collective bargaining agreement air liquide canada …

COLLECTIVE BARGAINING AGREEMENT

AIR LIQUIDE CANADA INC. (Brampton, Ontario)

and

UNITED STEELWORKERS, ON BEHALF OF ITS LOCAL 9042-49

2019-2024

Collective Agreement 2019-2024

Air Liquide Canada Inc. & United Steelworkers on behalf of Local 9042-49 2/39

TABLE OF CONTENT 1.00. PREAMBLE AND DEFINITIONS ..................................................................................................................3 2.00. UNION RECOGNITION AND JURISDICTION .................................................................................................4 3.00. MANAGEMENT FUNCTION ......................................................................................................................4 4.00. UNION REPRESENTATION........................................................................................................................5 5.00. GRIEVANCE PROCEDURE .........................................................................................................................6 6.00. ARBITRATION ........................................................................................................................................8 7.00. DISCIPLINARY MEASURES........................................................................................................................8 8.00. OCCUPATIONAL HEALTH AND SAFETY .......................................................................................................9 9.00. SENIORITY .......................................................................................................................................... 11 10.00. CLASSIFICATIONS AND HOURLY WAGE RATES .......................................................................................... 16 11.00. HOURS OF WORK AND OVERTIME .......................................................................................................... 18 12.00. HOLIDAYS ........................................................................................................................................... 23 13.00. VACATIONS......................................................................................................................................... 24 14.00. LEAVE OF ABSENCE, BEREAVEMENT, AND JURY DUTY ............................................................................... 26 15.00. BENEFITS ............................................................................................................................................ 27 16.00. ADJUSTMENT PLAN.............................................................................................................................. 28 17.00. DURATION .......................................................................................................................................... 28 SCHEDULE “A” – HOURLY WAGE RATES .............................................................................................................. 30 LETTER OF UNDERSTANDING #1 – COST OF LIVING ALLOWANCE PROGRAM ............................................................ 32 LETTER OF UNDERSTANDING #2 – PENSION ........................................................................................................ 34 LETTER OF UNDERSTANDING #3 – FORMER WESTON ROAD EMPLOYEES’ SERVICE DATE ........................................... 36 LETTER OF UNDERSTANDING #4 – USE OF AGENCY PERSONNEL............................................................................. 37 LETTER OF UNDERSTANDING #5 – FORMER GROUP BENEFITS PROGRAM................................................................ 38



1.00. PREAMBLE AND DEFINITIONS

1.01. The purpose of this Agreement is to provide orderly collective bargaining relations between the Employer and its Employees covered by this Agreement through the Union, to secure prompt and fair disposition of grievances, to secure the efficient operation of the Employer’s business without interruption or interference with work and to provide fair wages, hours and working conditions for the employees. It is recognized by this Agreement to be the duty of the Employer, the Union and the employees to co-operate fully, individually and collectively for the advancement of the said conditions.

1.02. Whenever used in this collective bargaining agreement, the term: a) “Employee” shall mean an Employee of the Employer coming within the scope of the Bargaining Unit.

b) “Employer” shall mean Air Liquide Canada Inc. as it affects the Brampton (Ontario) and Burlington

(Ontario) establishments.

c) “Union” shall mean the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers’ International Union (United Steelworkers), on behalf of Local 9042-49.

d) “Parties” shall refer to the Employer and the Union.

e) “Agreement” shall mean the current collective bargaining agreement between the Parties, including

all Schedules, Appendices, and Letters of Understanding.

1.03. Where the context so requires, all references in this Agreement to the singular shall be deemed to include the plural. The use of the masculine or neutral gender with respect to persons shall be deemed to include all appropriate genders.

1.04. The Parties agree that every person has a right to a harassment free workplace and equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, color, ethnic origin, citizenship, creed, religious affiliation, sex, sexual orientation, age, record of criminal offenses for which a pardon has been granted and has not been revoked, marital status, family status, handicap, or any other grounds of discrimination prohibited by law.

1.05. In view of the orderly procedure for settling grievances, during the term of this Agreement, the Employer agrees that there will be no lockout of Employees, and the Union agrees that there will be no strike, picketing, slowdown, sit-down, or any other action which will interfere with work or production. If any such action takes place, the Union agrees to instruct the Employees to carry out the provisions of this Agreement and to return to work and perform their regular duties.

1.06. Should any part of the Agreement or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any judgment of order of a court tribunal or Board of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof, and such remaining portions shall continue in full force and effect.



2.00. UNION RECOGNITION AND JURISDICTION

2.01. The Employer recognizes the Union as the exclusive collective bargaining agency with respect to matters

arising under this Agreement for all of the Employees at the city of Brampton (Ontario), save and except foremen and supervisors, persons above the rank of foreman and supervisors, office and sales staff. Should the Employer move a portion of the operations covered under the Agreement within a forty kilometres (40 km) radius of the current location, the Parties agree that the new location will be subject to the Agreement but will be a separate bargaining unit and the recognition Article of the Agreement of the new location shall reflect that it applies only to the Employees performing work at the new location. Should the Employer decide to close and move the entire operations covered under the Agreement within a forty kilometres (40 km) radius of the current location, the Parties agree that the new location will be subject to the Agreement.

2.02. The Employer recognizes the Union as the exclusive collective bargaining agency with respect to matters arising under this Agreement, as per the bargaining unit certification granted by the Ontario Labour Relations Board on August 17, 2006, under file number 1365-06-R, for all of the ’Employees in the city of Burlington (Ontario), save and except foremen, persons above the rank of foreman, office, clerical and sales staff, and all employees in bargaining units for which a trade Union held rights as of July 31, 2006.

2.03. The Employer agrees that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by its representatives because of an Employee’s activity in the Union.

2.04. The Union agrees that there will be no Union activities on the premises of the Employer except as specifically permitted by this Agreement or in writing by the Employer.

2.05. Supervisory personnel shall not assume such duties as are normally performed by Employees in the bargaining unit, except for purposes of instruction, experimentation, installation and start-up of equipment, assistance to an Employee with work outside of the Employer’s premises, or in emergencies when qualified Employees performing that work are not immediately available.

2.06. The Employer intends to use its own Employees to perform bargaining unit work when qualified Employees are available, where it is practicable, and when it is efficient. Contracting out to outside companies shall not cause the layoff of Employees. For the purpose of this Section, a “layoff” shall mean an Employee laid-off and on the recall list after complying with Sections 9.05 and 9.06.

2.07. In emergencies, where a Pick-Up & Delivery Driver / Shipper-Receiver or a back-up Pick-Up & Delivery

Driver / Shipper-Receiver is not available to do the Pick-Up & Delivery Driver / Shipper-Receiver’s route, the Employer may use the services of an agency driver.

3.00. MANAGEMENT FUNCTION 3.01. The Union recognizes that the management of the plant and direction of Employees are fixed exclusively

in the Employer, and without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to:



a) Maintain order and efficiency;

b) Hire, discharge, direct, classify, transfer, layoff, recall, and suspend or otherwise discipline Employees, provided that if an Employee has been discharged or disciplined without just cause, a grievance may be filed and dealt with in accordance with the Grievance Procedure.

c) Determine the nature and kind of business conducted by the Employer, the kinds and locations of

equipment and materials to be used, the control of materials to be used, the control of materials and parts, the methods and techniques of work, the schedules of work, number of personnel to be employed, the extension, limitation, curtailment, or cessation of operations, and to determine all other functions and prerogatives here before vested in and exercised by the Employer which shall remain solely with the Employer, except as specifically limited by the express provisions of this Agreement.

3.02. The Employer agrees that these functions will be exercised in a manner not inconsistent with the

provisions of this Agreement.

4.00. UNION REPRESENTATION 4.01. The Union may elect or otherwise select from amongst the Employees who have been continuously

employed for at least one (1) year, three (3) Committeeperson at the Brampton site, one (1) of whom will be the Unit Chairperson and one (1) committeeperson from the Burlington site, for the purpose of the handling and presenting grievances.

4.02. The negotiating committee will be comprised of the committeeperson mentioned in Section 4.01. Members of the negotiating committee will be allowed the day off work without loss of pay for each day the committee is scheduled to meet with the Employer for the purpose of negotiating a new agreement, until the conciliation/mediation proceedings prescribed at law have been completed and a strike or lock-out is declared.

4.03. The Union shall keep the Employer notified in writing of the names of the committeeperson and the effective date of their appointments.

4.04. The committeeperson shall continue to perform their regular work in order to maintain efficiency of production. However, should an Employee desire to have the assistance of a committeeperson in presenting a grievance during work hours, both the Employee and committeeperson will not leave their work without first obtaining the permission of their immediate supervisor.

4.05. Each Employee in the bargaining unit shall be required as a condition of employment to have an amount equivalent to the regular weekly Union dues deducted from his pay bi-weekly. All Employees shall become and remain members of the Union as a condition of employment.

4.06. The Employer shall deduct Union dues including, where applicable, initiation fees and assessments, on a bi-weekly basis, from the wages of each Employee covered by this Agreement. The amount of dues shall be calculated in accordance with the Union’s Constitution.



a) All dues, initiation fees and assessments shall be remitted to the Union forthwith and in any event no later than fifteen (15) days following the last day of the month in which the remittance was deducted. The remittance shall be sent to the International Secretary-Treasurer of the United Steelworkers, AFL-CIO-CLC, Postal Office Box 9083, Commerce Court Postal Station, Toronto, Ontario, M5L 1K1, in such form as shall be directed by the Union by the Employer along with a completed Dues Remittance Form “R-115”. A copy of the Dues Remittance Form “R-115” will also be sent to the Union office designated by the Area Coordinator.

b) The remittance and the “R-115” Form shall be accompanied by a list of Employees from whom dues

were deducted and the amount of dues deducted, and/or Employees from whom no deductions have been made and the reasons why. This information shall be sent to both the Union address in Section 4.06.a) above, in such form as shall be directed by the Union to the Employer.

c) The Union shall indemnify and save the Employer harmless against all claims or other forms of liability

that may arise out of any actions taken by the Employer in compliance with this Article.

d) The Employer shall write the amount of Union dues paid by the Employee during the previous year on each Employee’s tax slip.

4.07. The Employer will arrange for space on the current number of bulletin boards which may be used by the

Union for posting notices which shall be subject to the approval of the Employer before posting. There shall be no general distribution of notices of any kind or literature upon Employer property other than as herein provided.

4.08. The Employer will pay up to the equivalent of sixty (60) hours’ pay for Employees to attend recognized Union courses each contract year and the Union will allow the Employer representatives to attend same.

4.09. The Unit chairperson shall be informed in writing of any new hire, probationary Employee, lay-off, job redundancy, job posting, successful applicant, and temporary transfer.

4.10. The Employer agrees to deduct from each pay the amount of one cents ($0.01) per hour from the wages of all Employees in the bargaining unit for all hours worked. a) Prior to the fifteenth (15th) day of the month following, the Employer shall pay the amount so

deducted to the “Humanity Fund” and forward such payment to United Steelworkers’ national office, 234 Eglinton Avenue East, Toronto (Ontario) M4P 1K7;

b) The Employer will also submit in writing, both the Humanity Fund at the aforementioned address and

the Local Union that such payment has been made, the amount of such payment and the names of all Employees in the bargaining unit on whose behalf such payment has been made.

c) The participation by any Employee in the bargaining unit in the program of deductions set forth above

may be discontinued by any Employee in the bargaining unit after the receipt by the Parties of the Employee’s written statement of his desire to discontinue such deductions from his pay.

5.00. GRIEVANCE PROCEDURE



5.01. No grievance shall be considered where the circumstances occurred or originated more than seven (7)

working days before the filing of the grievance with the Employer. Grievances properly arising under this Agreement will be dealt with in the following manner and sequence.

5.02. An Employee that has a complaint to address shall discuss it with his immediate supervisor within seven (7) working days after the circumstances giving rise to the complaint having occurred. The said Employee may request the assistance of a committeeperson. The immediate supervisor’s decision will be given within five (5) working days.

5.03. If the Employee disagrees with the immediate supervisor’s decision, it may be taken up, provided that action as required above has been taken within five (5) working days following receipt of his immediate supervisor’s decision in the following manner and sequence. a) Step One: The Employee, who may request the assistance of a committeeperson, may present his

grievance to his immediate supervisor. The grievance shall be in writing, signed by the aggrieved Employee, and shall state the nature of the grievance and the remedy sought. The immediate supervisor will deliver a decision in writing to the Union committeeperson within five (5) working days following the date on which the grievance is submitted to him. Failing settlement, then,

b) Step Two: Within five (5) working days after the decision is given under Step One at paragraph 5.03.a)

above, the grievance committee will send the written grievance to the Employer’s representative and the nature of the grievance and the remedies sought will be set out in the grievance. The Employer’s representative, will convene a meeting with the grievance committee, which shall not be more than two (2) Employees, within five (5) working days following receipt of the grievance, or at a date mutually agreed on, in writing, between the Parties. An authorized international representative of the Union may be present if requested by either party. The Employer’s representative may have such counsel or assistance. Should the Parties be unable to reach Agreement at such meeting, the Employer’s decision will be delivered to the Unit Chairperson in writing within five (5) working days after the date of the meeting or at a date mutually agreed on between the Parties.

5.04. Failing settlement under the foregoing procedure of a grievance between the Parties, arising from the

interpretation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as set forth in Article 6.00, and if no written request for arbitration is received within fifteen (15) working days after the decision under Step Two at paragraph 5.03.b) is given, it shall be deemed to have been settled.

5.05. All decisions reached under the Grievance Procedure between the Parties shall be final and binding upon the Employer, the Union, and the concerned Employee(s).

5.06. Where no written decision has been given or where no meeting has been convened within the time limits specified above, the grievance may be submitted to the next step of the foregoing procedure, including arbitration.



5.07. A grievance arising directly between the Parties involving the interpretation or alleged violation of this Agreement may be submitted in writing within seven (7) working days after the circumstances giving rise to the grievance having occurred, and dealt through the respective representatives of the Parties. a) A Union grievance shall commence with Step Two of the Grievance Procedure at paragraph 5.03.b).

In the case of the Employer, the matter will be submitted to the Unit Chairperson and a meeting between the Parties shall be convened within five (5) working days following receipt of such grievance or at a date mutually agreed on between the Parties.

b) Should the Parties be unable to reach Agreement at such meeting, the Union’s decision will be

delivered to the Employer’s Representative in writing within five (5) working days after the date of a meeting or a date mutually agreed on between the Employer and the Union. Failing settlement under the foregoing procedure, the matter may be submitted to arbitration under Section 5.04.

6.00. ARBITRATION

6.01. No matter may be submitted to arbitration which has not been properly carried through all previous steps

of the grievance procedure.

6.02. Pursuant to Section 5.04, the Party requesting arbitration must, at the time the written request is made, identify three (3) potential candidates to act as sole arbitrator. The other party will, within the following five (5) working days, select the one who will hear the grievance or submit three (3) different arbitrators to the referring party for consideration. If the Parties fail to appoint an arbitrator, within fifteen (15) working days of the notice to arbitrate, the appointment shall be made by the Minister of Labour upon request of either party. Should the selected arbitrator not be able to hold the hearing within ninety (90) days following his selection, the Parties will repeat the above procedure. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.

6.03. The arbitrator shall not have jurisdiction to amend or to add to any of the provisions of this Agreement or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties hereto will jointly bear the fees and the expenses of the appointed arbitrator.

6.04. The proceedings of the arbitrator will be expedited by the Parties hereto, and the decision will be final and binding upon the Parties.

6.05. At any stage of the Grievance Procedure, including arbitration, the Parties may, by mutual Agreement, have the assistance of the Employee(s) concerned and of all necessary witnesses.

6.06. Either party may invoke Expedited Arbitration in accordance with the law at the time a grievance is submitted to arbitration under Section 5.04 of this Agreement.

7.00. DISCIPLINARY MEASURES 7.01. A claim by an Employee who has completed his probationary period that he has been suspended or

discharged without just cause, shall be treated as a grievance if a written statement of such grievance is



lodged with the Employer under Step Two of the Grievance Procedure at paragraph 5.03.b) within four (4) working days after the Employee is suspended or ceases to work for the Employer.

7.02. An Employee who has completed his probationary period that is being discharged or suspended shall have the right to have a Union representative during a meeting with the Employer’s representative concerning this disciplinary measure. The Union representative will be allowed to meet with the Employee for a maximum of fifteen (15) minutes immediately before and after the meeting.

7.03. Such special grievance may be settled under the Grievance and Arbitration Procedures by confirming the Employer’s action in dismissing the Employee, or reinstating the Employee with full compensation for time lost; or any other arrangement which is reasonable in the opinion of the Parties or the appointed arbitrator.

7.04. Any disciplinary measure recorded in an Employee’s file shall remain for a period of twenty-four (24) months, or thirty-six (36) months in the case of serious safety infractions.

7.05. The Employer will issue disciplinary measures within fourteen (14) days of being aware of the infraction unless circumstances beyond its control prohibit compliance with this Section (WSIB cases, police investigation, etc.). A copy of the disciplinary measure will be given to the Unit chairperson.

7.06. Employees shall have the right upon request to review the contents of their Employee file containing the relevant disciplinary measures pertaining to their employment with the Employer in the presence of an appropriate Employer official and a committeeperson. Expired documents, if any, shall be destroyed immediately during the review.

8.00. OCCUPATIONAL HEALTH AND SAFETY 8.01. The Employer will continue to make reasonable provisions for the Employees’ health and safety during

their working hours, subject to such improvements or changes deemed advisable by the Employer from time to time.

8.02. Employees will observe all reasonable safety rules and regulations which may be prescribed by the Employer, will wear all protective wearing apparel and devices supplied by the Employer, and will work in a safe manner at all times.

8.03. The Joint Health and Safety Committee shall consist in three (3) representatives appointed by the Employer and three (3) Employees appointed by the Union. Committee members can jointly agree to add additional equal representation if required. The function of this Committee shall be to advise Management on the promotion of occupational health and safety.

8.04. The Joint Health and Safety Committee shall hold a meeting not less than once every three (3) months ensuring no postponement, or more often if requested on the basis of a jointly prepared agenda submitted at least one week in advance of such meeting. The minutes of the Joint Health and Safety Committee meeting shall be posted as quickly as possible, within five (5) working days.



8.05. The Health and Safety Committee shall be informed of lost time accidents and a member from both sides will carry out investigations on the nature and cause of these accidents. On the request of the Unit Chairperson or a Health and Safety Committee Union representative, the Employer will provide copies of Workplace Safety and Insurance Board’s accident reports.

8.06. There shall be monthly workplace inspections conducted by one (1) representative of the Union and one (1) representative of the Employer.

8.07. Employees will not be permitted to work unless they are wearing Canadian Standards Association approved safety footwear where required. a) Employees are eligible for a pair of safety boots of a maximum value of two hundred dollars ($200.00).

Unsafe and/or unwearable safety boots will be replaced up to the same previous amount up to a maximum of two (2) pairs per calendar year. The Employer agrees to buy an additional pair of safety shoes for each Employee for the purposes of transit in and out of the work area until the walking path in the plant is completed.

b) Employees, other than tradesmen, must wear the Employer approved safety boot with metatarsal

guard. Tradesmen have the choice of wearing the Employer approved type of boot with or without metatarsal guard.

c) New Employees and temporary Employees must also wear safety footwear when working, however,

in order to qualify for the reimbursement, the Employees must first complete their probationary period.

d) Each Plant Maintenance Mechanic, Customer Installation Technician and Employee filling liquid

cylinders will be provided with a pair of rubber safety boots for use in the fulfilling of their functions. The rubber safety boots will be replaced as required.

8.08. The Employer will pay for the full cost of work wear rental and cleaning for all Employees. The Employer

will pay the full cost of those uniforms that are made mandatory as per Employer’s policy. The Employer will supply at no cost to the Employees, rainwear for those Employees who are exposed to the elements.

8.09. The Employer shall supply the following clothing apparel once a year, except coveralls, raincoat, jacket, vest, parka, and bomber jacket to be supplied once every two (2) years, if required and agreed by the Employer. a) Customer Installation Technician: five (5) shirts; five (5) pants; three (3) coveralls; two (2) insulated

coveralls; one (1) jacket; one (1) parka or bomber jacket; and (1) vest.

b) Maintenance Mechanic: five (5) shirts; three (3) pants; two (2) coveralls; one (1) insulated coveralls; one (1) jacket or one (1) vest; and one (1) parka or one (1) bomber jacket.

c) Pick-Up & Delivery Driver / Shipper-Receiver: five (5) long sleeve shirts, four (4) flat front pants, one

(1) parka, and one (1) raincoat.



d) Other classifications: five (5) shirts; three (3) pants; one (1) jacket or one (1) vest; one (1) parka or (1) bomber jacket, or three (3) coveralls; one (1) jacket or one (1) vest; and one (1) parka or one (1) bomber jacket.

8.10. The first (1st) pair of prescription safety glasses will be provided up to a maximum of two hundred fifty

dollars ($250.00) to the Employee. Replacement prescription safety lenses only will be provided up to a maximum of one hundred dollars ($100.00) to the Employee once every two (2) calendar years. The Employer will reimburse medically required additions, but not cosmetic additions. The Employer will replace broken prescription safety glasses, or parts of, provided they were broken on the job and the Employee can demonstrate this was not the result of his carelessness or negligence.

8.11. As a condition of employment, all new Employees shall complete a hearing test. All other Employees shall be complete a hearing test every three (3) years or in accordance with applicable law, whichever is less. All hearing tests shall be at no cost to the Employees.

8.12. Each Employee of the filling plant to attend a relevant training session during the life of this Agreement. Local management to review particulars of the jobs with incumbents to ensure understanding and compliance with production instructions in the filling plant. Priority will be given to new Employees.

8.13. The Employer will pay for the cost of the medical examination required for the renewal of a Pick-Up &

Delivery Driver / Shipper-Receiver’s “A” and/or “D” license for those Employees who require an “A” and/or “D” license in the performance of their job provided the Employee submits a receipt for reimbursement according to the Employer’s policy, along with a medical certificate that confirms the test was successful if requested by the Employer. The cost of the medical examination will also be paid to acquire the medical certificate if requested by the Employer.

8.14. An Employee injured at work will be paid on the basis of his regular hourly rate for the time lost in having such injury attended to, provided he returns to work on the same shift. If the injury is such that the Employee cannot return to work on the same shift, he will be paid on the basis of his regular hourly rate for the remainder of such shift.

8.15. If an Employee becomes handicapped due to an industrial accident or an industrial illness, or if continuing to work on his present job may aggravate his health condition as qualified by a medical opinion, the Employer will make every reasonable attempt to offer this Employee another bargaining unit job. In the event of a dispute, a second (2nd) medical opinion rendered by a mutually agreed specialist shall be final and binding on all Parties. An Employee with more than three (3) year’s Employer service, affected as above, shall be entitled to exercise his seniority, in the manner outlined in Sections 9.05 and 9.06, in order to displace a junior service Employee.

9.00. SENIORITY 9.01. There shall be separate seniority lists for the Brampton and Burlington plants. All Sections of this Article

will apply equally and separately to the Brampton and Burlington locations and their separate and independent seniority lists.



9.02. An Employee will be considered on probation and will not be subject to the seniority provisions of this Agreement until he has completed seventy (70) worked days of employment with the Employer in the six-(6)-month period immediately following the commencement date of his employment. The Employer may request for justifiable reasons, an extension of twenty (20) worked days of the probationary period in order to evaluate a probationary Employee. The Union shall not unreasonably deny such request. Upon completion of such probationary period, the Employee’s name will be placed on the seniority list with seniority dating from the date he was hired. The release of a probationary Employee shall not be the subject of a grievance. The Employer will inform the Unit Chairperson of the release of a probationary Employee.

9.03. Employees commencing employment on the same date will be placed on the seniority list according to the time of hiring, with the Employee hired first (1st) deemed to be the senior Employee.

9.04. The Employer has the right to hire students enrolled in educational program during the annual school vacation period from May 1st to Labour Day. Students so engaged shall be paid seventy-five percent (75%) of the applicable rate for newly hired Employees. Such students will not acquire seniority rights and are not eligible to group benefits. Employees will be given preference for the filling of temporary higher rated job vacancies before any summer student are hired. a) The Employer will advise the Union immediately when a summer student becomes a probationary

Employee and the seniority of such summer student will be acquired as of the date the probationary period starts.

b) By April 1st of each year, the Employer shall post on the bulletin boards a list of summer jobs it expects

to have open.

9.05. In the event of a lay-off or a reduction in the number of Employees on the shift in a classification, the Employee(s) with the least seniority, who are in the classification(s) affected by the lay-off shift or a reduction in the number of Employees on the shift in a classification, will be the first (1st) to be displaced. For clarification purposes, Employees will be given shift preference based on their bargaining unit seniority. A record of displacement and/or bumping will be documented and a copy furnished to the Unit Chairperson. a) Each displaced Employee may then exercise his seniority by displacing a less senior Employee in any

other classification, provided that he has the qualifications, skill, efficiency, and physical fitness to perform the work available. Such Employee will be given a reasonable period of orientation of up to four (4) days as determined by the Employer.

b) An Employee with five (5) years or more seniority who has exhausted all possibilities under paragraph

9.05.a), and who is about to be laid-off will be given an opportunity to train on a job that may require up to six (6) weeks training, provided he possesses the necessary licenses or other required certificates and has the seniority to displace an Employee in that job.

c) An Employee with less than five (5) years seniority who has exhausted all possibilities under paragraph

9.05.a), and who is about to be laid-off will be given an opportunity to train on a job that may require



up to four (4) weeks training provided he possesses the necessary licenses or other required certificates and has the seniority to displace an Employee in that job.

d) The training period is of up to four (4) or six (6) weeks, meaning an Employee can be taken off during

that period if there are indications he will not succeed at the end of the period. An Employee failing to qualify within the four (4) or six (6) weeks training is immediately laid-off.

e) Unless an Employee can show to the Employer’s satisfaction that his qualifications and abilities have

substantially improved, he should not be given another training period on the same job should another lay-off occur.

f) For Special Gas Operator, there shall be not more than one (1) application of paragraph 9.05.a) to this

position during any six (6) month period. For Shipper, there shall be not more than one (1) Employee per shift provided that it does not affect more than fifty percent (50%) of the staff complement in the classification on the shift.

9.06. In the event of a recall to work of those who have been laid off, the Employee having the greatest

bargaining unit seniority will be given preference by the Employer to assume a position, provided the senior Employee has the qualifications, physical fitness and he possesses the necessary licenses or other required certificates. a) A recalled Employee who had five (5) years or more seniority at the time of lay off will be given an

opportunity to train on a job that may require up to six (6) weeks’ training.

b) A recalled Employee who had less than five (5) years seniority at the time of lay off will be given an opportunity to train on a job that may require up to four (4) weeks’ training.

9.07. The seniority list will be brought up to date by the end of January and the end of July each year and a copy

will be given to the Unit Chairperson, and a copy posted on the bulletin boards. A copy of the seniority list including current addresses, phone numbers and job classes will be sent to the Union by January 31st of each calendar year.

9.08. As a result of lack of work caused by circumstances beyond the direct control of the Employer, the Employer may lay off Employees up to a total of twenty-four (24) working hours each, during each calendar year, without regard to other provisions in this Agreement.

9.09. An Employee shall lose all seniority if he: a) Voluntarily quits the Employer; or

b) Is discharged and the discharge is not reversed through the Grievance Procedure; or

c) Following a layoff, fails to report within five (5) working days after being notified by the Employer, by

registered mail, at the last address recorded with the Employer; or fails to advise the Employer within two (2) calendar days, of his intention to report for work following receipt of such registered mail; or



d) Is absent for three (3) consecutive working days without notification to the Employer; or

e) Is absent due to layoff for more than twenty-four (24) consecutive months, if he has accumulated less than five (5) years of seniority as of the date of the layoff; or

f) Is absent due to layoff for more than thirty-six (36) consecutive months if he has accumulated five (5)

years of seniority, or more, as of the date of the layoff; or

g) Fails to return to work upon the termination of authorized leave of absence. This provision will not apply if the lateness has a cause deemed reasonable by the Employer and the Employee has notified his immediate supervisor of his anticipated lateness as soon as possible.

9.10. It shall be the duty of Employees to notify the Employer of any change in address. If an Employee fails to

do this, the Employer will not be responsible for failure to reach such Employee.

9.11. When making promotions and demotions for job vacancies, seniority shall prevail where the Employee’s qualifications, skills, efficiency, and physical fitness are relatively equal.

9.12. The Employer shall post notice of all permanent job vacancies and all temporary jobs, expected by the Employer to last more than thirty (30) calendar days, coming within the scope of this Agreement, on the Employer bulletin boards for a period of five (5) days before it is filled. All postings will indicate which shift the vacancy to be filled is on. The Employer will give a copy of the posting to the Unit Chairperson prior to Posting.

9.13. The Employer may transfer Employees, qualified to do the job, on temporary transfers expected to last up to thirty (30) calendar days. The Employer shall distribute opportunities for temporary transfers within the same shift in the filling plant as evenly as possible among those Employees qualified to do the job.

9.14. Transfers from shift to shift in the filling plant will be limited as much as possible but where necessary will be done in the following manner: a) Transfers will not start or finish mid-week;

b) Transfers to the day shift will be offered to all qualified plant Employees, not already on day shift, on

a rotating basis by seniority and will not be mandatory unless there are not enough volunteers;

c) Transfers to the afternoon or night shift will be shared equally by the bottom eight (8) active Employees, on a rotating basis, by reverse order of seniority;

d) All transfers will be done with as much notice as possible, up to one (1) month;

e) An Employee absent for any reason, during a period of time where he would have been issued or

offered a transfer, will be issued or offered the next transfer after his return to work.

9.15. A successful applicant for a job vacancy will not be permitted to apply on another job vacancy until after he has held the job he applied for initially for at least nine (9) months unless the move is to the day shift



or within eighty (80) worked hours of the beginning the training on the new position the Employee chooses to go back to his original position or is put back by the Employer. Each Employee may waive the nine (9) months restriction once during the Agreement.

9.16. Temporary jobs shall be posted as permanent vacancies after three (3) months unless they are to replace Employees off because of WSIB, illness, maternity, paternity, authorized leave of absence or vacation in the same department. The successful applicant for the temporary job will be returned to his former position when the temporary job is ended. The temporary job will be reviewed prior to reaching one (1) year.

a) Employees, or a Committeeperson on behalf of an Employee who is temporarily away from work or

who is on lay-off, may make written application for such job vacancy within such five (5) day period, it being understood that the Employer shall not be confined to the applicants in filling the vacancies unless they are qualified in respect of skill and efficiency for the job concerned, in accordance with Section 9.11.

b) The Employer will post the name of the successful applicant, if any, within ten (10) calendar days from

the expiry of the five (5) day posting period. The successful applicant will be moved to the posted position within fifteen (15) working days of the posting of the successful applicant. The Union will be given copies of both notices referred to above. The Employer will give the Unit Chairperson a list of the name(s) of all applicants.

c) When an Employee is promoted to a higher paid job, he will receive the applicable higher rate of pay

when he starts on the new job or after thirty (30) calendar days following the awarding of such a job, whichever occurs first.

9.17. In the event of a layoff of more than seven (7) calendar days, the Employer will give individual or general

notice (as the case may require), in writing, not less than two (2) working days, or pay at the regular hourly rate in lieu thereof, in advance of the effective date of such layoff to such Employee or Employees, provided, however, that no such notice or such pay shall be required in the event of a layoff arising from circumstances beyond the control of the Employer.

9.18. An Employee temporarily transferred to another job classification for a period in excess of two (2) hours in a shift, will receive the regular hourly rate of the job to which he is transferred, or the regular hourly rate of the job he previously held, whichever is the higher. a) At the completion of a temporary transfer or temporary job, the Employee will return to his original

job classification. A temporary transfer or temporary job will cease when the Employee starts his first (1st) shift on his regular job.

b) If an Employee receives a notice of lay-off and bumps into a temporary job, at the completion of said

temporary job he will be allowed to exercise his bumping rights again.

c) Training gained while on a temporary job or on a temporary transfer will not be an asset for job posted vacancies.



9.19. When an Employee, who retains recall rights in any of the Hamilton, London, Cornwall, or Sudbury bargaining units, is hired in the Brampton/Burlington bargaining unit, his service with the Employer is deemed not to be interrupted for the purposes of determining his vacation entitlements, entitlement for plant holidays and entitlement to benefits outlined in Article 15.00. An Employee who was participating in the Employer’s Defined Benefits Pension Plan “H” and was hired from Hamilton or Sudbury will continue in the Employer’s Defined Benefits Pension Plan “H” with all credited years of service. An Employee who was participating in the Employer’s Defined Benefits Pension Plan “H” will be eligible to start participating into the Employer’s Defined Benefits Pension Plan “H” on the first (1st) day of hire. The reverse also applies for Employees hired from Brampton/Burlington to Hamilton, Sudbury, London, or Cornwall. a) For all other intents and purposes, including all seniority provisions, the Employee will be considered

as a newly hired Employee.

b) The Employee retains his recall rights in the bargaining unit he has left, according to the seniority provisions of the Agreement pertaining to that bargaining unit.

10.00. CLASSIFICATIONS AND HOURLY WAGE RATES

10.01. The Employer shall pay the regular hourly wage rate of to all Employees, nevertheless applying the

following wage differentials between the classifications stated herein. The wage differentials shall be increased as stated herein based on the Employee’s worked hours.

CLASSIFICATIONS WORKED HOURS

0 520 1,040 1,560 2,080 Filling Operator x + $0.00 x + $0.48 x + $0.72

Pick-Up & Delivery Driver / Shipper-Receiver x + $0.00 x + $0.72

Plant Shipper x + $0.24

Shipper-Receiver

Speciality Gas Operator x + $0.24 x + $0.96

Customer Installation Technician x + $1.20 x + $1.68 x + $2.16

Maintenance Mechanic x + $1.44 x + $1.92 x + $2.40

Customer Installation Journeyman x + $4.80 x + $5.28 x + $5.76 Where “x” refers to the regular hourly wage rate.

10.02. As of September 30, 2019, the regular hourly wage is established at $29.18. Every Agreement year, Appendix “A” shall be updated. The regular hourly wage shall be increase on an annual basis as follows:

a) October 1, 2019: thirty cents ($0.30); b) October 1, 2020: fifty cents ($0.50); c) October 1, 2021: thirty-five cents ($0.35); d) October 1, 2022: fifty cents ($0.50); e) October 1, 2023: fifty cents ($0.50).

10.03. Any change in an Employee’s hourly rate will commence from the beginning of the nearest pay period of the actual effective date.



10.04. The Parties agree that all current Employees classified in Pick-Up & Delivery Driver / Shipper-Receiver

classification as of October 1, 2019, shall remain in that classifications. Should any of these Employees vacate their current position for any reason, the Employer shall have the right to fill the vacancy in the Pick-Up & Delivery Driver / Shipper-Receiver classification. All other classifications in Logistics shall be considered separate classifications for the purposes of filling vacancies. Nothing in this Section precludes the Employer from exercising their exclusive right to temporarily transfer Employees from one classification to another as per Article 9.00.

10.05. Shift Employees working regularly scheduled shifts will receive an hourly off-shift premium of eighty-five cents ($0.85), or eighty-seven cents ($0.87) if on ten-(10)-hour shifts, for the afternoon shift and ninety-five cents ($0.95) per hour for the night shift. Such off-shift premium will not be paid for any hour in which an Employee receives an overtime rate except as provided in paragraph 11.06 a) and such off-shift premium will not form part of an Employee’s regular hourly rate. a) For ten-(10)-hour shift on a week-end schedule, Employees working on Sundays will be paid a Sunday

premium of two dollars ($2.00) per hour for all regularly scheduled hours worked on Sunday. Such Sunday premium will not be paid for any hour in which an Employee receives an overtime rate and such Sunday premium will not form part of an Employee’s regular hourly rate.

10.06. The Plant Maintenance Mechanic and the Customer Installation Technician will receive a monthly

premium of one hundred fifty dollars ($150.00) for each month he will be on call. Said Employee will carry a communication device and must respond to all calls within an hour. Each Customer Installation Technician will be on call every other month.

10.07. In the event that a new job classification is introduced, the Employer will establish the wage rate for such new classification and shall advise the Union. a) In the event that the work done in any job classification changes enough to warrant a change in the

wage rate, the Employer shall make such change and advise the Union.

b) In either case, the Parties will meet and discuss the wage rate for such new classification or such change in wage rate. If following such discussion there is disagreement between the Parties, a trial period shall be instituted which shall not exceed fifteen (15) working days or such further time as may be agreed upon as necessary to give a fair trial to the change.

c) At the end of such trial period, if the wage rate for the new classification is unsatisfactory or such

change in wage rate is unsatisfactory, a grievance may be lodged within seven (7) working days following the end of the trial period.

d) The new or changed rate in effect during the trial period shall remain in force unless changed by

mutual agreement of the Parties or by decision of an arbitrator.

e) In establishing any new rate, the arbitrator shall be guided by the existing rate structure, existing reference points, the relationship of the job under review to other job classifications and rates provided under this Agreement.



11.00. HOURS OF WORK AND OVERTIME

11.01. The normal workweek will be composed of forty (40) hours, Monday to Friday, and the normal shift will

be eight (8) hours, or ten (10) hours if on a ten-(10)-hour shift schedule. This Article is intended only to provide a basis for calculating time worked and shall not be a guarantee as to hours of work per day nor as to days of work per week, nor as a guarantee of working schedules.

a) The normal workweek of the Maintenance Mechanic is from Tuesday to Saturday on the afternoon

shift.

b) The Parties may enter into agreement to give effect to shift schedules which alter or exceed the daily and/or weekly hours of work contained in this Agreement if the majority of the Employees involved are in favor.

c) Shift scheduling of Employees will not be done arbitrarily, but where necessary, will be made with one

month’s notice whenever possible.

d) Where there is no work available for Pick-Up & Delivery Driver / Shipper-Receiver to complete a ten-(10)-hour shift, the Employee will be assigned in other areas if there is work available.

11.02. While the starting times listed in this Section are usual, they may be varied to suit operating requirements

in accordance with Section 11.01 or by mutual Agreement. a) Maintenance Mechanic, Customer Installation Technician: the day shift is: 8:00 a.m. to 4:30 p.m.; and

the afternoon shift is: 2:00 p.m. to 10:30 p.m.

b) Filling Plant Operator, Plant Shipper, and Specialty Gas Operator: the day shift is: 6:00 a.m. to 2:30 p.m.; the afternoon shift is: 2:30 p.m. to 11:00 p.m.; and the night shift is: 10:00 p.m. to 6:30 a.m. The night shift begins Sunday night.

c) Pick-Up & Delivery Driver / Shipper-Receiver: the day shifts are: 6:00 a.m. to 2:30 p.m.; 6:30 a.m. to

3:00 p.m., 7:00 a.m. to 3:30 p.m., 7:30 a.m. to 4:00 p.m., 8:00 a.m. to 4:30 p.m., 8:30 a.m. to 5:00 p.m., and 11:00 a.m. to 7:30 p.m.; and the afternoon shifts are: 2:30 p.m. to 11:00 p.m. and 3:30 p.m. to 12:00 a.m.

d) For ten-(10)-hour shift on a week-end schedule, the day shift is 6:00 a.m. to 4:30 p.m.

e) For the Pick-Up & Delivery Driver / Shipper-Receiver and Shipper-Receiver classifications, regularly

scheduled start times can be modified either by one (1) hour earlier or by one (1) or two (2) hours later, with notice by the end of the day prior to accommodate special circumstances and/or unforeseen weather events.

f) All shifts include a thirty-(30)-minute unpaid lunch, two (2) coffee breaks of ten (10) minutes each,

and two (2) wash-up periods of five (5) minutes each.



11.03. If a change of shift is agreed upon between Employees within a specific department, and a request is made for such a change, it shall not be denied unless such a change would obviously hamper the safe and efficient operation of the department.

11.04. When an Employee is called in to work at times other than his regular hours of work, a minimum of four (4) hours pay at his regular hourly rate shall be paid. This provision shall not apply if an Employee’s work on an assigned call-in commences one (1) hour or less before the start of his regular scheduled shift. Instead, he will receive the applicable overtime rate for the time worked before the commencement of his regular shift.

11.05. When an Employee receives a call at home requesting work related information and the information provided prevents an actual call-in, he shall receive one (1) hour pay at his regular rate providing he received prior approval from a supervisor.

11.06. Authorized work perform in excess of an Employee’s normal workweek or normal shift will be paid at the rate of time and one-half (1 ½) of the Employee’s regular hourly rate. For eight-(8)-hour or ten-(10)-hour shift on a weekday schedule, overtime work performed on a Sunday will be paid at the rate of twice (2) the Employee’s regular hourly rate. For ten-(10)-hour shift on a week-end schedule, overtime work is defined as authorized work performed in excess of an Employee’s normal workweek or normal shift as set out in Section 11.01 and will be paid at the applicable overtime rate. a) An Employee working three (3) or more overtime hours into an off shift shall be paid the applicable

shift premium for all hours worked during that shift. This premium also applies for any holiday work.

b) An Employee requested to work a second (2nd) shift or a part of a shift thereof within a twenty-four (24) hour period shall be paid at time and one-half (1 ½) of the Employee’s regular rate for that second (2nd) shift or part of that shift.

c) Overtime rates shall not apply for hours worked as a result of a shift change made for an Employee’s

convenience.

d) An Employee who has worked overtime can request the equivalent of time off for all or part of the overtime in lieu of the overtime payment, provided he notifies his supervisor in advance of his intention to bank overtime of up to a maximum of forty (40) hours per calendar year. The time taken in lieu of must be mutually agreed upon and the Employee must give one (1) month advance notice of the date he intends to take the time off. The replacement will be at regular time and not at overtime. Time not taken in lieu of will be payable as of December 31st of each year.

11.07. There will be no duplication or pyramiding of premiums on overtime payments.

11.08. The procedure for distribution of overtime on weekdays shall be as follows:

a) Employees in the Department where overtime is required, who are on the job that shift, readily

available, will be asked in order of the least amount of accumulated overtime hours first.



b) Employees that can perform that job, who are on that shift, readily available, will then be asked in order of the least amount of accumulated overtime hours first.

c) Employees who are not on the shift may be called at home and offered the overtime following steps

11.08.a) and 11.08.b), providing it is deemed to be appropriate to be calling that Employee at that particular time of day. Employees should not be called during hours when it would be likely that they would be sleeping due to their particular shift schedule.

d) Pick-Up & Delivery Drivers / Shipper-Receiver are required to complete a route assigned to them

within the general time table and shall be required to work whatever overtime is necessary to complete the originally assigned route having due regard for hours of service regulations. For clarification purposes, a route is a series of stops and/or tasks assigned to a Pick-Up & Delivery Driver / Shipper-Receiver once his truck is loaded and the time table is the time required to complete the route within a normal regularly scheduled shift and also considers pre and post trip inspections, travel to the first (1st) call and return from the last call, designated breaks and lunch as well as reasonable amount of time to complete each delivery subject to safety, weather and unexpected traffic conditions, access to the customer and any related regulations and legislation.

11.09. The procedure for distribution of overtime on weekends and holidays shall be as follows:

a) A “Willing to Work Overtime” sheet will be posted in a mutually agreeable spot in the plant no later

than 2:30 p.m. on the Tuesday of each week.

b) Employees willing to work overtime on the weekend or Holiday must sign the “Willing to Work Overtime” sheet no later than 12:00 p.m. on the Thursday of each week. Signing the “Willing to Work Overtime” sheet does not guarantee that overtime will be required that week.

c) Employees will be selected in the Department where overtime is required who have signed the

“Willing to Work Overtime” sheet in order of the least amount of accumulated overtime hours first.

d) Employees that can perform that job who have signed the “Willing to Work Overtime” sheet will then be selected in order of the least amount of accumulated overtime hours.

e) Employees who were on a Temporary Transfer during the week would be eligible for consideration of

step 11.09.a) in both his regular Department and for the Department he was transferred into if they have signed the “Willing to Work Overtime” sheet.

11.10. With respect to the distribution of overtime procedures detailed in Sections 11.09, 12.07, and 12.08, the

following particulars shall apply. a) Overtime hours shall be calculated on a per week basis and accumulated and recorded on the “Willing

to Work Overtime” sheet. Updated weekly copies will be posted and provided to the Union. Banked overtime hours are to be included in the accumulated overtime total.



b) If it is necessary for the Employer to request overtime, the Employer shall make the overtime request at least two (2) hours prior to the end of the shift during the week and by the end of an Employee’s fourth (4th) shift of the week (based on a five-(5)-day work week) for weekend work.

c) If an Employee is selected to work the weekend overtime, the Employer will notify the Employee by

recording their name on the “Willing to Work Overtime” sheet.

d) Employees who are not eligible for overtime due to injury, lay-off, or other circumstances shall be assigned the lowest number of hours on record for that Department, once they become eligible for overtime work. This shall also apply to an individual who posts into or is placed into a particular Department.

e) Should the Employer distribute overtime to Employees in a manner not in compliance with this

procedure, the Employee(s) who are affected will be given the first (1st) future overtime shift that the Employee(s) is willing to work.

f) Employees on vacation at the time of overtime opportunities would not be eligible for claims

described above.

g) Employees selected to work overtime will be treated as a regular shift in regards to absenteeism.

11.11. When an Employee is advised during his present eight-(8)-hour, or ten-(10)-hour, shift to work overtime following completion of such shift, he will receive a meal allowance of twelve dollars ($12.00), provided such overtime exceeds three (3) hours. a) For each additional uninterrupted four-(4)-hour period, the Employer will provide another twelve

dollars ($12.00) meal allowance.

b) When called-in, meal allowances will be paid after six (6) hours and every additional four (4) hours thereafter while the Employee remains on overtime.

c) Employees must fill expense reports each week to receive reimbursement for their meal allowances.

d) In the event an Employee has cause to operate in the United States of America for Employer’s

business, all allowable expenses incurred, excluding meal allowances and layovers, shall be reimbursed to the Employee in United Sates currency funds or the equivalent in Canadian currency funds at the prevailing rate of exchange in effect on the day the expenses were incurred.

11.12. The Employer shall provide all overnight accommodations to Pick-Up & Delivery Driver / Shipper-Receiver

that are required to sleep away from home. a) The Pick-Up & Delivery Driver/ Shipper-Receiver shall receive a layover meal allowance for the day

prior to the Layover.

b) The layover meal allowance is forty dollars ($40.00) per night and is deemed to be the equivalent of three (3) meal allowances, including the breakfast the following morning.



c) Every week, Pick-Up & Delivery Drivers / Shipper-Receiver must complete the required administrative

paperwork to receive reimbursement for their meal allowances. The layover meal allowance cannot be combined to any other type of meal allowances set forth in the Agreement.

d) Routes requiring a layover will be offered on a voluntary basis according to seniority, or according by

reverse order of seniority if no Employee volunteers.

11.13. The Employer may require Employees to attend twenty (20) hours of training per calendar year, such training may or may not take place during regular working hours but it shall be paid at straight time hourly rate during their regular workweek and at applicable overtime rate outside of their regular workweek. Training above twenty (20) hours, outside of regular working hours, is voluntary and shall be paid at the applicable overtime rate. Whenever possible, the Employer shall provide thirty (30) days notice of such training and will avoid conducting training sessions during the weekends of July and August.

11.14. If an Employee reports for work at the commencement of his regular shift without notification not to do so, he shall be paid for the equivalent of four (4) hours work at his regular rate, provided, if requested by the Employer, the Employee shall perform such work to which he may be assigned, and further provided that this obligation on the part of the Employer shall not apply if failure to supply work is due to conditions beyond the control of the Employer or if the Employee is returning to work following an absence without notifying the Employer in advance.

11.15. If an Employee is scheduled to work an overtime shift, or part of an overtime shift, and is advised of cancellation of such shift on that day without at least twelve (12) hours notice, he shall be paid the equivalent of four (4) hours at the regular straight time rate, provided that this obligation on the part of the Employer shall not apply if failure to supply the work is due to conditions beyond the control of the Employer.

11.16. This Section applies to ten-(10)-hour shifts. With thirty (30) days’ notice, the Employer may terminate the ten-(10)-hour shifts if they are found to adversely affect production. With thirty (30) days’ notice, the ten-(10)-hour shifts may also be terminated at the end of any pay period if the majority of Employees in the classification decide to do so. a) The transition in and out of the ten-(10)-hour shifts will be done at no additional cost to the Employer.

b) The Employer will issue individual notices, at least thirty (30) days in advance, of its intention to

change the ten-(10)-hour shift schedule. The Employer will not force Employees to accept transfers between week and weekend shift.

c) If the Employer decides to add an afternoon shift to the week-end shift, the filling plant will not be

considered operating on a continuous shift.

d) All provisions of this Agreement shall be deemed to cover for ten-(10)-hour shifts. However, if either Party believes there remain an uncertainty in the interpretation or application of such ten-(10)-hour shift with respect to a specific provision, then the Parties shall achieve mutual agreement.



12.00. HOLIDAYS 12.01. An Employee who has completed his probationary period will receive the following holidays with pay:

New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Day, Labour Day, Thanksgiving Day, one-half (½) day on Christmas Eve; Christmas Day, Boxing Day, and one-half (½) day on New Year’s Eve.

12.02. An Employee who has completed his probationary period will receive two (2) floating holidays with pay. The paid floating holidays are to be observed on a day of the Employee’s choosing within the contract year earned, provided that: a) its date is made known to the immediate supervisor at least one week in advance. At the sole

discretion of the Employer an Employee may be granted a floating holiday on shorter notice.

b) it does not hamper the Employer’s operations in any unreasonable fashion. Otherwise, the floating holiday will be observed at another day of the Employee’s choosing, filling the above provisions.

12.03. By May 1st of each year, the Employer will post the list of unscheduled floating holidays.

12.04. Holiday pay will be computed at the regular hourly rate on the basis of the number of hours an Employee

would otherwise have worked had there been no holiday.

12.05. In order to qualify for holiday pay, the Employee must work his full scheduled shift of each of his working days immediately preceding and immediately following the holiday concerned unless the Employee has a reason satisfactory to the Employer.

12.06. Holidays will be observed on the day on which they occur, except that if such a holiday occurs on a Sunday, it will be observed on the following Monday, or if such holiday occurs on a Saturday, it will be observed on the preceding Friday. The Parties reserve the right to substitute any other day in place of a holiday, after mutual agreement, in consideration of local prevailing conditions and operations requirements.

12.07. An Employee who is required to work his regularly scheduled shift will be paid at the rate of twice his regular hourly rate for the entire shift worked in addition to his holiday pay, provided such shift commences in the twenty-four (24) hour period beginning at 11:00 p.m. on the eve of a holiday, otherwise the entire shift will be paid at the regular hourly rate.

12.08. In the case of overtime work performed on a holiday preceding or following an Employee’s regularly scheduled shift, the holiday is considered to be that twenty-four (24) hour calendar day, and such overtime hours worked thereon will be paid at twice the Employee’s regular hourly rate. At midnight on the holiday, the overtime will be paid at the rate of one and one-half (1 ½) times the Employee’s regular hourly rate. All following consecutive hours worked, whether scheduled or not, will be paid at one and one-half (1 ½) times the Employee’s regular hourly rate. However, should the work for which the Employee was originally retained become completed before or during his regularly scheduled shift, the Employee will be paid at his regular hourly rate for the duration of hours worked on his regularly scheduled shift if he wishes to continue working for that time.



12.09. In the event that a holiday falls within an Employee’s vacation period, the Employee shall be granted an extra day’s holiday with pay as determined under Section 12.04.

13.00. VACATIONS 13.01. An Employee in the active employment of the Employer with:

a) less than one year continuous service as of May 31st will be entitled to one (1) day of paid vacation for

each calendar month worked up to May 31st, up to a maximum of ten (10) working days.

b) one (1) year continuous service as of May 31st will be entitled to two (2) weeks paid vacation.

c) five (5) years continuous service as of May 31st will be entitled to three (3) weeks paid vacation.

d) ten (10) years continuous service as of May 31st, will be entitled to four (4) weeks paid vacation.

e) eighteen (18) years continuous service as of May 31st will be entitled to five (5) weeks paid vacation.

f) twenty-five (25) years continuous service as of May 31st will be entitled to six (6) weeks paid vacation.

13.02. The year of reference with regards to vacation is from June 1st through May 31th of the following calendar year.

13.03. An Employee’s vacation pay will be paid at the time that he takes his vacation, in accordance with the regular payroll schedule.

13.04. Vacations shall not be accumulated or waived but must be taken within twelve (12) months of the date of entitlement.

13.05. Other than Employees who are referred to in Section 13.01, an Employee who is not in the active employment of the Employer as of May 31st, but who has been credited with less than a full year of work in the year ending with May 31st, will be entitled to a paid vacation period reduced in the proportion which his regular hours worked bears to a full year of work (two thousand and eighty (2,080) hours). However, as an exception to this Section: a) an Employee who has worked one thousand six hundred (1,600) hours or more in the year ending

May 31st, including overtime hours worked, will be credited with a full year of work during the year;

b) hours not worked due to presence in negotiation meetings with the Employer or due to the application of Sections 14.05, 14.06, and 15.03, as well as Articles 12.00, 13.00, and 14.00 will be credited to an Employee to determine the number of hours worked in the year;

c) hours not worked while an Employee is in receipt of Worker’s Compensation benefits up to one (1)

year, or until such benefits cease, whichever occurs first (1st), will be credited to determine the number of hours worked in the year;



d) Pay for each week of vacation, or portion thereof as determined in Section 13.05, will be computed by multiplying the Employee’s regular straight time hourly rate by the number of hours in the Employee’s normal workweek, or computed on the basis of two percent (2%) of the total pay of the Employee in the period of June 1st to May 31st immediately preceding the year in which the vacation is taken, whichever is the greater.

e) The term “active employment” refers to a situation wherein an Employee holds an active, working

position with the Employer and is normally working in that position for pay, except for the occasional absence as outlined in paragraphs 13.04.b) and 13.04.c) and for the period of time outlined in these paragraphs.

13.06. In cases of disability where an Employee has been prevented from working for extended periods, vacation

may be waived at the Employee’s discretion based upon the following: for each four (4) consecutive weeks of disability, forty (40) hours of vacation; or, for extended absence due to disability of sixteen (16) weeks or more, an Employee may waive all or a portion of his vacation. Vacation requiring re-scheduling of vacation dates will be in accordance with existing vacation practices.

13.07. Where an Employee is temporarily transferred (without posting) and the Employee in question has properly booked his vacation time, he shall not suffer loss of that allotted time due to a conflict with the vacation time already booked by an individual in the department or job to which he is being temporarily transferred. The Employer shall cover the vacation time in question by use of a second (2nd) temporary transfer compatible with the situation.

13.08. The vacation procedure shall be as follows: a) Prior to February 1st of each year, a list indicating the eligibility of each Employee will be posted for

each department. One (1) week can be used for single days (Mondays and Fridays); however, weeks will take precedence over single days

b) Prior to February 14th of each year, the Employer shall post a notice to all Employees that vacation

requests are to be submitted by March 1st deadline on a Vacation Request Form. Duplicate copies are to be provided to the Union by the Employer.

c) By March 7th of each year, based on the Employees indicated preferences, the relative seniority of

each Employee and the operating requirements, the Employer will post a tentative vacation schedule and return denied vacation requests to the Employees for resubmission. The schedule is considered tentative because during the resubmission process, less senior Employees vacations can be displaced, requiring them to resubmit.

d) Within three (3) days of receiving a denied request, an Employee may resubmit a new vacation

request.

e) Within three (3) days of receiving the new vacation request, the Employer will post an updated tentative schedule and return any denied vacation requests to the Employees.



f) This process will continue until all vacation requests have been processed and a complete vacation schedule has been posted by April 1st of each year. No new vacation requests will be accepted between March 1st and April of each year.

g) After April 1st of each year, new vacation requests will be processed on a first-come/first-served basis.

Seniority will prevail for requests on the same day. Vacation requests will be responded to within five (5) days by the Employer.

13.09. An Employee who is on vacation at the time of a bereavement leave as listed under Section 14.02, may

ask for an unpaid leave of absence that shall not be unreasonably denied. The question of the reasonableness is at the discretion of the Employer. If granted, the Employee will be allowed to reschedule his vacation at a future date taking into account the operating requirements of the Employer, provided that the Employee submits, when back to work, proper proof justifying such bereavement leave.

13.10. Filling plant Employees will be allowed to use up to one (1) week’s vacation in single days on Mondays and Fridays taking into account the operating requirements of the Employer.

13.11. The Employer shall allow twenty percent (20%) of the workforce, per department and per location, off for vacation purposes. In all situations, the percentage will be round off to the nearest whole number of Employees with a minimum of one (1) person. However, for the Pick-up & Delivery Drivers / Shipper-Receiver, only one (1) person will be allowed off between September 1st and April 30th. a) The Employer further agrees to allow a minimum of twenty-five percent (25%) of Employees off for

vacation during the Christmas period. The Christmas period shall be defined as the week beginning with the Sunday before Christmas Day and the week ending with the Saturday after New Year’s Day.

b) For clarification purposes there are four (4) departments: Plant (Filling Operator, Specialty Gas

Operator, Plant Shipper, and Maintenance Mechanic), Satellite (Burlington Facility), Transportation (Shipper-Receiver and Pick-Up & Delivery Driver / Shipper-Receiver), and Customer Installation (Customer Installation Technician and Customer Installation Journeyman).

14.00. LEAVE OF ABSENCE, BEREAVEMENT, AND JURY DUTY

14.01. A written request for a leave of absence for serious personal or compassionate reasons will not be

unreasonably denied and will be considered without undue delay by the Employer and once granted, will not be revoked. The question of the reasonableness of the request will be at the discretion of the Employer, which will not be exercised in a discriminatory fashion.

14.02. An Employee shall be granted a paid leave of absence to attend the funeral, memorial service, or cremation of the Employee’s: a) spouse, common-law partner, child, or step-child: up to five (5) days;

b) mother, father, step-mother, step-father, sister, brother, mother-in-law, father-in-law, sister-in-law,

brother-in-law, son-in-law, daughter-in-law, grandmother, grandfather, or grandchild: three (3) days.



c) Aunt or uncle: one (1) day.

14.03. Bereavement leaves as per Section 14.02 shall not be paid to an Employee for any day upon which he would not otherwise have been scheduled to work for the Employer. Payment will be based on the Employee’s regular hourly rate, excluding premiums. If a night shift Employee attends a relative’s funeral on the day his night shift is scheduled to begin, the paid bereavement leave will be extended to include that night shift.

14.04. An Employee acting as a crown witness or as a juror shall receive the difference between pay for regular hours lost at the hourly rate applicable to the time lost, and the fee received, provided he furnishes the Employer with a detailed certificate of service signed by the Court. An Employee who is excused by the Court for the remainder of the day is expected to report to the plant to complete his shift. For the purposes of this Section, the Employee will be deemed to be on the day shift.

14.05. Leave of absence without pay to attend Union conventions will be granted by the Employer to one (1) Employee elected or appointed by the Union, provided that at least seven (7) calendar days written notice in advance is given to the Employer; such leave of absence will not exceed forty (40) working days in any year; and, if such leave of absence is to be taken during the months of July or August, it will be at the discretion of the Employer. However such leave will not be unreasonably denied.

14.06. On written request by the Union, the Employer will grant a leave of absence without pay up to twelve (12) months within a calendar year to one (1) Employee selected by the Union to work on a full-time basis for the Union.

14.07. The Employer agrees to continue to pay Employees for leaves of absence granted by the Employer in Sections 14.05 and 14.06, and then to invoice the Union for same, including benefits. The Union agrees to reimburse the Employer within thirty (30) days after receiving the invoice.

15.00. BENEFITS 15.01. The Employer shall maintain a group benefits program including healthcare, dental, life, accidental death

and dismemberment, and long-term disability insurance plans as established by the Employer with its group insurance provider in accordance with the terms and conditions of such plans.

15.02. Eligible Employees shall participate in the Employer’s group benefits program. Employee shall be covered for healthcare, dental, life, and accidental death and dismemberment plans until the day of a layoff and/or termination of employment. Employees shall be responsible for the payment of their part of the premiums through payroll deductions. An Employee that wishes to maintain their coverage during an unpaid leave of absence, including but not limited to long-term disability, occupational disability or other unpaid leave, shall pay in advance his part of the premiums in order to maintain his coverage.

15.03. The Employer shall maintain a short-term disability plan providing for a benefit equivalent to eighty percent (80%) of an Employee’s base salary for a maximum of twenty-six (26) weeks from the first (1st) day of hospitalization or non-occupational accident, or from the fourth (4th) working day of sickness with respect to participating Employees who have completed their qualifying period and while such Employees remain in the active employ of the Employer.



16.00. ADJUSTMENT PLAN

16.01. Technological change means the introduction by the Employer into the production process of new

equipment or machinery of a type which was not previously used by the Employer and which results in layoffs of Employees.

16.02. If Employees are going to be affected by technological changes or by partial or complete plant closure, the Parties will discuss such changes through the Union Management Committee and to give eight (8) weeks’ notice to the Union except if the partial or complete plant closure is caused by strike, lock-out, war, fire, flood, or other natural disasters, or acts of god.

16.03. The Employer will make every reasonable effort, where practical, to relocate and/or retrain Employees so affected. If any Employee is to have his employment terminated because of technological changes or because of a partial or complete plant closure, the Employer shall pay severance pay to each Employee whose employment has been terminated and who has been employed by the Employer for two (2) or more years.

16.04. Such severance pay shall be in an amount equal to the Employee’s regular wages for a regular non-overtime work week multiplied by one and one-half (1 ½) times the number of the Employee’s completed months of employment divided by twelve (12), but shall not exceed thirty-nine (39) weeks regular wages for a regular non-overtime work week.

16.05. An Employee entitled to severance pay may elect to be paid the severance pay forthwith or may elect to maintain the right to be recalled. Where the Employee elects to be paid the severance pay forthwith, the Employee shall be deemed to have abandoned the right to be recalled and will be terminating his employment relationship with the Employer.

16.06. Severance pay shall not be payable to an Employee who: a) refuses an offer by the Employer of reasonable alternative employment with the Employer;

b) refuses to exercise his seniority rights to obtain reasonable alternative employment;

c) has been guilty of willful misconduct or disobedience or willful neglect of duty that has not been

condoned by the Employer;

d) upon having his employment terminated, retires and receives an actuarially unreduced pension benefit.

16.07. Any amount paid by virtue of this adjustment plan reduces any amount of severance pay or termination

pay otherwise payable under existing or subsequently enacted legislation.

17.00. DURATION



17.01. This Agreement shall be in effect as of October 1, 2019, through September 30, 2024, and shall be renewed automatically for annual periods of one (1) year each, unless either party notifies the other in writing during the period of ninety (90) days prior to the expiration date that it desires to amend or terminate the Agreement.

17.02. Negotiations will begin fifteen (15) days following notification for amendment as provided in the preceding Section or upon mutual Agreement between the Parties.

17.03. If, pursuant to such negotiations, a settlement is not reached on the renewal or amendment of this Agreement, nor a new Agreement made prior to the current expiration date, this Agreement shall continue in full force and effect until a new Agreement is signed between the Parties or until the conciliation proceedings prescribed at law have been completed, whichever date should first occur.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed in the city of Brampton (Ontario) on March 9, 2020;



SCHEDULE “A” – HOURLY WAGE RATES

CLASSIFICATIONS LEARNER PERIOD (Worked Hours)

2019-09-30 2019-10-01 2020-10-01 2021-10-01 2022-10-01 2023-10-01 2024-09-30

Rate Increase Rate COLA Increase Rate COLA Increase Rate COLA Increase Rate COLA Increase Rate COLA Rate

Filling Plant Operator

LP1: Less than 520 $29.18 $0.30 $29.48 $0.23 $0.50 $0.35 $0.50 $0.50

LP2: Less than 1,040 $29.66 $0.30 $29.96 $0.23 $0.50 $0.35 $0.50 $0.50

LP3: Less than 1,560 $29.66 $0.30 $29.96 $0.23 $0.50 $0.35 $0.50 $0.50

LP4: Less than 2,080 $29.90 $0.30 $30.20 $0.23 $0.50 $0.35 $0.50 $0.50

LP5: More than 2,080 $29.90 $0.30 $30.20 $0.23 $0.50 $0.35 $0.50 $0.50

Pick-Up & Delivery Driver / Shipper-Receiver

LP1: Less than 520 $29.42 $0.30 $29.72 $0.23 $0.50 $0.35 $0.50 $0.50

LP2: Less than 1,040 $29.90 $0.30 $30.20 $0.23 $0.50 $0.35 $0.50 $0.50

LP3: Less than 1,560 $29.90 $0.30 $30.20 $0.23 $0.50 $0.35 $0.50 $0.50

LP4: Less than 2,080 $29.90 $0.30 $30.20 $0.23 $0.50 $0.35 $0.50 $0.50

LP5: More than 2,080 $29.90 $0.30 $30.20 $0.23 $0.50 $0.35 $0.50 $0.50

Plant Shipper

LP1: Less than 520 $29.42 $0.30 $29.72 $0.23 $0.50 $0.35 $0.50 $0.50

LP2: Less than 1,040 $29.42 $0.30 $29.72 $0.23 $0.50 $0.35 $0.50 $0.50

LP3: Less than 1,560 $29.42 $0.30 $29.72 $0.23 $0.50 $0.35 $0.50 $0.50

LP4: Less than 2,080 $29.42 $0.30 $29.72 $0.23 $0.50 $0.35 $0.50 $0.50

LP5: More than 2,080 $29.42 $0.30 $29.72 $0.23 $0.50 $0.35 $0.50 $0.50

Shipper-Receiver

LP1: Less than 520 $29.42 $0.30 $29.72 $0.23 $0.50 $0.35 $0.50 $0.50

LP2: Less than 1,040 $29.42 $0.30 $29.72 $0.23 $0.50 $0.35 $0.50 $0.50

LP3: Less than 1,560 $29.42 $0.30 $29.72 $0.23 $0.50 $0.35 $0.50 $0.50

LP4: Less than 2,080 $29.42 $0.30 $29.72 $0.23 $0.50 $0.35 $0.50 $0.50

LP5: More than 2,080 $29.42 $0.30 $29.72 $0.23 $0.50 $0.35 $0.50 $0.50



Speciality Gas Operator

LP1: Less than 520 $29.42 $0.30 $29.72 $0.23 $0.50 $0.35 $0.50 $0.50

LP2: Less than 1,040 $30.14 $0.30 $30.44 $0.23 $0.50 $0.35 $0.50 $0.50

LP3: Less than 1,560 $30.14 $0.30 $30.44 $0.23 $0.50 $0.35 $0.50 $0.50

LP4: Less than 2,080 $30.14 $0.30 $30.44 $0.23 $0.50 $0.35 $0.50 $0.50

LP5: More than 2,080 $30.14 $0.30 $30.44 $0.23 $0.50 $0.35 $0.50 $0.50

Customer Installation Technician

LP1: Less than 520 $30.38 $0.30 $30.68 $0.23 $0.50 $0.35 $0.50 $0.50

LP2: Less than 1,040 $30.38 $0.30 $30.68 $0.23 $0.50 $0.35 $0.50 $0.50

LP3: Less than 1,560 $30.86 $0.30 $31.16 $0.23 $0.50 $0.35 $0.50 $0.50

LP4: Less than 2,080 $30.86 $0.30 $31.16 $0.23 $0.50 $0.35 $0.50 $0.50

LP5: More than 2,080 $31.34 $0.30 $31.64 $0.23 $0.50 $0.35 $0.50 $0.50

Maintenance Mechanic

LP1: Less than 520 $30.62 $0.30 $30.92 $0.23 $0.50 $0.35 $0.50 $0.50

LP2: Less than 1,040 $30.62 $0.30 $30.92 $0.23 $0.50 $0.35 $0.50 $0.50

LP3: Less than 1,560 $31.10 $0.30 $31.40 $0.23 $0.50 $0.35 $0.50 $0.50

LP4: Less than 2,080 $31.10 $0.30 $31.40 $0.23 $0.50 $0.35 $0.50 $0.50

LP5: More than 2,080 $31.58 $0.30 $31.88 $0.23 $0.50 $0.35 $0.50 $0.50

Customer Installation

Journeyman

LP1: Less than 520 $33.98 $0.30 $34.28 $0.23 $0.50 $0.35 $0.50 $0.50

LP2: Less than 1,040 $33.98 $0.30 $34.28 $0.23 $0.50 $0.35 $0.50 $0.50

LP3: Less than 1,560 $34.46 $0.30 $34.76 $0.23 $0.50 $0.35 $0.50 $0.50

LP4: Less than 2,080 $34.46 $0.30 $34.76 $0.23 $0.50 $0.35 $0.50 $0.50

LP5: More than 2,080 $34.94 $0.30 $35.24 $0.23 $0.50 $0.35 $0.50 $0.50



LETTER OF UNDERSTANDING #1 – COST OF LIVING ALLOWANCE PROGRAM 1) In this Letter of Understand #1, the term:

a) “COLA” shall mean Cost of Living Allowance.

b) “COLA Year” shall mean a one-(1)-year period starting on October 1st and ending on September 30st of the

following calendar year.

c) “Reference Period” shall mean either following periods:

i) January, February, March, and April; ii) May, June, July, and August; iii) September, October, November, and December.

d) “CPI” shall mean the National Consumer Price Index, based on the value 1971 = 100, All Items, published monthly

by Statistics Canada. The operation of this Article will not be altered by changes in the assumptions used to determine the Index.

e) “Date of Revision” shall mean the first (1st) working day of the second (2nd) month of each Reference Period. Therefore, the months of February, June and October are dates of revision.

2) The COLA will be established in in the month of October of the first (1st) year of the Agreement and shall be revised afterwards on the date of revision.

3) The COLA payable for the months of October, November, December, and January will be established as follows:

a) The sum of the CPI for the months of January, February, March, and April, is divided by four (4) to give an average

CPI for the Reference Period.

b) The sum of the CPI for the months of May, June, July, and August, is divided by four (4) to give an average CPI for the Reference Period.

c) The average obtained in paragraph 3) a) is subtracted from the average obtained in paragraph 3) b).

d) The resulting remainder obtained in paragraph 3) c) is multiplied by five dollars ($5.00) to obtain the COLA payable for each months of October, November, December, and January.

4) Thereafter, the COLA will be revised at each Date of Revision by multiplying by five dollars ($5.00) the difference in points between the average of the CPI for the Reference Period that has just ended and the immediately preceding one, using the same procedure as described in Section 3). The result is added to the COLA of the preceding period of the same calendar year.

5) All payments calculated in Sections 3) and 4) will be withheld until the last day of each COLA Year, and will then be adjusted to be paid out through twenty-six (26) equal installments in the following COLA Year.



6) The COLA is payable to all Employees. Newly-hired Employees will receive the full monthly COLA if they are entitled to a pay cheque on the last regular pay date of the month.

7) The accumulated COLA will be folded-in to the wage rates at the end of each COLA Year. The accumulated monthly COLA being paid in the month in which the "fold-in" occurs will be divided by one hundred seventy-three and three tenth (173.3), and the resulting amount, to the nearest cent, will be added to all the classifications in the wage rate schedule.

8) On September 30, 2024, after the COLA has been “folded-in”, the COLA Program will be abolished.



LETTER OF UNDERSTANDING #2 – PENSION

1) The Pension Plan “H” as originally adopted on January 1, 1975, amended and restated on January 1, 1988, and latterly on January 1, 2001, as subsequently amended on June 22, 2007, on January 1, 2008, on August 1, 2015, on January 1, 2017, and on January 1, 2018 (hereinafter the “Pension Plan”), for the Employees of the Employer who are members of the Union shall remain in force and effect during the life of the Agreement.

2) This Letter of Understanding shall not replace or modify in any way the official Pension Plan text that shall remain the governing rule in all cases.

3) Employees who are members of the Pension Plan (hereinafter the “Members”) contribute three and one-half percent (3.5%) of their base earnings. Permanent Employees automatically become Members on the first (1st) day of the month following three (3) months of employment. All new Employees will automatically participate in the pension account option. The Employer’s contributions to the pension account option are:

AGE EMPLOYER’S CONTRIBUTIONS Less than forty (40) three and one-half percent (3.5%) Less than forty-five (45) four percent (4%) Less than fifty (50) four and one-half percent (4.5%) Fifty (50) and more five percent (5%)

4) For contributory service on or after January 1, 1988, the annual amount of retirement income will be equal to the sum

of a) plus b), multiplied by c);

a) One and fifteen hundredth percent (1.15%) of the lesser of the Member’s final average earnings (three (3) years) and the Member’s final average year’s maximum pensionable earnings (three (3) years);

b) One and eighty-five hundredth percent (1.85%) of the excess, if any, of the Member’s final average earnings (three (3) years) over the Member’s final average year’s maximum pensionable earnings (three (3) years);

c) The Member’s years of contributory service to the Pension Plan.

5) For credited service from January 1, 1975 through December 31, 1987, the annual amount of retirement income will be equal to fifty-seven dollars and thirty-one cents ($57.31) per month, or six hundred eighty-seven dollars and seventy cents ($687.70) per year of credited service as of September 30, 2019. For Members who are active Members in any year, such amount will be increased in each year of this Agreement by the same percentage as the percentage change in the annual average wage of Employees.

6) For contributory service prior to January 1, 1975, the annual amount of retirement income is equal to two thirds (⅔) of the benefits available for service after January 1, 1988, i.e. the sum of a) plus b), multiplied by c); a) Seventy-seven hundredth percent (0.77%) of the lesser of the Member’s final average earnings (three (3) years)

and the Members’ final average year’s maximum pensionable earnings (three (3) years);

b) One and twenty-four hundredth percent (1.24%) of the excess, if any, of the Member’s final average earnings (three (3) years) and the Members’ final average year’s maximum pensionable earnings (three (3) years);



c) The Member’s years of contributory service.

7) Ancillary benefits such as early retirement reduction factors, bridge benefits, death benefits, termination benefits and

disability benefits will be based on the provisions of the Employer pension plan “A” for all years of contributory service and credited service between January 1, 1975, and December 31, 1987, with the exception that any matching Employer contributions payable on death or termination will be based on years of contributory service.

8) It is the responsibility of the Employer to maintain the plan in sound financial position in accordance with appropriate pension legislation. Financial statements and actuarial reports will be prepared separately for this group according to the plan.

9) Should the Employer make an Employer-wide adjustment to existing pensioners, a similar adjustment will be made to pension of Employees who have retired from this bargaining unit.

10) A Member who retires early between the age of fifty-five (55) and sixty-four (64) will maintain coverage under the group life insurance plan, the dental plan, the prescription drug plan and the Ontario Health Insurance plan at no cost to the member up to age sixty-five (65). When an Employee reaches age sixty-five (65), the amount of life insurance is reduced to ten thousand dollars ($10,000).

11) A Member who retires on an early retirement date after attainment of age of fifty-eight (58) will receive, in addition the Member’s basic pension, a monthly bridge benefit equal to the Member’s years of credited service, to a maximum of thirty (30) years, multiplied by fifteen dollars ($15.00).



LETTER OF UNDERSTANDING #3 – FORMER WESTON ROAD EMPLOYEES’ SERVICE DATE 1.00. Mr. Paul Sullivan (hereinafter the “Employee”) was formerly employed at the Employer’s “Weston Road” facility

and subsequently transferred to the “Brampton” facility as a result of the closure of the “Weston Road” facility. At the time, the Employee was considered to be a newly hired at the “Brampton” facility and his service date was deemed to be February 26, 1999 (hereinafter the “Service Date”). The Employee’s seniority date is August 16, 1998.

2.00. The Service Date shall be used for all other intents and purposes, including all seniority provisions. However, in case of layoff and recall and for the purpose of determining his entitlement for vacation, holidays, and group benefits, the Employee’s former Weston Road hire date of August 16, 1998, will be used. The Employee’s credited years of service in the pension plan shall be unaffected.



LETTER OF UNDERSTANDING #4 – USE OF AGENCY PERSONNEL 1.00. In order to meet operational requirements when an Employee is absent for illness, vacation, workers

compensation leaves, pregnancy and parental leave, personal leaves of absence including Union leaves or unforeseen short term extenuating circumstances the Employer may utilize agency personnel as follows: 1.01. An agency worker can only be used for the time required for the replacement of a bargaining unit

Employee or unforeseen short term extenuating circumstance as stated above. If the Employer hired that agency worker on a permanent basis this person will start his probation period as stated in Section 9.02.

1.02. Bargaining unit Employees will be given the opportunity, based on skill and ability, to work overtime before a temporary agency worker is utilized for overtime.

1.03. Should the Employer not get enough volunteers from the bargaining unit Employees to work overtime, the Employer may schedule temporary agency workers to perform the overtime required.

1.04. No temporary agency worker shall work if there is a bargaining unit Employee on lay off, except if required during the five (5) day recall notice period.

1.05. A list will be maintained for temporary agency workers and given to the Unit Chairperson upon request. This list will contain the name and start date of the agency Employees.

1.06. The Employer will pay to the Union the equivalent of the Union dues based on the classification rate they are working in.

1.07. Except for the provisions of this Letter of Understanding, the terms of the Agreement do not apply to temporary agency workers who shall not be Employees of the Employer in the bargaining unit.



LETTER OF UNDERSTANDING #5 – FORMER GROUP BENEFITS PROGRAM 1.00 This Letter of Understanding shall only apply to Employees hired before December 5, 2019. Whenever used

herein, the term “Employee” shall mean an Employee hired before December 5, 2019.

2.00 Notwithstanding Article 15.00 of the Agreement, Employees may elect to be covered by the group benefits plan detailed (hereinafter the “Former Plan”), effective October 1, 2019, through January 18, 2020. Whenever used herein, the term “Waiting Period” shall mean the period from the date of employment up to and including the last day of the same month. Those who are employed on the first (1st) day of any month are deemed to have completed the waiting period by that date. 2.01. The Employer agrees to pay the full premiums for the life of this Agreement for the Ontario Health

Insurance Plan with respect to participating Employees who have completed their Waiting Period and while such Employees remain in the active employ of the Employer. The Union agrees that, for the duration of the Agreement, this Section is not applicable to the Ontario Health Premium.

2.02. The Employer agrees to pay, for the life of this Agreement, the full premiums towards the Prescription Drug Plan on the basis of a deductible of five dollars ($5.00) per year for single coverage and family coverage, with respect to participating Employees who have completed their Waiting Period and while such Employees remain in the active employ of the Employer. An Employee who receives treatment at a hospital as an outpatient and is subsequently unable to return to work on that day due to the seriousness of the illness or injury, will be considered as being hospitalized for purposes of determining entitlement to weekly indemnity benefits.

2.03. The Employer will agree to pay eighty-five percent (85%) of the premiums and the Employees will agree to pay fifteen percent (15%) of such premiums through payroll deductions towards the Dental Plan (no deductible or co-insurance with periodontal and endodontal benefits added) and will be based on the current ODA schedule of fees, with respect to participating Employees who have completed their Waiting Period and while such Employees remain in the active employ of the Employer.

2.04. The Employer agrees to pay the full premium towards a Vision Care Plan for Employees and their eligible dependents, which provides a benefit of two hundred dollars ($200.00) every twenty-four (24) months, not subject to any deductible or shared risk factor. The Employer agrees to pay the premiums towards a maximum of one (1) eye examination for Employees and their dependents every twenty-four (24) months when performed by an optometrist.

2.05. The Employer agrees to continue, for Employees in the active employ of the Employer, the current group Life insurance, in the amount equal to the Employee basic annual applicable wage rate as per Schedule “A” (minimum of forty-six thousand dollars ($46,000) with accidental death and dismemberment insurance at no cost to the Employee in accordance with the terms of the insurance policy.

2.06. The Employer agrees to pay the full cost of the Weekly Indemnity program providing payment of a benefit equal to sixty percent (60%) of an Employee’s base weekly earnings (minimum five hundred dollars ($500.00) per week) up to a maximum of fifty-two (52) weeks from the first (1st) day of hospitalization resulting from a non-occupational accident or sickness, or from the eight day of sickness, for Employees



who have completed the Waiting Period, and while such Employees remain in the active employ of the Employer.

2.07. Services of a licensed chiropractors up to a maximum of two hundred dollars ($200.00) per person per benefit year are reimbursed. Services of a licensed physiotherapist, who is not a close relative, up to a maximum of one hundred dollars ($100.00) per person per benefit year are reimbursed.

3.00 On January 19, 2020, all Employees hired before December 5, 2019, will stop being covered by the Former Plan and will be covered by the group benefits plan stated at Article 15.00 of the Agreement (herein the “Flex Plan”).

4.00 As of January 19, 2020, the Employer will subsidize one hundred percent (100%) of the Employees Flex Plan option “B” premium up to but excluding the last day of the Agreement, September 30, 2024. An Employee may choose to increase their benefits coverage to option “C” but shall be responsible for paying the difference between options “B” and “C” through payroll deductions.

5.00 An Employee retiring before September 30, 2024, shall have the option to choose between the Former Plan for retirees and the Flex Plan for retirees. An Employee who elected to be covered by the Flex Plan for retirees is not allowed to revert back to the Former Plan for retirees at any point in time.

6.00 The Employer shall cease subsidizing Employees who do not retire before September 30, 2024. If they retire after this date, they shall remain on the Flex Plan for retirees.

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