein provided.

22.03 No employee shall be asked or permitted to make any verbal or written agreement which may conflict with this Agreement.

22.04 Meal Allowance

a) The Employer shall provide a meal allowance to a maximum value as follows: April 1, 2010 at $8.50, April 1, 2011 at $9.00 and April 1, 2012 at $10.00, to any employee:

In the Production, Shipping/Storage, and Maintenance & Service Departments for two (2) hours or more overtime worked, provided the employee has not been advised of the overtime the day previous.

b) The above noted increases are conditional upon the following parameters:

i. The overtime must be approved in advance by the Department Manager or their designate;

ii. Such approved meal allowance shall be paid via payroll.

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22.05 The Employer will pay all fines received for the overloading of any vehicles.

Medical Certification: The Employer will reimburse to a maximum of seventy dollars ($70.00), to eligible employees with a Class A license who are required by the Ministry and the Employer to obtain a medical certificate. The allowance will be paid when the employee submits proof of charges over and above the benefit provided by O.H.I.P.

22.06 Uniforms- All Employees

In positions where the employee is required by the Employer to wear a uniform, the Employer will pay the cost of the uniform, overall or coverall, and the cost of laundering. Items will be issued as follows: Shipping Department - employees will be provided with one vest or parka and thermal clothing a year. This vest or parka will remain the property of the Employer and, if lost, must be replaced by the Employee. If the employee leaves the Employer, the vest or parka must be returned to the Employer. Engineers, Maintenance employees and Loaders - will be supplied with suitable outerwear where necessary. Production Department- plant uniforms (whites)- issued to employees as required by their conditions of work. Insulated vests, parkas- issued by employee name and returned to stock yearly for re-issue next year. Maintenance, Engineers and Shipping/Storage. Gloves - Suitable gloves will be issued to any employee requesting them. Leather face gloves will be issued to Case room employees, Shipping department employees and Maintenance employees as required. The Company will ensure there are sufficient changes of uniforms for all employees. Shunters, at their option, may be provided one extra pair of safety boots each year. The Employer will continue to provide uniform items as per current practice.

22.07 Footwear

a) Where rubber boots are presently supplied, they will be supplied by the Employer as follows:

The first three (3) pairs in any one (1) year- cost to be paid by Employer. Over three (3) pairs in any one (1) year - 1/2 of the cost to be paid by Employer and 1/2 of the cost to be paid by employee. Rubber boots so provided must not be taken off Employer property and old boots are to be returned when new boots are issued.

b) Employees, at their option, may be provided with two (2) pairs of safety leather boots per year by the Employer as an alternative to rubber boots [one (1) pair of summer and one (1) pair of winter safety boots, at the employee's option].

22.08 Plant Supervisors

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Plant Supervisors and those above the rank of Plant Supervisor, will not perform work normally performed by employees under their supervision except in cases of emergency beyond the reasonable control of the Employer, for instructional purposes or experimentation. The appropriate steward will be consulted prior to any work being performed under this clause.

22.09 Tools

Maintenance mechanics, general building maintenance, electricians, plumbers and stationary engineers shall be provided with replacement tools up to the value of Four Hundred and Fifteen Dollars ($415.00) effective April 1, 2010, Four Hundred Twenty-Five Dollars ($425.00) effective April 1, 2011, Four Hundred Thirty-Five Dollars ($435.00) effective April 1, 2012, Three Hundred Forty-Five Dollars ($445.00) effective April 1, 2013 and Four Hundred Fifty-Five Dollars ($455.00) effective April1, 2014.

The Lubricator and Sanitation Specialist shall be provided with replacement tools up to the value of Two Hundred Ten Dollars ($21 0.00) effective April 1, 2010, Two Hundred Twenty Dollars ($220.00) effective April 1, 2011, Two Hundred Thirty Dollars ($230.00) effective April 1, 2012, Two Hundred Forty Dollars ($240.00) effective April 1, 2013 and Two Hundred Fifty Dollars ($250.00) effective April1, 2014.

The allowance will be paid the first pay day after April 15 without a receipt.

22.10 Loss of License

Where an employee whose normal duties include the operation of the Employer's vehicles has their classification license cancelled on a first offence, provided they are not in operation of a Employer vehicle when the offence occurs, shall be allowed, if qualified, to fill any vacancy not filled through job bidding and will receive the rate of the position filled. It is understood that when the employee's classification license has been reinstated they shall be returned to their regular job and receive their regular previous rate. Any further loss of license will be dealt with on an individual case basis. If no vacancy is available the affected employee shall receive a leave of absence up to a maximum of twelve (12) months.

22.11 Employees required tosubmit to periodic retesting or medical examination to maintain a license or certificate in connection with their job shall be scheduled by the Employer to be absent and shall be paid at their regular straight time hourly rate for all regularly scheduled hours spent in such tests or examination.

22.12 In the case of death or retirement of any full time employee, the Employer agrees to deduct the sum of Two Dollars ($2.00) from the pay of each employee in the bargaining unit. Such deduction will be forwarded to the Secretary-Treasurer of the Union, which in turn will be sent to the appropriate parties concerned.

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22.13 The Employer agrees to resume the prior practice of loading vehicles. It is understood and agreed that the driver will assist in checking and load placement.

22.14 In the event an employee has not received payment after 30 days from receipt of their claim for weekly indemnity or WSIB benefits, may request an advance of Four Hundred Dollars ($400.00) per week.

a) Prior to receiving the advance the employee must sign a promissory note stating that the advance will be repaid in full to the Employer within 30 days of the receipt of their first benefit cheque.

b) This benefit is not available if the Employer is challenging the validity of the claim.

c) If the Weekly Indemnity or WSIB claim is denied, the advance is payable in full to the Employer within thirty (30) days of the claim being denied.

22.15 Pay cheques will be available by noon Thursday, or at the end of the employee's regular shift ending on Thursday whichever is earlier.

22.16 The parties agree that the Steward Committee may appoint one Union Steward to be a member of each Employee Involvement Committee. All efforts will be made to ensure that different stewards will sit on different committees as much as possible. The Chief Steward will communicate to the applicable Employer representative as to who will attend on each committee.

22.17 The Employer will reimburse eligible employees in the Maintenance and Service Department, the annual cost (as per the rates set by the Ontario College of Trades) to renew their skilled trade licenses.

ARTICLE 23- DURATION OF AGREEMENT

23.01 This Agreement shall remain in force from the Date of Ratification until the 31st day of March 2020, and shall continue in force from year to year thereafter, unless not more than ninety (90) days and not less than thirty (30) days before the 31st day of March 2020, or not more than ninety (90) days and not less than thirty (30) days before the end of any subsequent yearly period, either party shall furnish the other with notice of termination of, or proposed revision of, this Agreement. Notice of revision shall set forth the nature of the proposed amendments to this Agreement.

IN WITNESS WHEREOF each of the parties her~ has caused this Agreement to be signed by its duly authorized representative on thi~_. 'th day of J1u4~ 2015 .

'

. {

FOR THE UNION

~Atrk-L ~1fb A$.:tS vb.~ 39

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SCHEDULE A-WEEKLY RATES OF PAY

FULL TIME EMPLOYEES

CLASSIFICATIONS 1-Apr-15 1-Apr-16 1-Apr-17 1-Apr-18 1-Apr-19

Production Lead Hand 1,170.53 1193.94 1217.82 1242.18 1270.13

Keyman Relief 1,173.50 1196.97 1220.91 1245.33 1273.35

Keyman Floater 1,173.50 1196.97 1220.91 1245.33 1273.35

Keyman Utility 1,156.69 1179.83 1203.43 1227.50 1255.12

Milk Receiver and Grader 1,173.50 1196.97 1220.91 1245.33 1273.35

lab Technician 1,156.69 1179.83 1203.43 1227.50 1255.12

Pasteurizer (day) 1,167.97 1191.33 1215.16 1239.46 1267.35

Pasteurizer (night) 1,167.97 1191.33 1215.16 1239.46 1267.35

Fillerman 1,156.69 1179.83 1203.43 1227.50 1255.12

Fillerman Technician 1,203.87 1227.94 1252.50 1277.55 1306.29

Pouch Pak Machine Operator 1,156.69 1179.83 1203.43 1227.50 1255.12

Pouch Pak Technician 1,203.87 1227.94 1252.50 1277.55 1306.29

Pur Pak Machine Operator 1,156.69 1179.83 1203.43 1227.50 1255.12

Pur Pak Technician 1,203.87 1227.94 1252.50 1277.55 1306.29

Creamer Operator 1,156.69 1179.83 1203.43 1227.50 1255.12

Creamer Technician 1,203.87 1227.94 1252.50 1277.55 1306.29

Day Shipper Stockroom 1,156.69 1179.83 1203.43 1227.50 1255.12

Checker- Return Products 1,156.69 1179.83 1203.43 1227.50 1255.12

Wash Up Man 1,153.97 1177.05 1200.59 1224.60 1252.15

Packer 1,138.79 1161.56 1184.79 1208.49 1235.68

Janitor 1,152.62 1175.68 1199.19 1223.17 1250.69

General Labour (Stockroom) 1,152.62 1175.68 1199.19 1223.17 1250.69

General Labour (Plant) 1,152.62 1175.68 1199.19 1223.17 1250.69

Shipping/Storage

Lead Hand 1,170.53 1193.94 1217.82 1242.18 1270.13

Keyman Relief 1,173.50 1196.97 1220.91 1245.33 1273.35

Keyman Floater 1,173.50 1196.97 1220.91 1245.33 1273.35

Keyman Utility 1,156.69 1179.83 1203.43 1227.50 1255.12

Shipper 1,156.69 1179.83 1203.43 1227.50 1255.12

Material Handler 1,156.04 1179.16 1202.74 1226.79 1254.39

Loader 1,156.04 1179.16 1202.74 1226.79 1254.39

Shunter 1,183.15 1206.81 1230.95 1255.57 1283.82

Checker- Outgoing Products 1,156.69 1179.83 1203.43 1227.50 1255.12

Janitor 1,152.62 1175.68 1199.19 1223.17 1250.69

Sanitation specialist 1,170.53 1193.94 1217.82 1242.18 1270.13

Maintenance and Service

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Electrician 1,429.34 1457.93 1487.09 1516.83 1550.96

Mechanic 1,426.66 1455.19 1484.29 1513.98 1548.04

Plumber 1,426.66 1455.19 1484.29 1513.98 1548.04

Welder I Fabricator 1,322.26 1348.71 1375.68 1403.19 1434.76

Building maintenance man 1,174.93 1198.43 1222.40 1246.85 1274.90

Lubricator 1,407.04 1435.18 1463.88 1493.16 1526.76

Stationary Engineer 3rd class or Refrigeration Operator Class B 1,429.34 1457.93 1487.09 1516.83 1550.96

*Electrician Apprentice, Mechanic Apprentice, Plumber Apprentice- rates of pay as per the Apprenticeship

Program.

Shift Premium

A night shift premium of $0.80 per hour will be paid to all employees for all hours worked on shifts starting at or after 8 p.m. and at or before 3:59 a.m. An afternoon shift premium of $0.75 per hour will be paid to all plant employees for all hours worked on shifts starting at or after 11 a.m. and before 7:59 p.m.

Sunday Premium

All employees (full time, part time or student) hired after July 5, 2015 will receive a $1.00 per hour Sunday premium for all regular hours worked on Sunday.

Schedule 8- New Wage Schedule for Students, Part time and New Full-Time Employees

Effective immediately all new hired employees will be governed by the following wage spreadsheet for hourly employees. All wage increases will take effect the first Sunday after the employee's anniversary date. All new employees will not be eligible for any wage increases as per Schedule "A" until they attain 100% of the classification rate. New full-time permanent employees that have achieved 36 months or greater service will receive the same benefits (i.e. COLA) as the present full-time employees.

Classification 0-12 13-24 25-36 After Months Months Months 36 Months 80%of 85% of 95% of 100% of classification classification classification classification

Full-time rate rate rate rate

4 Float Days 4 Float Days 4 Float Days 4 Float Days

Students and Part time employees will earn 70% of the Keyman Utility rate of pay.

A probationary rate of $1.00 less per hour than the applicable posted rate will be applied.

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Student and Part Time employees hired after date of ratification in 2001 will not be eligible to receive a higher classified rate, even though they are working in a higher rated job.

Schedule C - Apprenticeship Program

The intent of the Apprenticeship program shall be to supplement and support licensed skilled trades people and to offer opportunities for current employees to increase their skill level, and to provide the Employer with adequate and fully qualified tradespersons. Apprentices shall not be used to replace the complement of full time skilled

tradespersons.

Provided bargaining unit employees are interested in bidding for the apprenticeship program, as per Article 11.08 of the Collective Agreement, and they qualify, they will be given the first opportunity to bid for the posting (as per the current bidding process) versus external candidates. In the event that the internal candidates do not meet the selection criteria as outlined below, or there are no internal bids, then external candidates will be considered.

Selection, by the Employer, shall be in accordance with the following criteria: 1. Appropriate academic qualifications. 2. Successfully passing an independent mechanical aptitude test. 3. Interview results (for internal candidates the Chief Steward may request to be in attendance at the interview as an observer). Bargaining unit employees that qualify shall be awarded the position by seniority. Internal Candidates that are awarded an apprenticeship program will receive all benefits, vacation entitlements, tool allowance, etc. as per the Collective Agreement. However, they shall receive 90% of the skilled trades' classification wage rate until they complete the program.

The full term of the apprenticeship program shall be governed by applicable Ontario Legislation. In the event that an external candidate is hired their wages will be governed by the amount of hours worked as an apprentice and the appropriate skilled trade classification as outlined below:

0-2000 hrs 2001-4000 hrs 4001-6000 hrs

70% wage rate 80% wage rate 90% wage rate

All other terms and conditions will be governed by the Collective Agreement.

At the end of the training period, providing that the apprentice can satisfactorily perform the journey person's duties in the classification in which has been trained and successfully receives their Certificate of Qualification, the apprentice will receive the full journey person's wage rate and benefits as per the Collective Agreement. The Employer shall then post an applicable full time job in the applicable trade. This will result in a vacancy for the new skilled trades' journeyperson.

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Internal candidates, who are awarded an apprenticeship position, shall maintain their bargaining unit seniority in all aspects except to bid/select preferred jobs/shifts within the maintenance department and vacation selections within the maintenance department.

Voluntarv Training and Tradesperson Liability At the discretion of the Employer, a skilled tradesperson may be requested to mentor an apprentice however the choice to mentor will be voluntary. Any skilled tradesperson who accepts mentoring an apprentice will be paid a premium of $1.00 per hour effective April 1, 2010 and $1.25 per hour effective April 1, 2012. A skilled tradesperson mentoring an apprentice will not be held liable for any actions or mistakes caused by an apprentice.

Maximum Number of Apprentices The Employer shall comply with the Trades Qualification Apprenticeship Act, with respect to the maximum number of apprentices.

Hours of Work and Overtime Apprentices will be required to work at all times under a consenting maintenance tradesperson and in compliance with all applicable legislation. All overtime shall be offered first to the maintenance department (consistent with the Collective Agreement) before any apprentice. Only when all tradespersons have been offered all the overtime opportunities and have refused shall an apprentice be allowed to work the overtime. However, apprentices will still be required to work directly under a consenting maintenance tradespersori. Once an apprentice has completed the program and become certified they will be offered overtime consistent with the Collective Agreement.

Education Reimbursement after Successful Completion of Program. The Employer shall pay 100% of all tuition and books that are required under the apprenticeship program and/or applicable legislation upon receipt of a passing grade and costs associated with the program. Secondly, the Employer will allow the required time off (without pay) to complete the educational aspect of the program. In the event that an apprentice leaves the Employer within twenty-four (24) months of completing the apprenticeship program they will be responsible for reimbursing the Employer for the total cost of tuition and books.

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Schedule D- Stationary Engineers 3rd Class or Refrigeration Operator Class B Work Schedule

Sun Man Tue Wed Thurs Fri Sat Sun Man Tue Wed Thurs

Operator 1 Off 12 12 12 Off Off Off Off Off Off Off 12 6:00-18:00

Operator 2 Off Off Off Off 12 12 12 Off 12 12 12 Off 6:00-18:00

Operator 3 Off 12 12 12 Off Off Off Off Off Off Off 12 18:00-6:00

Operator4 Off Off Off Off 12 12 12 Off 12 12 12 Off 18:00-6:00

-~

• 12 Hour Shift = 3 X 12 hour Days for 42 hours Regular pay • Days off: As listed above • Lieu days, float days, and sick days are paid at the rate of 12 hours. • Any two hours or more worked, in excess of the scheduled 12 hours entitles the worker

to any other day off that is agreeable to both parties, i.e. the management and the worker, approved and authorized by the department supervisor.

• All over-time will be asked as per the collective agreement (Lowman Hours system) • If an employee works on his Days off he will be paid as per the collective agreement

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Fri Sat

12 12

Off Off

12 12

Off Off

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LETTER OF UNDERSTANDING #1

1. This letter will confirm the understanding reached with the Union during the recent negotiations with respect to the completion of Form P.S.-4A. Form P.S.-4A (Machine Schedule and Down Time) shall not be used to compare the performance of individual employees resulting in disciplinary action by the Employer. The sole intent of this form is to measure production and record machine down time in the interests of improving operational efficiency. The foregoing arrangements will continue in effect until March 31, 2020.

2. Pay Cheques: The Employer agrees to continue its practice of putting pay cheques in envelopes.

3. Collective Agreement The Employer and the Union agree to sponsor a one (1) day session, within two (2) months of ratification, with all Supervisors and Union Stewards in attendance, to review the Collective Agreement.

4. Dock Pick-ups:_The Employer undertakes to advise the Union of any expansion of this volume of business, and the reasons for such expansion, and the Union will meet with the Employer to discuss the situation with a view to protecting the business and finding alternative employment for employees affected.

5. Loading of Trucks: It is understood that, in the loading of Wholesale (Milk) Trucks cases will not be piled higher than six (6) cases, with the exception of twenty (20) litre dispensers which will be piled not higher than five (5) cases high. A floor area equivalent to six (6) or seven (7) cases will be left open at the side or rear door.

FOR lJ=l.E-EMPLOYER

'

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L L___ 7'7 c -

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LETTER OF UNDERSTANDING #2

Maintenance Department

On a regular basis, the Employer will discuss the usage of contractors with the Maintenance Steward or their designate. Either party can initiate these discussions as the need arises.

I

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FOR THVL:ION fa_ 0 j;i 10_T ~_D ~~

'7Y!/J- 7h~JA ~6~ -~~

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? '-~ t;JZ \\~(l~le-Jth. e-:_ a~

/" / /

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LETTER OF UNDERSTANDING #3

Retiree Life Insurance

Effective August 1, 1991, upon retirement, members with at least five (5) continuous years of service immediately preceding retirement are covered for four thousand dollars ($4,000) Life Insurance for the first twelve (12) calendar months following the month in which retirement commenced and two thousand dollars ($2,000) Life Insurance thereafter.

Former employees of Walmer Road who were employed at Don Mills, on, or after 1986, and subsequently retired prior to the end of the month following ratification shall be entitled to the above noted benefit.

Grandfather all current full time employees to remain eligible to this benefit. All full time employees hired after July 4, 2010 will not be eligible for this benefit.

FOR THE EMPLOYER FOR THE UNION

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4 7~ . 7

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LETTER OF UNDERSTANDING #4

Effective date of ratification and following all pertinent training requirements, four Wash Up positions will be eliminated. The Union agrees that within the classifications of Pouch Pak Technician, Pur Pak Technician, Creamer Technician, and Fillerman Technician the following tasks will be performed:

• The introduction of these new job requirements will be phased in as required. • Operate the filler as required and for as long as required during their shift; • Complete the full tear down on the filler as required; • Complete the wash up on the applicable filler only as required; • All other tasks as reasonably assigned; • The shifts shall remain 8 hour shifts with the same days off (Tuesday and Sundays); best

efforts shall be made to maintain all start times. • Current filler operators at the time of the change will be provided sufficient training on their

machines by seniority; • The Employer agrees that three Wash up positions will remain. • If any Wash-up employees are displaced they shall have first choice of retraining through

the bumping system by seniority. • In the event the above wash-up employees do not wish to work in these expanded filler

roles they will exercise their bumping rights as per Article 11.02. Any resulting vacancies will be posted as per the CBA.

• As the positions are filled, they will be paid the weekly Technician rate as per the CBA. The rate upon date of ratification is $1 ,203.87.

• As the new classifications of "Technician" are phased in, the previous classifications will be eliminated.

• Until such time as these positions are filled employees will continue to receive their current rate of pay as per the Collective Agreement.

The following training process will apply: • Full time employees newly assigned to the Technician position; • Keyman Floaters by seniority; • Keyman Relief in the position; • Keyman Utility by seniority; • Full time employees that can currently operate the filler by seniority I Student or part-time

employees by seniority.

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0 Lf)

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Letter of Understanding #5

The following Letter of Understanding will be effective on a trial basis for 6 months following the date of ratification. The Employer, at its discretion, may decide to revert back to previous language following the 6 month trial period.

TemporarvAmendment to Arlic/e 13.09 ii

For a period of 6 months the following language will apply "Preference will be given on a seniority basis only when Tuesdays (or Wednesday for Night Shift Shipping/Storage and Storage Employees and Shunters) worked is equal. To the extent that qualifications of individual employees permit, the Employer will accommodate employees who request to move their shift forward on Saturdays preference will be given based on seniority. This request must be made to the Supervisor by Tuesday 11:59 p.m. for a Saturday vacancy occurring in the following week.

Temporary Amendment to Arlicle 13.02

It is the understanding that the deadline for the requested changes for the following week Tuesday for Saturday off deadlines in Production and Shipping will be Tuesday at 11:59 p.m.

The new cut off for Saturday preferred shift is Friday at 8:00 a.m. Therefore the final schedule will be posted Friday at 5 p.m. for Saturday preferred shift only.

FOR TH~i;-E:MPLOYER FOR THE UNION

A ;V{ Mf-A/VL(;AY'IA ~ z .. .v:rs - a ~lhJ!A_

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Letter of Interpretation (Scheduled Overtime)

The parties agree that the following process will be undertaken in the distribution of scheduled overtime in relation to Article 13.06 c) v).

Scheduled Overtime

Step One: • Employees will be offered scheduled overtime shifts in their department on their

regular shift first, by seniority and if available, provided they are qualified and ESA eligible. If offered and refused, the employee is not eligible for any other scheduled overtime on that day unless they have declared at the time of offer that they wish to be considered for an alternate shift at Step Two. (After the departmental full time seniority list has been exhausted Step Two will begin.)

• If there is no overtime available on a particular shift and the employee has the seniority to work overtime on an alternate shift, they will be offered said shifts in order of seniority provided they are qualified to perform the work and are ESA eligible.

• Once the employee has been offered and has accepted an overtime shift, they will not be permitted to change said shift if new opportunities become available. It is agreed that changes may only be made through mutual agreement of the parties.

Step Two: • After Step One has been completed and there are still open and available shifts

in their department, full time employees not already scheduled (and those who have refused other shifts and declared they wish to be offered an alternate shift) will be offered these remaining shifts by seniority provided they are qualified to perform the work and are ESA eligible without bumping.

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Key Contacts List

Natrel Don Mills Plant 416-442-2300 (main line) 1275 Lawrence Avenue East Toronto, ON 416-442-2386 (fax) M3A3P9

Production Department (Supervisors 416-442-2383 '

Line) Shipping Department (Supervisors 416-442-2347 Line) Maintenance Department (Supervisors 416-442-2406 Line) Quality Control Department 416-442-2433/2403

I _{_Supervisors Line) Case Room Department (Supervisors 416-442-2303 Line) Martin Cerqua, Teamsters Local 647 1-800-387-9924 (toll free)

I [email protected] 905-760-0209 (main line)

905-760-8615 (fax) Teamster Local 647 Office 1-800 387-9924 (toll free) 2180 Steeles Avenue West 905-760-0209 (main line) Suite 305 905-760-8615 (fax) Concord, ON '

L4K2Z5

Teamsters Multi Employer Pension 905-946-8655 (main line) Plan 905-946-2535 (fax) Employee Benefit Plan Services 1-800-263-3564 45 Mcintosh Drive Markham, ON L3R 8C7

Manulife Insurance 1-800-268-6195 (toll free) Policy Number: 38786 Class Number: 444 Certificate Number= Employee ID Number (found on your paystub)

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