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COLLECTIVE AGREEMENT

between

J~H~ McNAlRN LIMITED (hereinafter referred to as "the Company")

and

MAR 3 1 2011

COLLECTIVE BARGAINING INFORMATION SERVICES

UNITED FOOD AND COMMERCIAL WORKERS CANADA LOCALS 175 AND 633

(hereinafter referred to as "the Union")

FILE No. 2.14 - 004ie - I 4-

CERT. fiLE

CERT.DATE

TOTALEMPS TERM: October 1, 2010 to September 30, 2014.

EFF. DATE OCT. 01, 1..010

Ei:P. DATE Sct'T . ~, ?..014-

COOING CONTROL DATE CODER

IOENTCOOEO 1fp RECEIVED- Mo?-C\~ ~ l , 'l.Oll

UNION Ill EJ.FLO'Itft l 1 OTI'i!:R

INDEX ARTICLE 1 -RECOGNITION .......................................................................................... 3

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

ARTICLE 3- UNION SECURITY/NO DISCRIMINATION ............................................... .4

ARTICLE 4- NO STRIKE OR LOCK-OUT ...................................................................... 5

ARTICLE 5- GRIEVANCE PROCEDURE ...................................................................... 5

ARTICLE 6 - ARBITRATION ........................................................................................... 7

ARTICLE 7- DISCIPLINARY DISCHARGE & DISCIPLINE OF PERMANENT EMPLOYEES ................................................................................................................... 7

ARTICLE 8- UNION STEWARDS and UNION NEGOTIATING COMMITTEE ............... 8

ARTICLE 9- SENIORITY ................................................................................................ 9

ARTICLE 10- LEAVE OF ABSENCE ............................................................................ 12

ARTICLE 11 -HEALTH AND SAFETY ......................................................................... 13

ARTICLE 12- PLANT HOLIDAYS ................................................................................. 13

ARTICLE 13- VACATIONS WITH PAY ........................................................................ 15

ARTICLE 14- BEREAVEMENT, JURY AND CROWN WITNESS PAY ....................... 16

ARTICLE 15- CALL-BACK PAY ................................................................................... 16

ARTICLE 16- TEMPORARY TRANSFERS .................................................................. 16

ARTICLE 17- HEALTH AND WELFARE ...................................................................... 16

ARTICLE 18- OVERTIME ............................................................................................ 17

ARTICLE 19- HOURS OF WORK. ............................................................................... 17

ARTICLE 20- SHIFT PREMIUM .................................................................................. 18

ARTICLE 21- GENERAL ............................................................................................. 19

ARTICLE 22- TERM OF AGREEMENT ....................................................................... 20

ARTICLE 23- RATES OF PAY .................................................................................... 20 SCHEDULE·~"- WAGE RATES ....................................................................... 22 SCHEDULE "8" ................................................................................................... 26

LETTER OF AGREEMENT #1 ...................................................................................... 29






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ARTICLE 1 • RECOGNITION

1.01 The Company recognizes the Union as the sole collective bargaining agent of all its employees in the Town of Whitby, Ontario, in the Region of Durham, save and except supervisors, persons above the rank of supervisor, office and sales staff and students employed during the school vacation period.

1.02 The Employer shall not enter into any agreement or contract with those employees for whom the Union has bargaining rights, either individually or collectively.

1.03 It is agreed that the Company recognizes the Union as the sole collective bargaining agent for all employees in the above described unit with the exceptions noted.

1.04 Representatives of the Company, the full-time Union representative and the Union stewards shall meet quarterly, or more often if necessary, to discuss concerns or lingering points of contention.

1.05 The Company agrees that supervisors, persons above the rank of supervisors, and all non-bargaining unit personnel will not perform bargaining unit work except for instruction, training of bargaining unit personnel, casual relief, incidental work or non - repetitive emergency situations.

1.06 Sub-contractors will not perform work normally performed by bargaining unit employees which would cause the lay-off of bargaining unit employees. The Company is committed to having full-time bargaining unit employees when the need is justified.

ARTICLE 2 • MANAGEMENT RIGHTS

2.01 Except where specifically abridged by the specific terms of this agreement, the management of all phases of the Company's operation and the selection and direction of its employees will be vested exclusively with the Company.

2.02 Without restricting the generality of Section 2.01, it is agreed that the location of plants, the products to be manufactured, the schedules of production, the methods of operation, the determination of quality and quantity standards and the control of material and parts to be used shall be the exclusive function of Management.

2.03 It is the exclusive function of the Company to maintain order, efficiency and discipline; to hire, discharge, suspend, discipline, transfer, classify, promote or demote employees; to increase or decrease the working force, assign employees to shifts and specify job assignments, subject to any part of this agreement which is relevant thereto, including for those employees who have acquired seniority

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(after seventy-five (75) days worked) the grievance procedure, provided that if any such action is taken for the purpose of imposing discipline or penalty upon an employee such action shall be for reasonable cause.

2.04 It is agreed that Management shall exercise these functions in a manner not inconsistent with this agreement

ARTICLE 3- UNION SECURITY/NO DISCRIMINATION

3.01 i) The Employer shall, during the term of this agreement, as a condition of employment, deduct from members of the bargaining unit, the regular weekly Union dues and such dues shall be remitted to the Union in the format outlined in Article 3.01 (b) below, prior to the fifteenth (151

h) of the month following the month in which such deduction is made.

ii) The Employer shall collect membership initiation fees as may be established by the Union and forward any application forms and such fees to the Union in the format outlined in Article 3.01 (b) below, with the regular monthly dues remittance.

b) The remittance statement shall be documented by location, containing a dues and initiation report which will be provided in the form of e-mail ([email protected]) or on a computer diskette as well as a hard copy of the dues report attached to the remittance cheque. The information provided shall be a standard spreadsheet in "Excel", "QuattroPro", "Lotus" or other software program acceptable and adaptable to the Union. The spreadsheet will be in a table format provided by the Union and will provide the following current information:

1. S.I.N. 2. Employee number, if applicable 3. Full name (last, first, initials) 4. Full address, including City and Postal Code 5. Telephone number (including area code) 6. Date of hire 7. Rate of pay 8. Classification 9. Full-time designation 10. Union dues deducted (or reason a deduction was not made)

if dues are deducted weekly, report requires five (5) columns for reporting.

11. Total dues deducted 12. Back dues owing 13. Vacation break down or dues owing 14.1nitiation fees deducted 15. Total initiation fees deducted

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3.02 An employee may become a member of the Union or he may refrain from becoming a member of the Union if he so desires.

3.03 It is agreed that there will be no solicitation for membership, collection of dues or any Union affairs conducted on the Company premises except as specifically provided in this agreement. An employee can meet with his steward during break and lunch periods.

A steward, after first obtaining permission from his supervisor, will be permitted at reasonable times to leave his regular duties to perform such functions as are properly provided under Article 5 - Grievance Procedure. Such permission will not be unreasonably withheld, but the Company reserves the right to limit such time if it deems the time so taken to be excessive.

3.04 Union dues deductions, deducted from the employee's pay shall be included on the T-4 Income tax forms as provided by the Company.

3.05 The parties agree that there will be no discrimination against any employee because of age, race, creed, colour, sex, national origin, political activity or union activity.

3.06 The parties agree that harassment of any kind such as verbal, sexual or physical harassment will not be tolerated. The Employer further agrees to abide by the provisions of the Ontario Human Rights Code.

ARTICLE 4 - NO STRIKE OR LOCK-OUT

4.01 It is agreed that there will be no strikes by the employees or by the Union during the lifetime of the agreement.

4.02 It is further agreed that Management will not lock-out its employees during the lifetime of this agreement.

4.03 The word "strike" and the word "lock-out" shall be deemed to have meaning given those words in the Labour Relations Act, Ontario, R.S.O., 1970, chapter 232, as currently amended.

ARTICLE 5- GRIEVANCE PROCEDURE

5.01a) It is agreed and understood by both parties that grievances of employees or Management shall be adjusted as quickly as possible. It is further agreed that an employee or the steward has no grievance until he has first given to his supervisor the opportunity of adjusting the complaint.

'

b) A grievance is defined as an allegation by an employee that the Company has

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violated one of the terms of this collective agreement or any pertinent legislation, act, or Jaw.

5.02 STEP NO. 1

A written grievance will first be taken up with the supervisor by the employee, accompanied by a steward within seven (7) working days of the occurrence giving rise to the grievance. The supervisor will give his answer in writing within three (3) work days, excluding overtime, of receiving the grievance. The supervisor's answer completes Step 1.

STEP NO.2

If a grievance cannot be settled at Step 1, it may then be marked Step 2 and referred to Management representatives within seven (7) working days of the receipt of the answer at Step 1. The Management representatives shall meet with the full time Union representative and the steward, during normal business hours to discuss the grievance within ten (1 0) working days to attempt to resolve the grievance. (business hours 7:00 AM to 5:00 PM)

Meetings are to be scheduled so that no productive time is lost due to the Grievor's attendance at the meeting.

The Company confirms that all meetings including grievance meetings are paid at straight time, no premiums are to apply.

This meeting completes Step 2. If the grievance is not settled, it may then be referred to arbitration.

5.03 A Union Policy grievance, which is defined as an alleged violation of the agreement concerning all or a number of the employees in the bargaining unit in regard to which an individual employee could not grieve, or an alleged violation where a group of employees have signified to the Company an intention to grieve, may be brought forward by the Union Grievance Committee in writing at Step 2 of the Grievance Procedure at any time within seven (7) full working days after the circumstances giving rise to it originated or occurred, and if such grievance is not settled to the mutual satisfaction of the conferring parties it may be referred to a board of arbitration in the same manner as a grievance of an individual employee. Management grievances may also be processed in the manner described above.

5.04 The time limits set out in this Article 5 and in Article 6.01 may be extended only by mutual agreement in writing. A request to extend time limits by one party shall not be unreasonably denied by the other party, even when the request itself is outside the time limits. If a party intends to proceed with a timeliness argument during the grievance procedure or at arbitration, then it must give the other party

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reasonable written and detailed notice of its intention. Once such notice is given, any further time limits shall be strictly observed.

"Subsection 48(16) of the Labour Relations Act shall not apply in regard to time limits; a Board of Arbitration or Single Arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in consideration of this agreement."

ARTICLE 6 ·ARBITRATION

6.01 In the event that either party requests arbitration, it will notify the other party in writing within twenty (20) working days, outlining in detail the issue to be arbitrated. It is understood that no other matter shall be brought up for discussion before the arbitrator unless it is specifically outlined in writing by the party requesting arbitration.

6.02 In such an event the board of arbitration shall be composed of one representative selected by the Company and one by the Union and a third mutually agreed upon by the two representatives who shall be the chairman of the board. If the parties are unable to agree on a third member, then either party may request that the chairman be appointed by the Ontario Labour-Management Arbitration Commission.

6.03 The expenses of the third member of the board shall be paid jointly by the Company and the Union.

6.04 The arbitration board shall not have jurisdiction or power to make any decision inconsistent with the provisions of this agreement, nor to alter, modify or amend any part of this agreement, nor to deal with any matter not covered by the agreement, but shall base its decision on the contractual rights of the parties as disclosed by this agreement. The Board shall have the power to determine whether or not an issue is arbitrable under the terms of this agreement.

6.05 The majority decision of the board of arbitration shall be final and binding upon both parties and upon employee or employees concerned. If there is no majority the decision of the chairman shall govern.

ARTICLE 7 - DISCIPLINARY DISCHARGE & DISCIPLINE OF PERMANENT EMPLOYEES

7.01 No permanent employee shall be discharged or disciplined without just cause.

7.02 All grievances, claiming an unjust discharge, must be filed, in writing, within five (5) working days. Management shall insure that a representative (ie. steward) of the Union is in attendance when employees are being disciplined

7.03 A disciplinary discharge processed to arbitration may be settled by confirming the Company's action or by reinstating the employee with full compensation for lost time, or by any other arrangement as to compensation or reinstatement which is just and equitable in the opinion of the conferring parties or in the opinion of the

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arbitration board if the matter is referred to such a board.

7.04 If practicable, the steward will be informed of a layoff prior to the notice of layoff to the employee.

7.05 The Employer agrees that whenever an interview is held with an employee that becomes part of his/her record regarding his work conduct, a plant Steward will be present as a witness. The employee may request that the Steward leave the meeting

7.06 During the interview, the employee and the Steward will be given an opportunity for consultation.

7.07 In the event a Steward is not present, the condition will be brought to the attention of the employee. The meeting that becomes part of the employee's record will be postponed until a Steward is available, unless the seriousness of the situation requires the removal of the employee from the Company premises.

7.08 If the meeting is held without a Steward, any conclusion, verbal or written, will be null and void except when the employee requests the Steward to leave, unless the seriousness of the situation requires the removal of the employee from the Company premises.

7.09 Providing an employee has a discipline free record for a period of eighteen (18) consecutive months, the Company will remove all disciplinary notations in his/her file.

7.10 Should any disciplinary measure be issued in writing, the Employee in question shall receive a copy of such disciplinary measure. The Employer agrees to issue discipline within seven (7) working days of the discovery of the alleged offence. A working day shall be defined as Monday through Friday excluding Saturday and Sunday

ARTICLE 8 -UNION STEWARDS and UNION NEGOTIATING COMMITTEE

8.01 a) The Company acknowledges the right of the Union to appoint or otherwise select from the union membership up to four (4) stewards.

b) The Union shall designate an alternate Steward for each Steward from the applicable crew to act in the event of absence of the steward from the plant.

c) The Steward may request relief from assigned duties to investigate a grievance arising from this Agreement without deduction to pay. Such permission shall not be unreasonably withheld.

d) For the purpose of Lay-off, an employee having completed his/her

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probationary period who is elected or otherwise appointed Steward, shall, for the duration of his/her term in office, be deemed to have the highest seniority of his/her shift and shall be the last person to be laid off so long as he/she is immediately capable of performing the work required without training. The Union Steward shall not be transferred from his/her crew to another crew for the duration of his/her term in office.

8.02 a) During negotiations for renewal of this agreement, the Company agrees to pay fifty percent (50%) of the wages for up to four (4) Negotiating Committee Members, one (1) from each shift, for all time spent in negotiations, on the days when meetings with the Company take place, to a maximum of the individual's scheduled work day. The Company will pay each member of the Negotiating Committee all those lost wages and will bill the Union for fifty percent (50%) of those wages.

b) This provision has application up to and including mediation meetings prior to any strike or lock-out but not thereafter.

c) The Employer shall pay fifty per cent (50%) of the cost of the meeting rooms for all negotiations including conciliation, mediation, and interest arbitration.

8.03 The Company agrees to pay 50% of the total cost to a maximum of $500.00 towards the printing of the Collective Agreements.

ARTICLE 9 -SENIORITY

9.01 The parties recognize that job opportunity shall increase in proportion to length of service and ability.

9.02 Seniority shall mean length of continuous service with the Company.

9.03 A new employee shall work a seventy-five (75) worked day probationary period, after which he shall be granted seniority status with seniority dating back to the date of his last date of hire with the Company.

9.04 An employee shall cease to have seniority and his employment shall be terminated for all purposes when:

a) he voluntarily quits;

b) he does no work for the Company for any reason for a period in excess of six (6) consecutive months except when receiving Workplace Safety and Insurance Board benefits when the time shall be up to the statutory limit;

c) he is given a discharge, unless reinstated by way of a grievance;

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d) he fails to return to work at the expiration of an approved leave of absence without an explanation satisfactory to the Company;

e) he works elsewhere without permission while on leave of absence. Any permission, if given, must be included in the written authorization of leave;

f) he fails to report for work within seven (7) working days after the date of mailing, by registered mail, a notice from the Company to return to work from layoff;

g) is absent for three (3) consecutive work days without providing a reason satisfactory to the Company;

h) he is not recalled from layoff for a period in excess of twelve (12) months.

9.05 The Company shall maintain a seniority list for the plant. A copy of such list shall be posted for the employee's inspection on the bulletin board in a designated area. A copy shall also be provided to the Union. This list shall be brought up-to-date once every three (3) months.

9.06 In any layoff, the most senior employee will be retained provided he is fully qualified to do the work available, except that this provision shall only have effect when a lay-off is for a period in excess of two (2) work days. Notice of a 5 day lay-off or more, or five (5) days basic pay in lieu of notice, will be given to the employee, with a copy to the Union, on the shift prior to the layoff except in circumstances beyond the control of the Company including acts of God, fire, power failure, etc.

a) Where an Employee moves to another job position because of layoff, he/she shall be returned to the position he/she held before the layoff prior to any employee on layoff being recalled to fill the position.

b) A laid off employee will be entitled to be recalled for a period of twelve (12) months from the date of layoff in accordance with Article 9.04 (h).

c) An Employee being laid off shall have the right to bump/displace a junior Employee in any job classification, provided they are skilled and qualified.

d) When a laid off Employee is temporarily recalled to their previous position, and has worked a full work week, their recall rights will be renewed for an additional twelve (12) months.

e) In the event an employee bumps to a lower classification, they shall be paid the top rate of such lower position.

9.07 When employees are recalled from lay-off, the most senior employees will be

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recalled first provided the employee being recalled is already qualified to do the work available and has performed the work previously for the Company.

9.08 a) In all cases of an original vacancy, promotion, or in the creation of a new position, such position shall be posted.

The Company adheres to the principle to fill such vacancy or new position with qualified employees from within the bargaining unit before hiring new employees. A notice of the vacancy and its requirements will be posted for a period of five (5) twenty-four (24) hour work days.

The Company will provide a copy of the job posting to one of the Union stewards who will sign a receipt for such copy.

b) In filling of all posted positions, the most senior employee with the qualifications, skill and ability shall receive the position.

9.09 It is understood that the Company may withdraw a job posting at any time should the Company no longer require the position.

9.10 If there are no qualified applicants for the posting and the Company elects not to fill the posting from the outside, by hiring a new employee, employees who have applied for the posting and who do not have the required qualifications, may be considered on the basis of past work performance. Available in-house training {for Groups 3-7 excluding Group 4) and approved courses taken (for Groups 1, 2 & 4) will provide the necessary basic skills to qualify the applicant for the posting. The Company shall pay for the successful completion of a limited number of such courses and will attempt to adjust employees work schedules, in order to facilitate this endeavour.

9.11 Employees training into a new position shall be subject to a training period of 90 worked days. If, at any time during this period, the Company determines that the trainee is not suitable for this position or does not progress at an acceptable rate, the Company may, at its discretion, remove the trainee from this position. If, at any time, the trainee wishes to relinquish the position during the training period, he will be returned to his former position.

9.12 Employees shall only be considered for another training opportunity after they have progressed through the wage grid time frame to the top rate in their new position.

This requirement may be waived due to operational requirements.

9.13 Employees may be considered for posted positions in all classifications with the understanding they assume the applicable Schedule "A" rate of pay. Successful candidates may only post once per full year.

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9.14 Notwithstanding anything that may be to the contrary in the Collective Agreement, the successful applicant to a job posting shall be paid his existing rate of pay just prior to being assigned to the new position, or the start rate of the new position, whichever is greater. If he is paid the rate of his previous position, he shall remain at that rate, and be put in the corresponding Grade # that does not provide an increase in pay rate, and then progress to the next higher rate at the completion of the Grade # in which his pay rate puts him. If he is paid the start rate of pay, he shall progress through the wage grid in accordance with the scale as outlined in Schedule "A".

9.15 Relief postings will be awarded on the same basis as regular postings, as per 9.08(b).

9.16 An employee awarded a relief posting will be considered "Qualified Relief' after having worked 75 days in the relief position. The most senior employee awarded a relief posting will become "Qualified Relief' before any junior employee. "Qualified Relief' shall satisfy "qualifications, skill and ability" under Article 9.08 (b). In awarding a permanent posting, the most senior "Qualified Relief' who applies, if any, shall be awarded the position, in preference to any other candidate. If, at any time during this period, the Company determines that the trainee is not suitable for this position or does not progress at an acceptable rate, the Company may remove the trainee for just cause.

9.17 Once an employee is trained and operates independently on the relief posted position, he/she will receive the start rate (as per Schedule A) of that position, or maintain their current rate, whichever is the higher when he/she performs the work of the relief position. He/she will progress through the wage grid as per Schedule A according to time worked on the relief position.

Once an employee returns to his/her regular position, he/she will receive his/her regular posting rate.

ARTICLE 10- LEAVE OF ABSENCE

10.01 a) Requests for leave of absence must be made to the Company in writing. A leave of absence may be granted not exceeding forty five (45) working days. Such leave may be granted at the discretion of the Company and shall be without pay. Such leaves shall not be unreasonably denied and the Company agrees to provide a written reason within one (1) week of such request.

b) Delegation for Union business for only two (2) stewards or Committee Members to a maximum of seven (7) working days each per year. The Union shall provide at least thirty days notice for request of such leave and only one (1) steward or Committee Member shall be absent on such leave at a time unless approval is given by the Company, in writing.

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The Employer agrees to grant written leave of absence for a period of not more than twelve (12) months to any Employee who has been elected or appointed to a position with the International or Local Union, if such duties require him to have leave of absence from his Employer's duties on a full time basis. Such leave shall be provided to one ( 1) employee at a time.

10.2 Pregnancy and parental leave shall be in accordance with the Employment Standards Act.

10.3 Seniority will accrue during an approved leave of absence. Benefits will continue to be paid by the Company for the duration of an approved leave of absence but not to exceed a period of 30 working days. In the event the employee wishes to continue the benefits, then he may do so by paying the premiums directly to the Company.

10.4 Paternity Leave- In the event of a birth of their child, employees will be entitled to one ( 1) day off with pay on the day of birth or when the child is brought home.

ARTICLE 11 -HEALTH AND SAFETY

11.01 The Company and the Union agree that safety in the workplace and the protection of all employees are of primary importance. Safety is a shared responsibility and the input of all employees to improve safety practices and conditions is encouraged and expected

11.02 The Company and the Union agree to appoint a Joint Health and Safety Committee comprised of at least eight (8) members (the Union and the Company being equally represented) four (4) Union members and four (4) Company members.

11.03 It shall be the duty of the safety committee, at regular intervals, to report the existence of any conditions which, in its opinion, shall be hazardous to the employees, and to review the circumstances of any accident.

11.04 The Employer agrees to continue to participate with the Workers Safety and Insurance Board Schedule.

11.05 The Company agrees to abide by the Occupational Health and Safety Act as amended from time to time

ARTICLE 12- PLANT HOLIDAYS

12.01 Holiday pay shall be an equivalent of eight (8) hours at straight time based on the employee's current straight time rate without being required to perform work

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on the following plant holidays:

New Year's Day Canada Day Thanksgiving Day

Good Friday Civic Holiday Christmas Day Two Floating Holidays

Victoria Day Labour Day Boxing Day

a) Statutory holidays may be moved at the request of either party, provided it is mutually agreed to. The request must be submitted a minimum of three (3) weeks prior to the scheduled observance of the holiday and a decision made a minimum of two (2) weeks prior to the scheduled observance of the holiday.

12.02 To be eligible for holiday pay, an employee must have completed his probationary period and must have worked the full shift on the work day immediately prior to the holiday and on the work day immediately following the holiday except in the case where the employee has been granted written permission to be absent or his absence is due to having been admitted to a hospital on either or both of these days. However, if the first day of an employee's layoff is one of the qualifying days for statutory holiday pay, the employee shall be deemed to be qualified. It is also understood that for holiday calculation only, if an employee is late for a maximum of thirty (30) minutes and has punched in, such employee may make up such lateness at the end of his shift at his regular rate. In such case, it will not affect such employee's eligibility for holiday pay.

In addition to the above, an employee eligible for holiday pay shall not be disqualified if absent on either or both of the qualifying days provided he is absent due to a verified non occupational accident or non occupational sickness, and provided he has been at work within three (3) days of the holiday either before or after such holiday. Verified non occupational accident or non occupational sickness means the employee must see a recognized medical Doctor on the first qualifying day he is absent and the medical Doctor must certify in writing on the date that he saw the employee the exact medical reason(s) as to why the employee was unable to work on the qualifying day or both qualifying days, as the case may be.

12.03 In the event that one or more of the holidays fall within an employee's vacation period, he will be granted an additional day's vacation for each day.

12.04 Employees whose regular schedule results in their working on any of the above named plant holidays shall be paid the regular holiday allowance plus payment at one and one-half times their regular straight time rate for the hours actually worked on the holiday. Employees whose regular schedule would result in their not being scheduled to work the holiday, but, who nevertheless work the holiday, shall be paid the regular holiday allowance plus double time for hours worked on the holiday.

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ARTICLE 13- VACATIONS WITH PAY

13.01 An employee on the active payroll of the Company who has less than five (5) years service as of June 30th shall be granted a vacation with pay in accordance with the Employment Standards Act, Ontario.

13.02 An employee on the active payroll of the Company who, as of June 3oth, has five (5) years, but less than eleven (11) years continuous service with the Company shall be granted three (3) weeks vacation with pay at 6% of his gross earnings in the twelve- month period immediately prior to June 30th of the current year.

13.03 An employee on the active payroll of the Company as of June 30th with eleven ( 11) or more years of continuous service shall be granted four ( 4) weeks vacation with pay at 8% of his gross earnings in the twelve-month period immediately prior to June 30th of the current year.

13.04 An employee on the active payroll of the Company as of June 30th with twenty (20) years of continuous service shall be granted five (5) weeks vacation with pay at 10% of his gross earnings in the twelve-month period immediately prior to June 30th of the current year.

13.05 In the event of an employee leaving the service of the Company and not having been paid earned vacation pay that year, he will be paid out in full at the entitled rate.

13.06 Vacations will be scheduled by the Company having regard to the orderly operation of the plant. The Company agrees to post a vacation schedule by January 31 of each year for the vacation entitlement of the coming vacation year. Employees will have until March 31 to submit their vacation preferences and will be given preference by order of seniority by classification. A final vacation schedule will be posted by the Company by April 30 of each year. All requests submitted after April 30 will be granted on a first come, first served basis. Employees will not be granted more than two (2) work weeks of vacation between June 15 and September 1st of each year.

13.07 The Company will schedule senior employees up to three (3) weeks vacation at one time, except for- the period between June 15th and September 1st when no more than two (2) weeks shall be taken.

13.08 Payment for vacations will be paid in the pay period before or during such vacation week, provided the Employee notifies the Company in writing on Company supplied forms one (1) week in advance of such vacation request.

13.09 The Company shall pay vacation advances in one week blocks. Any outstanding vacation shall be paid out on the first pay period following June 30th of each

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vacation year.

ARTICLE 14- BEREAVEMENT, JURY AND CROWN WITNESS PAY

14.01 a) In the event of a death of a spouse (including common law spouse) or child (including stepchild) of an employee, the bereaved employee will be granted time off to a maximum of five (5) consecutive days, without loss of pay, to attend the funeral, one of these days shall be the day of the funeral.

b) In the event of a death in the immediate family of an employee, the bereaved employee will be granted time off to a maximum of three (3) consecutive days, without loss of pay, to attend the funeral, one of which days shall be the day of the funeral. For the purposes of this agreement, "immediate family" shall consist of parents, brother, sister, parent-in-law and step-parents.

c) In the event of the death of a grandparent or grandchild of an employee, the employee will be granted one (1) day, being the day of the funeral, without loss of regular pay for the purpose of attending the funeral provided the employee was otherwise scheduled to work on the day of the funeral.

14.02 The Company agrees to pay a full day's pay at straight time hourly rates for each day an employee is called to serve on a jury or as a subpoenaed crown witness provided he would otherwise have been scheduled to work on the day or days actually served on the jury. The employee, however, will be required to turn into the Company the applicable fees received in order to receive the compensation above provided.

ARTICLE 15- CALL-BACK PAY

15.01 An employee who is called back or called in to work shall receive a minimum of four (4) hours pay at time and one-half (1 1/2) his regular hourly rate unless a greater rate applies.

ARTICLE 16 - TEMPORARY TRANSFERS

16.01 An employee who is temporarily transferred from his job shall be paid at his own rate for the balance of the current week, thereafter at the rate for the job to which he has been transferred. The employee may, rather than continuing to work at the new rate of pay, elect to go home until required back at work at his own rate.

ARTICLE 17- HEALTH AND WELFARE

17.01 Attached hereto and forming part of this agreement is Schedule "B" which outlines the insurance benefits provided under this agreement.

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ARTICLE 18- OVERTIME

18.01 All overtime work shall, as far as is practicable, be distributed amongst the employees who normally perform the work in the job classification on a voluntary basis by seniority, by crew, first to the crew where the overtime is required and if there are not enough volunteers found, then the overtime will be offered to the alternate crews in the job classification by seniority. In the event the Company is unable to secure enough volunteers, the Company shall have the right to assign the most junior employee(s) in the job classification on the crew to work overtime.

18.02 All hours in excess of eight (8) in a day or forty (40) in a week (consecutive work days from Sunday) shall be paid at time and one-half (1-1/2) the employee's regular rate of pay. This includes hours on a Saturday if the employee has already worked thirty eight (38) hours in the week or has been specifically excused by the Company in writing for not having done so. Any hours lost due to layoff during the week may also count towards the 38 hour requirement. Time worked in excess of twelve (12) consecutive hours in any such day shall be paid at double (2) time.

18.03 There shall be no pyramiding of overtime, or shift premiums, and overtime premium will be paid but once for the same hours.

18.04 Double (2) time shall be paid for all hours worked on Sundays except where any of these hours are part of any employee's regular shift which overlaps into the following day or the provisions of call-in pay are applicable.

18.05 In the event that a scheduled shift overlaps a Saturday, Sunday or plant holiday (see Article 12), all hours worked on such day shall be paid at regular straight time rates.

ARTICLE 19- HOURS OF WORK

19.01 The normal work shift shall be eight (8) hours. The normal work week shall be forty (40) hours. This in no way shall be considered as any guarantee whatsoever as to daily or weekly hours of work. It is understood that notwithstanding any other provision, herein the present starting time of 11 :00 p.m. Sunday prevails without premium whatsoever.

19.02 The work schedules shall be posted by Thursday at 4:00p.m. of each shift change showing the starting and quitting times for the following week. Such times shall not be changed without notice to the employee concerned. During the posted period (one ( 1) week), such times shall not be changed without the consent of the employee concerned.

19.03 There shall be two (2) ten-minute rest periods paid for by the Company, one in the first-half shift, and one in the second-half shift. Additional rest periods shall be

17

paid for by the Company after each two (2) hours of overtime provided the employee works at least 30 minutes after the break.

19.04 There shall be an unpaid lunch period of thirty (30) minutes duration.

19.05 Employees who report for work, unless otherwise notified to the contrary, shall be provided with either a work opportunity equal to half (1/2) their scheduled shift hours at their regular rate of pay, or at the discretion of the Company, pay equivalent thereto. An employee who declines the work opportunity shall not be entitled to the pay in lieu thereof. This provision shall not apply if the events causing the lack of work are beyond the control of the Company including acts of God, fire, power failure, etc.

19.06 An employee compensibly injured while working and unable to finish his shift shall be paid his regular rate for the balance of the shift.

19.07 Employees who use their personal vehicle on Company business shall be paid no less than forty two ($0.42) cents per kilometre.

19.08 An employee who has already left the premises of the Company after the completion of his/her scheduled shift and who is recalled for emergency work shall be paid double his/her regular straight time hourly rate for a minimum of two (2) hours. The employee shall be required to remain at work for the two (2) hours.

19.09 In the event the company requests an employee to change crews, the change will be done on a voluntary basis, starting with the most senior employee at work in the classification on the affected crew. Should no one volunteer, the most junior employee in the classification would be moved from the crew.

19.10 The shift times are subject to change, dependent on the Company's operational requirements. Advance notice of thirty (30) calendar days of any such change will be provided to the employee and the Union Representative.

19.11 In the event an employee fails to call in within one (1) hour after the commencement of his shift that he is unable to attend at work, he is subject to discipline. Failure to observe this requirement is subject to discipline up to and including discharge.

ARTICLE 20- SHIFT PREMIUM

20.01 The following shift premiums will become effective the first Monday following October 1 as follows:

Afternoons- October 1, 2010- fifty-five cents (.55¢), October 1, 2011 -sixty cents (60¢), October 1, 2012- sixty-five cents (65¢), October 1, 2013- seventy

18

cents (70¢), for all hours worked between 4:00p.m. and 12:30 a.m.

Nights- October 1, 2010- seventy cents (.70¢), October 1, 2011- seventy-five cents (.75¢), October 1, 2012- eighty cents (.80¢), October 1, 2013- eighty-five cents (.85¢), for all hours worked between 11:00 p.m. and 7:30a.m.

20.02 The Company shall provide written notice to employees in advance when changes are made to payroll deductions.

ARTICLE 21 - GENERAL

21.01 Work normally performed in the bargaining unit shall not be performed by nonbargaining unit employees where the performance of such work would in itself result in the lay-off of bargaining unit employees.

21.02 When tools are supplied by the Company, the employee is responsible for these tools to be available at all times in the performance of his job. Employees are to sign for and be responsible for replacement. The Company will replace worn out tools when they are turned in by the employee. The maximum value of tools will not exceed thirty ($30) dollars excepting Maintenance Personnel. The Company agrees to provide a secure place for storage of tools. The Company will post their policy.

The Company will provide a tool allowance for all maintenance personnel of three hundred ($300.00) dollars payable on submission of receipts. Such allowance is renewed each calendar year on January 1st. Receipts are required to substantiate the expense and the tools have to be purchased for use at McNairn.

21.03 The Safety Shoe Allowance will be one hundred seventy five dollars ($175.00) (including H.S.T), effective October 1, 2010 and the Company will provide a voucher for the amount so that an Employee does not need to provide cash.

21.04 Supervisors will approve and initial deviations from work orders.

21.05 An authorized Union representative will be allowed to visit the plant and talk to the employees on their lunch or break periods after pre-notifying the Company of the intended visit.

21.06 Should the Company make an error on an employee's pay cheque in excess of $35.00 and the Company is timely notified, the error will be corrected by electronic adjustment within three (3) business days.

21.07 The Company agrees to provide the Union with one (1) lockable display cabinet located at the current location, with Company approval for any postings.

21.08 As of the date of ratification, any Company policy or rule that is created or

19

modified, that pertains to UFCW members must be forwarded to the Union office twenty (20) days prior to implementation. The Union will then have ten (1 0) days to object as per Articles 5 & 6 of the current Collective Agreement.

21.09 If the Company requests an employee to submit a doctor's note related to an absence, it will pay for such note(s).

ARTICLE 22- TERM OF AGREEMENT

22.01 This agreement shall be in force and effect from October 1, 2010 to September 30, 2014 and until all provisions of the Ontario Labour Relations Act has been expended.

Either party may give the other party notice of renewal and/or amendment of this Collective Agreement at anytime within ninety (90) days prior to the expiry of this Collective Agreement. The parties shall meet within fifteen ( 15) days of such notice being received.

The parties agree to sign a Collective Agreement within thirty (30) days of ratification by the Union.

22.02 During the discussions or negotiations upon any proposed renewal or revision of this agreement as provided for by Clause 22.01 in which it may be at the commencement of such negotiations, shall remain in full force and effect until such time as a new agreement has been executed or until such time as conciliation procedures, as required by legislation, have been exhausted.

ARTICLE 23- RATES OF PAY

23.01 a) Subject to his/her length of seniority, a full-time employee will be paid the applicable rate for the classification outlined in Schedule "A" which is hereby made part of the Agreement.

The Company agrees to retaining the negotiated Benefits Plans and their respective levels of coverage for the duration of the Collective Agreement.

23.02 a) The Company may appoint Team Leaders. Team Leaders will be paid a premium of $2.00 above their current rate subject to Schedule A adjustments. Team Leaders will not have the authority to hire, fire or discipline other employees.

b) To appoint a Team Leader, the Company will follow the posting procedure set out in article 9.08. For clarification, qualifications may be based on aptitude or similar tests that the Company may choose to apply at its sole discretion.

c) The Company reserves the right to remove a Team Leader appointment, or to

20

not fill a posted appointment.

\ty\ "1"'\t:l{ , 20J..\_ at Whitby.

21

Function

Group 1 Maintenance

Group 1b Uteco

Group2 Waxer Press Bag Adjuster

SCHEDULE "A"- WAGE RATES Effective from October 1, 2010

75 Days 6 Months Worked after #1

Start Grade #1 Grade #2

19.78 20.64 21.46

19.78 20.64 21.46

17.14 18.41 19.27

Short Run Printer Sheeter

Group 3 16.38 17.14 17.91 Sheeter Slitter Sleeter Cutter Pre-Press

Group 4 17.45 18.21 20.72 Material Handler

Group 5 15.10 15.97 18.87 Sheeter Helper

Group 6 12.63 13.53 14.31 Janitor Bag Machine Tender

Group 7 11.84 12.63 15.66 Packager

6 Months 6 Months after #2 after#3

Grade #3 Grade #4

22.31 26.10

22.31 24.90

20.07 23.20

18.41 20.97

16.92

Pay increase as indicated above will be effective as of the nearest Monday following the date on which it is due.

22

Function

Group 1 Maintenance

Group 1b Uteco





20.03 20.90 21.73

20.03 20.90 21.73

17.35 18.64 19.51



Group4 17.67 18.44 20.98 Material Handler



Group 7 11.99 12.79 15.86 Packager

6 Months 6 Months after #2 after#3

Grade #3 Grade #4

22.59 26.43

22.59 25.21

20.32 23.49

18.64 21.22

17.13


23

Function

Group 1 Maintenance

Group 1b Uteco


SCHEDULE "A"- WAGE RATES Effective from October 1 , 2012

75 Days 6 Months Worked after#1


20.33 21.21 22.06

20.33 21.21 22.06

17.61 18.92 19.80



Group 4 17.94 18.72 21.29 Material Handler



Group 7 12.17 12.98 16.10 Packager

6 Months 6 Months after#2 after #3

Grade#3 Grade #4

22.93 26.83

22.93 25.59

20.62 23.84

18.92 21.55

17.39


24

Function

Group 1 Maintenance

Group 1b Ute co

Group 2 Waxer Press Bag Adjuster



Start Grade #1 Grade#2

20.74 21.63 22.50

20.74 21.63 22.50

.

17.96 19.30 20.20



Group4 18.30 19.09 21.72 Material Handler



Group 7 12.41 13.24 16.42 Packager

6 Months 6 Months after#2 after #3

Grade #3 Grade#4

23.39 27.37

23.39 26.10

21.03 24.32

19.30 21.98

17.74


25

SCHEDULE "B"

This schedule outlines the benefits provided to all employed employees who have completed 90 worked days of employment unless otherwise noted. The Company agrees to retaining the negotiated Benefit Plans and their respective levels of coverage for the duration of the Collective Agreement.

1a) OHIP. Extended Health Care and Semi Private Care

Full cost (100%) of OHIP, Extended Health Care and Semi-Private Care to be paid by the Company.

Effective October 1, 2010 the Company will provide an eyewear package of $350.00 including eye exams, for eyeglasses and for contact lenses every 2 years per family member.

2 a) Life Insurance- This benefit comes into effect after ninety (90) worked days, is equal to one times annual earnings and the premium is 100% Company paid.

b) Effective October 1, 2005 the Life Insurance benefit will increase to two (2) times annual earnings.

3 a)Dental Plan - The Company agrees to participate in the UFCW Trusteed Dental Plan and effective July 1, 1993 contribute eighteen ( 18¢) cents per hour for all hours worked by bargaining unit employees who have served the ninety (90) worked day qualifying period, to a maximum of forty (40) hours per week. Such contributions shall be remitted as required by the trustees of the plan. Hours of work shall mean regular hours, overtime hours, statutory holidays and vacation periods. Employees will be eligible for Benefits under the UFCW Trusteed Dental Plan as provided in said plan.

b) Effective October 1, 2010 dental premiums will increase to fifty-one cents (.51¢) Effective October 1, 2011 dental premiums will increase to fifty-six cents (.56¢) Effective October 1, 2012 dental premiums will increase to fifty-nine cents (.59¢) Effective October 1, 2013 at the call of the Trustees an additional three cents (.03¢)

4 a)The Company agrees to pay the premium cost for a Long Term Disability Plan. The benefit starts in the 18th week of disability and provides a benefit of 60% of employee's current rate at time of disability to a maximum of $1,000.00 per month. Such coverage shall be for own occupation for two years, thereafter must be disabled for all occupations. Specific terms to be governed by the insurance contract.

26

b)Effective October 1, 2005 LTD coverage will provide a benefit of 60% of the employee's current rate at time of disability to a maximum of $1,750.00 per month.

5. Effective January 1, 1993 the Company implemented a payroll deduction RRSP. The Company administers this plan and pays any service or administration costs of the plan.

The Company deducts 2% of the employee's weekly gross wage and deposits this amount into the Plan together with the matching 2% contribution by the Company. Such funds credited to each employee may not be removed by such employee as long as he remains an employee. The employee may contribute more than 2% of his wage if he wishes, however this amount will not be matched by the Company. To be eligible for the payroll deduction RRSP an employee must have two (2) years of continuous service.

Effective October 1, 2003, the Company will deduct 2.5% of the employee's weekly gross wage and deposit this amount into the Plan together with the matching 2.5% contribution by the Company.

Effective October 1, 2004, the Company will deduct 3% of the employee's weekly gross wage and deposit this amount into the Plan together with the matching 3% contribution by the Company.



The employee may contribute more than the required contribution if he wishes; however, this amount will not be matched by the Company.

The employee's current voluntary portion in excess of the specified percentages may be used for the purpose of matching.

6. Effective October 2002, the Company will implement a Short Term Disability Plan. Benefit - 65% of earnings based on $1 ,000 maximum earnings per week. Waiting period - 7 days for accident and sickness (including hospital). Specific terms to be governed by the insurance contract. To be implemented as soon as possible after ratification. Once an Employee has applied for and been approved for Short Term Disability, the Company agrees to bridge the waiting period of seven (7) days and pay in arrears one (1) week's wage

27

based on forty (40) hours pay at their straight time hourly rate, except for Alternate Weekend Operating Crew Employees who will receive the equivalent of thirty-six (36) hours at their straight time hourly rate.

Mandatory Overtime:

Monday to Friday 8.0 hours of overtime to be the maximum amount of compulsory overtime plus maximum of 1 Saturday 8.0 hour shift per 4 week period.

28

LETTER OF AGREEMENT #1

between

J.H. McNairn Limited (The "Company")

and

THE UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 (The "Union")

Re: 24/7 Schedule

(a) The hours of work will be established on the basis of a continuous operation, that is, each work week consists of seven (7) working days and there will be two (2) shifts per day of twelve ( 12) hours each.

(b) An employee will be scheduled to work either three (3) or four (4) consecutive shifts per calendar week and then be entitled to four (4) or three (3) consecutive days off per calendar week as the case may be. Such scheduling shall be carried out over a period of eight (8) consecutive weeks, in the manner set out below

(c) This shall not be considered as a guarantee of hours of work per day or per week.

(d) During each shift employees will be scheduled three (3) ten (10) minute breaks and one (1) half hour paid lunch.

(e) The first shift will be scheduled from 7:00 a.m. to 7:00 p.m. No shift premium will be payable for any hours worked on first shift.

(f) The Company will establish a rotating shift schedule.

(g) The shift times specified in (e) above are subject to change, dependant on the Company's operational requirements. Advance notice of thirty (30) calendar days of any such change will be provided to the employee and the Union Representative.

(h) In the event the Company requests an employee to change crews, the change will be done on a voluntary basis, starting with the most senior employee at work in the classification on the affected crew. Should no one volunteer, the most junior employee in the classification would be moved from the crew.

29

(i) The Company will give at least one (1) cycle notice to the affected employee of any change in work schedule except in circumstances beyond its control.

(j) Plant holiday pay will be based on twelve ( 12) hours pay if the holiday falls on the employees' regular day off.

(k) If an employee works on any of the holidays listed in Article 12 (twelve), they will be paid twelve (12) hours pay plus time and one-half (1-1/2) for working.

(I) An employee who has already left the premises of the Company after completion of his/her scheduled shift and who is recalled for emergency work shall be paid double his/her regular straight time hourly rate for a minimum of two (2) hours. The employee shall be required to remain at work for the two (2) hours.

(m) An employee compensibly injured while working and unable to finish his shift shall be paid his regular rate for the balance of the shift.

(n) Employees who use their personal vehicle on Company business shall be paid no less than forty-two ($0.42) cents per kilometre.

(o) The Company reserves the right to discontinue from time to time the continuous operation and rotation system as above and establish in their place a work week consisting of five (5) working days, each of which will consist of three (3) eight (8) hour shifts per day.

(p) The Company will give thirty (30) calendar days notice in writing of any such change to the employees and the Union to implement or to terminate this continuous operation, unless mutually agreeable by both parties.

Note: All production positions to be conducted under the Continuous 24/7 operations or 24/5 operations exclusively.

Exclusions to the 24/7 schedule: Electricians

30

ATTACHMENT A

CONTINUOUS OPERATIONS

4-4 SHIFT SCHEDULE

WEEK Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 w w w w 0 0 0 2 0 w w w w 0 0 3 0 0 w w w w 0 4 0 0 0 w w w w 5 0 0 0 0 w w w 6 w 0 0 0 0 w w 7 w w 0 0 0 0 w 8 w w w 0 0 0 0

(q) Exceptions to the foregoing will be Christmas Day and Boxing Day in which case the employee will be deemed not scheduled to work by the Company unless the employee has volunteered and is assigned to the schedule in'response to posted staffing requirements.

Shift Premium

a) The following shift premiums will become effective the first Monday following October 1 as follows:

All hours worked between the hours of 7:00 p.m. and 7:00 a.m. will be paid at a premium rate of eighty cents (80¢) per hour.

b) The Company shall provide written notice to employees in advance when changes are made to payroll deductions.

Overtime

a) When an employee is working on the continuous operating schedule, he shall receive compensation at one and one-half times the regular rate for all work performed in excess of twelve hours per day.

b) Hours worked on an employee's scheduled day off shall be paid for at one and onehalf times the regular rate of the employee, except, once an employee has worked twenty-four (24) hours of overtime in his/her cycle, then any further overtime worked within that same cycle shall be paid at double time.

31

c) Overtime occurring on scheduled days off shall be divided as equally as practicable among employees in the job classification affected.

d) An updated overtime hours list will be posted on the plant bulletin board on each crew's last scheduled shift of the cycle.

Vacations

a) It is agreed by both the Union and the Company that the definition of a work cycle is eight (8) days in duration.

b) Holiday pay shall be an equivalent of twelve ( 12) hours pay.

32


between


and


Re: Pay Equity

The parties agree that pay equity has been achieved with respect to all bargaining unit positions.

The Employer and the Union will cooperate to ensure that pay equity will be maintained during the course of this Collective Agreement with respect to the creation or reclassification of any classifications.

Agreed to this ---:::;;;::;:0~4-~-- day of -----'-~'--'--''PI'--'---<\,_,C""lt"'-· --""---'' 2011.

33

'

-


between


and


Re: EXCESS DAILY AND WEEKLY HOURS PERMIT

Employees will be permitted to work up to a maximum of twelve ( 12) hours per day and sixty (60) hours per week, subject to an application made under the Employment Standards Act Ontario. Should approval be granted, all hours worked in excess of fortyeight (48) per week shall be strictly voluntary.

Agreed to this __ _.o::o:_+-'---- day of __ Y\t\:....!:.,.!'-"~.1..:(\'-'-'-<:At""· P"'------' 2011.

7

34


between


and


Re: ALTERNATE WEEKEND SHIFT OPERATING CREW

The parties agree to the following terms and conditions as the basis for an alternate work schedule to cover increases in business. Unless otherwise mentioned, all the terms of the Collective Agreement shall apply to Weekend Shift Employees. The terms are as follows:

1. The Alternate Weekend Shift Operating Crew will operate through the weekend Friday 11:15 p.m. to Sunday 11:15 p.m.

2. There will be two crews, Midnight crew and Day crew, and each crew will be manned by volunteers through the job posting procedure as outlined in Article 9.08 of the Collective Agreement by seniority. If there are no volunteers, new hires would staff the Weekend Shift.

3. The hours of work will be twelve (12) hour shifts, with two (2) weekends of midnights and two (2) weekends of days rotating.

a. Crew size will be determined by the Company and may change over time based on the needs of the business.

b. In the event of a decrease in crew size, the number of Employees required to be reduced will be accomplished by offering by seniority on a voluntary basis the opportunity to return to their previous Job. Should there not be enough volunteers, the reduction will be done by reverse order of seniority. Those affected Employees will be allowed to return to their previous job position creating a bump, or will be laid off if there are no junior employees to bump.

4. The total hours worked will be twenty-four (24) and the total hours paid will be thirty-six (36) based on the Saturday and Sunday being paid at time and one half (1%) their straight time hourly rate.

5. Advance notification of thirty (30) days will be given for the commencement or

35

cessation or significant decrease in crew size of this weekend shift to the Union Representative.

6. The Weekend Shift will operate for a minimum of eight (8) weeks.

7. Statutory days will be paid at the equivalent of eight (8) hours' pay at the Employees straight time hourly rate.

8. During each shift, the Employees will be scheduled three (3) ten (10) minute paid breaks and one half hour (Y,) hour paid lunch.

9. The Company will ensure that Employees on this Weekend Shift qualify for benefits as outlined in Schedule "B" of the Collective Agreement.

10. Vacation will be governed as per Article 13 of the Collective Agreement.

11. If an Employee misses a Weekend Shift due to illness, the Company will provide a make up shift of twelve (12) hours Monday to Friday at time and one half (1 Y,) their straight time hourly rate. The Employee will be entitled to two (2) make up shifts per calendar year.

12. Monday to Friday Employees will not be laid off as a result of the Weekend Shift.

13. Except during the school vacation period, Students will not replace Monday to Friday Bargaining Unit Employees who bid and are successfully awarded job positions on the Weekend Shift. During this time, Students will be limited to Packaging jobs or Chute Tending jobs.

14. All hours worked between the hours of 11 :15 p.m. and 11 :15 a.m. will be paid at a premium rate of eighty (80¢) cents per hour.

15. Overtime will be offered as per Article 18 of the Collective Agreement. If overtime is awarded to a Weekend Shift Operating Crew Employee, any hours worked during Monday to Friday on the 24/5 schedule will be paid at time and one half (1%) their straight time hourly rate, provided the Employee has worked their full twenty-four (24) hours.

16. If Statutory Holidays fall on a Saturday or Sunday, Weekend Shift Operating Crew Employees will be paid holiday pay at the equivalent rate of pay as outlined in Paragraph #4 above.

36

o4-Agreed to this----'----''----- day of ----'I'V\'-'--'-'-''Fr-'-1'\_,_,t'-"\}F-'.'----' 2011.

37


between


and


Re: RED CIRCLED RATES

The parties agree that all employees currently being paid above their applicable wage rates will not have their wage rates reduced during the term of the Collective Agreement as per Article 23.01 (a).

Agreed to this __ ____,_o"------'-4 ___ day of ___ I'YI-=....!...:...I"r',__f\----'-"'C-~~---'' 2011.

38


between


and


Re: UFCW TRAINING AND EDUCATION FUND

The Company agrees to contribute, effective October 1, 2010, two thousand dollars ($2,000.00) to the Union's Training and Education Fund. The Company will continue this contribution effective October 1, 2011, 2012, 2013.

Agreed to this __ ___,0"--'+'---____ day of_---'-Yh'--'--'~-'--(\'--""CAt""'f'~--· 2011.

For the Union

39

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