collective agreement between milk and …...2.01 the employer agrees to recognize the milk and bread...

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COLLECTIVE AGREEMENT BETWEEN MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED EMPLOYEES, LOCAL No. 647, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS (HEREINAFTER REFERRED TO AS THE “UNION”) AND LOADERS CROKLAAN CANADA INC. (HEREEINAFTER REFERRED TO AS THE “COMPANY”) Effective: May 1, 2016 Expire April 30, 2019

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Page 1: COLLECTIVE AGREEMENT BETWEEN MILK AND …...2.01 The Employer agrees to recognize the Milk and Bread Drivers, Caterers and Allied Employees, in the province of Ontario but excluding

COLLECTIVE AGREEMENT

BETWEEN

MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED

EMPLOYEES, LOCAL No. 647, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

(HEREINAFTER REFERRED TO AS THE “UNION”)

AND

LOADERS CROKLAAN CANADA INC.

(HEREEINAFTER REFERRED TO AS THE “COMPANY”)

Effective: May 1, 2016

Expire April 30, 2019

Page 2: COLLECTIVE AGREEMENT BETWEEN MILK AND …...2.01 The Employer agrees to recognize the Milk and Bread Drivers, Caterers and Allied Employees, in the province of Ontario but excluding

Carl Davis Secretary-Treasurer

Business Representative

Martin Cerqua President &

Principal Officer

Gary Bast Business Representative

Trustee

Page 3: COLLECTIVE AGREEMENT BETWEEN MILK AND …...2.01 The Employer agrees to recognize the Milk and Bread Drivers, Caterers and Allied Employees, in the province of Ontario but excluding

As a proud member of the Teamsters for nearly 33 years, I am a firm believer in our Union values for equality, justice and fairness for all workers in Canada. Teamsters Canada believes that everyone deserves a decent quality of life. That’s why we work to protect what matters to you, your job, your health and your family. Our goals are to promote our collective rights and to protect the common good. Your Collective Agreement allows you to achieve these goals. Through concrete actions in your workplace and your community, we are building a country where we can live with respect and dignity.

Francois Laporte Francois Laporte President, Teamsters Canada Follow our campaigns: teamsters.ca

Page 4: COLLECTIVE AGREEMENT BETWEEN MILK AND …...2.01 The Employer agrees to recognize the Milk and Bread Drivers, Caterers and Allied Employees, in the province of Ontario but excluding

A MESSAGE FROM YOUR PRESIDENT & PRINCIPAL OFFICER

Congratulations on your new Collective Agreement.

Teamsters Local No. 647 goal has always been simple; to use our collective bargaining power to fight for equality, fairness and job security in an ever-changing economy and workplace. Going forward there will be many obstacles and issues. However, I am confident that working together with our members we will succeed regardless what challenges come our way. In Solidarity; Mart i n Cer q u a Martin Cerqua President Teamsters Local # 647

Page 5: COLLECTIVE AGREEMENT BETWEEN MILK AND …...2.01 The Employer agrees to recognize the Milk and Bread Drivers, Caterers and Allied Employees, in the province of Ontario but excluding

COLLECTIVE AGREEMENT

BETWEEN

MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED

EMPLOYEES, LOCAL No. 647, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

(HEREINAFTER REFERRED TO AS THE “UNION”)

AND

LOADERS CROKLAAN CANADA INC. Toronto, Ontario

(HEREEINAFTER REFERRED TO AS THE “COMPANY”)

Effective: May 1, 2016

Expire April 30, 2019

Page 6: COLLECTIVE AGREEMENT BETWEEN MILK AND …...2.01 The Employer agrees to recognize the Milk and Bread Drivers, Caterers and Allied Employees, in the province of Ontario but excluding

INDEX

ARTICLE PAGE

1 Bargaining Unit 4

2 Recognition 4

3 Check-off 5

4 Stewards 5

5 Grievance Procedure 6

6 Rules Applying to Termination of Employment 7

7 Establishing Seniority 8

8 Days and Hours of Work 10

9 Paid Holidays and Vacations 11

10 Uniforms 13

11 Social Welfare Benefits 14

12 General Notes 16

13 Supervisors 17

14 Jobbing Out 18

15 Severance Pay 18

16 Safety Committee 18

Expiration and Renewal of Agreement 19

Appendix "A" Wages 20

Appendix "B" Counselling 21

Appendix "C" No Fault Attendance Policy 23

Page 7: COLLECTIVE AGREEMENT BETWEEN MILK AND …...2.01 The Employer agrees to recognize the Milk and Bread Drivers, Caterers and Allied Employees, in the province of Ontario but excluding

PURPOSE:

It is the desire of the parties to this Agreement to establish, promote and foster a good relationship that will be enduring and of mutual benefit to both the Union and the Employer. It is the essence of this Agreement that there shall be a maximum of cooperation and of help from the employees of the Employer to obtain all possible business and expand the operation of the Employer, ensuring the health and safety of all employees, and the parties hereto pledge their full support and cooperation in this regard.

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ARTICLE 1

BARGAINING UNIT

1.01 This Agreement shall cover every employee of the Employer working at Loders Croklaan Canada Inc., Rexdale, Ontario, save and except supervisors, persons above the rank of supervisor, office staff, research and development staff, sales staff, and persons covered by subsisting collective agreements.

ARTICLE 2

RECOGNITION

Now THEREFORE, the parties here to agree as follows:

2.01 The Employer agrees to recognize the Milk and Bread Drivers, Caterers and Allied Employees, in

the province of Ontario but excluding the North Western Area, Canada Local Union No. 647, affiliated with the International Brotherhood of Teamsters as the sole collective bargaining agency for all such employees coming within the bargaining unit.

2.02 UNION CONDITION

The Employer agrees to inform all new employees hired (who are to be covered by this Agreement), that Union membership is a condition of employment.

2.03 The Union office and the steward concerned shall be informed at the time of all such new

employees (cards for this purpose to be supplied by the Union). They shall be required to submit an application card to the steward at the end of the probationary period. Failing to do so, they shall be taken off the job at the request of the Union. Such request must be in writing.

2.04 All members of the Union must maintain membership in the Union during the life of this

Agreement as a condition of employment. 2.05 MANAGEMENT RIGHTS

The Company retains all rights and privileges of management as not otherwise amended by this Agreement.

ARTICLE 3

CHECK-OFF

3.01 The Employer agrees to a deduction from employee's wages of monthly union dues and assessments for union purposes, effective with the month in which the employee is hired, as well as a deduction for initiation fee, so that the full initiation fee is deducted from the employee by conclusion of the employee's probationary period. The deduction for dues and assessments must be forwarded to the Union office no later than the 10th day of each month for the previous month deductions.

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3.02 Initiation fees shall be held by the Employer until conclusion of probation and then forwarded to the Union. If the employee is not employed at the conclusion of probation, amounts deducted toward the initiation fee will be refunded to such employee.

3.03 The Union shall notify the Employer, in writing, as to the prevailing rate of Union dues and any

assessments. 3.04 The Employer further agrees that in the event of an employee being on vacation at the time of a

regular deduction, such deduction shall be made from the employee's vacation pay. 3.05 In the case of the Union member being off through sickness on the due’s deduction pay, his dues

shall be taken off his first full pay following. 3.06 Annual union dues payment will be reported on the employee's T-4 slips.

ARTICLE 4

STEWARDS

4.01 There shall be one (1) steward at the plant to provide leadership and representation for the

members of the Union. The steward shall work together with the managers and supervisors to ensure compliance with the provisions of this Agreement. The Union will be able to elect an alternate steward to represent employees only when the steward is on vacation, sick leave, or leave of absence.

4.02 Such steward shall be elected by Union members employed by the employer. There shall be no

discrimination against the steward for Union activities. 4.03 The steward shall have no authority to alter, amend, violate or otherwise change any part of this

Agreement. ThestewardshallreporttothebusinessagentoftheUnionanyviolationofthis Agreement.

4.04 When and if there are more than three (3) employees in the bargaining unit at the time of a layoff, the steward will be considered the senior employee for purposes of the lay-off only providing he/she possess the necessary skills to perform the work.

4.05 Management shall recognize the steward or designate and shall inform them of all layoffs or

discharges and all Union personnel changes. This information shall be considered confidential. 4.06 The Employer shall entertain no complaint involving an alleged breach of any provision of this

Agreement until the complaining party has given a written statement of such complaint to the stewards or business agent.

4.07 A copy of the Employer's correspondence pertaining to Union members shall be given to the

Steward. The Employer shall supply a Union notice board for its postings. 4.08 The steward shall be allowed time to service any grievance. Representatives of the Union shall be

allowed to contact steward by asking permission of their supervisor or manager. 4.09 The elected steward shall act as the negotiating committee. The company will pay the steward for

up to eight hours per negotiating meeting with the company, up to, but not including conciliation.

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ARTICLE 5

GRIEVANCE PROCEDURE 5.01 Should any differences arise between the Employer and any of the employees; an earnest effort

will be made to settle such difference without undue delay. A meeting between the accredited representative and proper officials of the Employer will take place within five (5) working days of such difference reported. The Employer will render its decision within five (5) working days and record the response on the grievance record.

5.02 If the reply is not satisfactory, a meeting shall be held via conference call within five (5) working

days with the Human Resources Manager North America, and a reply shall be given within five (5) working days. If the grievance remains unsettled, it shall be subject to arbitration as follows.

5.03 Within five (5) working days after the final discussion between the Union and the Human

Resources Manager North America, the party desiring arbitration shall notify the other party in writing. A Board of Arbitration shall be immediately established consisting of one (1) appointee of the Union and one (1) appointee of the Employer, and a third (3rd) member to act as a Chairman, appointed on the recommendation of the first two (2) appointees. Should the members fail to agree on a Chairman within five (5) working days, they shall apply to the Minister of Labour for the Province of Ontario, who shall appoint a Chairman.

5.04 All grievances will be answered in writing with copies sent to the Union office, union steward,

and the employee. 5.05 Notwithstanding the foregoing time limits defined in the grievance procedure, the time limits for

first and second stages of the grievance procedure may be extended as agreed between the two parties.

5.06 Employees must be present at any stage of the grievance procedure, if so requested by either

party. 5.07 The Board of Arbitration shall not have the right to alter or change any of the prov1s1ons of this

Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties hereto will bear the expense of their appointee to the Board and will equally bear the fees and expenses of the Chairman. The decision of the Board shall be final and binding on both parties.

5.08 Payment of time and one-half will be made to the griever and steward for attendance at off-shift

grievance meeting -basis time spent in the meeting. 5.09 If the time limits are not reasonably adhered to, the grievance will be awarded to the griever.

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ARTICLE 6

RULES APPLYING TO TERMINATION OF EMPLOYMENT

6.01 The Employer may discharge or dismiss any employee for good cause upon one (1) weeks' notice or one week's pay in lieu of notice. In the event that the Employer feels it is necessary to discharge an employee, the Employer shall not discharge said employee unless one (1) written warning notice has been given to said employee (copy of notice to be forwarded to Union office), except that the Employer shall have the right to summary dismissal or discharge upon any of the following grounds or similar serious causes:

1. stealing or dishonesty;

2. drinking while on duty or being under the influence of liquor or drugs while on duty;

3. direct refusal to obey orders given by the proper party unless such orders jeopardize life,

health or safety of the employee. 6.02 An employee's record of written disciplinary action shall be removed from his record twelve (12)

months from the date that the disciplinary action was first entered on his record. Any employee may request to review his record with or without a Steward.

6.03 Each employee who desires to terminate his employment must give his employer one (1) weeks'

notice. If he fails to do so he shall, upon complaint from his Employer, be dealt with by the Union.

6.04 All employees, upon their request, shall receive upon leaving the Company, a letter of reference. 6.05 When an employee has been dismissed, the Employer shall send a copy of the dismissal notice to

the Union office within forty-eight (48) hours of the dismissal with the reasons for the dismissal.

ARTICLE 7

ESTABLISHING SENIORITY

7.01 Lists showing seniority of employees shall be compiled and kept posted on all bulletin boards. These lists will be revised every twelve (12) months, new employees' names to be added immediately and verified by the steward for posting. Where two employees establish seniority on the same date, seniority will be in alphabetic order of surname. A copy of the seniority list will be sent to the Union office.

7.02 Discharge or Resignation

Discharge or resignation of any employee shall constitute a break in service and loss of seniority and service. His/her seniority and service shall start anew on re-employment.

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7.03 Leave of Absence

(a) In the event of sickness of an employee, or in the event of sickness in the employee's family necessitating time off, leave of absence may be granted for a period up to six (6) months by mutual agreement between the Employer and the Union without loss of seniority. When requesting leave of absence because of sickness in an employee's family, a doctor's certificate must accompany the request before it can be considered.

(b) Where definite proof is given of extreme necessity, this leave of absence may be extended by mutual agreement between the Union and the Employer.

(c) Leave of absence for any other reason may be granted subject to the operational requirements

of the business.

(d) No employee shall be given leave of absence for the purpose of going into other employment.

(e) Requests for leave of absence must be made in writing with a copy given to the Union steward.

(f) Leave of absence for any reason other than sickness of an employee or sickness in an

employee's family should be requested with a minimum of six (6) months' notice in advance. If more than one (1) person applies for the same time period, leave will be granted on a first come first serve basis if by mutual agreement between the Employer and the Union

(g) The company will advise the employee within 30 days of request, as to whether leave of

absence has been approved. 7.04 Lay-offs

(a) In the event of a layoff, work force reduction or job elimination, the most junior employee shall be the first to be laid off, provided the remaining employees have the skill, ability and qualifications to perform the required work. (b) Employees to be laid off will be given five (5) days' notice if a lay off is to extend beyond one (1) week except in case of emergency.

7.05 Re-Employment Lists

All employees laid off by the Employer shall be placed on the Employer's seniority list for re-employment for five (5) years. All employees recalled within five (5) years from the date of layoff shall be given continued seniority for the total period employed.

7.06 Probationary Employees

When a new employee is hired the Employee shall consider the first eight hundred hours of his/her employment as a probationary period, which shall include Saturdays and Sundays. The probationary period can be extended by mutual agreement between the Employer and the Union.

7.07 The Company will advise the Union of the elimination of any job classification.

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ARTICLE 8

DAYS, HOURS OF WORK AND OVERTIME

8.01 The following outline the 24/7 shift pattern that is outline below:

(a) The shifts will be a two-week rotation pattern. Week 1 an employee on this pattern will work five 12 hour shifts with 2 days off on Wednesday and Thursday.

(b) On week two the employee will work two 12 hour shifts on Wednesday and Thursday with the other days off.

(c) Such employee will be scheduled for two weeks of day shift followed by two weeks of

afternoon/nights shift.

(d) Employees will be paid 48 hours for week one and 42 hours for week two.

(e) In the event an employee requires a sick day they will still receive their 48 or 42 hours of pay (provided they have remaining sick days).

(f) Employees who work the current five 8-hour shift can be utilized to cover vacation or sick

leave on the12 hour pattern.

These shift times may be altered by mutual agreement of the Company, the majority of employees and the Union. No employees shall be allowed to work contrary to the Employment Standards Act of Ontario.

8.02 No change in starting time of any employee shall take place until notification and explanation has

been given to the steward. An employee's shift shall not be changed unless one (1) weeks' notice is given to the steward and employee involved, unless otherwise agreed between the employee and the Employer.

8.03 Absenteeism by an employee without just cause or notification to the Employer shall be

considered abuse of this Agreement and may be cause for dismissal or suspension by the Employer or discipline by the Union.

8.04 All employees shall be entitled to a rest period allotted by management during each half shift.

Lunch periods shall not be within three (3) hours of starting time or after five (5) hours worked. 8.08 There shall be no split shifts unless jointly agreed to by the steward and the employee concerned

together with management. 8.09 Eight (8) hour shift, Monday to Friday, employees shall receive overtime at a rate of one and one-

half times the employee's normal hourly rate on Saturdays and double time the employee's normally hourly rate on Sundays.

8.10 Twelve (12) hour shift employees shall receive overtime at a rate of one and one-half times and

employee's normal hourly rate for the first additional unscheduled shift and double time the employee's normally hourly rate for the second consecutive additional unscheduled shift unless

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they are scheduled for formal training and they shall receive a rate of one and one-half times the employee's normal hourly rate.

8.11 Overtime work does not include:

(a) Time worked by an employee substituting for another at their own request. (b) A change of an employee's working hours at their own request.

ARTICLE 9

PAID HOLIDAYS AND VACATIONS

9.01 Vacations

Employees in their first calendar year of employment shall be eligible for one (1) day of one (1) year per full month employed up to ten (1 0) days. Employees in the service of the Employer for a period shall receive two (2) weeks' vacation with pay annually. Employees with a continued service with the Employer for a period of five (5) years shall receive three (3) weeks' vacation with pay. Employees with a continued service with the Employer for a period of ten (10) years shall receive four (4) weeks' vacation with pay. Employees with a continued service with the Employer for a period of seventeen (17) years shall receive five (5) weeks' vacation with pay. Employees with a continued service with the Employer for a period of twenty-eight (28) years shall receive six (6) weeks' vacation with pay. Employees completing their fifth (5th), tenth (10th), seventeenth (17th) and twenty-eight (28th) year of service in the vacation year shall be eligible for the additional week's entitlement in that vacation year. Vacation year is January 1st to December 31st.

9.02 In consideration of the manning requirements of the business, employees entitled to three (3),

four (4), five (5) or six (6) weeks' vacation may request additional leave during the regular vacation period. Such additional leave will be scheduled by the Employer and will be assigned on the basis of seniority. The Employer shall determine the number of employees who may be granted additional leave at any one time.

9.03 The following dates are to be observed with regards to scheduling of employee vacations

according to seniority:

On March 1st a vacation list will be posted. Employees wishing to schedule a vacation in the period May 1st -December 31st must submit a request to their supervisor indicating vacation weeks preferred by March 25th. The Employer will advise employees which weeks are granted no later than April 15th by posting a vacation schedule.

Seniority will be taken into consideration by the Employer in resolving any scheduling conflicts in the three-week period following the filing date providing original request was submitted by the filing date.

Seniority will not apply to scheduling of vacation weeks requested after April 15th. These requests will be considered solely on the basis of remaining weeks available at date of request on a first come first serve basis.

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9.04 Vacation pay for each week of vacation entitlement shall be computed at the rate of two percent (2%) of the previous years' earnings as per T-4 slips less vacation pay, taxable benefits and allowances, or the equivalent of forty (40) hours at the base rate of the employee at the time of vacation, whichever is the greater. Such vacation pay shall be paid on the Wednesday payday before the scheduled vacation provided sufficient notice (2 full weeks) is given by the employee. All vacation entitlement must be taken in the vacation year.

Employees who have been absent for a period in excess of thirty (30) days during the vacation year as defined in 9.04 shall be eligible only for vacation pay based on the percentage calculation applied to their T-4 slip of the year prior excluding employees who have been on WSIB and/or Weekly Indemnity.

New employees shall receive 4 percent (4%) of their total earnings and time off as per Article 9.01.

9.05 Any employee terminating his employment with the Employer who is entitled to two(2), three

(3), four(4),five (5)or six (6) weeks' vacation, depending on his length of service, shall receive vacation pay at the rate of 4, 6, 8, 10 or 12% of his earnings as the case may be for any unused earned.

9.06 Persons who are on lay-off because of shortage of work for any part of the vacation year but who

have sufficient seniority to qualify for more vacation payment than provided under Employment Standards Act, shall receive vacation pay based on their vacation credits, i.e. 4, 6, 8, 10 or 12% as the case may be, for such vacation year for time actually worked for the Employer.

9.07 It is further agreed that the offices of the Union will help as far as possible in trying to provide

extra help to take care of vacation periods. 9.08 Paid Holidays

Employees shall qualify for payment at their regular shift amount for the following paid holidays:

New Year's Day Canada Day Christmas Eve Family Day Civic Holiday Christmas Day Good Friday Labour Day Boxing Day Victoria Day Thanksgiving Day New Year's Eve

Revised Premium only paid for hours worked on stat day.

9.09 Probationary employees, persons on weekly indemnity, persons off on WSIB benefits, and

persons on lay-off up to thirty (30) days at the time of the paid holiday, shall qualify for payment. Persons on lay-off in excess of thirty (30) days or on leave of absence shall not qualify for paid holiday payment.

9.10 If an employee is required to work on any paid holiday, he shall receive at the discretion of the

employee, an extra two (2) days pay or two (2) days in lieu. The Employer must be notified within three (3) days of the employee's decision. Available lieu days as determined by the Employer will be posted, and employees will bid on seniority basis for available days.

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9.11 Should any paid holiday occur during an employee's vacation or day off, he shall receive either a day in lieu thereof or a day's pay at the employee's choice. If a day in lieu, is requested by the employee, it will be scheduled consistent with production requirements.

ARTICLE 10

UNIFORMS

10.01 All inside employees will be supplied with uniforms suitable to perform their work assignments. 10.02 Employees who require parkas as part of their normal job duties will be supplied with one to be

replaced when needed but not more than one per year. Alternatively, they may choose a vest. 10.03 On an annual basis, the Company will reimburse to any employee, the cost of Company-specified

safety footwear upon receipt of invoice (as recommended via the Joint Healthand Safety Procedures). Company-specified safety footwear is mandatory for all employees. Other safety footwear will be reimbursed to a maximum of $1 70.00 on an annual basis. Payment will be made in the next payroll. Safety footwear must be worn at all times in the plant. Allowance may be banked if not used up in the year.

10.04 Employees required to work outside will be supplied with raincoats and rubber boots.

ARTICLE 11

SOCIAL WELFARE BENEFITS

11.01 Pension Plan Allowance

The Company agrees to introduce a defined contribution pension plan administered through Manulife effective May 1, 2012 as follows: 3% Fixed employer contribution and a 3% Matching employer contribution 100% on T-4 earning; employee must contribute 3%.

11.02 Welfare Plan

(a) Benefits will be supplied by Manulife Financial paid by the Employer.

(b) Disability Income / Sickness and Accident Insurance for employees while employed. Effective with disabilities commencing on or after May1, 2016: $700 per week of the higher of 60% of regular wages.

A maximum benefit period of 180days, commencing on the first day of absence due to non-occupational accident or the fourth day of absence due to illness. It is understood that the Company will bear the total cost of providing the above Sickness and Accident Plan in lieu of the Employment Insurance program, therefore, the premium credit including the employee's portion by the Unemployment Insurance Commission or any governmental source, shall be retained by the Company.

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(c) All new permanent employees shall become eligible for the benefits upon employment and completion of the appropriate paperwork. Employees returning from lay-off or leave of absence shall be entitled to the above benefits from the first week of re-employment.

11.03 Prescription Plan

As per Manulife Financial plan 11.04 Sick Pay Plan

The Employer agrees to provide a sick pay plan on the following basis:

(a) A bank of 5 days sick pay credits will be established for each employee beginning on the 16th day of December of each year. This bank of 5 days will be reduced by one half (1/2) day each month not worked. Draw will be at employee's choice. An adjustment will be made to an employee's closing cheque if they fail to complete the

full year of service. For those on the 12 hours shift the maximum sick bank will be 60 hours.

i. Where an eligible employee is absent because of sickness or non-occupational accident and has established a claim under the weekly indemnity plan, or is absent due to occupational accident, such employee shall continue to receive sick pay credits at one half day per month during the period of absence, up to a maximum of six months.

ii. An eligible employee who is laid off in any calendar month must have 10

working days credit in that calendar month to qualify for sick pay credit.

iii. An eligible employee who is on leave of absence must have 10 working days credit in a calendar month to qualify for sick pay credit.

(b) Pay-Out: It is agreed that the Employer will pay off any unused sick pay credits at the end of

each calendar year. This payment will be made by December 15th of each year. Payments will be calculated on the basis of current wage rates.

(c) Additionally, employees with perfect attendance shall receive one paid day off work at an agreeable time.

11. 05 Dental Plan

As per Manulife Financial plan 11.06 LTD

As per Manulife Financial plan

11.07 Vision Care As per Manulife Financial plan; the Company will pay the different and increase eye care benefit to $400. The Company will also pay for eye exam once every two years a maximum of $75.

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11. 08 Retirement Benefit

Employees aged 55 or more who have a combined age plus service of 80 years or higher and elect to take early retirement will have prescription drug plan, Vision Care and Dental Plan premiums paid on their behalf to age 65 years.

11.09 Lay-off Benefits

The company will extend benefits coverage for laid off employees for four months following month of lay-off.

11.10 Fitness Plan

$150 per year with receipt and proof of membership in a fitness club.

ARTICLE 12

GENERAL NOTES

12.01 This Agreement shall not take from the employees any privileges they have hitherto enjoyed, except as are specifically dealt with in this Agreement.

12.02 No employee shall be asked or permitted to make any verbal or written agreement which may

conflict with the Agreement. 12.03 Employees are not permitted to engage in any other major occupation or business during the

course of their employment. 12.04 In the case of lock-outs or strike of any Union, it shall not be considered a violation of this

Agreement for any member of the Union to refuse to deliver goods where such a controversy is going on.

The Union will not call or sanction or enforce any sympathetic strike of its members and the Employer shall not aid other Employers in any fight that may be waged against the Union.

It is agreed that the participation of any employee in any such controversy shall not interfere with his regular duties with the Company.

12.05 It is also agreed that Appendix "A", the wage summary, Appendix "B", counseling procedure

guidelines, and Appendix "C", no fault attendance policy are recognized as part of this Agreement.

12.06 In the event of a death in the immediate family of an employee covered by this Agreement, the

Employer agrees to grant the employee the necessary time off without loss of pay up to five (5) days. Immediate family shall be considered as father, mother, mother-in-law, father-in-law, wife, husband, common law spouse, sister, brother, son or daughter.

Two days bereavement time off with pay will be allowed for the death of grandparents, grandchildren, sister-in-law or brother-in-law.

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12.07 Where it is necessary for any employees to be absent from work on Union business, the Employer agrees to release such employee for the time necessary at the request of the Union, at no expense to the Employer. The Employer shall allow the steward to attend two days of steward training each calendar year without loss of pay. Proper notification must be given to find coverage for the absent employee.

12.08 Where an employee is called for jury duty or is subpoenaed as a witness, the employee shall be

paid his full pay by his Company. Such employee will give their jury pay or witness pay cheque to the Company in return.

12.09 Shift scheduling shall generally be on a rotational basis. Before any changes to a rotational shift,

the Employer and the Union agree to discuss and mutually agree to change in the present system. 12.10 (a) The company will continue training programs as required by the operation. The employer will

make best efforts to provide sufficient training for employees.

(b) The company will create a joint training committee to give recommendations regarding all job training requirements.

12.11 The company will provide the Union with a supply of printed contracts. 12.12 Education Assistance

One hundred percent (100%) of Tuition fees and textbooks are paid by the Company for any course an employee is asked to take or is required to take as a condition of employment. The Company will pay fifty percent (50%) of the cost initially and fifty percent (50%) after the employee successfully completes the course.

12.13 It is the duty of all employees to make sure they are clean and tidy while processing food and it is

agreed that an employee failing to comply with this request will be subject to discipline by management.

ARTICLE 13

SUPERVISORS

13.01 No person who is excluded from the bargaining unit will be allowed to perform duties of an employee in the bargaining unit except in the case of emergency or for the purposes of training an employee.

ARTICLE 14

JOBBING OUT

14.01 For economic and/or capacity reasons it may from time to time be necessary for the Company to assign work to individuals outside the scope of the Collective Agreement. Should this be necessary, the Company and Union will meet and discuss the reasons for such work assignment.

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ARTICLE 15

SEVERANCE PAY

15.01 Employees laid off after May 1, 2004, shall be placed on the re-employment list for five (5) years. Such employees shall be eligible for severance pay if not recalled within thirty (30) days. Severance pay will be calculated on the basis often (10) days pay per year of service up to the date of layoff. Partial years entitlement will be calculated to the nearest completed week of service. Employees may apply for severance pay at any time within the five-year time period above, provided they waive, in writing, their re-employment privileges and resign their employment at that time.

ARTICLE 16

SAFETY COMMITTEE

16.01 Any employee identifying a safety problem which needs attention should relate this concern directly to their immediate Supervisor.

An employee will not initiate a grievance regarding safety unless he/she has been unable to resolve the issue by the above procedure.

Appendix "A"

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Agreement on Rates May 1, 2016 May 1, 2017 May 1, 2018

Maintenance/ Operator $36.77 $37.60 $38.54

"A" Level (18-20 months)

Advanced Trouble Shooting

$32.71 $33.45 $34.28

"B" Level (6-8 months) Refining

Knowledge of vacuum systems,

liquid ring pumps, nitrogen and steam

systems Basic Trouble Shooting

$29.35 $30.01 $30.76

"C" Level (6 months)

Bleaching Multi-Purpose Vessel

Deodorizing

$27.07 $27.68 $28.37

Entry (6-8 months) Load & unload

trucks and containers

Load Bleacher from crude tanks

Waste Water Treatment

Basic Knowledge of piping and

valves and water system

$24.82 $25.37 $26.01

Probation (800 hours) $21.45 $21.93 $22.48

Note: All members will receive a signing bonus of $1,000 with the signing of this contract. When performing work of a higher paid classification the higher rate will be paid on all hours worked in that classification to the nearest hour.

Appendix "B"

Counseling Procedure Guidelines

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These guidelines are intended to help the Company identify at the earliest possible stage

employees having performance and/or employment relations problems, and through

implementation of a positive, non-disciplinary counseling procedure, to identify and address in a

constructive way the underlying cause(s) of such problems in order to help bring about a

consistently high level of performance by the employee. While it is hoped that such an approach

will reduce the need for disciplinary action in many cases, it is not meant to be a substitute for

discipline where circumstances warrant.

Supervision and the human resources manager will be required to define and communicate to

employees, to the maximum extent possible, the performance standards expected of them and to

closely monitor such performance on some periodic basis, in order to promptly identify those

employees regularly or consistently falling below standard. Depending upon the conduct

involved, and unless more immediate disciplinary action is deemed necessary, some or all of the

following steps should be substantially followed when such problem cases are identified:

Counseling I

The employee's Plant Manager, after consulting with the Human Resources Manager, should

counsel the employee concerning the performance or conduct which precipitated the action. A

Union steward should be present. The Plant Manager should review both the specific

deficiencies in question, and the Company's expected performance standards. This session

should be a two-way communication, in an effort to identify the underlying cause(s) of the

problem, to recommend means to correct the problem, and to identify what improvement, over

what time period, will be expected in the future. A written notation of this conversation signed

by the supervisor, should be placed in the employee's personnel file, with copies to be distributed

to the employee, to Human Resources and to the Union [a person or persons designated by the

Union].

Counseling II

If, after the initial counseling session, the employee has failed to significantly improve his/her

performance, again upon consulting with the Human Resources Manager, a second counseling

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session should be held. This time, the business manager or some other appropriate management

official should attend along with the employee and his or her shop steward. The discussion

should again focus on specific expectations and deficiencies, with particular emphasis on the

lack of improvement demonstrated since the initial counseling session. Efforts to identify the

causes, to recommend means of improvement, and to define expectations for the future should be

continued. Once again, a written record of the conversation should be made and distributed as

outlined for Counseling I, but this time a request should be made of the employee to sign the

memorandum.

Final Counseling

The final counseling session, if deemed appropriate, is in the nature of a final warning, i.e., to put

the employee on notice that the Company may be forced to terminate him/her unless immediate,

real and consistent improvement in performance can be demonstrated. This step should be taken

only after a thorough review by Human Resources of the history and background of the case, to

ensure that the contemplated treatment is otherwise consistent with Company policies and

practices. The same Human Resources person should be present at the meeting with the

employee, along with those who attended the previous session, except that it may be appropriate

to have the Union Steward present. Another memorandum describing the discussion, including

the specific improvements required, over what time period, to avoid termination, should be

drafted and distributed as above. Again, the employee's signature should be requested.

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APPENDIX "C" - NO FAULT ATTENDANCE POLICY IOI GROUP LODERS CROKLAAN

ATTENDANCE IS BASED UPON A 12-MONTH ROLLING PERIOD*. EACH EMPLOYEE WILL BEGIN EMPLOYMENT AT ZERO (0) POINTS. POINTS ACCUMULATE AS FOLLOWS:

.25 POINTS FOR EACH TARDY/EARLY QUIT UP TO 59 MINS .50 POINTS FOR EACH TARDY/EARLY QUIT OF 1 HOUR OR MORE

1.0 POINT FOR EACH ABSENCE 2.0 POINTS FOR EACH NO CALL

CORRECTIVE ACTION AS FOLLOWS: 00 POINTS -EMPLOYEE STARTING POINT 01 POINTS 02 POINTS 03 POINTS 04 POINTS 05 POINTS 06 POINTS COUNSELING ONE (C-1) 07 POINTS 08 POINTS 09 POINTS MTG WITH UNION REP/DEPT SUPV (C-2) 10 POINTS 11 POINTS LAST CHANCE NOTICE 12 POINTS TERMINATION OF EMPLOYMENT

NOTE: IN THE CASE OF AN ABSENCE DUE TO MEDICAL CONDITION FOR WHICH THE EMPLOYEE WAS REQUIRED TO SEE A LICENSED PHYSICIAN, ONLY THE FIRST DAY OF SUCH ABSENCE WILL RESULT IN A POINT ADDED, PROVIDED THE EMPLOYEE PRESENTS THE COMPANY WITH WRITTEN CERTIFICATION FROM THE EMPLOYEES' ATTENDING PHYSICIAN COVERING THE ENTIRE PERIOD OF ABSENCE. OTHERWISE, A POINT WILL BE ADDED TO THE EMPLOYEE'S POINT TOTAL FOR EACH DAY ABSENT. ONE DAY NO CALL NO SHOW WILL BE AUTOMATIC TERMINATION. PRE-ARRANGED OVERTIME WILL COUNT AS SCHEDULED WORK. EMPLOYEES WHO ARE GOING TO BE ABSENT FROM WORK MUST CALL OFF AT LEAST 3 HOURS BEFORE SHIFT BY CALLING THEIR IMMEDIATE SUPERVISOR/MANAGER. * POINTS DROP OFF 12 MONTHS TO THE DAY AFTER INCURRED.

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Name: Signing of this form does not indicate Agreement, but only signifies you have been informed of the action and received a Copy of the Discipline Notice.

Violation:

Date: As a Result of the Above Action, Your Total Points is ________________________

Disciplinary Action:

Supervisors Signature: Date:

Employee’s Signature: Date:

Union Representative Signature: Date: Dated at_________ this day_____________ of _____________________ FOR THE COMPANY FOR THE UNION

Gary Bast (Business Representative)

Martin Cerqua (President, Business Rep)

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Letter of Understanding

LODERS CROKLAAN CANADA INC.,

and

MILK AND BREAD DRIVERS, DAIRY EMPLOYEES,

CATERERS AND ALLIED EMPLOYEES LOCAL UNION NO. 647,

affiliated with the International Brotherhood of Teamsters

Re: Possible Change from Defined Contribution to Defined Benefit Pension Plan

Provided the employees, the employer, and the pension all agree during the term of the collective

agreement Parties may switch from their Defined Contribution plan to the Teamsters Ontario Multi

Employer Pension plan. The Teamster pension plan requires a defined contribution but provides for a

defined benefit pension for

its members.

If such switch occurs, it will be revenue neutral for both parties.

Dated at ___________ this day___________ of _________________ FOR THE COMPANY FOR THE UNION

Gary Bast (Business Representative)

Martin Cerqua (President, Business Rep)

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Who is Teamsters Canada?

At the turn of the century, drivers were delivering merchandise with teams of horses drawing the wagons, wherefrom the name Teamsters. The two horses in our logo looking in opposite directions, represent the two rival unions that joined forces in 1903 to form the International Brotherhood of Teamsters. The middle circle of the logo represents the wheel of a horse-drawn wagon. It was during these early years that the Teamsters earned a reputation for being a strong, dynamic, militant Union that stood up for its rights and its jurisdictions. The Canadian Conference of Teamsters was created in 1976; this was done in recognition of the special needs, interests and aspirations of its Canadian membership. The Canadian membership has grown from 74,000 members to more than 115,000 members today. In 1995, Teamsters Canada negotiated the terms of a proposed Canadian sovereignty amendment to the International Constitution, which would grant Teamsters Canada more autonomy and control over Canadian membership issues. Since 2001, a major change to the International Constitution recognizes the autonomy of Teamsters Canada.

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Teamsters Canada Services

Teamsters Canada represents approximately 115,000 members across the country in various industry sectors. The Teamsters’ national office is in Laval, Quebec. Two other regional offices are located in Ontario and British Columbia. Evolving services Due to its rich experience, our union has developed appropriate tools over the years in an effort to better help our members. Historically, unions restricted themselves to negotiating collective agreements and dealing with members’ grievances. Times have changed, as well as laws, and we have adapted. Our services are set up to better respond to the new realities of our members. Strike funds To be ready to confront the employer and establish our position of power in negotiations, Teamsters Canada created a Canadian strike fund in 1994. (Strike pay currently $300.00 per week). Communications Teamsters Canada has its own website, (www.teamsters.ca), which is updated regularly. All union news is reported there. In addition, the Communications Department puts out a magazine as well as information brochures for members. Lastly, it supports local unions during press briefings (preparation, organization, etc.). Union training A number of training courses are offered across the country. These courses, which are regularly offered to Shop Stewards, accident prevention officers, union advisors, etc., are developed and updated regularly to consider new realities in the work world, changes in legislation and jurisprudence, in accordance with the needs of the members we represent. Various courses are offered, such as: psychological harassment, violence in the workplace, collective bargaining, grievance procedure, occupational health and safety, etc. Government lobbyists Due to current government policies, our union has decided to get involved in various political parties in order to better pressure the governments elected. Our union is the only one in Canada to have in its ranks two people whose sole mandate is to lobby the government. The mission of these lobbyists is to make our union position and our demands known, so that new legislation and amendments reflect our vision. They have been called to participate in a number of important matters, including occupational health and safety, etc.

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Student scholarships and essay contests In order to help high school seniors in their studies, each year in Canada, 15 academic scholarships of $1,000 and $10,000 are disbursed to Teamster members’ children planning to attend a four-year university or college program. $ 2,000 awards for use at community colleges and trade schools. In addition, in an essay contest, young people can submit a text for a chance to win one of five $1,000 scholarships awarded throughout the country. Online application process can be found on the James R. Hoffa Memorial Scholarship Fund’s website: www.jrhmsf.org Teamsters Canada offers scholarships as well, information and application process can be found on the Teamsters Canada website: www.teamsters.ca Research In-depth ongoing research underlies the collective bargaining process. Teamsters specialists are ready for any eventuality, as they are constantly compiling the results of their research. Teamsters’ specialization and research departments are supported and backed by the general executive and the International Brotherhood, whose head office is in Washington. Organizing For Teamsters Canada’s President, organizing is a priority because it is the essence and the heart of a good labour union. Our Canadian Organizing Director, with the help of representatives from every part of the country and in collaboration with local unions’ organizers, works to build the Canadian Teamsters membership. Their main role is to organize the non-unionized and the misrepresented members. One must not forget however that the best organizers come from within our ranks. Affiliations With the rise of globalization, as a large, strong union, it was necessary to adapt and create relationships with provincial organizations (worker federations), national organizations (Canadian Labour Congress) and international organizations (ITUC and IBT). Teamsters play an active role in these associations, so that, in their actions, they will take into account the interests of the members we represent.

• International Trade Union Confederation (ITUC) http://www.ituc-csi.org

• Canadian Labour Congress (CLC) http://canadianlabour.ca/

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• District Labour Councils http://canadianlabour.ca/index.php/Conseils_du_travail?language=en

• Federation of Labour http://canadianlabour.ca/index.php/Kevinerations_fr?language=en

Over the past decades, unions decided to make use of these organizations to coordinate various services, in order to support each other in various recruitment drives and during disputes. Women’s Committee Due to the ever-growing number of women in our organization, our union sits on the Canadian Labour Congress (CLC) and International Brotherhood of Teamsters (IBT) women’s committees.

Teamsters Youth Committee

During a meeting held in January 2009, the Teamsters Canada Executive Board voted in favour of the creation of a national Youth Committee in its organization. On June 9, 2009, during the 10th Convention of Teamsters Canada, a resolution to this effect was adopted unanimously by the attending delegates. In order to set up this Committee, each Joint Council and Conference was asked to appoint representatives aged below 35 years to this Committee. In total, 15 youth, men and women of various ages, backgrounds and religions, were appointed. They represent various regions and fields of activity.

The Committee’s mandate is, amongst other things, to provide a voice for young members, advise Teamsters Canada on matters of interest to young members and support Teamsters Canada in its activities. The Committee’s main goal is to unite the young members of different Local Unions through local, regional, provincial and national networks. Youth account for a significant percentage of Teamsters members and represent a powerful resource for the union. The Committee deems that the active participation of young members will give the union more leverage at the bargaining table, during organizing campaigns and in the political arena.

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Grievance, Complaint, Disagreement

The Grievance

The grievance is a mechanism negotiated by both parties to a Collective Agreement, the Employer and Union, to settle disputes and of which they are sole owners. This is why a grievance cannot be filed against another employee. This is also why the Union is the only one to decide if a grievance will proceed to arbitration.

A grievance originates from any violation of the collective agreement. Grievances are also used to clarify ambiguous clauses that are hard to interpret, and when disciplinary measures have been taken. Lastly, subsequent to the 2004 decision by the Supreme Court of Canada, a grievance can be filed every time a provision of labour legislation is infringed.

Therefore, for a grievance procedure to defend one’s rights, there is an essential condition. There has to be an article in the collective agreement that provides for that right, whether it is an article on overtime work, seniority, work schedule, statutory holidays, workplace health and safety, etc., or a violation of labour laws.

In concrete terms, if an employer acts or takes a decision that violates the collective agreement or a Labour Law, there is ground for grievance. For instance, the Employer posts a position according to hiring provisions described in the Collective Agreement. Two employees bid on that position which is granted to the junior employee. This is contrary to seniority provisions provided in the Collective Agreement and it is the senior employee’s right to file a grievance. The purpose of his grievance is to demonstrate that the Employer has violated provisions of the Collective Agreement and to force him to remedy the situation.

Why should we bother going through the grievance procedure to settle a violation of the Collective Agreement? Why not just walk out until the Employer decides to “smarten up”. The answer is simple. It is illegal and unrealistic to think that labour disputes can be settled this way! It is illegal because, during the Collective Agreement, the Union and the Employer MUST settle their differences about the Collective Agreement without work stoppage.

The grievance procedure is the only way to settle problems arising from the interpretation and application of the Collective Agreement and Labour Laws during the terms of this same agreement. It is also agreed between the Union and the Employer that employees will not resort to strike action to settle grievances and the Employer agrees to settle disputes promptly. It may seem to you that the employee will be the losing party; remember that in non-unionized companies, the Employer is still the only one to manage, discipline and discharge employees as he wishes, and their only recourse is to file lawsuits, when and if they can.

Work Now, Grieve Later!

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Even if there are grounds for a grievance, an employee cannot refuse to follow an order from the employer. Refusal to work is considered as insubordination. However, there are some exceptions to the rule “work now, grieve later”. There are situations where continuing to work could have consequences so severe for the employee that even if he wins his grievance, it would never allow him to overcome the prejudice he suffered (whether illegal or situations where the health and safety of the employee are at risk). Don’t grieve too late! Most collective agreements set a time limit and a procedure to follow in order to file a grievance. Follow the steps and time limits of your grievance procedure. You may end losing your grievance just because it was filed out of the delay, so be attentive to your time limits.

The Complaint

A complaint arises from any disagreement regarding the application or interpretation of a law. In this case, it is possible to resort to procedures set out pursuant to the law. For example, an employee is the victim of discrimination with respect to his age, race, colour, religion, sexual orientation or a handicap. He can file a complaint with the Human Rights Commission, but it is also possible to file a grievance, as this is an infringement of labour legislation. In the event of a complaint, the Shop Steward’s role is to inform the member of his rights and steer him toward the proper resources. In fact, a complaint is a personal remedy that only that person can institute. The union cannot take the initiative but must provide the member with support.

The Disagreement

The disagreement originates from a misunderstanding of an Employer’s decision with regard to a condition not covered by the Collective Agreement. It will therefore be possible for you to discuss with the Employer to try to settle the dispute.

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The Grievance Procedure & You!

Article 5 of your collective agreement is one of the most important in your contract!

The first thing to remember is all grievances should be discussed with the individual Union member, their Union Steward and Supervisors first. Hopefully, the issue is resolved verbally at the first opportunity. If the matter is not resolved, the member and the department Union Steward need to file a written grievance and have a meeting to discuss the matter in greater detail.

Remember do not wait, collect all the related documents, schedules, paystubs, previous discipline, or anything that may be useful in explaining or proving your case.

Remember the 5 W’s

• Who • What • Where • Why • When

Writing the Grievance

The ideal grievance should be written in such a way that it is short, simple, and specific. It should highlight who is involved, the problem, and request redress (full compensation). It should not go into arguments in the grievance form. The arguments and evidence will be dealt with in the grievance meetings.

It is also important to note that the phrase “and/or any other clause in the collective agreement which may be applicable” must be included after the original problem statement. This allows the Union to argue the whole collective agreement not one article only.

It is also important to ask what you want from the grievance. But always include “I request full redress including but not limited to” (a remedy that you are looking for) or, in disciplinary cases state “I request full compensation and my record made whole”. Always make sure to sign the grievance form.

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Example Grievances:

Individual Contractual Grievance:

The Company failed to offer me 4 hours of over-time on Tuesday March 4th when it used part-time employees before asking me to work. The Company violated articles 8, 9, & 19 and/or any other article the collective agreement that may be applicable.

I request full redress including but not limited to the hours in question.

Group Contractual Grievance:

The Company failed to pay us correctly for the hours worked during the week of the statutory ending on July 6th.

We request full redress including but not limited to being paid all outstanding wages

Violations of Employees Rights/Unfair Discipline Grievance:

I am protesting the suspension issued on September 1st without just cause and contrary to article 25 and/or any other article in the collective agreement that may be applicable. I believe that management did not act in a fair and reasonable manner.

I request full compensation and my record made whole

Union Policy Grievance:

The Union protests the new Company policy without the Union agreement or approval. This policy violates the collective agreement and is an unfair & unreasonable exercise of their management rights.

The Union requests full redress for all applicable members including the policy be withdrawn.

Labour Law Grievance:

The Union is protesting the high temperatures in our workplace that violates article 3 of the Collective Agreement and/or the Health & Safety Act of Ontario.

The Union request full redress for all affected members and that immediate action be taken to resolve the problem.

Remember resolving the Grievance quickly and at the earliest step is very important.

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WSIB Rights & Obligations for Workers

Report All Workplace Injuries & Illnesses

What if someone gets injured at work or the work makes them ill?

1. Follow these key steps: Ø Get first aid immediately, or medical care if needed.

Ø Tell the employer or supervisor about the injury or illness as soon as possible.

2. Remember if you are injured at work ?

Ø tell your employer immediately;

Ø get medical treatment right away if required!

When the WSIB registers the claim, they will send you a form 6 so you can describe what happened. You should complete, sign and send this form back to the WSIB as soon as possible. This is important because we need your signature to get your permission for your doctor to give your employer information to help with early and safe return to work.

If you get Medical treatment?

1. Tell the person treating you that the injury happened at work.

2. The doctor or person treating you needs to complete a report and send it to the WSIB so you can claim benefits. On the form there are places for you to give information about yourself and your employer.

When not to claim benefits;

Do not make a claim if ALL FOUR statements that follow are true:

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1. only first aid treatment was required

2. you did not take any time off work

3. your pay was not affected

4. your job duties did not change as a result of the injury.

5. The employer must pay you full wages for the day of injury.

What are my other responsibilities if injured at work?

Workers need to:

• stay in contact with your employer while you recover

• talk with your employer about ways to return to work quickly and safely, including doing different work from your regular job, or working shorter hours.

Co-operation: a worker’s obligation

To get disability insurance benefits from the Workplace Safety and Insurance Board, a worker has an obligation to co-operate with the Company for a safe return to work.

If the worker refuses to co-operate and has no reasonable cause, the WSIB may reduce or suspend the worker's benefits.

What are the activities the injured worker must co-operate with?

Workers must:

• co-operate in the health care and prescribed treatment indicated by the WSIB

• undergo a health examination at the direction of their health professional or the WSIB

• provide information to the WSIB to assist in the adjudication of their claim an

• co-operate in an early and safe return to work or labour market re-entry assessment and plan, as indicated by the WSIB.

Planning for an early and safe return to work

All workers and employers are required to co-operate in return to work efforts. In Ontario, returning an injured worker to work is a shared responsibility, primarily between the employer and the worker.

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Functional Abilities Form;

The Functional Abilities Form for Planning Early and Safe Return to Work (2647A) is a tool to help workers and employers meet their return to work obligation. When completed, it helps workers and employers arrange an early and safe return to work. The information gathered highlights what a worker can do after a workplace injury, what limitations apply, and whether the worker requires a specific period of “time to heal”. The Functional Abilities Form is completed at the request of either the worker or the employer. It does not replace Form 7 (Employer's Report of Injury/Disease), Form 8 (Health Professional's First Report) or any other reporting form required by the WSIB.

When do the workplace parties use the Functional Abilities Form?

Workers and employers can ask a health professional who is treating the worker to complete this form so they can have the functional abilities information that is needed to identify suitable work for the returning employee. With detailed information about the worker’s ability to lift, walk, stand, etc., the employer can identify possible job accommodations as part of a phased return to work while the worker continues to recover from the workplace injury/illness.

Who can complete the Functional Abilities Form?

This form can only be completed by a health professional who is treating the worker. This includes

physicians, chiropractors, physiotherapists, etc. (a member of the College of a health professional as defined in The Regulated Professions Act, 1991).

Workers & the Functional Abilities Form

Complete the Worker’s Signature section of the Functional Abilities Form to authorize the health professional who is treating you to release functional abilities information to your employer. Bring the signed form to your health professional and ask the health professional to complete the form.

The employer must:

• Pay the worker’s wages for the day or shift the injury occurred

• Arrange and pay for transportation to get medical care if it is needed

• Give you a copy of the accident report once it is completed.

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When can workers claim benefits?

As a worker, you can claim benefits if you have:

• received medical attention and/or

• lost time or wages from work beyond the day of injury

• continued to work, but on a reduced work schedule, at regular or reduced wages.

What are my other responsibilities if injured at work?

You need to:

• stay in contact with your employer while you recover

• talk with your employer about ways to return to work quickly and safely, including doing different work from your regular job, or working shorter hours.

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Someone Else

The Union was saddened to learn this week of the death of one of our most valuable member: Someone Else. Someone's passing created a vacancy that will be difficult to fill. Else had been with us for many years and for every one of those years, someone did far more than a normal person's share of the work. Whenever leadership was mentioned, this wonderful person was looked to for inspiration as well as results. Whenever there was a job to do or a meeting to attend, one name was on everyone's list: "Let Someone Else do it."

It was common knowledge that Someone Else would make up the difference. Someone Else was a wonderful person, sometimes appearing super-human; but a person can only do so much. Were the truth known, everybody expected too much of Someone Else. Now, Someone Else is gone. We wonder what we are going to do.

Someone Else left a wonderful example to follow, but who is going to follow?

Who is going to do all the things that Someone Else did?

If you have an opportunity to participate in the affairs of your union or your community, remember - we can't depend on Someone Else anymore.

If you are laid off, on sick leave, leave of absence, discharged or voluntarily leave your employment, make sure you apply to your local Union office for a withdraw card.

Do not ask your Stewards, Do not ask your Business Representative, the Responsibility is yours.

To be eligible member you must have your dues paid up and including the month in which you request the withdraw card.

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The Teamsters are known as the champion of freight drivers and warehouse workers, but have organized workers in virtually every occupation imaginable, both professional and non-professional, private sector and public sector.

Our 1.4 million members are public defenders in Minnesota; vegetable workers in California; sanitation workers in New York; brewers in St. Louis; newspaper workers in Seattle; construction workers in Las Vegas; zoo keepers in Pennsylvania; healthcare workers in Rhode Island; bakery workers in Maine; dairy workers in Ontario: airline pilots, secretaries and police officers. Name the occupation and chances are we represent those workers somewhere.

There are nearly 1,900 Teamster affiliates throughout the United States, Canada and Puerto Rico, with the following breakdown:

Teamsters stand ready to organize workers who want to bargain collectively. Once a contract is negotiated and signed, the Union works to enforce it—holding management accountable and invoking contract grievance procedures if management chooses not to. Wages and benefits under Teamster contracts are markedly better than those of non-union employees in similar jobs. Teamster contracts are the guarantors of decent wages, fair promotion, health coverage, job security, paid time-off and retirement income.

The Teamsters Union also performs vital tasks in such areas as pension management, safety & health, community outreach, governmental affairs and communications. For more than a century, the Teamsters have been a public voice for the rights and aspirations of working men and women and a key player in securing them.

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UNION CONTACT INFORMATION

President:

Martin Cerqua 979 Derry Road East Mississauga, Ontario L5T 2J7

Work Phone: 905-760-0209

e-mail: [email protected]

Business Representative:

Gary Bast 979 Derry Road East Mississauga, Ontario L5T 2J7

Work Phone: 905-760-0209

Cell: 519-502-3875 e-mail: [email protected]

Teamsters Local Union Office

979 Derry Road East Mississauga, Ontario L5T 2J7

Web Site: www.teamsters647.ca

Phone: 905-760-0209 Tol free: 1 800-387-9924 Fax: 905-760-8615

e-mail: [email protected]

If you are off work for longer than one month, discharged or voluntarily leave your job make sure you apply to Teamsters Local Union office 1-800-387-9924 for a withdrawal card. The responsibility is yours.