collective agreement between dana canada corporation power technologies …€¦ · ·...

Collective Agreement

between

Dana Canada Corporation Power Technologies Group

Oakville XL Plant 1400 Advance Road

Oakville, Ontario

and

Unifor Local 1256

February 15, 2014 – February 15, 2018

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TABLE OF CONTENTS

ARTICLE PAGE 1. Purpose of Agreement…………………………….. 3 2. Recognition……………………………………….. 3 3. Management Rights………………………………. 4 4. Union Representation…………………………….. 5

Bargaining Committee

Time-off for Union Business 5. Strikes and Lockouts……………………………… 7 6. Grievance Procedure……………………………… 7

Complaint Procedure

Step One

Step Two

Prior to Arbitration

Policy Grievance 7. Union Membership and Check-Off/ Union Dues… 10 8. Probationary Period………………………………. 11 9. Seniority…………………………………………... 12

Loss of Seniority 10. Lay Off……………………………………………. 12

Layoff

Temporary Layoff

Inverse Layoff 11. Recall……………………………………………… 13 12. Job Posting………………………………………… 14 13. Temporary Assignment/ Transfers………………... 15 14. Paid Holidays……………………………………… 16 15. Vacations………………………………………….. 17 16. Hours of Work…………………………………….. 20

Standard Work Week

Rest Period Between Shifts

Shift Switch 17. Overtime…………………………………………... 21

Voluntary Overtime

Mandatory Overtime 18. Reporting In Pay…………………………………... 23 19. Emergency Call-Back Pay………………………… 23 20. Sick Leave of Absence……………………………. 23 21. Personal Leave of Absence……………………….. 24 22. Leave for Union Business………………………… 25 23. Bereavement Leave of Absence………………….. 25 24. Jury/ Coroner Duty……………………………….. 26 25. Apprentices……………………………………….. 26

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26. Bulletin Boards………………………………………… 27 Letters of Understanding

#1 Able to Perform……………………………. 28 #2 Accommodated Work…………………….. 29 #3 Cooling Off Period………………………… 30 #4 Employee Assistance…………………….. 31 #5 Health, Safety and Environment………… 32 #6 Holiday Pay Qualification..……………….. 36 #7 Job Rotation………………………………… 37 #8 Joint Anti-Harassment Policy…………….. 38 #9 Paid Education Leave (PEL)……………... 41 #10 Skilled Trades………………………………. 42 #11 Skilled Trades Tool Replacement………… 43 #12 Summer Students…………………………… 44 #13 Temporary Workers………………………… 45 #14 Women Advocate……………………….….. 47 #15 No Transfer of Work Between Plants…….. 48 #201 Labour Management Meetings……………. 51 #202 Safety Glasses and Safety Boots…………. 52 #203 Union Work Space………………………….. 53

Layoff & Recall Article 11.01………………. 54 Extra Hours of Work ………..………………. 55 Appendix 1 – Wages …………………………………………… 56 Appendix 2 – Benefits ………………………………………….. 58 Appendix 3 – Pension Plan ……………………………………. 60 Appendix 4 – Severance Pay Plan …………………………… 61 Appendix 5 – New Hire Graduated Benefit Program ............ 65

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PREAMBLE “Collective Agreement entered into on January 24, 2014 between Dana Canada Corporation, Power Technologies Plant, Oakville Advance Road, hereinafter referred to as “the Company,” and The National Automobile, Aerospace, Transportation and General Workers Union of Canada Unifor and its Local Union 1256, hereinafter referred to as “the Union.”

ARTICLE 1 PURPOSE OF AGREEMENT 1.01 It is mutually agreed that the purpose and intent of this Agreement is to promote

cooperation and harmony between the Employer, the Employees and the Union and to secure for the parties the full benefits of orderly Collective Bargaining, to recognize mutual interest and to provide a channel through which information and problems may be transmitted from one to the other, and to provide an amicable method for the fair and peaceful disposition of all Grievances, to promote efficiency in the production of quality products, and set forth the conditions of employment to be observed by the Employees, the Union and the Company. The parties agree to work collectively to maintain a culture of empowerment, continuous improvement, safety and involvement using tools such as lean manufacturing techniques, flexible manufacturing and cross-functional teams in a spirit of cooperation.

1.02 The Company and the Union agree that they will exercise their rights in the administration of this agreement in a fair and reasonable manner.

ARTICLE 2 – RECOGNITION

2.01 The Company recognizes the Union as the exclusive Collective Bargaining agent of all regular plant employees at its plant location in Oakville, Advance Road, Ontario, save and except supervisors, persons above the rank of supervisors, office and plant clerical staff, sales staff, technical staff such as work measurement and lean staff, quality control staff (excluding quality control inspectors, quality control technicians), laboratory staff, engineering staff, such as professional engineers, engineering technicians, designers.

A Team Leader leads a group of people in his/her department. He/she may be required to perform the regular duties of his/her normal classification and in addition, assign work to the individuals in other classifications under his/her direction. An employee may only be a Team Leader in his/her regular department and shall have no rights over and above the other employees in their regular classification or department. He/she will report directly to the Supervisor of the department and will not be involved with the hiring, separation or formal disciplinary procedures of the Company

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2.02 The words “employee” or “employees” when used in this Agreement shall mean only such regular plant employees as are included in the bargaining unit as defined in Clause 2.01.

2.03 Regular employees shall include everyone under clause 2.01 except temporary employees or students as provided for in this agreement.

ARTICLE 3 – MANAGEMENT RIGHTS

3.01 The Union recognizes and acknowledges that the Management of the Plant and direction of the working force are fixed exclusively in the Company, without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Company:

To operate and administer its affairs, to direct the working force, to plan, direct and control operations including the scheduling of working hours, the number of employees, the right to hire and select employees.

To promote, transfer, demote and layoff seniority employees and suspend, discharge or otherwise discipline seniority employees for just cause subject to the right of any employee to lodge a grievance in the manner and to the extent herein provided

The right to make, enforce, and alter, from time to time, Rules and Regulations covering the operations, a violation of which may be among the reasons for discipline or discharge, subject to the Grievance Procedure. The company may also release employees because of lack of work as per the layoff procedures contained within this agreement.

The Union further acknowledges that the Company has the right to make and alter, from time to time, reasonable rules and regulations to be observed by employees, which rules and regulations shall not be inconsistent with the provisions of this Agreement. Any changes to these rules and regulations will be meaningfully discussed with the Bargaining Committee before publication. The company agrees to notify the union and employees prior to implementing such rules and will apply all rules and regulations in a fair and reasonable manner.

To determine the nature and kind of business conducted by the Company, the kinds of locations of plants, equipment, product components, parts and material to be used, parts, components, products, materials, services, and equipment purchased, the control of materials and parts, the methods and techniques of production, and the right to introduce new and improved standards.

To foster, determine and implement systems, training and methods to support Production, Environmental, and Health and Safety Directions and Policies which includes job rotation and cell teams.

Nothing in this Agreement shall be deemed to restrict management in any way in the performance of all functions of management except those specifically abridged or modified by this Agreement

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To employ up to fifteen (15) people in a temporary manner when the workforce is less than 100 employees and up to fifteen (15) percent of the workforce in a temporary manner when there are 100 or more employees, provided there are no r seniority employees on layoff who can perform the work. However, the use of temporary employees will be permitted on a one (1) for one (1) basis, in the event that seniority employees are on voluntary layoff.

3.02.1 The Union recognizes and acknowledges that the Management of the Plant and direction of the working force are fixed exclusively in the Company, without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Company:

To operate and administer its affairs, to direct the working force, to plan, direct and control operations including the scheduling of working hours, the number of employees, the right to hire and select employees.

To promote, transfer, demote and layoff seniority employees and suspend, discharge or otherwise discipline seniority employees for just cause subject to the right of any employee to lodge a grievance in the manner and to the extent herein provided

ARTICLE 4 – UNION REPRESENTATION

4.01 The Company acknowledges the right of the Union to elect or appoint plant

representation as follows: Day shift, one (1) representative; Afternoon shift, one (1) representative; Night shift, one (1) representative. In addition the Company will recognize a Plant Unit Chairperson who shall be assigned to day shift and shall be provided such time as is required to deal with the Collective Agreement issues as described in the “Letter of Understanding” on Union Representation.

Regular union/management meetings will be scheduled by the company and the company will provide the union committee with one-hour preparation time.

Union Representatives will be paid their regular wages (to a maximum eight (8) hours per day) for authorized time spent attending meetings with the company, including negotiations. The company is not responsible for time spent at arbitration hearings.

One of the duties of the Union representatives shall be to represent the Employees in the processing of grievances as outlined in the Grievance Procedure.

4.02 The Union will inform the company in writing of the names of the Committeeperson(s) including the Plant Chairperson, and any subsequent change in the names of the Committeeperson(s) and Plant Chairperson. The union has the right to designate an alternate and will so advise the company and the Company will not be required to recognize the Committeeperson(s) and Plant Chairperson until such notification from the Union has been received.

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4.03 The Company will grant reasonable time off with pay during working hours for the Plant Chairperson, or Union representative to directly participate in the investigation and adjustment of grievances, or contract administration. Such person or person(s) must request permission from their immediate supervisor to leave their workstations and must report back to their supervisor when they have completed their grievance activity. Employees who request to speak to their union representative will have this arranged by their supervisor within two (2) hours of the request.

(a) The Plant Chairperson will be granted 1.5 hours per day during his regular shift, paid by the company to conduct union business. This time is exclusive of time spent in Union/Management regular scheduled meetings or in regular scheduled grievance meetings. Should the Plant Chairperson be required to leave the facility during this time, he will notify the Human Resource Manager or his designate prior to leaving the plant.

4.04 When an employee is called to a meeting where the company is investigating that employee and that investigation could lead to discipline, he shall have a union representative present during any meeting or portion of meeting in which discipline is to occur.

4.05 Any union representative including the in-plant bargaining committee, the local President or the national Representative may enter the plant off-shift to conduct union business. The company must be notified prior to entering the plant.

4.06 The Company agrees to recognize a Negotiating/Bargaining Committee not to exceed four (4) Employees who will be from the Plant Committee, along with a Representative from the National Union, and/or the representative of Unifor Local 1256.

4.07 The Union will be allowed to post on a bulletin board, provided by the Company, notices approved by the Plant Chairperson, Officer of the Local Union, or the National Representative, regarding meetings and matters pertaining only to the Union. Before posting, all such notices must be approved by the Plant Manager or the Human Resources Manager.

4.08 It is agreed that the Union, its members or agents shall not distribute or cause to be distributed any handbills, pamphlets, literature, or Union material during working hours unless approved by the Plant Manager or the Human Resources Manager. The company will not unreasonably withhold permission.

4.09 Union representatives shall have top seniority during the term of office for the purpose of layoff and recall subject to having the ability to perform the available work.

ARTICLE 5 – STRIKES AND LOCKOUTS 5.01 The Union agrees that during the term of this Agreement, there shall be no

strikes, sit-downs, work stoppage, slowdown, or suspension of work, either

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complete or partial for any reason. The company agrees there shall be no lockout so long as this Agreement continues to operate.

5.02 The Union further agrees it will assist in ensuring that no work stoppage will result in Company's plants from any dispute, which may arise between any other employer and his employees.

5.03 The words “strikes” and “lockouts” as used herein are agreed to have the meaning defined in the Labour Relations Act.

ARTICLE 6 – GRIEVANCE PROCEDURE 6.01 A grievance is defined as an alleged violation of this Agreement or a dispute as

to the interpretation or application of any provision of this Agreement. 6.02 Any complaint alleging violation, misinterpretation or misapplication of the terms

of this Agreement relating to rates of pay, wages, hours of work or any other working condition shall first be taken up verbally by the employee with the employee's immediate supervisor.

If the employee is not satisfied with the response he may request to speak to the union representative on his shift.

The Committee person with the employee may hold a further discussion with the supervisor. If after this discussion has taken place, any alleged violation of the agreement which remains unsatisfied may then be reduced to writing by the committee, on the form provided by the Company and signed by the employee, and shall then constitute a grievance.

All grievances must identify the Article, Clause or Clauses of this Agreement, which are claimed to have been violated. No grievance will be invalidated for not meeting the requirements of this provision and will be processed on its merits once the grievance has been properly completed. It is agreed that the references to days and or working days in this Article 6 Grievance procedure are exclusive of Saturday, Sunday and Paid Holidays.

6.03 Step I. Within two (2) days, the written grievance, as defined above, will be

presented by the Committee person to the Department Manager.

Within two (2) working days of this presentation, the Committee person shall meet with the Department Manager and discuss the grievance. The Department Manager will render his/her decision personally, in writing, to the Committee person within (two) 2 working days of the meeting. Any settlement of grievances at this step shall be without prejudice or precedent.

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6.04 Step II. If no agreement is reached at Step I, then, within two (2) working days of

that decision the Plant Chairperson shall take up the grievance with the Plant Manager or his designate. Within two (2) working days of this presentation, the recipient will render his/her decision personally to the Chairperson, noting his/her conclusion in writing and countersigning the Grievance Form.

6.05 Step III. If no agreement is reached at Step II, then within five (5) working days

of that decision the Plant Chairperson may advance the grievance to the grievance meeting agenda by presenting it to the HR Manager.

6.06 The grievance will then be discussed at a regularly scheduled grievance meeting

between the Plant Committee and the Company. 6. 07 Within five (5) working days after such meeting, the HR Manager or his/her

designate, shall give a written answer on the grievance to the Plant Chairperson. 6. 08 At any time during this process the company and union may call on the Local

Union president and/or national Representative and the Corporate Industrial Relations Manager to try to resolve these issues.

6.09 Step IV. In the event that arbitration of a grievance which has been properly

processed through the Grievance Procedure is desired by either party, then the other party shall be notified in writing not later than thirty (30) working days after receipt of the reply given in writing on the grievance under Step III.

6.10 Grievances that involve suspension or discharge may be submitted directly to the

Human Resource Manager to be considered to be at Step Three (3) of the process.

An employee being discharged will be given the opportunity to meet with his shift Committee Person or a representative of the Plant Committee, for a reasonable period of time, not to exceed thirty (30) minutes, paid at the applicable rate, prior to leaving the plant. A claim by an employee with seniority that he has allegedly been wrongfully discharged may be recognized as a grievance, provided that a written grievance is filed, at Step Three of the Grievance Procedure within three (3) working days after the employee has been notified in writing of such discharge. A period of eighteen (18) months from the last date of issuance, of any disciplinary suspension given to an employee, will result in removal of said disciplinary action from the employee’s personnel record.

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A period of twelve (12) months from the last date of issuance, of any disciplinary warning or written reprimand given to an employee, will result in removal of said disciplinary action from the employee’s personnel record. On a group complaint, the Committee person shall first discuss such complaint with the immediate Supervisor. Either party may request that one employee from the group be present during such discussion. If the complaint remains unsatisfied, the Committee person may then reduce the complaint to writing and signed by the aggrieved employees, it shall then constitute a grievance. It is agreed and understood that all grievances must be presented, in writing, within five (5) working days from the time the alleged breach became known or should become known to the aggrieved employee or party. Time limits may be extended at any step of the process by mutual agreement.

6.11 Such grievance may then be referred to the appropriate impartial Arbitrator listed. 6.12 Grievances appealed to arbitration will be presented to the Arbitrators

hereinafter. Only grievances relating to the same violation or alleged violation of this Agreement may be grouped for such arbitration hearing before the appropriate Arbitrator. Submission of grievances to the Arbitrators will be determined in this order:

(a) By the date of the Company's reply to the grievance at Step III of the

Grievance Procedure.

(b) By the date the grievance was filed.

(c) By the grievance number.

Grievances concerning suspension, discharge, interpretation of the Agreement including Welfare Plan, shall be processed to arbitration prior to all other types of grievances unless mutually agreed otherwise. If the arbitration date with the arbitrator cannot be set within 120 days the party who requested the arbitration has the option to choose the next arbitrator from this list.

6.13 The following constitutes the list of the Arbitrators:

Prof. Wesley B. Rayner Peter Barton Anne Barrett R. Levinson

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6.14 The Arbitrator will set a date for the hearing, within reasonable time delays, to permit both parties to present their case and will render a decision as soon as possible after the completion of hearing all evidence.

The decision of the Arbitrator shall be binding and final upon both parties. The Arbitrator shall be restricted in his award to the provisions of this Collective Agreement, and shall not in its award add to, delete from, or otherwise alter or amend any provisions of the Agreement, or deal with any matter not covered by this Agreement.

Each party will equally bear the expense and fees of the Arbitrator. Any witnesses called by the parties will be at their individual expense.

Any grievance resolved or withdrawn and that decision is subsequently appealed through the Appeals Procedure established by the Unifor constitution or any other Appeals Procedure, and such appeal is upheld, the grievance shall be considered timely and will be processed to the next step of the Grievance Procedure.

ARTICLE 7 – UNION MEMBERSHIP & DUES

• All present employees, new hires and probationary employees, as a condition of employment, shall become and remain members of the Union, for the term of the agreement.

• Dues are defined for the purpose of this clause as the regular dues and initiation

fees as prescribed by the constitution of the Union.

• The Company will deduct from the pay cheque of each employee, regular weekly Union dues, and remit same to the financial secretary of Local 1256 Unifor Canada by the tenth (10th) of the month following the month in which the dues were deducted. An identical amount will be remitted monthly corresponding to the number of people in the temporary workforce by the tenth (10th) of the month.

• Initiation fees shall be taken off after the employee has completed the

probationary period and shall be taken off on a different pay period than the dues deduction period, immediately after an employee has completed his probationary period.

• The Company will, at the time of making each remittance, supply a list of the

names of each employee from whose pay deductions have been made and the amount deducted for the month including the name and status of any employee from whom the Company has made no dues deductions. This list will also

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indicate any employee whose employment is terminated, transferred out of the bargaining unit, or who has died.

• The Company agrees to supply the Unifor National Representative with a list of

all employees’ names, addresses, postal codes and telephone numbers upon ratification of the agreement and semi annually thereafter. The Company further agrees to provide the financial secretary of Local 1256 with a quarterly list of any changed addresses and postal codes along with names, addresses, postal codes and telephone numbers of new employees hired.

• A deduction of half of the regular dues shall be made from the pay of any

employee, in any month, where such employee has worked less than a total of forty (40) hours.

• Note regular dues are calculated as [ Two (2) hours & twenty (20) minutes ]

straight time pay X fifty two (52) weeks / twelve (12) months.

• The Company agrees to include on an employee's T-4 slip for income tax purpose, the total Union dues paid for the year excluding any initiation fees.

• The Union agrees to indemnify and save the Company harmless against all

claims or other forms of liability that might arise out of, or by reason of, deductions made or payments made in accordance with this collective agreement.

ARTICLE 8 – PROBATIONARY PERIOD 8.01 During their probationary period, probationers shall be subject to release by the

Company and the Company will have no responsibility for re-employment of probationers. Probationary employees shall have no rights of grievance under any terms of the Collective Agreement unless there is a violation of the Human Rights Code. The Plant Chairperson will be advised of the release of any probationary employee and the reason for such a release. The probationary period will be ninety (90) calendar days, from the first day of work.

Probationary employees who experience an approved medical leave during the such period will have their probationary period extended by the equivalent number of working days missed. It is understood that this medical leave of absence will not exceed time worked in the plant.

ARICLE 9 – SENIORITY

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9.01 The term “seniority,” as used herein, shall mean accumulated time from the original date of hire in this facility, unless interrupted by circumstance detailed in any clause in this collective agreement as agreed upon by the parties.

9.02 In the case of equality in seniority ranking, seniority shall be determined by the lowest employee number. Employee numbers will be randomly selected by lottery method during the hiring process for the purposes of this clause.

9.03 An employee will lose his seniority and his employment with the Company will be terminated for any of the following reasons:

a) If he voluntarily quits.

b) If he is discharged and not reinstated through the grievance procedure.

c) If he retires.

d) If the employee is absent without Company approved leave of absence, for more than three (3) consecutive working days (excluding premium days), without satisfactory medical evidence.

e) If an employee has been laid off and does not return to work within five (5) days of notification by phone or from delivery of the first notice of the registered letter, advising him to report for duty. A copy of the registered letter will be provided for the Plant Chairperson at the time of mailing.

f) If an employee is laid off due to lack of work and not recalled for a period of service to a maximum of forty-eight (48) months.

9.04 It shall be the responsibility of the employee to notify the Company promptly of any change in their address and telephone number (listed or unlisted) in a manner determined by the Company. If any employee fails to do so, the Company will not be responsible for failure of any contact or written notice or e-mail to reach such employee. A copy will be sent to the Local Union President.

9.05 The Company agrees to post quarterly an up-to-date seniority list. A copy of the seniority list will be provided for the Plant Chairperson and to the Local Union President.

ARTICLE 10 – LAY OFF

In the event management determines the necessity to reduce the numbers of employees on a shift, in a classification in the plant, the following procedure shall be followed:

10.01 Students, then temporary employees and then probationary employees will be laid off first. This will not apply to employees in skilled trades classifications, if that classification is not being reduced.

10.02 The posting of the notice of layoff will serve as notice to both the employee being removed from the job classification and to all junior employees. They will have the same notice of layoff date whether they leave their job classification and do not bump, or whether they are bumped. Any employee desiring a voluntary

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layoff within their affected classification may apply for a voluntary layoff by notifying the HR Manager in writing within 24 hours from the time of the posting

10.03 On the basis of their seniority, senior employees affected by the reduction in workforce will displace the most junior employee, providing they are able to perform the work. after a two-week training period.:

First, within their classification and shift, or where there is no one more junior in their classification and shift, Second, the most junior person regardless of shift.

10.04 In cases of a temporary layoff, not to exceed five (5) working days, an employee may be laid-off without regard to seniority, except between employees in the same classifications, and on the same shift. The company will provide an option to be laid off according to the inverse order of the classification seniority, on the shift, providing the remaining employees are able to satisfactorily perform the available work.

10.05 Employees may be kept out of seniority for a maximum of thirty (30) days during a lay off for the purpose of training of replacements. This training period may be extended by mutual agreement between the company and the union.

10.06 When an employee returns to work from a non-occupational illness or injury, occupational illness or injury, or other company approved leave of absence, they will be reinstated in their former job and/or classification and shift, seniority permitting, if such position exists. If no such position exists, they will exercise seniority per Clause 10.03.

10.07 If no work is available because of fire, power outage, Act of God, or for any other reason beyond the control of the Company, employees may be laid off and the layoff notice provisions will not apply. All other provisions of the Collective agreement will apply.

10.08 The Company must give a minimum of two (2) working days’ notice of an extended layoff to the affected employees and the Plant Chairperson.

ARTICLE 11 – RECALL 11.01 When the work becomes available, employees on layoff shall be recalled to work

in accordance with their seniority on the seniority list in the reverse order of layoff, provided they are able and willing to satisfactorily perform the work available. If the recall is occurring within one year of the laid-off employee’s last day of work, that employee may be recalled to the classification held at the last day of work. If an employee refuses this recall it shall be considered that he/she has terminated his/her services with the Company except in the case of a recall, which is of a known temporary duration to a maximum of fifteen (15) working days.

11.02 When more than one employee is involved in any step of the same layoff or recall procedure, employees will be given the choice of jobs involved by seniority.

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11.03 Employees who accept voluntary layoff will return to work at a maximum thirteen (13) weeks unless recalled by the company within that time.

ARTICLE 12 – JOB POSTING 12.01 If a permanent job vacancy exists, or new job classifications are created in the

plant, such openings shall be posted on the plant bulletin boards for a period of three (3) working days, during which time regular employees at work in the plant may make application for such job vacancy. The company will forward a copy of the Job Posting to the Union prior to posting. For those employees who are absent, the affected employee will contact the chairperson and authorize the chairperson to post on that employee’s behalf.

12.02 The successful applicant will be required to perform the work no later than ten (10) working days after the date that the posting is awarded. If the employee is unable to fulfill the terms of this section, the Company will select the next senior applicant that qualifies from the job applications.

12.03 Employees shall be permitted to bid for other job classifications except that the successful employee shall be entitled to only one (1) such transfer every six (6) months, as a result of obtaining such job transfer by job posting.

12.04 Employees bidding for a permanent job vacancy shall be considered by the Company, at the time of the job positing on the basis of plant seniority, skill and ability. For the classifications of Team Leader, Material Handling, Quality Control, and Skilled Trades employees will be required to have successfully completed a predetermined skill based test, and must be capable of performing the job after the training period. Where applicants have passed the threshold qualification requirements, seniority will be the deciding factor.

12.05 Should the successful applicant, after having received the training, be unable to perform the job within thirty (30) working days, that employee will be returned, consistent with his/her seniority, to the classification, and shift she/he was employed prior to the transfer. The trial period may be extended by mutual agreement between the Company and Union. The Company will select the next eligible employee from the job positing applications, if any.

12.06 All subsequent vacancies created by successful job bidding will be filled by job posting.

12.07 Nothing contained in the Article shall be construed to limit the Company’s right to hire new employees from outside the plant if there are no bargaining unit members on layoff, or if there are no qualified employees within the bargaining unit to fill the vacancy.

ARTICLE 13 - TEMPORARY ASSIGNMENTS/TRANSFERS 13.01 Backup positions are full time placements used to cover absences in the event of

illness, customer schedules, training, and other similar short term supplemental

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needs (less than 30 sequential days). Backup positions will be filled by someone from the product assembler classification and will be selected from the same shift. Selection will be based on job posting guidelines.

The successful employee is trained in the selected job title and classification and upon completion of training, the employee is to return to the product assembler position, at their product assembler rate. While performing the work of the backup the employee shall be paid at their current rate or the backup rate, whichever is higher.

13.02 A transfer shall be considered temporary provided it does not exceed thirty (30) working days. If such transfer exceeds this period (except in the case of a modified duty assignment or as per 13.03), it will be declared as a permanent vacancy and posted for job bidding. The thirty (30) day limit may be extended by mutual agreement based on the reason for the vacancy.

13.03 Where there is not a back-up available, vacant jobs created as a result of illness, injury, or occupational accident or illness, or leave of absence greater than 30 days, shall not be posted as permanent vacancies and will be filled by the posting procedure on a temporary basis. The temporary posting will be cancelled when the employee on leave returns to work and the employee filling the position will revert back to their original classification.

13.04 An employee may be transferred to a position outside the bargaining unit for a period of up to twelve (12) months. The employee will continue to accumulate seniority for a period of up to twelve (12) months following the date of transfer. Should the employee be returned to the bargaining unit he/she shall be returned to their former classification and shift. Should the employee not be returned to the bargaining unit within twelve (12) months of the transfer, he/she shall forfeit all seniority.

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ARTICLE 14 – PAID HOLIDAYS 14.01 The following shall be considered as paid holidays under the terms and conditions of Article 14 of this Collective Agreement:

Year 1 Year 2 Year 3 Year 4

Good Friday Friday, April 18, 2014

Friday, April 3, 2015

Friday March 25, 2016

Friday, April 14, 2017

Victoria Day Monday, May 19, 2014

Monday, May 18, 2015



Canada Day Monday June 30, 2014

Friday., July 3, 2015

Friday, July 1, 2016

Friday, June 30, 2017

Civic Holiday Monday, Aug. 4, 2014

Monday, Aug. 3, 2015



Labour Day Monday, Sept. 1, 2014

Monday, Sept. 7, 2015



Thanksgiving Monday, Oct. 13, 2014

Monday, Oct. 12, 2015



Christmas Eve Day

Weds. , Dec. 24, 2014

Thurs., Dec. 24, 2015

Friday, Dec 23, 2016

Friday , Dec. 22, 2017

Christmas Day

Thurs, Dec. 25, 2014

Friday, Dec. 25, 2015

Monday, Dec 26, 2016

Monday., Dec. 25, 2017

Boxing Day Friday, Dec 26, 2014

Monday., Dec 28, 2015

Tuesday Dec 27, 2016

Tuesday, Dec 26, 2017

Christmas Holiday

Monday., Dec 29, 2014

Tuesday., Dec 29, 2015

Weds. Dec 28, 2016

Weds, Dec 27, 2017

Christmas Holiday

Tuesday., Dec 30, 2014

Weds., Dec 30, 2015

Thurs. Dec 29, 2016

Thurs. , Dec 28 2017

Christmas Holiday

Weds., Dec 31, 2014

Thurs, Dec 31, 2015

Friday, Dec 30, 2016

Friday., Dec 29, 2017

New Year’s Day

Thurs. , Jan 1, 2015

Friday, Jan 1, 2016

Monday Jan. 2, 2017

Monday , Jan 1, 2018

In Year 1 Canada Day move from Tuesday to Monday June 30 for three day weekend

Year 2 Canada Day move from Wednesday to Friday July 3 for three day weekend

14.02 Any employee who does not work the entire last scheduled working day immediately preceding and the entire scheduled working day immediately following any of the Paid Holidays listed in Clause 14.01, shall not be entitled to pay for the Holiday, unless stated in the Clause 14.07. The company will review

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each circumstance of any absence which disqualifies an employee from receiving the Holiday payment and if satisfied with the detailed reasons for the absence will authorize payment based on those circumstances. An employee who declares an emergency leave day or part day and who presents proof that he qualifies for such a day shall be paid for the holiday.

14.03 An employee will also not be paid for a Paid Holiday if that employee:

(a) has been laid off. (b) is receiving Worker’s Compensation. (c) is on paid sick leave absence from the Company. (d) is on any approved long-term leave of absence from the Company except as

provided for in 14.07..

14.04 Employees eligible for payment of a Paid Holiday will be paid a normal day’s pay on the basis of the applicable hourly rate of the job to which they are assigned the day prior to the Holiday, up to a maximum of eight (8) hours on their regularly scheduled shift if they work on a steady shift.

14.05 If a Paid Holiday falls within an employee’s annual vacation, an employee may request to be allocated an additional day in his vacation or may schedule the day at another time.

14.06 If any of the Paid Holidays listed in Clause 14.01 falls on a Saturday or a Sunday (and has not been replaced by another day by statute or decree), such Holiday will be observed either on the previous Friday, or the following Monday.

14.07 An employee laid off or recalled within fifteen (15) days of a holiday will be paid for the Holiday as per 14.02.

ARTICLE 15 – VACATIONS 15.01 Vacations with pay shall be granted to employees, provided that they have

seniority on July 1 of the following year. 15.02 Vacation schedule

Employees are entitled to vacation time corresponding to the relevant length of service below, attained in the vacation year noted above:

• 6 months but less than 1 year 5 days • 1 year but less than 2 years 11 days • 2 years but less than 3 years 12 days • 3 years but less than 4 years 13 days • 4 years but less than 5 years 14 days • 5 years but less than 6 years 15 days • 6 years but less than 7 years 16 days • 7 years but less than 8 years 17 days • 8 years but less than 9 years 18 days

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• 9 years but less than 10 years 19 days • 10 years or more 20 days Employees will be entitled to vacation pay corresponding to the relevant length of service below, which will start to accrue from July 1;

• Less than 1 year 4.0% • 1 year but less than 2 years 4.4% • 2 years but less than 3 years 4.8% • 3 years but less than 4 years 5.2% • 4 years but less than 5 years 5.6% • 5 years but less than 6 years 6.0% • 6 years but less than 7 years 6.4% • 7 years but less than 8 years 6.8% • 8 years but less than 9 years 7.2% • 9 years but less than 10 years 7.4% • 10 years or more 8.0%

15.03 Vacations are scheduled and approved by the company. The scheduling of

vacations will be based on the necessity of maintaining an efficient operation. Every effort will be made to grant the employee’s request, considering the needs of production.

a) The Company and the Union agree that the Peak Summer Vacation Period falls between the first Monday of July and ending the first Monday in September. Any vacation for this Peak Summer Vacation Period must be approved through the processes described at this Article 15.03 (Peak Summer Vacation Period) or Article 15.05 (Partial/Full Shutdown).

By January 30th, the Company will post a notice for initial vacation sign-up for the Peak Vacation Period identifying available vacation openings by classification and shift. The Company will allow employees to have available vacation openings based on:

Up to ten (10) percent of the active non-maintenance employees on the shift, and up to fifteen (15) percent on the shift during the Peak Vacation Period.

Note: it is agreed that other leaves of absence do not take a portion from the vacation percentage.

No later than February 15th, employees will request vacation for the Peak Summer Vacation Period. Those requests will identify consecutive Normal Workweeks (as defined in Article 15.01) to a maximum of two (2) and up to three (3) priority choices during the Peak Summer Vacation Period.

No later than February 28th, the Company will advise the employees by seniority of approved vacation. Once approved, every reasonable effort will be made to honour the approved vacation.

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b) The Company will notify the Union and employees of any available weeks of vacation during the Peak Summer Vacation Period no later than March 1st. No later than March 15th, employees will request vacation for any available Peak Summer Vacation openings.

No later than March 31st, the Company will advise employees by seniority of approved vacation under the updated summer vacation schedule.

c) All vacation requested during this Peak Summer Vacation Period in accordance with Article 15.03 (a) will be booked in one (1) normal workweek blocks.

Approved vacation scheduled in the Peak Summer Vacation Period cannot be cancelled by the employee.

d) Following the March 31st, approval of Peak Summer Vacation and for the balance of the vacation year (i.e. outside the Peak Summer Vacation Period), sign up will be in accordance with Article 15.08.

15.04 Employees must cancel any approved vacation outside of the Peak Summer Vacation Period at least fifteen (15) days prior to the scheduled commencement of that approved vacation.

15.05 (a) If the company forecasts a partial/full shutdown period during the Peak Summer Vacation Period, the Company will make an effort to announce the schedule by March 1st, however in no event will the employees receive the planned Shut Down announcement after April 30th. Employees will be required to use their vacation during this partial/full shutdown period. Where production requirements do not permit all employees to take vacation, the Company will ask for volunteers. In the event there are insufficient volunteers, the most junior member(s) based on seniority and ability to perform the available work (defined by Letter of Understanding #1 Able to Perform), will be scheduled to work the shutdown period after probation employees, students and temps employed at that time have been made aware of their mandatory attendance, in the classification(s) required.

b) In the event, the Company schedules a partial/full shutdown, employees must utilize earned vacation credits to cover the partial/full shutdown period. Any additional earned vacation credits employees have remaining will be applied to approved vacation for the remainder of the Peak Summer Vacation Period or will remain available for booking at other times of the year. Any vacation that was previously scheduled that exceeds the employee’s earned vacation credits utilized for the full/partial shutdown period will be cancelled.

15.06 All employees may take their vacation in the next vacation year, July 1 to June 30, within the twelve (12) months after it is acquired.

Employees who have been laid off for thirty (30) days or more and are recalled may not be approved to take vacation leave before completing 60 calendar days.

15.07 Vacation pay will be paid to the employee as vacation is taken. Employees will be required to take a minimum of two (2) weeks vacation, providing that they have the earned credit.

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15.08 Vacation requests must be submitted forty-eight (48) hours prior to using the time or unless otherwise mutually agreed to by the Company and the Union. Vacation time must be used in eight (8) hour increments. All vacation monies left over from previous vacation accrual year will be paid out by June 30th of the following year.

15.09 Employees who have a verified illness, injury or bereavement during a period of vacation may reschedule the time if they report such illness or injury immediately.

ARTICLE 16 - HOURS OF WORK 16.01 The normal hours of work will be eight (8) hours per day and forty (40) hours will

constitute a normal workweek. The normal workweek will be comprised of five (5) consecutive workdays; Monday through Friday.

Hours of work for a normal one or two shift operation are:

Day shift 6:25 a.m. - 2:55 p.m. Afternoon shift 2:50 p.m. - 11:20 p.m. Midnight shift 11:15 p.m. – 6:30 a.m.

Hours of work for three-shift schedule:

Day shift 6:25 a.m. – 2:25 p.m. Afternoon shift 2:25 p.m. – 10:25 p.m. Night shift 10:25 p.m. – 6:25 a.m.

Hours of work for material handling/shipping/receiving

6:25 a.m. - 2:55 p.m. and 9:00 a.m. - 5:30 p.m.

Normal production shifts will commence at after 10:00 p.m. on Sunday

Employees are responsible to clock (swipe) in and out of the facility to document their hours of work.

16.02 In the event it becomes necessary for the Company to change the starting and stopping times of the normal shifts, or establish new shifts, the Company will provide the Union (in writing) a minimum of two (2) weeks notice. The company may schedule departments or certain positions to begin and commence their shifts at different times after having meaningful discussions with the union. Any shift change by position will be offered by seniority.

16.03 This statement of the normal hours of work shall not be construed as a guarantee of any minimums or as a restriction of any maximum number of hours of work per week, except as otherwise provided in this Collective Agreement.

16.04 (a) In a one (1) or two (2) shift schedule, First and Second shift shall have two (2) fifteen (15) minute unpaid rest periods in each shift and a twenty (20) minute paid lunch period approximately midway through the shift. The Third shift shall have two (2) unpaid ten (10) minute rest periods in each shift and a twenty (20) minute paid lunch period approximately midway through the shift.

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(b) In the event the Company decides to modify the work schedule to work two (2) ten (10) hour shifts, he Company agrees to notify the Union sixty (60) days prior to such change in schedule unless unforeseen circumstances arise resulting in less than a sixty (60) day notice.

c) If an employee is required to work more than a half an hour beyond their scheduled shift, there will be another ten (10) minute paid break at the start of the overtime.

Assigned lunch times and break times may be adjusted to support customer schedules or productivity as required.

16.05 New hires will be assigned to a shift no later than thirty (30) calendar days following their first day of work. When required, new hires may be assigned to the day shift for purposes of initial training and orientation for a period of up to thirty (30) calendar days. Within those thirty (30) days the new hire will be assigned to a new shift as determined by operational requirements and seniority.

16.06 Requests for a temporary shift switch will be submitted to the Supervisor on the required “Shift Switch” form and must be approved by both shift supervisors, twenty-four (24) hours in advance of the switch.

When two (2) employees who are able to perform the respective jobs, agree to temporarily switch shifts, the Company will not unreasonably deny the request.

ARTICLE 17 – OVERTIME 17.01 For the purpose of computing pay as provided in this Agreement an employee will

be compensated on the basis of each workday. Each workday will be a complete unit and will stand on its own. Overtime rates of pay will not be pyramided. Premium rates of pay will not be pyramided. Straight time will be paid for the first eight hours worked in any workday, Monday through Friday except as otherwise provided for in this Agreement.

a) Time and one-half will be paid for:

i) All hours worked over eight (8) in the employee's workday except as in (iii). ii) All hours worked on Saturday, as established by the employee's workday. iii) All hours worked in excess of eight (8) hours when an employee through no fault of the Company fails to work his eight (8) hour shift and then is called in for additional work during his workday. He will be paid straight time for such work until he has worked a total of eight (8) hours in his workday.

b) Double time will be paid for:

i) All hours worked on Sunday, as established by the employee's workday. ii) All hours worked on a holiday as recognized by this Agreement.

17.02 Work performed on any Paid Holiday listed in Clause 14.01 of the Collective Agreement will be paid for at the rate of two (2) times the base hourly rate, for all hours worked

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17.03 The Company will schedule overtime applying the following criteria; shift required, classifications needed and seniority. Employees volunteering for overtime must accept the total hours offered.

17.04 Prior to exercising mandatory overtime, employees from other shifts will be offered the overtime hours. When there are insufficient volunteers for the required overtime, the Company will schedule the number of employees required, starting with the employees with:

The least seniority; and On the shift were the overtime work is required; and, In the classifications in which the overtime work is required.

Note: the Employment Standards Act requirements for time off between shifts make it necessary to separate shifts, creating separate Mandatory Rotating Mandate Lists for the day shift apart from the afternoon shift.

a) The next time there is a need for a required number of employees to work the next required overtime shift, the Company schedule will use a Mandatory Rotating List which commences within the shift and for the classifications needed to work, starting from the least senior employee who did not work the immediate and previous required overtime date.

b) In the event the overtime work requirement demands that the whole employee complement on the shift work overtime, in other words that the whole shift is mandated, the Rotating List is deemed not to have been applied. For greater clarity, the Mandatory Rotating Overtime Scheduling List is only applicable in circumstances where there are insufficient volunteers for the required overtime.

17.05 When voluntary overtime is scheduled:

a) Volunteers will be asked starting with the most senior employees, rotating through to the most junior employee with seniority.

b) The parties agree to maintain a Voluntary Overtime Rotation List starting with the most senior employee rotating through to the most junior employee with seniority.

17.06 In the event that mandatory overtime is required, employees will be scheduled from the Mandatory Rotating Overtime Schedule List after qualified students, temps and probationary employees employed at that time have been made aware of their mandatory attendance, in the classification(s) required.

17.07 The Voluntary and Mandatory Overtime Rotation Lists will be reset on the first regularly scheduled shift of every New Year.

17.08 Once overtime is scheduled for an employee the time is treated as a normal workday

17.09 When reasonably practical 24 hours notice will be given for available overtime work.

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17.10 Overtime premiums shall not be paid more than once for any hours worked, and there shall be no pyramiding of overtime or pyramiding of shift premium.

17.11 Employees can sign up for five (5) weekend-days in the calendar year in which they will be exempt from mandatory overtime. Any weekend-day signed must be scheduled fourteen (14) days, except for time during the Peak Vacation Period, which require the request be submitted thirty (30) days in advance.

The Company will grant requests on a first-request basis. The Company will grant requests on the same principles as vacation leave scheduling. Once approved, the signed weekend-day cannot be cancelled.

The five (5) weekend-days are spent regardless of whether or not mandated overtime has been worked on the signed weekend-day.

ARTICLE 18 - REPORTING-IN PAY 18.01 Any employee who has not been notified in advance “not to report for work,” and

who reports for his regular scheduled shift, will be given at least four (4) hours work. If no work is available, he will be paid for a minimum of four (4) hours at his base hourly rate.

18.02 The obligation of the Company will not prevail: (a) If no work is available because of: (i) A power shortage or a failure of power supply beyond the control of

the Company. (ii) A fire or Act of God (b) If the employee has not kept the Company informed of his current address and a telephone number.

ARTICLE 19 – EMERGENCY CALL-BACK PAY 19.01 An employee who has completed his full daily shift, and has left the plant

property, and is called back to perform additional or emergency work, will be paid for the time actually time worked or a minimum of four (4) hours pay at the applicable rate, which ever is greater. This article is not applicable to overtime scheduled before or after a shift.

If the work for which the employee is called in to perform has been completed, the employee is allowed to leave the plant.

ARTICLE 20 – SICK LEAVE OF ABSENCE 20.01 Employees who are permitted to go home due to non-occupational illness or

injury will not be paid for the remainder of their shift.

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20.02 Employees who are absent must call in each day prior to their regularly scheduled shift until they provide satisfactory medical evidence of their continuing absence.

20.03 Any employee’s reinstatement after sick leave is conditional on his supplying a certificate from a physician that he is able to return to work.

20.04 When such an employee returns to work, he shall be reinstated to his former classification, and shift (if possible) under the seniority provisions of the Collective Agreement. In the event of a dispute between two physicians concerning a short term disability claim the validity of a non-occupational illness or injury, the Company and Union will select a third party physician, and his opinion will be binding on the parties. The third party physician will rule if the employee can return to work, return work with restrictions, or cannot return to work.

20.05 The Company will not pay for physician’s fees for completion of the initial U.I.C. or Insurance carrier medical forms. Any additional medical evidence after the first submission, being requested by the Company or the Carrier, will be paid by the Company, provided that the initial claim form has been completed as required. If the employee cannot meet the return to work date or there is no return date specified, as indicated on the disability form, any request for additional medical evidence will be paid by the employee.

ARTICLE 21 – PERSONAL LEAVE OF ABSENCE 21.01 A personal leave of absence, without pay, for a valid reason, acceptable to the

Company, may be granted for a period of at least five (5) calendar days but not to exceed one (1) calendar month, and such application is made to the Plant Manager, or his representative, at least five (5) days prior or as soon as possible to the leave of absence, in writing, and written approval is obtained from the Human Resource Manager, or his representative. The Company agrees to consider all requests under this Article, for all employees, in a fair and equitable manner, taking into consideration business and operating requirements. Employees applying for Personal leave of Absence must have used up all of their vacation credits provided by Article 15 of the Collective Agreement. The company may extend the leave of absence. Leaves extended beyond one hundred and eighty (180) days will be mutually agreed by the company and the union.

21.02 The Company will grant unpaid leave of absence, without loss of seniority for any senior employee who qualifies for:

Family Medical Leave (known as Compassionate Care Leave under federal law) ; or, Military Reservist Leave; or, Organ Donor Leave; or,

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Personal Emergency Leave; or, Pregnancy and/or Parental or Adoption Leave.

In accordance with the terms and conditions of the Employment Standards Act, and as applicable, the Employment Insurance Act.

21.03 An employee who has seniority and is appointed or elected to a Union or a Public Office will be granted unpaid leave of absence and without benefit and pension coverage, covering the term of office. The request must be in writing and submitted to the company at least two (2) weeks prior to the commencement of the term. The leave will be extended for the period covering the first re-election term. The employee will provide the Company with two (2) weeks’ notice of their intent to return to work. The employee shall be returned to work consistent with their seniority.

ARTICLE 22 – LEAVE FOR UNION BUSINESS 22.01 An employee elected or nominated by the Union to attend Union Conventions or

Meetings may be granted a leave of absence, without pay, for a period not to exceed up to fifteen (15) working days (unless mutually agreed to an extension), and the Human Resource Manager is given a minimum of five (5) working days’ notice, in writing, of such absence, and not more than three (3) employees shall be granted such leave of absence at any one time.

ARTICLE 23 - BEREAVEMENT LEAVE OF ABSENCE 23.01 When a death occurs in the immediate family of an employee (parents, current

spouse’s parents, current spouse, children, step-children, step-parents, grandparents, grandchildren, brothers, step-brothers, sisters, step-sisters, half-brothers, half-sisters, son's current spouse, daughter's current spouse, current spouse's step-parents, great grandparents), the employee shall be allowed up to five (5) days off with regular straight time pay at the time of bereavement.

23.02 The Company will grant to an employee who suffers a death in his/her family (brother-in-law, sister-in-law, current spouse’s grandparents) a leave of absence with full pay for one (1) working day following the death.

23.03 The employee will notify his immediate supervisor or Human Resources as required in the event of a bereavement leave approval is required.

23.04 Such paid bereavement leave as described in Clause 23.01 is only available where the employee would otherwise be at work during this period (excluding Saturdays, Sundays, vacations and holidays) surrounding the date of the funeral.

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23.05 If a bereavement occurs during a vacation period the employee may extend the vacation by the number of bereavement days. If a Holiday falls during the bereavement leave, the bereavement leave will be extended.

23.06 The Company may request proof of death.

ARTICLE 24 – JURY/CORONER DUTY 24.01 An employee who is called for Jury/Coroner service or is subpoenaed to court as

a witness shall be excused from work for the days on which he serves and he shall receive, for each such day of jury/coroner service duty or witness duty on which he, otherwise, would have worked, the difference between eight (8) times his base hourly rate and the payment he receives for Jury/Coroner service duty or witness duty. In order to receive payment, an employee must give management prior notice that he has been summoned and present proof of service and the amount of Jury/Coroner service duty fee paid by the court or witness fee. If an employee is on jury duty during the vacation period or recognized holiday, he/she will be entitled to re-schedule his/her vacation or recognized holiday. This also applies to an employee who is working afternoons or midnights who has reported to jury duty during the off shift. Such employee will be granted the day off with pay the shift prior to or shift following to the day he or she reports for to the court.

ARTICLE 25 – APPRENTICES 25.01 Apprentices in each of the trades covered shall be paid a progressively

increasing schedule of wage as follows: 1st 1000 hours not less than 65% of the Journeyperson rate 2nd 1000 hours not less than 70% of the Journeyperson rate 3rd 1000 hours not less than 75% of the Journeyperson rate 4th 1000 hours not less than 80% of the Journeyperson rate 5th 1000 hours not less than 85% of the Journeyperson rate 6th 1000 hours not less than 90% of the Journeyperson rate 7th 1000 hours not less than 95% of the Journeyperson rate 8th 1000 hours not less than 98% of the Journeyperson rate

An employee with seniority rights who enters the apprenticeship program will remain at his/her current hourly rate until such time as the percentage (%) of the Journeyperson rate is greater of the two and will continue to progressively increase as per the above

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chart. A new hire placed directly into an apprenticeship will begin at 65% of the Journeyperson rate and progress according to the apprentice wage schedule. Employees who complete their apprenticeship will have twelve (12) months to obtain their journeyperson card by completing the Provincial or applicable test or exam. This time may be extended by mutual agreement between the Company and the Union.

ARTICLE 26 – BULLETIN BOARDS 26.01 The Company will provide a lockable centrally located bulletin board for the

convenience of the Union in posting notices of Union meetings and Union Business. All such notices must be signed by the proper officer of the Union and submitted to the Plant Manager or Human Resources Manager for approval before being posted.

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LETTER OF UNDERSTANDING #1 – ABLE TO PERFORM January 22, 2008 Steve Farkas Area Director UNIFOR Dear Steve SUBJECT: ABLE TO PERFORM During our recent negotiations the parties discussed employees performing the duties of a job. Able to perform is interpreted to mean the employee’s ability to perform the duties of his/her position after proper training and trial period. Normal performance would include the employee’s physical ability to meet standards of production, quality and quantity generally accepted as adequate for employees in the same or other like jobs. Sincerely Paul Teeple Manager Industrial Relations Europe and Canada Dana Canada Corporation

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LETTER OF UNDERSTANDING #2 – ACCOMMODATED WORK February 26, 2008 Steve Farkas Area Director UNIFOR Dear Steve SUBJECT: ACCOMMODATED WORK From our recent negotiations, this letter confirms our agreement that the Company will continue to develop our return to work and modified work programs in conjunction with our Local Union Committee. Sincerely Paul Teeple Manager Industrial Relations Europe and Canada Dana Canada Corporation

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LETTER OF UNDERSTANDING #3 – COOLING OFF PERIOD January 24, 2011 Angus MacDonald, President UNIFOR Local 1256 Dear Angus SUBJECT: COOLING OFF PERIOD During our 2008 negotiations the union expressed concern regarding an employee who may quit in a hasty manner and later regret the decision. The Company agreed that in the event that an employee quits in haste or under duress, without a letter of resignation, there shall be a twenty-four (24) hour cooling off period before the release will be processed. This does not preclude the company from enacting disciplinary procedures. Should the employee rescind the quit, a meeting must be held with the Human Resource Manager, a Committeeperson and the employee before the return to work. The cooling off period will not be allowed more than once for any employee. Sincerely, Rich Whiting Senior Manager Human Resources Dana Canada Corporation

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LETTER OF UNDERSTANDING #4 – EMPLOYEE ASSISTANCE January 21, 2008 Steve Farkas Area Director UNIFOR Dear Steve SUBJECT: EMPLOYEE ASSISTANCE During our 2008 negotiations the company and union discussed at length the issues of potential substance abuse in our facility and the resulting effect on our people, their families, their fellow employees, the productivity of our plant and the resulting negative impact. The Company recognizes the importance of a continuous co-operative effort between management, Union representatives and our employees in this regard. The Company agreed to work with the UNIFOR to recognize an Employees Assistance Representative, appointed by the union. This individual would have specific knowledge and training in dealing with people who suffer from substance abuse. The parties understand that information obtained by this representative must be treated in a confidential manner and can only be shared with the Human Resources Manager. The Company understands that the representative may from time to time, require with pay time off the job and/or away from work in order to assist employees. Should this occur the employee would be paid the balance of a shift (maximum eight (8) hours). The parties agree that these efforts will help provide our people with an easy and convenient opportunity to access the assistance they may require, which is a critical step in any recovery process. Employees who are under physician prescribed care may be eligible for STD or LTD during the treatment period. Sincerely Paul Teeple Manager Industrial Relations Europe and Canada Dana Canada Corporation

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LETTER OF UNDERSTANDING #5 – HEALTH, SAFETY AND ENVIRONMENT February 19, 2008 Steve Farkas Area Director UNIFOR Dear Steve SUBJECT: HEALTH, SAFETY AND ENVIRONMENT During our recent negotiations the parties discussed the issues of Health and Safety process in the facility. The following processes will be followed. Company Duties The company shall institute and maintain precautions to provide every worker a safe and healthy workplace. The Company will make every effort to comply in a timely manner with all applicable legislation pertaining to Occupational Health and Safety. All standards established under these laws must constitute the minimum acceptable practice, which the parties will strive to improve upon by agreement of the members of the Joint Health, Safety and Environment Committee. Joint Health, Safety and Environment Committee A Joint Health, Safety and Environment Committee shall be established which is composed of a minimum of four (4) union members chosen by the union and an equal number of company members. Two co-chairpersons shall be members of the committee. One co-chair shall be a union member selected by the union the other shall be a company member. Without limiting the generality of the foregoing, the committee shall: Determine that inspections have been carried out at least once a month by the co-chairs, accompanied by the appropriate members of the Joint health and Safety Committee. These inspections shall be made of all places of employment, including buildings, structures, grounds, excavations, tools, equipment, machinery and work methods and practices including ergonomic assessments. Recommend measures required to attain compliance with appropriate government regulations and the correction of hazardous conditions.

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Consider recommendations from the workforce with respect to health and safety matters and recommend implementation where warranted in conjunction with OHSAS 18001 regulations. Hold JHSC meetings at least once a month and include the review of reports of current accidents, occupational diseases and sprain and strain injuries, their causes and means of prevention; remedial action taken or required by the reports of investigations or inspections, and any other matters pertaining to health and safety. Record the minutes of the meetings, which shall be signed by the co-chairs, distributed to the committee members, posted on the bulletin boards and sent to the plant manager, local union and national union representative. Have access to and promptly receive copies of all reports, records and documents in the company's possession or obtainable by the company pertaining to health or safety. All new equipment must be inspected by a union certified member designated by the union along with the company certified member and this equipment must be signed off by a certified member before production is started. Time spent by members of the committee in the course of their duties shall be considered as time worked and shall be paid in accordance with the terms of this agreement. Right to Refuse The company shall ensure that all employees are informed that they have the right to refuse hazardous work which may harm them or any person and that signs are posted in the workplace advising them of this right. When a worker exercises his or her right to refuse, he or she shall notify the supervisor who shall promptly notify the union co-chair or designate and the company designated member who shall participate in all stages of the investigation. The worker shall stand by at a safe place and participate fully in the investigation of the hazard as required and then may be reassigned. The company shall ensure that no other worker is asked or permitted to perform the work of the worker who refused unless the second worker is advised of the reasons for the work refusal in presence of the co-chair and refusing worker. If the union co-chair and the supervisor cannot agree on a remedy to the work refusal, the government inspector shall be called in.

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Accident and Incident Inspections Every injury or near-miss which involved or would have involved a worker going to a doctor or hospital must be investigated. The co-chairs or designate shall investigate the accident or incident. Education and Training No employee shall be required or allowed to work on any job or operate any piece of equipment until he/she has received proper education, training and instruction. All members of the Joint Health Safety and Environment Committee will be trained as Certified Members although only one may function at any given time. The Union will determine who will be recognized as the union Certified Member. Ongoing training of employees in safety and ergonomics issues will be discussed by the parties and the company will consider using the resources of the National Union and internal trainers to update the knowledge of the employees. Disclosure of Information The Company will continue to disclose the identity of all known physical agents, toxic materials or other hazardous substances to which workers are exposed prior to the material entering the plant. Any pertinent information such as symptoms, medical remedies, antidotes, required protective equipment, storage hazards etc., will be made available to the Committee. WHMIS training will continue to be done annually. Right to Accompany Inspectors The union co-chairperson or designate shall be allowed to accompany a government inspector on an inspection tour and to speak with the inspector out of earshot of any other person. Right to Accompany National Union Health and Safety Representative The union co-chairperson will accompany the National Union Health and Safety Representative(s), who, with prior advance notice, will have access to the plant and locations where members of the union are employed, for the purposes of making safety and health inspections. The Company Safety Director or his/her designate will also accompany them while on Company premises.

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Protective Clothing and Equipment The company shall provide all employees whose work requires them to wear protective devices with the necessary tools, equipment and protective clothing recommended by the committee, including safety footwear (for replacement costs of this item see other section of the agreement) and safety glasses (prescription, if necessary initially supplied by the Company and up dated for prescription changes). These shall be maintained and replaced as necessary. The conditions necessitating their use shall be subjected to further corrective measures through engineering changes or the elimination of the hazard. Lockout and Machine Guarding The company shall ensure that all equipment is locked out and guarded. The JHSC shall develop lockout and test procedure and machinery guarding program. All employees who may be at risk will receive training specific to their job. First Aid Attendants There shall be first aid attendants present on all shifts. Injured Workers Provisions An employee who is injured during working hours and who is required to leave for treatment or is sent home as a result of such injury shall receive payment for the rest of the shift at his/her regular rate of pay. Such employee shall be provided with transportation for medical treatment and then to his/her home. No Working Alone No employee shall be required or permitted to work alone in the building. Sincerely, Paul Teeple, Manager Industrial Relations Europe and Canada Dana Canada Corporation

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LETTER OF UNDERSTANDING #6 – HOLIDAY PAY QUALIFICATION December 14, 2007 Steve Farkas Area Director UNIFOR Dear Steve SUBJECT: HOLIDAY PAY QUALIFICATION During our 2007 negotiations, we discussed the intent of Clause 14.02. It was agreed that there may be circumstances which prevent an employee from being at work the day immediately preceding and immediately following a holiday in order to qualify for holiday pay. When such circumstances occur, consideration will be given to qualify the employee for holiday pay providing the reason for his/her absence is presented to the Human Resources Manager. The Company will be reasonable in consideration where employees may be late on these days as a result of traffic, weather or vehicle problems where the employee reports to work as soon as is reasonably expected caused by these potential delays. Certainly anyone who has an emergency leave will qualify for the Holiday providing proof for the emergency is provided as per the Act. The Company and the Union agree that the intent of this procedure is to recognize an employee who has a bona fide absence or is excused immediately preceding or following a holiday. Yours truly Paul Teeple Manager Industrial Relations Europe and Canada Dana Canada Corporation

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LETTER OF UNDERSTANDING #7 – JOB ROTATION December 14, 2007 Steve Farkas Area Director UNIFOR Dear Steve SUBJECT: JOB ROTATION During the negotiations the Company and Union discussed and agreed on the practice of job rotation. The Company has committed to the ongoing practice of job rotation to maintain flexibility, to reduce the repetitive nature of some jobs and to broaden the job content of assignments. Job rotation will be continued within each department of the Plant in a manner that will ensure maximum safety, quality, productivity and job enrichment. The rotation sequence and timing may vary by and within departments to accommodate mutually acceptable requests of employees and management. Job rotation will occur in every production area unless an unusual circumstance prevents the rotation. If there is a requirement to limit the rotation, the circumstances will be discussed with the Committee. Sincerely Paul Teeple Manager Industrial Relations Europe and Canada Dana Canada Corporation

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LETTER OF UNDERSTANDING #8 – JOINT ANTI-HARASSMENT POLICY January 24, 2011 Angus MacDonald, President UNIFOR Local 1256 Dear Angus SUBJECT: JOINT ANTI-HARASSMENT POLICY During the current negotiations the parties discussed Human Rights issues in the workplace. The parties have committed to implementing the procedure for the benefit of Dana employees. In addition, the parties agreed to outline the procedure within the context of this Appendix. Dana Canada Corporation and the UNIFOR are committed to providing a harassment free workplace. Providing fair and equitable treatment for all employees is best achieved in an environment where all individuals interact with mutual respect for each other’s rights. Workplace Harassment Policy Every employee has the right to work in an environment free of harassment. The right includes the responsibility to eliminate harassment in our workplace, either as a participant or as an observer. The policy and procedure outlines the commitment of Dana and the UNIFOR to ensure a harassment free workplace as required under applicable Human Rights Legislation and will act as a guide to employees in adhering to legal and social guidelines regarding the recognition and prevention of harassment. This policy exists to underline the seriousness of workplace harassment at Dana. Employees who feel that they are being harassed are encouraged to seek protection under this policy. Harassment is defined as a “course of vexatious comment or conduct that is known or ought reasonably be known to be unwelcome” that denies individual dignity and respect on the basis of the grounds prohibited by applicable human rights laws. At Dana all employees are expected to treat others with courtesy and consideration and to discourage harassment on company premises. Workplace harassment includes but is not limited to the following examples:

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Unwelcome remarks, jokes, innuendoes or taunting about another’s body, attire, gender, disability, racial or ethnic background, sexual orientation which cause awkwardness or embarrassment.

Displaying visuals of a sexual, racial or otherwise offensive nature such as pornographic pictures, posters, cartoons, graffiti, or simulations of body parts.

Leering (suggestive staring) or other gestures.

Unnecessary physical contact such as touching, patting or pinching.

Unwanted sexual solicitation, physical contact or advances, particularly made with implied reprisals, if rejected.

Refusing to work or share facility with another employee because of the other’s gender, disability, sexual orientation, racial, religious or ethnic background.

Backlash or retaliation for the lodging of a complaint or participation in an investigation.

Obligation of Employees Employees are obligated to bring any complaint of harassment to the attention of the Human Resources Manager for the Company or Committeeperson for the Union as soon as possible. If the Company/Union is not made aware of any issues of harassment, they may be unable to address such issues. What Harassment is not Properly discharged supervisory responsibility including disciplinary action or conduct that does not interfere with a climate of understanding and respect for dignity and worth of Dana employees are not considered harassment. Neither is this policy meant to inhibit free speech or interfere with normal social relations that are a part of life in Dana. Filing a Complaint If an employee believes that he/she has been harassed on the basis of any of the grounds stated above, that employees should:

Tell the alleged harasser to stop.

Document the event(s) complete with the time, date, location, names of the witnesses and details of each event, if possible.

If the harassed employee does not feel able to approach the alleged harasser(s) directly, or if after being told to stop the alleged harasser continues the harassed employee should lodge a complaint either directly or through a person on his/her behalf with any company or union representative.

Investigation In minor cases, the company and the union agree that the union and the company may try to resolve a harassment complaint informally using the Internal Procedure without a full investigation when so requested by the complainant. All cases of harassment will be handled by the Human Resource Manager for the Company or Committeeperson for the union. The outcome of this attempted resolution will be communicated to both the union and the company. If the complainant disagrees with the attempted resolution or if the complaint involves more than minor issues there will be a joint investigation of the complaint according to established methods. Once informed of a complaint requiring

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joint investigation, the appropriate representative will immediately inform his/her counterpart and together these two (2) will conduct a thorough investigation according to the established methods. Where the complainant is a women and the complaint involves sexual harassment or gender discrimination, the joint investigation team will include at least one (1) woman. The joint investigation will include an interview of the complainant and may include interviewing the alleged harasser, witnesses and other persons named in the complaint. It is the intention of the union and the company that, in most cases, the investigation will take place within five (5) days and shall be concluded within fifteen (15) days of the lodging of the complaint. An extension to the time limits may be granted by mutual agreement. The interviewing time and location will recognize the need to maintain confidentiality. The identity of the complainant, the alleged harasser(s) and the nature of the complaint will be kept confidential and only the persons with a need to know will be informed of the complaint. Records of the investigation, including interviews, evidence and recommendations will be securely maintained in the offices of the respective representatives. Resolution Upon completion of their joint investigation, the investigators will present their report to the Manager, Industrial Relations and the UNIFOR National Representative. The company agrees that ten (10) days after receiving the joint investigation report the harassment complaint will be resolved. The purpose of this Policy and Procedure is to allow the UNIFOR and Dana Canada Corporation the opportunity to address and resolve internal problems related to the objective of achieving a harassment free workplace. This Policy in no way precludes the complainant’s right to seek action under the applicable Human Rights Legislation. Training The parties also agree to communicate this Policy to all new Dana employees at the location, through the jointly developed and delivered training program. All new Dana employees will receive this training within three (3) months of attaining seniority.

Such training will be mandatory for all new employees working at the location.

The duration of the training will be three (3) hours.

The training will be conducted during normal working hours. Sincerely Rich Whiting Senior Human Resources Manager Dana Canada Corporation

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LETTER OF UNDERSTANDING #9 – PAID EDUCATION LEAVE (PEL) February 25, 2008 Steve Farkas Area Director UNIFOR Dear Steve: SUBJECT: PAID EDUCATION LEAVE (PEL) The Company agrees to pay into a special fund three (3) cents per hour per employee for all compensated hours, for the purpose of providing paid education leave. Said paid education leave will be for the purpose of upgrading the employee’s skills in all aspects of the Trade Union functions. Such monies will be paid on a quarterly basis into a trust fund established by the National Union, UNIFOR and sent by the Company to the UNIFOR Leadership Training Fund, 205 Placer Court, North York, Ontario, M2H 3H9. The Company further agrees that the members of the Bargaining Unit, selected by the union to attend such courses, will be granted a leave of absence without pay for twenty (20) days’ class time, plus travel time where necessary. Said leave of absence is to be intermittent over a twelve (12) month period from the first day of the leave. The Company further agrees to supply the Union with the following information when each contribution is sent to the Paid Education Leave Program, the Local Union number, the Bargaining Unit covered, the number of employees, the number of hours used in the calculation and the period of time covered. Seniority shall accumulate during the period of an approved leave of absence and a copy of the written leave will be furnished to the employee and the Plant Committee Chairperson. After the leave of absence an employee will be placed in his/her former job if it still exists or his/her former classification, seniority permitting. Sincerely Paul Teeple Manager Industrial Relations Europe and Canada Dana Canada Corporation

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LETTER OF UNDERSTANDING #10 – SKILLED TRADES February 26, 2008 Steve Farkas Area Director UNIFOR Dear Steve SUBJECT: SKILLED TRADES During the recent negotiations the parties discussed the differences between Skilled Trades and Production Job Classifications. As a result the parties agreed to continue discussion in greater detail during the term of the Collective Agreement. Such discussions will focus on but not be limited to the UNIFOR Skilled Trades Program and Apprenticeship Training. In addition the Company agreed to deduct UNIFOR Skilled Trades dues upon request. Sincerely Paul Teeple Manager Industrial Relations Europe and Canada Dana Canada Corporation

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LETTER OF UNDERSTANDING #11 – SKILLED TRADES TOOL REPLACEMENT February 26, 2008 Steve Farkas Area Director UNIFOR Dear Steve SUBJECT: SKILLED TRADES TOOL REPLACEMENT During our recent negotiations discussions the Company agreed to continue the practice of the replacement of tools for skilled trades that become broken while in the course of employment so long as the said tool can be presented to the Company. Sincerely Paul Teeple Manager Industrial Relations Europe and Canada Dana Canada Corporation

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LETTER OF UNDERSTANDING #12 – SUMMER STUDENTS January 20, 2014 Mr. Angus MacDonald, President Unifor Local 1256 Dear Angus SUBJECT: SUMMER STUDENTS During our recent negotiations the parties discussed the use and hiring of summer students to fill in and augment the workforce during the summer vacation period. The parties therefore agree to the following terms and conditions respecting the hiring of students. The use and hiring of summer students is restricted to the period of April 15 through to September 15 each year.

The use or hiring of students will not be permitted while regular bargaining unit employees are on voluntary layoff, on a one to one basis. Children of Dana employees will be considered first for any of the student positions. Students will not be entitled to employee benefits Students will not be offered overtime until all regular employees have been offered the hours available Students will not be placed in open positions on preferred shifts until such positions are offered to regular employees on the off shifts, except for training purposes Students hired on Dana payroll will be paid at the applicable starting rate at the plant. Sincerely Rich Whiting, Sr HR Manager Dana Canada Corporation

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LETTER OF UNDERSTANDING #13 – TEMPORARY WORKERS January 20, 2014 Angus MacDonald, President Unifor Local 1256 Dear Angus SUBJECT: TEMPORARY WORKERS During our negotiations the parties discussed the use of temporary workers (excluding students) in the Oakville XL Plant. The parties agreed that temporary workers in the facility are excluded from the Bargaining Unit and their pay and working conditions are determined solely by the Company. The parties recognize that a limited number of temporaries working in traditional Bargaining Unit jobs may be required to meet short-term customer demands and peaks in schedules. The parties have agreed that the following rules will apply to the use of temporary workers: There shall be a maximum of fifteen (15) temporary workers (excluding students) when the workforce is less than one hundred (100) employees or fifteen (15) percent temporary workers (excluding students) when the workforce is one hundred (100) or more employees. This can be increase by mutual agreement of the parties. Temporary employees may work for a maximum period of ninety (90) days and must then either be hired or terminated unless extended by mutual agreement. There shall be use of temporary workers while there are regular bargaining unit employees on voluntary lay off on a one-to-one basis. Temporary workers shall not be eligible for overtime until all full-time employees have been asked and exhausted. Temporary workers shall not be assigned to the day shift except for training purposes, for leaves and/or vacation or for temporary spikes in production requirements, where those spikes do not exceed thirty (30) days. The Company will discuss the temporary production spikes and its expected duration with the Plant Committee Chairperson prior using temporary employees on the day shift.

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The Company will inform the Union prior to the use of temporary workers and provide the details and reason for the use of these workers. Sincerely Rich Whiting, Senior HR Manager Dana Canada Corporation

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LETTER OF UNDERSTANDING #14 – WOMEN ADVOCATE January 21, 2008 Steve Farkas Area Director UNIFOR Dear Steve SUBJECT: WOMEN ADVOCATE During the 2008 negotiations, the parties discussed some of the special issues that face women in the workplace. As well the parties recognize and share the concern that women uniquely face situations of violence or abuse in their personal lives that may affect their attendance or performance at work. The parties agree that when there is adequate verification from a recognized professional (i.e. doctor, lawyer, professional counselor) a woman who is in an abusive or violent personal or domestic relationship will not be subjected to discipline without giving full consideration to the facts in the case of each individual and the circumstances surrounding the incident otherwise supportive of discipline. This statement of intent is subject to a standard of good faith on the part of the Company, the Union, and the effected employees to subvert the application of otherwise appropriate disciplinary measures. The Company agrees to recognize a women’s advocate appointed by the Union. The role of the advocate is to:

Take part in the investigation along with management in harassment issues involving women in the workplace

Take part in an investigation in support of women employees regarding harassment issues outside the workplace

To be knowledgeable and helpful in locating community resources such as counselors or shelters to assist those in need.

To identify and make recommendations to the employer in regard to barriers which may have an adverse affect on female employees

The women’s advocate will participate in the annual five (5) day training program sponsored by the UNIFOR-Canada at no cost to the Company. Sincerely Paul Teeple, Manager Industrial Relations Europe and Canada Dana Canada Corporation

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LETTER OF UNDERSTANDING #15 – NO TRANSFER OF WORK BETWEEN PLANTS January 27, 2011 Jim Woods UNIFOR National Representative Dear Jim SUBJECT: NO TRANSFER OF WORK BETWEEN PLANTS During our 2008 negotiations Dana Canada Corporation and the UNIFOR held lengthy discussions regarding the future of the facilities (Mount Forest and Oakville XL) represented by the UNIFOR. Over the past couple of years Dana has spent considerable time and effort in maximizing and optimizing the manufacturing footprint in North America, which resulted in numerous announced plant closings, product rationalization and business realignment. Specifically, we have and continue to discuss the performance and future of Oakville XL and Mount Forest. Certainly the people in these plants have performed very well. The plants have had good productivity and customer service. All have shown a keen effort in maintaining good quality records and participating in continuous improvement efforts. It is Dana Canada’s plan to continue to develop these plants, the people and the technology in these plants that will aid in securing their future competitiveness in the market place. We all agree that this is key to securing the future of the plant and thus the people that work there. The Company commits that there are no current plans to transfer the business in any of these plants to another Dana Plant. It is the desire of the company to grow these operations when opportunity presents itself. To that end the Company will not transfer existing work out of the, Mount Forest or Oakville XL plant where UNIFOR represents employees into a Dana plant where they do not unless it is specifically directed by a customer. This agreement is in force until the end of the current collective agreement. For greater clarity, should a customer make a sourcing decision under an existing contract, end a sourcing contract, or does not renew a sourcing contract the Company will not be required to comply with the terms as set out in this paragraph. Where a transfer to another facility of a particular part of a business may be reasonably required for the support of a customer program or to support a customer program the parties will meet to discuss the situation and potential affect on the plant. If business is

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transferred to another UNIFOR facility, both parties agree to support our employees transferring with the business. The Company commits to have quarterly business updates of the business plans with the Local Union and the National Union. These updates will focus on the short and long-term prospects for the facility, the status of the present business, potential business changes that may effect the employment and any new business opportunities that may be available. The Company commits to having meaningful discussions with the Union in the event that present business is threatened, through uncontrollable customer decisions and direction, pricing pressures, productivity issues, quality issues or internal Dana concerns. Should the potential for a negative impact on the facility be for seen, the discussions will include opportunities for both parties to freely participate in finding solutions to any issue with the goal of maintaining the business and employment in the facility. The company commits to providing ample time for these discussions, with a minimum of ninety (90) days prior to any major effect on the facility, if it is under the Company’s control. The Union has committed to full participation and a willingness to discuss any and all potential solutions to the business matters. Should a new business opportunity present itself the company commits to holding timely discussions with the Union (which may be confidential) with regards to obtaining that new or replacement business for the facility. The company further agrees to commit a first review of current platforms replacement work, in our Oakville XL and Mount Forest facilities. The Company further agrees to make a reasonable effort to ensure that new products such as the Oil to Water Heat Exchanger are placed in Oakville XL and/or Mount Forest. The Union agreed to support these efforts by considering opportunities for better asset utilization and productivity. The Company commits to make reasonable and necessary capital expenditures designed to maintain and expand the work performed. Should there be a potential business loss the Company is committed to the same discussions. In the event of a major permanent reduction in the workforce is required the company agrees that prior to implementing planned layoffs it shall review and discuss with the local union committee the details of situation. The company will provide:

• Any relevant information that clearly relates to the business need for a permanent reduction,

• The anticipated impact on the facility and people. The Company and Union will discuss appropriate adjustments to minimize the effect on the people, which may include the reduction in the use of outside contractors, reduction in overtime and voluntary layoffs.

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Sincerely Rich Whiting Senior Manager Human Resources Dana Canada Corporation

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LETTER OF UNDERSTANDING #201 – LABOUR MANAGEMENT MEETINGS January 23, 2008 Steve Farkas Area Director UNIFOR Dear Steve SUBJECT: LABOUR MANAGEMENT MEETINGS From our recent negotiations, this letter confirms our agreement that the UNIFOR Local Committee and the Company will meet in a Labour Management meeting once a month. This meeting will take place in the plant at a mutually convenient time during Committee members’ regular work hours and will last a maximum of two (2) hours. A Committee representative may draft and circulate an agenda at least five (5) days in advance of the meeting. Matters that are filed under the Grievance Procedure will not form a part of the agenda. Sincerely Cheryl Cavallaro James McKenzie Human Resources Manager Local 1256 President Dana Canada Corporation UNIFOR Oakville Advance Road Plant

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LETTER OF UNDERSTANDING #202 – SAFETY GLASSES AND SAFETY BOOTS February 26, 2008 Steve Farkas Area Director UNIFOR Dear Steve SUBJECT: SAFETY GLASSES AND SAFETY BOOTS Plant Safety Glasses

The Company will provide plant safety glasses at no cost to an employee on

his/her first day of employment and replacement safety glasses at no cost to an employee, due to job related damage and use.

Prescription Safety Glasses

All employees working in the Company will be required to wear safety glasses provided by the Company as a condition of employment.

Prescription safety glasses will be provided to an employee following the

completion of his/her probationary period. The cost for prescription safety glasses will be covered at 100% once every twenty-four (24) months, and such eye protection shall be CSA approved. During his/her probationary period the company will not provide prescription glasses but will provide “cover-ups.” The Company will replace or repair prescription safety glasses due to job related damage. No coverage will be provided for progressive lenses or tints. Safety glasses must be clear with zero tints.

Safety Shoes

All employees will be required to wear Company approved safety shoes or boots as a condition of employment and such foot protection shall be CSA approved. The Company will provide a safety boot allowance of up to $125 to each employee who purchases one pair of certified safety shoes or boots for wear at work. The allowance will only be paid once during each calendar year. The employee must provide a bonafide receipt when requesting the safety shoe allowance.

Sincerely

Paul Teeple, Manager Industrial Relations Europe and Canada Dana Canada Corporation

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LETTER OF UNDERSTANDING #203 – UNION WORK SPACE January 23, 2008 Steve Farkas Area Director UNIFOR Dear Steve SUBJECT: UNION WORK SPACE From our recent negotiations, this letter confirms our agreement that the Company will provide the Union with a confidential meeting space, locking file cabinet, personal computer and Internet access for the use of the UNIFOR Local 1256 Committee. In the Oakville facility, we will create a space to accommodate the Union within ninety (90) days as discussed. The Human resources department will, upon advance notice from the Union, make arrangements for the availability of a confidential meeting space. Sincerely Cheryl Cavallaro James McKenzie Human Resources Manager Local 1256 President Dana Canada Corporation UNIFOR Oakville Advance Road Plant

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LETTER OF UNDERSTANDING LAYOFF & RECALL ARTICLE 11.01 January 23, 2014 Employees subject to regular layoff (Article 10) who want to be recalled to work for a time-period(s) of less than fifteen (15) work days must make their intention known in writing by signing a Call letter, by the end of their last scheduled work day before such layoff. This Call Letter will be completed by the employee and presented to a Dana XL manager who will co-sign and provide the employee a copy. Employees must advise the Company in writing of any change of their intentions to be recalled when such event is less than fifteen (15) work days. Employees changing their intentions in this matter will become eligible for recall to the next available opening, following the Company’s co-sign of the employee’s signed Call letter. The opposite is also true; employees changing their intentions in this matter will be removed from the Call list following the signed receipt of such request. In the event the Call list is exhausted, the Company will require the least senior employee(s) to return to work as provided in Article 9 of the Collective Agreement. Failure to return in these circumstances will result in a voluntary termination as described at Articles 9.03(e) or 11.01 of the Collective Agreement. It is agreed that during this recall process (for work expected to last fifteen (15) work days or less), the Company may use a temporary worker(s) until the Company is able to secure sufficient seniority employees to return to perform the available work. In the event a leave(s) is extended beyond the fifteen (15) days the laid-off employee originally accepting the recall will be retained for the duration of the leave. In the event that the Company determines the available work is five (5) work days or less, to cover on a one-for-one basis, then the Company may use a temporary worker. The Union will be provided a copy of all of the employee’s Call request(s).

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LETTER OF AGREEMENT – EXTRA HOURS OF WORK

Between Dana Canada Corporation

Oakville Advance Road

And Local 1256 Unifor

The National Automobile, Aerospace Transportation and General Workers Union of Canada and the CLC

In accordance with Section 17 of the Employment Standards Act of Ontario, 2000 (the Act) the parties agree as follows:

1. Regular Work Day – the regular work day for employees has been established as Eight (8) or ten (10) hours per day.

2. Extra Daily Hours – The Union consents on behalf of employees in the

bargaining unit to allow them to work beyond the regular work day to the daily maximum hours allowed by the Act.

3. Extra Weekly Hours – The Union also consents on behalf of employees in the

bargaining unit to allow them to work beyond forth-eight (48) hours in a week, to a maximum of sixty (60) hours in a week, a part from Maintenance employees who may work up to 68 hours in a week.

4. Scheduling – Scheduling of extra hours shall be in accordance with the

scheduling provisions of the collective agreement as well as Regulation 502/06 of the Act and are voluntary.

5. Term – The parties agree that this agreement which forms part of the

collective agreement, is in force for the term of the collective agreement. This agreement will automatically renew with the expiry of the collective agreement, unless the parties agree to discontinue or modify its terms.

Dated ____________________________ at Oakville, Ontario. __________________________ ___________________________ For the Company For the Union

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APPENDIX 1

WAGES JOBS CLASSIFICATIONS AND WAGES

Employee Wage Bonus/Increase

Wage Rates


February 15, 2014

February 15, 2015

February 15, 2016

February 15, 2017

Assembler $18.01 $18.37 $18.37 $18.74

Material Handler $18.91 $19.29 $19.29 $19.68

Quality Inspector $18.91 $19.29 $19.29 $19.68

Team Leader $18.91 $19.29 $19.29 $19.68

Maintenance A $25.96 $26.48 $26.48 $27.01

Maintenance B $23.96 $24.44 $24.44 $24.93


February 15, 2014

February 15,2015

February 15, 2016

February 15, 2017

Assembler $1200 2% gwi $1100 2% gwi

Material Handler

$1200 2% gwi $1100 2% gwi

Quality Inspector

$1200 2% gwi $1100 2% gwi

Team Leader $1200 2% gwi $1100 2% gwi

Maintenance A $1200 2% gwi $1100 2% gwi

Maintenance B $1200 2% gwi $1100 2% gwi

Effective the second pay period in February 2014 each active employee with seniority covered by this agreement shall receive a lump sum payment of twelve hundred dollars ($1200). Employees recalled to work for sixty (60) consecutive calendar days or more will receive this lumpsum payment within two (2) weeks of completing said sixty (60) days. Effective the second pay period in February 2015 each active employee with seniority covered by this agreement shall receive a two (2 %) percent increase (gwi) in the base wage rate for each classification.

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Effective the second pay period in February 2016 each active employee with seniority covered by this agreement shall receive a lump sum payment payment of eleven hundred dollars ($1100). Employees recalled to work for sixty (60) consecutive calendar days or more will receive this lumpsum payment within two (2) weeks of completing said sixty (60) days. Effective the second pay period in February 2017 each active employee with seniority covered by this agreement shall receive a two (2 %) percent increase (gwi) in the base wage rate for each classification. All payments are subject to regular and statutory deductions.

Shift Premium: Afternoons, forty five (45) cents per hour.

Nights, fifty five (55) cents per hour.

Employees assigned to third shift will work seven (7) hours and fifteen (15) minutes on a normal shift including lunch period will receive compensation as though they worked eight (8) hours. In the event of equal shift lengths, a premium of fifty-five cents ($.55) per hour above the regular straight time rate shall be paid to employees assigned to the third shift.

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APPENDIX 2

BENEFITS The following is a summary of the Insured Benefits Plans only. The language of the applicable group insurance policies will govern. Eligibility Active employees hired before February 24, 2008 and new employees hired after February 24, 2008, who have completed the applicable grow in provisions are eligible for the following benefits. Active employees will continue to be covered by these benefits until retirement, the end of the month following layoff or termination. Where co ordination of benefits is available for employees, the employee must co ordinate the applicable benefit with that of their spouse or common law spouse. 1. Dental Plan a. (i) Diagnostic and Preventative --100% reimbursement

(ii) Restorative, periodontic and endodontic-- 80% reimbursement (iii) Reimbursement for items a (i) and a (ii) above is to a combined maximum of $1,000 per calendar year for the employee and for each insured dependent. Effective in the third year of the contract, the combined maximum reimbursement per calendar year for these items will increase to $1,100.

b. Dentures, bridges, crowns – 50% reimbursement to a combined maximum of $1,000 per calendar year for the employee and for each insured dependent

c. Orthodontic—50% reimbursement to a maximum reimbursement of $1,500 life-time per eligible member and dependent under eighteen (18) years of age.

2. Extended Health Plan a. Prescription Drug Plan with a 10% co-pay per prescription (excluding over the

counter drugs) for employees and dependents covered by the plan. b. Hospital Coverage for semi-private hospital room to a maximum reimbursement

of $185 per day. c. Vision Care plan provides coverage every twenty-four (24) months for employee

and insured spouse and dependents or every twelve (12) months for dependent child if a prescription change occurs. Eye examinations, limited to one (1) every twenty-four (24) months (every twelve (12) months for dependents under age eighteen (18)).

• Effective February 24, 2010 – annual maximum reimbursement of $200 every 24 months

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• Effective February 15, 2013 – annual maximum reimbursement of $220 every 24 months

d. Physiotherapist – 80% reimbursement for $85 for first visit, $55 for each subsequent visit to an annual maximum $1,200 per employee and for insured dependent.

e. Hearing Aids – 80% reimbursements to a maximum of $750 every three (3) years.

f. 80% reimbursement to a maximum of $300 annual reimbursement for each of psychologist, osteopath, podiatrist, chiropractor, naturopath, chiropodist.

g. 80% reimbursement to a maximum of $250 annually for registered massage therapist

h. 80% reimbursement for licensed ground and emergency air ambulance. i. 80% reimbursement for orthopedic shoes, orthopedic modifications to shoes to

maximum reimbursement of $300 per year. j. 80% reimbursement for blood glucose monitors for insulin dependent diabetes to

a maximum reimbursement of $150 every five (5) years. k. 80% reimbursement for rental or purchase of durable medical equipment,

including but not limited to wheelchairs, walkers, hospital beds, wheelchair repairs (limited to $250 lifetime).

l. $400 reimbursement maximum for a wig for a patient in cancer treatment, limited to once in a lifetime.

3. Life Insurance. Effective February 24, 2008 --- $35,000 4. Accidental Death and Dismemberment. Effective February 24, 2008---$35,000 5. Short-term Disability a. 66 2/3 of weekly earnings b. duration of fifteen (15) weeks c. coverage from i. first day of hospitalization ii. first day of accidental injury iii. after the fourth day of illness 6. Health Care Coverage While On Layoff

For employees who are laid off, coverage for items 1, 2, 3 and 4 of this section will be paid for by the Company for one (1) month following the calendar month in which the layoff occurs

7. Company will offer a Long-term Disability Benefit Plan, purchased solely by

employee-paid premiums if at least sixty-six (66) percent of the employees wish to participate.

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APPENDIX 3

PENSION PLAN The “Agreement Covering Pension Plan” which was in effect as of February 24, 2008 is hereby made part of the Memorandum of Settlement.

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APPENDIX 4

SEVERANCE PAY PLAN Effective March 1, 2008

1. Severance pay pursuant to the Employment Standards Act (ESA) will be offered to

any employee permanently laid off from Dana Canada Corporation, Oakville Advance Road, Ontario as a result of the discontinuance of a product line in whole or in part and/or full or partial closure of the Plant where there is no other work available within the plant.

2. In lieu of the severance pay provisions of the ESA, those employees who have worked at least 80 hours during the statutory notice period (unless the Company has advised that their services are not required) and who have thereby helped the Company to achieve an orderly windup of operations at the Plant, will be offered an Enhanced Severance Package as described below. The Enhanced Severance Package shall not be paid to any employee whose employment is terminated for cause.

3. Any employee electing the severance package will cease to be eligible for any other payments beyond the election date and will be deemed to have resigned their employment with Dana and forfeited their seniority rights.

4. Eligible employees will have their layoff benefits (excluding STD) paid for by the Company for five (5) months from the end of the statutory notice period, while on layoff if elected within the period specified in #6.

5. Election to accept this Enhanced Severance Package must be made within sixty (60) days of the employee’s last day of employment following the conclusion of the statutory notice period, or the package is considered void (excluding statutory requirements).

6. Payments will be made within fourteen (14) days of acceptance by the employee.

7. An employee may complete a direction under the Income Tax Act regarding termination pay and severance pay to have the entitlement paid directly into an RRSP or retirement vehicle chosen by the employee.

8. Eligible Employees, including those who retire during the closure or partial closure (within sixty (60) days of layoff) as determined in paragraph #1, and have been permanently laid off under this plan, will receive severance pay in accordance with Schedule 1 (Severance Payable).

9. Vacation pay owing will be paid at the time of enhanced severance payout.

10. Employees, who have received their statutory notice, and are then recalled for work will not be re-eligible for this closure/severance package unless they work for more than thirty (30) calendar days without being laid off.

Notice to the Union

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The Company agrees to provide up to one hundred and twenty (120) calendar days’ notice to the Union if possible. The information supplied to the Union will include the number of employees potentially impacted and the rationale for the decision. It is understood that the information will be used for discussions between the parties and the workforce and will be considered confidential. The Union will have the opportunity to make proposals, which could alter or modify the decision. If job losses become unavoidable and the Employer decides to cease or reduce all or part of its operations, the following provisions shall take effect for those active employees who lose their employment. Payments inclusive to Employment Standards Act will be as outlined on Schedule 1, Severance Payable, attached. All payments will be based on full and partial years (Ex. 12 years and 6 months = 12.5 years). An Adjustment Committee will be established as outlined in Schedule 2, attached. Employee Records The Employer will retain all employee records, including disability and Workers’ Compensation records, for a period equal to the employee’s seniority but not less than seven (7) years from the date of closure. Reasonable access and/or copies of such employee records shall be provided to the Union. In no event will the Employer deny the Union access to or copies of such records where the employee gives permission to release such records. Recall Rights In the case of partial closure, terminated or laid off employees will maintain their recall rights for a period of: 1. Their length of seniority to a maximum of forty-eight (48) months, or 2. Until severance is accepted. In the case of total closure, terminated employees will maintain their recall rights for a period of: 1. Their length of seniority at the date of termination to a maximum of three (3) years,

or 2. Unit severance is accepted. Schedule 1 – Enhanced Severance Payable Schedule 1 is inclusive of any amounts of severance pay required under Federal or Provincial Legislation. Each employee laid off permanently, as defined in items 1 to 11 above, will be entitled to a severance payment of:

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Employees with more than five (5) years of service, one week per year of service to a maximum of twenty-six (26) years of service.

In addition, employees will be eligible for the following enhancement to their severance (example: employee with ten (10) years would received ten (10) weeks pay plus $1,500):

Years of Service

Total Additional Severance $

Years of Service

Total Additional Severance $

1 0 15 2,500

2 0 16 2,700

3 0 17 2,900

4 0 18 3,100

5 1,000 19 3,300

6 1,100 20 3,500

7 1,200 21 3,700

8 1,300 22 3,900

9 1,400 23 4,100

10 1,500 24 4,300

11 1,700 25 4,500

12 1,900 26 4,500

13 2,100 Over 26 4,500

14 2,300

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Schedule 2 - Adjustment Committee As part of the Security Program, the Company will follow these directives in cases of a complete closure of this Dana Canada Corporation facility.

1. The Company will participate in a Labour-Management Adjustment Committee and will seek financial assistance from the Federal Government and the Ontario Provincial Government.

2. Every Worker who is to be terminated will receive an in-depth (one hour) individual needs assessment conducted on Company time and provided at Company expense.

3. The Adjustment Committee of a maximum of six (6) people (three (3) Union members and three (3) Company members) will be provided two (2) days of training on adjustment issues and processes unless the action center is still in existence from the closure of the Plant. The training will be conducted on Company time and at Company expense.

4. The Company will provide adequate release time to members of the Adjustment Committee to effectively do their jobs.

5. Office space for an Action Centre and necessary equipment will be provided by the Company, for a period of six (6) months past the layoff.

6. The Employer will fund a Training Trust Fund to provide education outlined in Item #5 above, to be administered by the Adjustment Committee. The Employer’s contribution shall be based on $150 per employee. Any unused employer’s contributions will revert to the Employer twelve (12) months after the final layoff, or earlier, with the agreement of the Union.

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APPENDIX 5

NEW HIRE GRADUATED BENEFIT PROGRAM Graduated Benefit Summary

Premium Share 10% of STD, Health and Dental 3 MONTHS

Life Insurance

AD&D

Pension

Prescription Safety Glasses 6 MONTHS

Health

Vision 1 YEAR

Dental 2 YEARS

Short Term Disability 3 YEARS

Graduated Benefits migrate to Standard benefit package at end of wage progression.

Benefit Continuance One (1) month following the calendar month in which the layoff

occurs at company’s expense. The benefits provided will be in accordance with the schedule above, but excluding pension contributions, while on layoff and STD.

Grow In Wage Schedule

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Grow In Wage Schedule Wage Scale – new hires on or after March 1, 2011

Plant Probation Step 1 (Probatio

n + 6 months)

2nd year 3rd year 4th year 5th year

Oakville 70% 75% 85% 90% 95% 100%

March 1, 2013

$12.61

3 – 9 mths

$13.51

9 – 23 mths

$15.31

24 – 35 mths

$16.21

36 – 47 mths

$17.11

48 – 59 mths

$18.01

60 months

March 1, 2015

$12.86

3 – 9 mths

$13.78

9 – 23 mths

$15.81

24 – 35 mths

$16.53

36 – 47 mths

$17.45

48 – 59 mths

$18.37

60 months

March 1, 2017

$13.12

3 – 9 mths

$14.06

9 – 23 mths

$16.13

24 – 35 mths

$16.86

36 – 47 mths

$17.80

48 – 59 mths

$18.74

60 months

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Memorandum of Settlement

between

Dana Canada Corporation Power Technologies Group Oakville XL, Ontario Plant

(the Company)

And

Unifor Local 1256 (the Union)

The parties herein agree to the terms of this memorandum as constituting full settlement of all matters in dispute. The undersigned representatives of the parties do hereby agree to recommend complete acceptance of all terms of this memorandum to their respective principals. The parties herein agree that the term of the collective agreement shall be from February 15, 2014 through February 15, 2018. Dated the 24th day of January 2014 at Burlington, Ontario. For the Company For the Union John Kichinko Pauline Mammolite Len West Yvonne Locey Rich Whiting Patricia Boland Leanna White Angus MacDonald Michael Langdon

collective agreement between dana canada corporation power technologies …€¦ · ·...

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