collective agreement between wajax industrial …

COLLECTIVE AGREEMENT

Between

WAJAX INDUSTRIAL COMPONENTS

and

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS

LOCAL LODGE 1922

EFFECTIVE JANUARY 1, 2021 THROUGH DECEMBER 31, 2021

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ARTICLE 1:00 - RECOGNITION ............................................................................................................................ 3

ARTICLE 2:00 - CO-OPERATION ......................................................................................................................... 3

ARTICLE 3:00 - DISCRIMINATION ....................................................................................................................... 3

ARTICLE 4:00 - MANAGEMENT ........................................................................................................................... 3

ARTICLE 5:00 - COMPANY PERSONNEL ........................................................................................................... 4

ARTICLE 6:00 - SHOP COMMITTEE PERSONNEL ............................................................................................. 4

ARTICLE 8:00 - DETERMINATION OF DISPUTES .............................................................................................. 5

ARTICLE 9:00 - ARBITRATION............................................................................................................................. 6

ARTICLE 10:00 - UNION SECURITY AND CHECK OFF ..................................................................................... 6

ARTICLE 11:00 - SENIORITY, LAY-OFF AND DISCHARGE ............................................................................... 7

ARTICLE 12:00 - VACATIONS WITH PAY ........................................................................................................... 9

ARTICLE 13:00 - BEREAVEMENT LEAVE – SICK LEAVE ............................................................................... 10

ARTICLE 14:00 - JURY DUTY ............................................................................................................................. 11

ARTICLE 15:00 - BENEFIT PLANS ..................................................................................................................... 11

ARTICLE 16:00 - HOURS OF WORK AND OVERTIME ..................................................................................... 11

ARTICLE 17:00 - CLASSIFICATION OF SHOP EMPLOYEES .......................................................................... 13

ARTICLE 18:00 - JOB POSTINGS ...................................................................................................................... 13

ARTICLE 19:00 - WAGES .................................................................................................................................... 13

ARTICLE 20:00 - DEDUCTIONS ......................................................................................................................... 14

ARTICLE 21:00 - CALL IN PAY ........................................................................................................................... 14

ARTICLE 22:00 - PAYMENT FOR STATUTORY HOLIDAYS & COMPANY DAYS .......................................... 14

ARTICLE 23:00 - DISCIPLINARY PROCEDURE ................................................................................................ 14

ARTICLE 24:00 - SAFETY AND HEALTH ........................................................................................................... 15

ARTICLE 25:00 - TECHNOLOGICAL CHANGE ................................................................................................. 16

ARTICLE 26:00 - RENEWAL AND TERMINATION ............................................................................................ 16 ARTICLE 27:00 – FEDERAL AND PROVINCIAL LAW ...................................................................................... 16 ARTICLE 28:00 - SEVERANCE PAY .................................................................................................................. 17

APPENDIX "B" ..................................................................................................................................................... 20

APPENDIX "C" ..................................................................................................................................................... 21

APPENDIX "D" ..................................................................................................................................................... 22

LETTER OF INTENT ............................................................................................................................................ 23 LETTER OF UNDERSTANDING- WAGES FOR EMPLOYEES HIRED BEFORE JANUARY 1, 2018…………25

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ARTICLE 1:00 - RECOGNITION

Parties to this Agreement shall be WAJAX INDUSTRIAL COMPONENTS in the City of Mississauga hereinafter referred to as the ‘Company’ of the First Part.

and the

INTERNATIONAL ASSOCIATION of MACHINIST and AEROSPACE WORKERS, LOCAL1922 IAMAW hereinafter referred to as the ‘Union’ represented by the duly elected Shop Committee of the Employees of the Company, hereinafter referred as the 'Shop Committee" of the Second Part.

1:01 - RECOGNITION & SCOPE

The Company recognises the Union, designated agents and representatives, its successors and/or assigns as the sole and exclusive Collective Bargaining agent on behalf of all employees of WAJAX INDUSTRIAL COMPONENTS in the City of Mississauga, save and except supervisors, persons above the rank of supervisor, office, clerical and sales staff and students employed during the school vacation period, with respect to wages, hours of work and all other terms of this Agreement or conditions of employment.

Should the Company during the life of the collective agreement, decide to move from the existing Mississauga operation to a location in Ontario within a 100 kilometre radius of the existing location, the following condition should be observed:

All members of the bargaining unit shall be offered the opportunity to transfer to the new location with the job they would normally perform where available or to any new job they are qualified to perform.

The Company agrees to:

1. provide ninety (90) days notice related to the move.2. extend the current collective agreement to cover the new location

ARTICLE 2:00 - CO-OPERATION

2:01 Both parties of this Agreement hereby commit themselves to the fullest co-operation with the object of maintaining efficient and uninterrupted production in the branch.

ARTICLE 3:00 - DISCRIMINATION

3:01 No employee shall be discriminated against or jeopardised in seniority standing or suffer any loss of employment because of membership in the Union so long as his activities are not carried on during working hours, other than those provided for in this agreement.

3:02 In recognition of the Company’s commitment to the Federal Employment Equity Contractor’s Program and Ontario Human Rights Code RSO 1990, c. H. 19, the parties agree that there shall be no discrimination against women, aboriginal people, visible minorities or people with disabilities in employment or opportunity for employment. Furthermore anywhere in this agreement where the words “he”, “his”, “him”, etc. are used they shall be taken to include “she”, “hers”, “her”, etc.

ARTICLE 4:00 - MANAGEMENT

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4:01 The Management of the branch and direction of the working force shall be retained by the Company. Without limiting the general meaning of the foregoing, the right to direct, plan and control branch operations, the right to hire, promote, demote, transfer, discipline, suspend or discharge employees for just cause or to release employees because of lack of work or for other legitimate reasons, or the right to introduce new and improved methods or facilities, or to change existing production methods and facilities and to manage the branch in the traditional manner - is vested exclusively in the Company, subject to the provisions of this agreement. This article is not intended to restrict the right of any employee or employees to lodge a grievance under Article 8:00 of this agreement.

ARTICLE 5:00 - COMPANY PERSONNEL

5:01 It is not the intention of the Company to have supervisors or managers perform work normally done by hourly paid employees with the exception of:

a) in the event of an emergency and regular employees are not immediately available for such work;

b) in the course of instructing or training of employees;

c) to assist employees of the Bargaining Unit with experimental or developmental work and productservice problems.

ARTICLE 6:00 - SHOP COMMITTEE PERSONNEL

The Union agrees to supply the Company with the names of serving Shop Committee members and it is understood that the Shop Committee shall not exceed 3 members in total:

(i) One (1) in number at the Warehouse Facility unless warranted by a substantial increase in thenumber of departments.

Should a given shift exceed ten (10) in number, an additional committee member will be added.

It is agreed that one (1) of the above noted Shop Committee Members shall be designated as the Chief Steward.

6:01 The Company agrees to provide notice boards for the posting of the Union Notices. Such notices must be submitted to the Company for approval prior to posting.

6:02 The Union agrees to identify Stewards/Chief Stewards to the company following election.

ARTICLE 7:00 - LEAVE OF ABSENCE

7:01 The Company shall, upon request, grant leave of absence without pay to Shop Committee delegates for the purpose of transacting Union business. It is understood that said delegates will not exceed three (3) in number and that said leave of absence will not exceed ten (10) days in aggregate in any one calendar year.

The number of delegates and/or the number of days in any One (1) calendar year may be increased by mutual agreement between the Company and the Union. Such leaves of absence shall be requested from the Company through the procedure provided under Article 7:03.

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It is agreed that time spent in preparation for and during negotiations is not to be included in the above noted ten (10) days.

Further, the Union agrees to keep, and to supply to the Company upon demand, records showing the names and dates of leaves of absence granted.

7:02 The Company agrees to continue its practice of granting leaves of absence for a given period upon written request from the employee for valid personal reasons providing it does not unduly affect the operation of the branch .

7:03 It is further agreed the Company shall grant a leave of absence without pay to a member of the Shop Committee or a griever to meet with the Business Representative or a designated representative of the Union. The Union shall notify the Company in advance of any leave of this nature.

7:04 The Company agrees to provide Parental leave in accordance with Employment Standards Act, 2000, S, o, 2000 S.O. 1999, c. 41.

ARTICLE 8:00 - DETERMINATION OF DISPUTES

8:01 Any dispute, grievance of misunderstanding (hereinafter called 'grievance') involving the interpretation, application or alleged violation of this agreement which any employee or group of employees may desire to discuss or adjust with the Company, must be processed within five (5) working days of the incident or knowledge of the dispute or grievance and shall be handled as follows:

STEP 1

8:02 The employee shall discuss the grievance with the supervisor of his department and a member of the Shop Committee shall be present, if requested by either party.

STEP 2

8:03 If the supervisor does not settle the grievance to the satisfaction of the employee within two (2) working days following the discussion as provided under Step I herein, the employee shall submit his grievance in writing to the Company within three (3) working days and the grievance will be taken up directly with the Operations Manager concerned in the presence of the two (2) members of the Shop Committee.

STEP 3

8:04 If no satisfactory decision is reached within two (2) working days after the grievance has been discussed with the Operations Manager in accordance with Step 2 herein, the grievance may be submitted by the Shop Committee to the Management of the Company (hereinafter called the 'Company') through the VP, Operations with whom the grievance shall be discussed within three (3) working days. A meeting will be scheduled within ten (10) working days of the submission. If the Company or the Shop Committee considers it advisable, a Business or International Representative of the Union may be called in to discuss the grievance.

8:05 The decision or the Company shall be communicated in writing to the Shop Committee within fifteen (15) days after completion of Step 3 herein.

8:06 Any grievance involving the interpretation or alleged violation of this agreement not settled in the preceding Steps may be referred to Arbitration in accordance with Article 9:00 of this Agreement.

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8:07 During the life of this Agreement the Company agrees not to engage in a lockout against its employees

and the Union agrees not to sanction a strike against the Company. 8:08 Upon expiration of the time limits provided for in Article 8:05, and if the parties have not agreed upon an

extension, the Union may notify the company of their failure to respond in accordance with the time limits. If the company fails to respond within One (1) full working day of the Union’s notification, the Union may refer the grievance to arbitration as define in article 9:00.

8:09 When a grievance involving a financial reward has been resolved in favour of an employee,

compensation shall automatically be awarded to the employee with a minimum delay. 8:10 All grievances shall be dealt with and settled during working hours.

ARTICLE 9:00 - ARBITRATION 9:01 Within a period of fifteen (15) working days following the date of the communication of the Company's

decision to the Shop Committee any grievance or other matter in dispute between the Company and the Union involving the interpretation or alleged violation of any article of this Agreement may, in the event of failure to reach agreement thereof, be referred by either party to an Arbitrator under the provisions of the Ontario Labour Code. In the event of failure to notify of such intent, the grievance shall be considered abandoned.

9:02 Both the Company and the Union agree to accept the decision of the Arbitrator as final and binding, but

in no event shall an Arbitrator have the power to add, subtract from, alter or amend this Agreement in any respect, but shall have the authority to determine the settlement to which the employee may be entitled.

9:03 The Company and the Union shall share equally the expenses and fees of the Arbitrator. SPECIAL GRIEVANCES 9:04 An employee discharged or suspended from employment who feels that an injustice has been done,

may file a grievance in writing directly with the Operations Manager. The grievance will follow all stages of the normal Grievance Procedure as outlined in Article 8:00 beginning with Step 3.

9:05 The Company agrees to notify the employees Shop Steward or Chief Steward prior to the suspension or

termination of any employee and further agree that the employee's Shop Steward or Chief Steward shall be present when the Company suspends or terminates that employee. No matter, it is agreed that an employee suspended or terminated by the Company shall be entitled to a meeting with their Shop Steward or Chief Steward before leaving the branch.

ARTICLE 10:00 - UNION SECURITY AND CHECK OFF 10:01 The Company agrees to deduct weekly, from earned wages, and to remit to the Union monthly, dues of

employees to whom this Agreement applies in accordance with Local Lodge Bylaws and Provincial Legislation. Such dues will be remitted to the Union Financial Officer by the 15th of the following month. Union dues deduction for new and temporary employees shall begin immediately. Summer students are excluded.

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10:02 The Company will, at the time of making each remittance hereunder to the Financial Secretary of the Union, supply a statement showing the following information from whose pay deductions have been made.

a) All monthly dues for members to be submitted in alphabetical order by name with hourly rate, dues

deducted and employment status; b) The Company further agrees that it will supply all such information by way of hard copy, if so

requested by the Union

10:03 All employees as defined in Article 1:01 shall as a condition of employment consent in writing to become members of the Union and pay dues in accordance with Article 10:01 above.

ARTICLE 11:00 - SENIORITY, LAY-OFF and DISCHARGE 11:01 One seniority list shall be established, Seniority of each employee covered by this Agreement shall be

established after a probationary period of three (3) months and if the employee is retained in the service of the Company beyond that period, his seniority shall be as the date of employment. Employees hired on the same date shall be ranked alphabetically by their last names when hired.

Absences for illness or accident will not be included in the said probationary period. 11:02 Lay-off or discharge of a Shop Committee Member may be effected only by the Operations Manager or

Senior Designated Authority. 11:03 On all occasions when a lay-off becomes necessary qualified employees who have the appropriate skill

set, training, and product experience, and who are able to do the work required, shall be retained in order of seniority.

11:04 For extended layoffs (in excess of two weeks) qualified employees who have the appropriate skill set,

training, and product experience, and who are able to do the work required, shall be retained in order of seniority.

11:05 In the case of lay-off, the Shop Committee shall have access to the Company's records showing the

length of service of the employees. 11:06 Upon request, the Company agrees to provide the Shop Committee and the Union representative every

six (6) months with seniority lists showing classifications of all employees covered by this Agreement as set out in Appendix 1.

11:07 The Company agrees to notify and discuss with the Shop Committee all cases of employees who are

being laid off. This discussion will take place before the employee leaves the branch 11:08 Employees laid off with recall rights will be recalled in the reverse order of their layoff before any new

employees are hired to perform the same work as the employee was carrying out before his lay-off. Recall notices will be sent by registered mail to the last known address of the laid off employee and he must report within six (6) working days upon receipt of delivery of such notice. If recalled for the same work that he was employed on before he was laid off he will be paid the same rate as he was receiving when laid off plus or minus any changes that may have taken place in his classification rate since his lay-off.

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11:09 In the event of a lay-off, an employee's seniority will continue to accrue during the lay-off period.

11:10 Seniority rights of an employee shall be completely lost:

1. if he is discharged and not reinstated following an arbitration ruling;2. if he resigns of his own volition;3. if laid off and fails to report to work following recall;4. if he fails to report for work for three (3) days following a leave of absence unless he notifies the

Company in advance of the scheduled return and furnishes to the Company a satisfactory reasonfor the absence, and/or a satisfactory reason for not notifying the Company in advance.

11:11 In the event of a lay-off, no prior notice will be given to employees who have not completed their probationary period. Employees that have completed their probationary period shall receive the three (3) working days notice or pay in lieu of such notice.

11:12 Notwithstanding Article 11.11 above, in all other lay-off’s the Company shall give employees involved notice to conform with the Employment Standards Act of Ontario.

11:13 Effective upon ratification any employee transferred outside the Bargaining Unit shall retain his acquired seniority but will not accumulate seniority while transferred if that employee returns to the bargaining unit within twelve (12) months of the date of transfer. If that employee returns to the bargaining unit after twelve (12) months they do so as a new employee.

Any employee that transferred outside the bargaining unit prior to ratification of this agreement shall retain their acquired seniority for two (2) years from the date of such transfer but will not accumulate seniority while transferred.

11:14 Students hired for temporary assignments shall be excluded from the terms of this Agreement. The Company agrees to keep the Union advised of temporary assignments.

If a student remains in the employ of the Company, his seniority shall start after three (3) months of original date of employment and he shall be classified at that time in accordance with the terms of Agreement.

11:15 In the event of a lay-off, an employee's recall rights will be as follows:

1. 6 months, if he has less than one (1) year seniority,2. 12 months, if he has from one (1) to five (5) years of seniority;3. 18 months, if he has more than five (5) years of seniority.4. 24 months, if he has more than ten (10) years of seniority.

11:16 Service Recall Procedure

1. In cases of work requiring urgent or immediate attention, the Company will telephone qualifiedemployees, by classification in order of seniority to offer an estimated maximum of 10 dayswork, until an employee accepts the assignment.

2. The Company will advise the Union in writing of the classification(s) contacted, estimated lengthof assignment and the outcome of the telephone calls.

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3. In the event that a service recall is estimated to extend longer than 10 days the Company will, inaddition, send out offers of the work which is estimated to extend longer than 10 days to thoseemployees who were telephoned but not reached.

The nature of the response to these offers will have no effect on future recall rights.

4. The Company will not incur liability for the non-offering of amounts of work which deviate fromthe original estimate.

5. In the event that the work extends 20 working days above the original estimate, the Companywill at that time repeat the offers as described in No. 3 above the balance of the work available.

Employees will be encouraged to give written notice to the Company if they do not wish to berecalled or notified concerning assignments estimated to be of less than 10 days duration. Thiswritten notice would be revocable by the employee at any time.

11:17 Extension of Group Benefits for Temporarily Laid Off Hourly Employees

In recognition of the needs of our hourly employees at the time of a temporary layoff, Wajax Industrial Components has implemented the following policy:

Period of extension: 60 days following lay off date Benefits extended: Life, Accidental Death & Dismemberment, Health, Dental,

Optional Life Benefits not extended: Weekly Indemnity, Long Term Disability, Travel Accident

Wajax Industrial Components and the employees continue to pay their portions of only those benefits, which are extended. Employee portions will be deducted from the pay preceding the lay off. As always, basic life and optional life insurance may be converted within 31 days following the termination of extension of benefits. This extension of group benefits is compulsory except for optional life.

ARTICLE 12:00 - VACATIONS WITH PAY

12:01 The nature of our business dictates that annual summer vacations shall be prescribed by the Company. Consideration will be given to wishes of individual employees. Nevertheless, employees who are entitled to more than two (2) weeks vacation shall be considered on the basis of seniority.

12:02 Employee’s date of hire will be the determining factor for the purposed of vacation entitlement and vacation pay.

12:03 Serving employees with less than one (1) year service and up to four (4) years service as of April 30th of the current year will be granted vacations in accordance with the requirements of Provincial Vacation Legislation and will be paid their vacation entitlement at 4% of total earnings.

12:04 Three (3) weeks’ vacation with pay 6% of the employee's total earnings shall be granted to all serving employees who have completed four (4) years service as of April 30th of the current year in which vacation is taken.

12:05 Four (4) weeks’ vacation with pay at 8% of the employee's total earnings shall be granted to all serving employees who have completed ten (I0) years of service as of April 30th of the current year in which vacation is taken.

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12:06 Five (5) weeks’ vacation with pay at 10% of the employee's total earnings shall be granted to all serving employees who have completed twenty (20) years of service as of April 30th of the current year in which vacation is taken.

12:07 Six (6) weeks’ vacation with pay at 12% of the employee's total earnings shall be granted to all serving employees who have completed twenty-five (25) years of service as of April 30th of the current year in which the vacation is taken.

12:08 Employees with vacation entitlement greater than three (3) weeks may be required to arrange their additional vacation to suit production and/or service requirements. However, such arrangements shall be by mutual agreement.

Employees who are recalled by the Company to work during this period shall be paid at time and one and half (1-1/2) of their regular rate or the applicable rate whichever is the greater for all hours worked, in addition to vacation monies already received. Such employees will subsequently have the option of forfeiting the remainder of their vacation entitlement. Nevertheless, Provincial Legislation will be respected at all times.

12:09 When an employee has been laid off and rehired with seniority during the previous vacation year he shall receive vacation pay based on his total active employment with the Company during that vacation year less any accrued vacation pay received at time of lay-off.

12:10 Except as outlined in Article 12:11 herein an employee leaving the service of the Company shall be paid on termination an allowance in lieu of vacation calculated as follows: (Their term 'earnings' as used in the following paragraphs shall include vacation pay).

12:11 Vacation Pay - the company will issue vacation pay via the normal payroll cycle, verses the issuance of a separate cheque prior to the employee leaving on vacation.

1) Four percent (4%) of total earnings (if qualified for two weeks vacation) six percent (6%) of hisstandard earnings (if qualified for three weeks vacation) or eight percent (8%) of his standardearnings (if qualified for four weeks vacation) or ten percent (10%) of his standard earnings (ifqualified for five weeks vacation) or twelve percent (12%) of his standard earnings (if qualifiedfor six weeks vacation) from the preceding May 1st to his last day of work and in addition if hehas qualified for vacation but leaves the service of the Company before taking such vacation, afurther allowance as in paragraph (2) following.

2) Four percent (4%) of total earnings (if qualified for two weeks), or six percent (6%) of hisstandard earnings (if qualified for three weeks) or eight percent (8%) of his standard earnings (ifqualified for four weeks) or ten percent (10%) of his standard earnings (if qualified for fiveweeks) or twelve percent (12%) of his standard earnings (if qualified for six weeks) over theprevious year.

ARTICLE 13:00 - BEREAVEMENT LEAVE – SICK LEAVE

13:01 In cases of death in the immediate family, employees will be granted bereavement leave to attend the funeral and participate in funeral arrangements of three (3) calendar days commencing from the day following date of death with pay for those scheduled working shifts which fall within this three (3) day period. When funeral arrangements require more than the aforementioned leave, Management may grant additional unpaid leave. An employee's immediate family shall mean his parents, brothers, sisters, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, and daughter-in-law. In the event of

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the death of the spouse, child or stepchild the bereavement leave will be of five (5) days. In addition, the Company agrees to extend bereavement leave with pay for the day of funeral of grandparents and grandchildren.

13:02 When the day of the funeral is not included in the three day period the Company agrees to pay for the day of the funeral providing it is a normal working day and the total number of paid days does not exceed three.

13:03 For the duration of present collective agreement, The Company will provide each employee with an annual bank of paid sick leave equivalent to 3 days at their regular salary rate. Any portion of leave not used by the end of the year will be paid to the employee in the first week of each January. Employees with less than one (1) year of service will be provided pro rata based on one (1) day per four (4) months of completed service.

Paid sick leave will not be permitted on the day prior to or after Statutory Holidays or scheduled vacations except for legitimate reasons acceptable to Management.

ARTICLE 14:00 - JURY DUTY

14:01 Any employee required by law to serve on a jury or as a subpoenaed witness, shall be granted leave of absence for the period of such service. The employee shall be paid the difference, if any, between the amount received from the Court for his jury or witness services and the amount he would have received if he had carried out his normal work within this same period.

ARTICLE 15:00 - BENEFIT PLANS

15:01 Employees governed under this agreement will participate in the WAJAX Employee Group Benefit Plan (Policy #59150 and #10446) and Pension Plan (Registration #0281006 and #1352624). The Union will be notified of any changes.

If the employer contribution rate increases for the Wajax Limited Defined Contribution Pension Plan during the life of this agreement, the members will also receive the same increase.

15:02 If an employee, over the age of 65, retires and takes an immediate pension, the Company will provide a Five Hundred ($500.00) retiring allowance.

ARTICLE 16:00 - HOURS OF WORK AND OVERTIME

16:01 The normal work week will be composed of forty (40) hours Monday to Friday inclusive and the shift arranged as follows: an 8 hour shift between the hours of 6:00AM thru 6:00PM.

Both parties agree that effective the date of ratification of this Agreement, where the Company deems it necessary and the effected employees and the Union agree, shift start and finish times may be adjusted to facilitate efficient operations. It is understood that the parties will monitor the situations/projects in order to resolve any difficulties that may arise while considering the practical realities of both the Employee and the Company. It is understood that either party may terminate an agreed to project with (30) days written notice.

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16:02 It should be understood that the foregoing does not constitute a guarantee of hours worked per day or week.

16:03 When overtime is required, the employee performing the job during regular hours will be given first consideration. Subsequently, qualified employees within the same classification, at the same location, on a rotation basis will be afforded such overtime. Further, it is agreed the Company shall make every attempt to distribute overtime equally within each classification.

16:04 Time worked in excess of eight (8) hours in any one shift shall be considered as overtime.

16:05 Overtime shall be paid after eight (8) hours at the rate of time and one half.

16:06 Overtime shall be paid at the rate of time and one half for the first three (3) hours work performed on a Saturday and double time thereafter.

16:07 Work performed on a Sunday shall be paid for at double the basic hourly rate.

16:08 An employee must have 11 hours between the finish of the first designated shift and the start of the second designated shift. If an employee is required to work before 11 hours have elapsed, the employee shall be paid at premium rates calculated at time and one half for the first three (3) hours and double time until the employee has an eight (8) hour break.

16:09 If an employee works in excess of 16 hours in one calendar day, the next scheduled regular time shift will be paid in lieu of returning to work, excluding Saturdays, Sundays and Statutory Holidays.

16:10 On the other hand if an employee returns before his eight (8) hours have elapsed after completion of overtime, without authorization, he shall be paid at straight time for the remainder of the regular shift.

16:11 The Company will permit the employee a ten (10) minute break in the morning and a ten (10) minute break in the afternoon, plus five (5) minute wash up time before lunch and at the end of the shift. The Company will permit the employee a thirty (30) minute lunch break per shift, at a point approximately midway thru the shift.

16:12 A $10 meal allowance will be provided to all employees who work, more than two (2) hours overtime after completion of the regular shift, the allowance is to be paid on the next pay check. The employee is entitled to a paid reasonable break at the applicable rate. It is understood that this meal break is taken so as not to interrupt the continuity of the job. Should this privilege be abused this practice could be discontinued. The above practice does not apply to Saturday and Sunday.

16:13 When shift work other than steady day shift is required within a classification the Company will endeavour to equalize a rotation of employees within that classification so that all such employees will participate in the shift work.

16:14 Overtime Premium Banking - 1. the company to bank a minimum of 50% of the regular time portion of any overtime worked, to a

maximum of sixteen (16) regular time hours for each employee. At such time as the sixteen (16)hour maximum is achieved all premiums will be paid as normal.

2. the company to use 50% of the banked hours for the purpose of resource levelling during slowperiods to avert temporary lay-offs. The employee to use 50% of the banked hours for personalreasons, when mutually agreed to with the company.

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ARTICLE 17:00 - CLASSIFICATION OF SHOP EMPLOYEES

17:01 All employees in the Bargaining Unit paid on an hourly basis covered by the Agreement, shall be classified and grouped as set out in Appendix “A”.

ARTICLE 18:00 - JOB POSTINGS

When new jobs are created, or when vacancies occur which cannot be filled by promotion as the result of a prior layoff or recall rights, such jobs will be filled through the Job Posting Procedure.

18:01 A notice will be posted on the designated bulletin board for a period of three (3) full working days, seventy-two (72) hours, excluding Saturdays, Sundays, statutory holidays and branch shutdown periods. Such notice will state the specific job classification, the rate for the job and the shift involved.

18:02 Any employee from the Bargaining Unit with the required transferable skills may apply for the job within the time the notice was posted. If no employee in the Bargaining Unit applies, the job may be afforded to a probationary employee if he were to apply prior to the Company filling vacancy by hiring from outside.

18:03 In filling the job or vacancy, the Company shall provide adequate training and within ten (10) working days the employee may be returned to his prior job classification if found unsuitable for the new job. Notwithstanding, the employee shall have the right to return to his prior job classification within ten (10) working days. If returned to his prior job classification by the Company, the Company shall provide to the employee and the Union the reasons for such decision.

ARTICLE 19:00 - WAGES

19:01 The classifications and wage rates shall be as set out in Appendix “B”, which forms part of this agreement.

19:02 All employees working on shifts other than the regular day shift, shall be entitled to the following: 2021 thru 2021 – Afternoons - $2.00 – two dollars over their regular dayshift rate 2021 thru 2021 – Nights - $2.70 – two dollars and seventy cents over their regular dayshift rate.

19:03 A lead-hand, meaning an employee who is responsible to lead, guide and direct one or more employees and is responsible for their work, shall be paid a premium of one dollar and sixty-five cents ($1.65) higher than their regular rate or at a rate of $1.65 more than the highest paid employee working under him (covered by this agreement), whichever is higher.

19:04 - Employees working at a Customer Site shall be entitled to the following allowances: 2021 thru 2021 - $3.00 – three dollars over their regular dayshift rate.

19:05 Payment for time spent on training shall be for a maximum of eight (8) hours per day at straight time. Employees who are engaged in training at the company’s request for part or all of their regular working day will be guaranteed a minimum of eight (8) hours straight time for each day. (This guarantee includes all time spent working or engaged in training)

19:06 Employees working away, for more than four (4) hours from the branch on field service are allowed a subsidy up to ten dollars ($10.00) for meals, receipts are necessary, and is paid on the next pay check.

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19:07 The out of town allowance with overnight stay is sixty dollars ($60.00) 'per diem', there is no need for receipts and will be paid on the next pay check. The out of town allowance is not payable when the employees are staying in a customer camp facility, where all lodging and subsistence are free issue to the employee and company. Where the employees are given less than one shift notice of field service, approved incidental costs will be reimbursed against receipts.

ARTICLE 20:00 - DEDUCTIONS

20:01 Deductions from wages, except those required by law, shall be made only on the written authority of the employee.

ARTICLE 21:00 - CALL IN PAY

21:01 An employee who is called back by the Company to work after having completed his regular shift, shall be paid a minimum of three (3) hours at the applicable rate.

ARTICLE 22:00 - PAYMENT FOR STATUTORY HOLIDAYS & COMPANY DAYS

22:01 The following Statutory Holidays shall, if not worked, be paid for at straight time rates:

New Year’s Day Canada Day Christmas Eve (Company)

Family Day Civic Holiday (August) Christmas Day

Good Friday Labour Day Boxing Day

Victoria Day Thanksgiving Day New Year’s Eve (Company)

22:02 Statutory Holidays are subject to the following conditions:

a) Subject to exceptions as may be authorized by Management the employee must work four (4) hourspreceding the said holiday and six (6) hours following the said holiday, unless he is absent:

(i) because of service on a legally constituted juryOR

(ii) because of bereavement leaveOR

(iii) because of proven illness or physical incapacity providing such absence does not exceed ten(10) days immediately preceding or following the said holiday.

22:03 The above holidays will be paid for if they fall on a Saturday or Sunday.

22:04 The Statutory holidays listed in paragraph (1) will be observed on the day in which they occur except if such holiday falls on a Saturday or on a Sunday, the Company may at its option elect to close the branch on the Friday preceding or the Monday following the said holiday.

22:05 Employees who are required to work on a Statutory Holiday listed in Article 22:01 or any day declared by Statute or Decree to be observed as one of those holidays because such holiday would fall on a Sunday shall be paid double for the hours worked in addition to straight time.

ARTICLE 23:00 - DISCIPLINARY PROCEDURE

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23:01 Six (6) months from the receipt of a written warning notice and providing the employee does not receive a notice for an infraction of the same nature during this six (6) month period, the warning notice shall be removed from the employee's personal record. If a subsequent notice for an infraction of the same nature is given before the first one is removed from an employee’s personal record the first one will be removed six (6) months from the date of any subsequent notices for infractions of the same nature. All written warnings shall be copied to the Union.

ARTICLE 24:00 - SAFETY AND HEALTH

24:01 The Company shall continue to make all reasonable provisions for the maintenance of safe sanitary and healthful conditions for its employees. The Union will undertake to assist the Management maintaining such Health and Safety programs as required by the Ontario Occupational Health and Safety Act R.S.O. 1990, c.o.1 and Regulations. It is agreed that one (1) member of the bargaining unit covered by the agreement shall represent the bargaining unit on the Joint Health and Safety Committee.

24:02 Necessary safety devices and other equipment required for the purpose of protecting employee from injury shall be provided by the Company and used by the employees as instructed.

24:03 It is agreed that the Joint Health and Safety Committee as outlined in Article 24:01 shall meet on a monthly basis to deal with the appropriate issues.

24:04 The Safety and Health Committee is responsible for promoting safety, good housekeeping, and accident and industrial illness prevention measures.

24:05 Any Branch Safety Rules and Regulations as established shall not be amended during the term of this Agreement except where mutually agreed by the Company and the Union.

24:06 The Company shall arrange and pay for the costs to ensure at all times there are one (1) member of the Bargaining Unit covered by this agreement trained and qualified in proper first aid procedures.

24:07 The Company shall maintain and equip First Aid Stations in the work shops/ warehouse.

24:08 The Company shall maintain proper lunchroom facilities for access and use by members of the Bargaining Unit.

24:09 In the event of accidental death or critical injury to an employee at the work place, action will be taken in accordance with the Occupational Health and Safety Act, 1990 .

24:10 Company supervisors and employees shall work in compliance with the provisions in the Occupational Health and Safety Act 1990 Chapter 321 Sections 16 and 17.

24:11 Employees who require prescription safety glasses will participate in the Wajax Prescription Safety Glasses program. In addition, the Company undertakes to provide a subsidy of One Hundred and Fifty Dollars ($150.00) once per year towards the purchase of CSA approved safety boots to all employees who have completed their probationary period. Safety boots may be replaced more often if deemed unserviceable by Management. However, should any new employee resign or be discharged within One (1) year, the employee will be obliged to refund the subsidy.

24:12 No employee will be expected to jeopardise his safety if faced with a picket line attempting to prevent his entry to a work site. An employee faced with this situation shall immediately communicate such to management.

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24:13 Where the Company is required to accommodate an employee's disability under the Employment Standards Act, 2000 S.O. 2000, ce. 41 or is participating in the rehabilitation of an employee returning to work from an absence covered by the Workers' Compensation Act, the parties agree to cooperate to the best of their ability to facilitate such accommodations.

The Company, notwithstanding any provisions of this Agreement may adjust its working forces to so accommodate or rehabilitate such an employee. In such cases the following shall apply:

(a) The employee shall have an obligation to keep the Company and the Union informed at all timeof the nature of their disability or injury, the treatment they are receiving and the expectedprognosis for recovery.

(b) The employee shall cooperate with the Company and the Union in reporting for the modifiedwork promptly and, in the event they are unable to perform the modified work, shall immediatelyprovide the Company and the Union with a satisfactory medical report explaining the inability toperform the modified work and the nature of the employee's work restrictions,

(c) Prior to any accommodation of an employee's disability or injury the Company shall provide theUnion with the details of the accommodation and discuss all aspects of the accommodation withthe Union if requested.

(d) Employee must inform their health care giver of the existence of the modified work program,“Functional Abilities Form for the Timely Return to Work” documents completed and returned totheir supervisor.

ARTICLE 25:00 - TECHNOLOGICAL CHANGE

25:01 In the event that the Company introduces machinery or equipment, including new devices to existing machinery or equipment, which have the initial result of:

(i) Displacing an employee, or(ii) Changing the immediate job of an employee by establishing a different job class.

Where an employee is affected as mentioned in either (i) or (ii) above, the Company will notify the Union as far in advance as practicable and, upon request, the Company will arrange a meeting with the Union for the purpose of discussing the effects on the employment status of employees in applying this Article.

25:02 The Company will provide a training period of up to Fifteen (15) working days (which may be extended by arrangement) on a new or changed job as a result of technological change. An employee will be selected for training period on the basis of seniority provided the Company has reasonable evidence in its records or furnished by the employee or the Union that the employee has the transferable skills which would enable him to meet the normal requirements of the job in the Fifteen (15) day training period.

25:03 Any disagreement as a result of implementing the above may be resolved through the grievance procedure.

ARTICLE 26:00 - RENEWAL AND TERMINATION

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26:01 This Agreement shall become effective on the first day of January 2021 and shall remain in full force until December 31, 2021, unless changed by mutual consent of the parties hereto.

26:02 Either party wishing to amend, modify, terminate or renew, this Agreement shall give the other party written notice of such intention within the Ninety (90) days preceding the expiration of this Agreement.

26:03 One employee will be granted unpaid leave of absence for renewal of collective Agreement.

26:04 The provisions of this Collective Agreement shall remain in full force and effect until the signing of a new Agreement.

ARTICLE 27:00 - FEDERAL AND PROVINCIAL LAW

27.01 Any provisions of this agreement which are now or in the future in conflict with the present or future provisions of Federal or Ontario Labour Relations Act 1995, so. 1995, c.1. Sch. a, as amended, including Orders-in-Counsel, shall technically become null and void.

ARTICLE 28:00 - SEVERANCE PAY

28:01 Any fulltime employee with five years of service or more, whose employment is terminated by the Company as a direct result of the closing of the branch shall receive severance pay as follows: one week for each year of service to the maximum of 52 weeks

I - An employee's severance pay entitlement under this section shall not exceed an amount equal to the employee's regular wages for a regular work week for 52 weeks. 2000, c. 41, s. 65 (5)

28:02 A weeks pay consists of the hours of work defined in this agreement times the employee's straight time hourly rate.

28:03 Employees will not qualify for payment of Severance Pay, if the closing results from Acts of God, such as fire, flood, power interruption, etc. and the Company re-opens the branch.

28:04 In any event, no severance pay will be payable if employment is offered elsewhere in the Company, in the city which the closing took place. (Skilled trades only to same trade), any employee who accepts severance pay shall forfeit all seniority rights.

IN WITNESS WHEREOF, the Parties have signed this Agreement by their duly authorized representative at

MISSISSAUGA, ONTARIO, this __May 20, 2021_______________________.

FOR THE UNION: FOR THE COMPANY:

Eric Johnston Business Representative

Mohamad Elsohemy Human Resources Business Partner

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APPENDIX "A" Definition of Grades of Employees in the Bargaining Unit

The following are broad definitions of the responsibilities of each grade. These definitions are to be used as a guide to indicate the general level of ability and are not intended to represent every element of the work to be performed.

The grade of an employee attests to his competence and experience in his trade. The availability of work and the needs of the Company must always be taken into account.

Trades - Grades shall be established as follows:

“A” Is granted to an employee with a trade who:

a) Can operate MULTIPLE MACHINES and perform all the work pertaining to his tasks without the needfor his supervisor to direct his work in relation to precision, nature and quality of his performance;

b) Whose work must be performed with superior efficiency and quality;

c) Is able to understand drawings and technical reference and can perform his work from those drawingsand technical references;

d) Is able to perform the required work without instructions and supervision.

“B” Is granted to an employee with a trade who:

a) Whose supervisor must direct some of his work, in relation to precision, nature and quality of itsexecution;

b) Whose work shall be performed in a normal lapse of time and with even quality;

c) Has insufficient knowledge of the drawings and technical references and sometimes has difficulty tofollow those drawings and technical references;

d) Is able to perform with a minimum of instructions and supervision.

“C” Is granted to an employee with a trade who:

a) Whose supervisor must direct his work, in relation to precision, nature and quality of its execution;

b) Whose work is not always performed in a normal lapse of time and even quality;

c) Has insufficient knowledge of drawings and technical references and needs assistance to followdrawings and technical references;

d) Requires instructions and supervision to execute his work.

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General

“A” A grade “A” or Product Technician is a worker who is engaged in and has sufficient knowledge of the section of the work procedure to operate without the need for supervision.

“B” A grade “B” or Product Technician is one who is engaged under supervision in work requiring less training and experience than work performed by grade “A” workers.

“C” A grade “C” or Product Technician is a trainee who is in the process of development. He shall pursue his training in the tasks and duties of his work by performing under supervision, work requiring less knowledge and competence and the required of a grade “B” worker.

“D” Beginner (as above)

Instrument Technicians - See Appendix "C"

Product Technicians - See Appendix "D"

APPENDIX "B"

Job Title Grade 2020

Instrumentation Technician

A $ 36.11

B $ 33.80

C $ 29.97

D $ 26.90

Product Technician

A $ 32.70

B $ 30.76

C $ 27.26

D $ 24.47

All employees governed by said Collective Agreement will be paid at the salary specified Appendix ‘B’ for the year starting date of ratification to December 31, 2021.

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APPENDIX "C" Instrument Technician

Ability/Experience Grade A Grade B Grade C Grade D Instrument Setup &

Repair

identify & resolve

problems

troubleshoot and repair

all equipment

repair most equipment setup equipment and

simple repairs

Calibration & Testing calibrate, test and

interpret results

calibrate and test all

equipment

calibrate most

equipment

setup equipment and

perform tests

Drawing & Technical

Reference

interprets info and may

suggest changes to

clients

interprets info without

assistance

interprets info under

general supervision

learning how to

interpret info

Product Knowledge excellent knowledge of

all product lines

good knowledge of all

product lines

general knowledge of

all product lines

learning products

Computer Systems excellent knowledge of

company applications

and able to train

good knowledge of


general knowledge of


knowledge of basic

systems and learning


Warehouse Functions trains others on

warehousing functions

undertakes warehouse

functions without

direction

undertakes warehouse

functions under

general supervision

learning

Material Handling

Equipment

operate necessary

equipment without

direction

operate necessary

equipment without

direction

operate necessary

equipment under

general supervision

learning

Field Service provides service to

clients as required

may undertake routine

work independently

works as part of a crew generally in-house

work only

Customer Service provides service to

clients as required

provide independent

routine service to

clients

provides basic

information and

products

no client contact

Client Relations resolves conflicts &

problem issues

independently

provide direction to

clients and resolves

problem issues under

direction

provides general

guidance to clients

no client contact

Efficiency ensures work is

properly executed

work assigned should

be error free

work of routine nature

should be error free

work is subject to

review

Quality ensures work is

properly executed

work assigned should

be error free

work of routine nature

should be error free

work is subject to

review

Autonomy independent & against

assigned objectives

works under general

supervision on

complex matters

works under general

supervision

works under close

supervision

Supervision & Training assigns work and

provides training &

guidance to

subordinates

may provide training

& guidance to

employees in a

common task

may occasionally

answer questions from

junior employees

N/A

Education &

Experience

Technical College

Grad, certification as a

CT, with a minimum

of 9 years experience

Technical College

Grad, certification as a

CT, with a minimum


Technical College

Grad, with a minimum


Technical College

Grad, with no

experience, or

equivalent education &

experience

Progression promotion to Grade A

on attainment of

minimum Education &

Experiences, and the

need for a Grade A

Technician

promotion to Grade B

on attainment of

minimum Education &

Experiences, and the

need for a Grade A

Technician

automatic progression

to Grade C on

attainment of

minimum education

and experience

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APPENDIX "D"

Product Technicians

Ability/Experience Grade A Grade B Grade C Grade D Mechanical Ability Advanced with

troubleshooting Developed with trouble shooting

Some mechanical ability

Mechanical aptitude

Welding Brazing Cutting Spray Booth

Able without assistance

Routine without assistance

Requires assistance Learning

Hand & Power Tools Able without assistance


Requires assistance Some knowledge

Drawings/Tech, References

Works from tech reference

May work from tech reference

Learning to use tech Reference

Learning

Product Knowledge Excellent knowledge of all lines

Good knowledge of most lines

Some product knowledge

Learning products

Warehouse Functions - Shipping- Receiving- Driver


Routine without assistance

Can do some without assistance

Learning warehouse functions

Material Handling Equipment



Can d some without assistance

Learning

Computer System Able to do all without assistance

All routine without assistance

Some routine without assistance

Learning

Autonomy Works without direction

Needs direction Works with supervision

Requires supervision

Leadership Able to leadhand and train B's, C's and D's

Area responsibility able to train C'S and D's

Able to train D's Requires supervision

Field Service Independent In a crew In a crew Not yet

Customer Service Difficult problems without assistance

Routine service Serves customers with backup

N/A

Efficiency Superior Normal Basic Learning

Quality Superior Normal Basic Learning

Education High School Diploma High School Diploma High School Diploma High School Diploma

1. on the basis of need, as defined by the Company, and the lack of available personnel from within that aresubject to progression or promotion, new employees may be hired in every grade level

2. where an employee is hired externally, they will be subject to Article 11:00, with the understanding that theprobation of the employee may be extended for a further period of three (3) months for a total of six (6)months in duration so that the employee may develop the necessary product knowledge capabilities toremain employed. The Company will endeavour to only retain those resources that it feels will be capable ofremaining with the company beyond the initial three(3) month probationary period as defined in Article 11:00and where warranted will provide pertinent training to assist the employee in this extended probationaryperiod.

3. employees hired as a Grade "D" will progress to a Grade "C" level on completion of six (6) months ofservice and as defined in item 2 above. Employees will remain at a Grade "C" level until such time as apromotion presents itself.

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4. where a need is identified by the Company for added or replacement resources at a Grade "B" level, Grade"C" employees will be considered for promotion to Grade "B" upon completion of eighteen (18) months ofservice as a Grade "C" and on the basis of their overall performance, skill set development and productknowledge. Where warranted the company will provide pertinent training to assist the employee in preparingfor eventual promotion

5. where a need is identified by the Company for added or replacement resources at a Grade "A" level, Grade"B" employees will be considered for promotion to Grade "A" on the basis of their performance, skill abilityand their having developed and extensive knowledge of the products they will be requested to assume aleadership responsibility for.

6. product technical training programs will include but will not be limited to the following on the basis of needand area of specialty:

• in-house on the job shop floor training

• product manufacturer or principle training seminars

• professional courses or workshops

• site assignments with installed and operational products

LETTER OF INTENT

1. Letter of Understanding Company agrees that if during the life of this agreement, other Wajax IndustrialComponents Ontario based employees are granted an additional paid holiday (total of 13 paid days vs thecurrent 12) then the Company will meet with the Union to discuss the details of same and will work to have thisgranted to the members.

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LETTER OF UNDERSTANDING

BETWEEN: DISTRICT LODGE 78, of the INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS

(hereafter referred to as the “Union”)

AND: WAJAX INDUSTRIAL COMPONENTS, located at 2250 Argentia Road, Mississauga, ON L5N 6A5

(hereafter referred to as the “Employer”)

RE: WAGES FOR EMPLOYEES HIRED BEFORE JANUARY 1, 2018

WHEREAS the Union and the Employer have recently signed a collective agreement which will expire on December 31, 2021;

WHEREAS the Employer wishes to put in place a new wage grid;

THE PARTIES AGREE AS FOLLOWS:

Notwithstanding Article 19.01, Product Technicians hired before the date of ratification, listed below, will receive:

• as of the date of ratification January 1, 2021, the hourly rate of $33.52;

Product Technicians: Philip Sheppard

Notwithstanding Article 19.01, Instrumentation Technicians hired before the date of ratification, listed below, will receive:

• as of the date of ratification January 1, 2021, the hourly rate of $38.02;

Instrumentation Technicians: David C. Middleton

In witness whereof, the parties have signed at ___________ this __ day of ________ 2021.

INTERNATIONAL ASSOCIATION OF WAJAX INDUSTIAL COMPONENTS MACHINISTS AND AREOSPACE WORKERS, LOCAL LODGE 1922

By: By:

20 Mayvirtually

collective agreement between wajax industrial …

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