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2001 -2004 COLLECTIVE AGREEMENT

DELHI INDUSTRIES INC. and

OFFICE OF

MAR 0 1 2002

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS

UNION OF CANADA, (CAW-CANADA) AND ITS LOCAL 1859

COLLECTIVE BARGAININ( INFORMATION

AlE No. 3 I S .-- o ~ 2

CERT. FILE

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CODING CDNTfiOL DATE! CODER

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STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

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• 2001 -2004

COLLECTIVE AGREEMENT

BETWEEN

DELHI INDUSTRIES INC.

-and-

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA,

(CAW·CANADA) AND ITS LOCAL 1859

INDEX

ARTICLE PAGE

1 Intent & Purpose 2 RecognWon 3 Management's Rights 4 Union Security & Check-off 5 Representation 6 Strikes, Stoppages & Lockouts 7 Grievance Procedure 8 Data to be Supplied to Union 9 Seniority 10 Temporary Transfers 11 Leave of Absence 12 Hours of Work and Overtime 13 Reporting Pay 14 Bulletin Board 15 Bereavement Leave & Jury Duty 16 Paid Holidays 17 Vacations with Pay 18 Benefits 19 Wages 20 Occupational Health and Safety 21 General 22. Duration

3 3 4 6 8 10 10 17 17 23 25 28 30 31 31 34 36 37 42 42 46 48

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

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INDEX

Cont'd.

Schedule "A" - Wage Rates Effective August 31, 2001

Schedule "B"- Wage Rates Effective August 31, 2002

Schedule "C" - Wage Rates Effective August 31, 2003

Schedule "D" - Job Titles, Grades & Functions

Schedule "E"- Cost of Living Allowance

Letters of Understanding:

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50

51

52

53

56

Re: Excessive Heat 57 Re: Workers' Compensation 58 Re: Union Office 59 Re: Contracting Out 60 Re: Substance Abuse 61 Re: Sexual Harassment 63 Re: Labour-Management Meetings 65 Re: Termination and Severance · 67 Re: Wheel Room 68 Re: "Weekly Indemnity" and "Long-Term Disability" Claims 69


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THIS COLLECTIVE AGREEMENT ENTERED INTO AS OF THE 31ST DAY OF AUGUST, 2001.

BETWEEN:

-and-


(hereinafter referred to as the "Employer")

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA, (CAW-CANADA) AND ITS LOCAL 1859

(hereinafter referred to as the "Union")

ARTICLE 1 -INTENT AND PURPOSE

1.01 The general purpose of this Agreement is in the mutual interests of the

Employer, the Union and the employees, and is to provide for economy of operation,

quality and quantity of output and to establish and maintain a satisfactory procedure to

cover the settlement of differences arising out of this contract, and to set forth those

working conditions which have been negotiated.

ARTICLE 2 - RECOGNITION

2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the

I 11th day of February, 1987, the Employer recognizes the Union as the exclusive

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bargaining agent for all of its employees at its Delhi Industries Division in Delhi, save

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and except foremen, persons above the rank of foreman, office and sales staff, security

guards, students employed on a cooperative training program with a school, college or

university, and students employed during the school vacation period.

2.02 The word "employee" or "employees" wherever used in this Agreement

shall mean any or all of the employees in the bargaining unit as defined above, unless

the context otherwise provides.

2.03 . Supervisors and other employees of the Employer outside the bargaining

unit will not normally perform bargaining unit work except in the following

circumstances:

(a) in the case of emergency;

(b) for the purpose of training or instruction;

(c) for the purpose of experimental work and/or introduction of new or

modified systems;

(d) if a quali'fied employee is not readily available.

ARTICLE 3 - MANAGEMENT'S RIGHTS

3.01 Except as, and. to the extent specifically modified by this Agreement, all

rights and prerogatives of Management are retained by the Employer and remain

exclusively within the rights of the Employer and its Management. Without limiting the

generality of the foregoing, the Employer's rights include:

(a) to maintain order, discipline and efficiency; to make, alter and enforce

reasonable rules and regulations, policies and practices, to be obeyed

by its employees; to discipline and discharge employees for just cause;


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(b) to select, hire and control the working force and employees; to transfer,

assign, promote (subject to the express terms of this Collective

Agreement), demote (subject to the express terms of this Collective

Agreement), classify (subject to the express terms of this Collective

Agreement), layoff, recall, suspend and retire employees; to plan, direct

and control operations; to select and appoint lead hands and to

continue or discontinue the use of lead hands; to select and retain

employees for positions excluded from the bargaining unit;

(c) to operate and manage the enterprise in order to satisfy its

commitments and responsibilities, the right to determine the location of

operations and their expansion or curtailment, the direction of the

working forces, the scheduling of operations and production, the

manufacture of or the contracting for goods, materials and services, the

number of shifts, the methods, processes and means of production, job

content, quality and quantity standards, the right to use improved

methods, machinery and equipment, the right to decide on the number

of employees needed by the Employer at any time, the number of hours

to be worked, starting and quitting times (subject to the express terms

of this Collective Agreement); and, generally, the right to manage the

enterprise and its business without interference are solely and

exclusively the right of the Employer; and

(d) the sole and exclusive jurisdiction over all operations, buildings,

machinery, equipment and employees shall be vested in the Employer.


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ARTICLE 4 .. UNION SECURITY & CHECK-OFF

4.01 The Employer agrees to deduct weekly, in the first four (4) pay periods of

each month, from the earnings of each employee who has completed his probationary

period regular Union dues and to remit the total so deducted with a list of the total

number of seniority employees together with all sums deducted to the Financial

Secretary ofthe Local by the 'fifteenth (15th) of the month in which the deductions are

made. The Employer agrees to deduct an initiation fee, from all employees hired after

the date of this Agreement, in the first pay after such employee attains seniority

pursuant to either Article 9.01 or 9.05.

4.02 In order that the Employer may have definite instructions as to what

amount is to be deducted for Union dues, it is agreed that the Union will promptly notify

the Employer, in writing, over the signature of its designated officer, the amount of the

deduction to be made by the Employer for regular Union dues, and the Employer shall

have the right to continue to rely on such written notification until it receives other written

notification from the Union signed with the same formality.

4.03 The Employer agrees to include on an employee's T -4 slip for income tax

purposes, the total Union dues paid for the year excluding any initiation fees.

4.04 The Union agrees to hold the Employer harmless against all claims,

demands, and expenses should any person at any time, contend or claim that the

Employer has acted wrongfully or illegally in making such deductions.

4.05 The Employer agrees to supply the Local Union financial secretary with

the following monthly information:

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1) A list of all members in the bargaining unit regardless of whether or not

they paid dues in the month.

2) Each member's mailing address, including postal codes.

3) The employee's clock and SIN number.

4) The member's hourly rate.

5) Each member's status (i.e. at work, on vacation, weekly sick benefits,

L.T.D., W.C.B., retired in the month, or any other leave of absence).

6) The number of hours worked in the month. {This, together with the

information in the other items above, give the financial secretary the

necessary information to make a determination as to whether or not all

dues have been properly collected.)

It is understood that the above information will be used solely for internal

Union administrative purposes or statutorily-required disclosure.

4.06 The Employer agrees to acquaint new employees with the fact that a

Collective Agreement is in effect and with the conditions of employment set out in the

articles dealing with Union Security and Dues Checkoff. A new employee shall be

advised of the name and location of his/her Union representative. Whenever the Union

representative is employed in the same work area as the new employee, the

employee's immediate supervisor will introduce him/her to his/her Union representative

who will provide the employee with a copy of the Collective Agreement. The Employer

agrees that a Union representative will be given an opportunity to interview each new

employee within regular working hours, without loss of pay, for fifteen {15) minutes

sometime during the first thirty {30) days of employment, for the purpose of acquainting

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the new employee with the benefits and duties of Union membership and the

employee's responsibilities and obligations to the Employer and the Union.

ARTICLE 5 - REPRESENTATION

5.01 The Employer agrees to recognize a Plant Committee consisting of three

(3) employees, one (1) of which will be recognized as the Plant Chairperson. The

Employer shall recognize a Union Designated Steward at Argyle Street. This shall not

increase the size of the Plant Committee. Such Committee persons shall be active

employees of the Employer having a minimum of one (1) year of seniority. There will

only be one (1) Committee person from any one Zone per shift. There shall be a

maximum of one (1) Specialist Maintenance on the Committee at any given time. An

elected Committee person does not necessarily have to work in the designated Zone

that he will be representing. The Union may appoint, subject to the above criteria, an

alternate Committee person for each Committee person who will serve only when the

regular Committee person for the Zone is out of the plant or on an off~shift when

circumstances giving rise to the need of a Committee person arise. The Union will

inform the Employer, in writing, of the identity of the Union representatives and the

Employer shall not be obliged to recognize such persons until it has been so informed.

In addition and subject to the conditions as foregoing, the Union shall advise the

Employer of all other Union officials.

The Employer recognizes the role of the Union WCB/WSIB

Representative who will replace a Union Committee person only during meetings and

discussions with the Workplace Safety and Insurance Board with respect to worker re~


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entry procedures and other matters relating to problems with Workplace Safety and

Insurance Board claims.

The Zones referred to above shall be the following:

(i) Zone 1 : Press Rooms

Wheel Rooms

Material Handler

OEM Spot Welders

(ii) Zone 2: Housing Welding

Cabinet Welding

Stockroom

Maintenance

(iii) Zone 3: OEM Assembly (except Spot Welders)

Distributor Assembly

Shipping/Receiving and Warehousing.

5.02 The Union agrees that no Union member or representative will conduct

any Union activities on the premises of the Employer without the expressed permission

of the supervisor, such permission will not be unreasonably withheld. No Union official

shall have access to the premises of the Employer without the expressed consent of the

Manager of Operations, or his designate; such permission will not be unreasonably

withheld. Only employee members of the Plant Committee, as referred to above, shall

participate in negotiations to renew this Collective Agreement.

5.03 For the purposes of this Agreement, the Plant Committee persons

together with the officers of the Union shall be deemed to be officials of the Union. The

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parties hereto agree that the Union officials occupy positions of leadership and

responsibility to see that this Agreement is faithfully carried out.

ARTICLE 6 - STRIKES, STOPPAGES & LOCKOUTS

6.01 The Union agrees that while this Agreement is in operation, neither the

Union nor any employee shall take part in or call or encourage any strike or picketing,

including a cessation of work, a refusal to work or to continue to work in combination or

in concert or in accordance with a common understanding, or a slowdown or any other

concerted activity on the part of the employees designed to restrict or limit output. The

Union undertakes and agrees to exercise all efforts to encourage any employees taking

part in the foregoing activities to immediately cease and desist such activities. The

Employer agrees that it will not engage in any lockout, as defined by the Ontario Labour

Relations Act, during the term of this Agreement.

ARTICLE 7 .. GRIEVANCE PROCEDURE

7.01 The grievance procedures herein provided for are among the most

important matters in the successful administration of this Agreement. The Employer and

the Union therefore agree that the designated grievance procedure, as hereinafter set

forth, shall serve as and constitute the sole and exclusive means to be utilized by the

griever for the prompt disposition, decision and final settlement of a grievance arising in

respect of the interpretation, application, administration, or alleged violation of this

Agreement, and the specifically designated grievance procedure shall be strictly

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followed. Wherever the term "grievance procedure" is used in this Agreement, it shall be

considered as including the arbitration procedure.

7.02 "Grievance" shall mean a complaint or claim concerning improper

discipline or discharge, or a dispute with reference to the interpretation, application,

administration or alleged violation of this Agreement.

7.03 The Employer shall be under no obligation to consider or process any

grievance unless such grievance has been presented to the Employer in writing at Step

1 of the grievance procedure within seven (7) working days from the time the

circumstances upon which the grievance is based were known or should have been

known by the grievor. However, if the Employer does consider or process a grievance

which has been presented late, the Employer shall not be estopped or precluded at any

stage from taking the position that the grievance is late and not arbitrable.

7.04 All time Umits referred to in the grievance procedure herein contained shall

be deemed to mean "work days".

7.05 No employee shall have a grievance until he has first taken up the alleged

violation orally with the employee's immediate supervisor, accompanied by a Union

representative if he so desires. If the employee's supervisor does not promptly settle the

matter to the employee's satisfaction, an employee's proper grievance may be

processed as follows.

STEP N0.1

If an employee has a grievance, the grievance shall, within seven (7) days

as referred to in Article 7.03 hereof, be reduced to writing and presented to the Plant

Manager, or his designate. The Plant Manager, or his designate, shall give the grievor a 1


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written reply as soon as possible, but not later than five (5) days after such decision. If

such reply is not satisfactory to the griever, the next step must be taken within three (3)

days of the Plant Manager, or his designate's answer, but not thereafter.

The grievance referred to above shall identify:

(a) the facts giving rise to the grievance;

(b) the relief requested; and

shall be signed by the employee.

STEP NO.2

At this step, the written grievance shall be presented to the Operations

Manager, or his designate, within the aforesaid three (3) days of receipt of the Plant

Manager, or his designate's reply, but not thereafter. A meeting will be held between the

Committee person together with the griever involved and Operations Manager, or his

. designate, and other representatives of the Employer who may be deemed necessary,

within three (3) days of the presentation of the written grievance to the Operations

Manager, or his designate: The Operations Manager, or his designate, shall give his

written reply to the Committee person within five {5) days of such meeting.

If the Operations Manager, or his designate's reply is not satisfactory to

the griever, the next step must be taken within ten (1 0) days after the delivery of the

Operations Manager, or his designate's reply to the Committee person, but not

thereafter.

STEP NO.3

In the event the grievance is not settled at Step 2, the party having

carriage of the grievance shall request arbitration of the grievance by giving notice in


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writing to the other party within ten (1 0) working days from the delivery of the decision at

Step 2 to the Committee person, but not thereafter.

If the request for arbitration is not so given, within such ten (1 0) working

day period, the decision at Step 2 shall be final and binding upon both parties to this

Agreement, and upon any employee involved.

7.06 Arbitration

Where a difference arises as to the interpretation, application or

administration of this Agreement, including any question as to whether a matter is

arbitrable, or where an allegation is made that this Agreement has been violated, either

of the parties may, after exhausting the grievance procedure, notify the other party in

writing of its desire to submit the grievance to arbitration.

7.07 A grievance appealed to arbitration will be presented to the arbitrators

hereinafter set out who will act in rotation in order that their names appear. Only

grievances relating to the same violation or alleged violation of this Agreement may be

grouped for such arbitration hearing before the appropriate arbitrator. Submission of

grievances to the arbitrators will be determined in this order: by the date of the

Employer's reply to the grievance at Step 2 of the grievance procedure or, where more

than one grievance has been answered on the same date, by the date the grievance

was filed .

7.08 The following constitutes the list and rotation of the arbitrators:

I.A. Hunter

H.D. Brown

E.E. Palmer


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W.B. Rayner.

7.09 If, in the regular rotation, an arbitrator is unable to specify a date for the

arbitration hearing, the parties may agree to request another arbitrator in rotation to

provide such a date.

In the event that none of the arbitrators listed in Article 7.08 can hear the

matter within a mutually agreed period from the date of the request for a hearing date,

the parties agree that the party having carriage of the grievance may request the Office

of Arbitration of the Ministry of Labour to appoint an arbitrator.

7.10 The arbitrator shall not have the jurisdiction or authority to alter or modify

any of the provisions of this Agreement or substitute any new provisions in lieu thereof,

or to give any decision inconsistent with the terms and provisions of the Agreement.

7.11 The decision of the arbitrator shall be final and binding upon the parties

and any employee affected by it.

7.12 Each party shall bear an equal share of the fees and expenses of the

arbitrator.

7.13 Representative(s) of the National Union may be present at any meeting

with Management at either party's request.

7.14 Any grievance not carried to the next step within the time limits prescribed

herein, or within such extensions as may have been agreed to in writing, shall

automatically be settled on the basis of the last decision given by the Employer. The

Union may withdraw, without precedent or prejudice to any case, a grievance which has

been referred to any step of the grievance procedure, and the Employer may settle,


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without precedent or prejudice to any other case, a grievance which has been referred

to any step of the grievance procedure.

7.15 Where it is determined by an arbitrator that a seniority employee has been

suspended or discharged without just cause:

(i) the arbitrator may reinstate the employee with payment for such time

lost due to the discharge or suspension, less any amounts of money

received by the employee during such period; or

(ii) the arbitrator may substitute such other penalty for the discharge or

suspension which to the arbitrator seems just and reasonable in all the

circumstances.

7.16 Union Policy Grievance or Employer Grievance

A Union policy grievance or Employer grievance may be submitted to the

Employer or the Union, as the case may be, in writing, within ten (1 0) days from the

time the circumstances upon which the grievance is based were known or should have

been known by the grievor. A meeting between the Employer and the Union shall be

held within five (5) days of the presentation of the written grievance and shall take place

within the framework of Step 2 of Article 7.05 hereof. The Employer or the Union, as the

case may be, shall give its written decision within five (5) days after such meeting has

been held.

If the decision is l,msatisfactory to the grieving party, the grievance may be

submitted to arbitration within ten (1 0) days of the delivery of such written decision and

the arbitration sections of this Agreement shall be followed. If the Employer is not


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advised of the Union's intention to proceed to arbitration within five (5) days, the

Employer shall not be liable for any damages during the foregoing ten (10) day period.

The provisions of this paragraph 7.16 shall not be used by the Union to

institute a grievance directly affecting an employee or employees which such employee

or employees could themselves institute, and the provisions of Article 7.05 hereof shall

not thereby be bypassed.

7.17 Discharge Cases

A claim by a seniority employee that he has been unjustly discharged shall

be treated as a grievance and shall commence at Step 2 of Article 7.05 provided a

written grievance signed by the employee and his Committee person is presented to the

designated official of the Employer within three (3) days after the discharge. The

discharged seniority employee would have the right to confer with a Committee person

before leaving the plant provided a Committee person is available in the plant at the

time of discharge, except if, in the opinion of the Employer, the discharged employee is

threatening, belligerent, abusive or disorderly.

7.18 Discipline will be removed from an employee's record after:

(1) Warnings-- twelve (12) months from imposition;

(2) Suspensions-- eighteen (18) months from imposition.

An employee who is receiving discipline or discharge (including interview)

must be advised that he has the right to:

(a) have a Union Committee person present;

(b) use of a private area;


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(c) receive discipline in writing at the time of such discipline with a copy to

the Local Union Chairperson.

ARTICLE 8- DATA TO BE SUPPLIED TO UNION

8.01 The Employer will supply the Union Chairperson, the Local Union office,

all Committee persons and alternates, with a seniority list of employees listing name,

seniority date, classification and address. These lists shall be updated and supplied on

January 15, April 15, July 15, October 15.

8.02 The Employer will post, every three (3) months, a seniority list of the

employees listing name, seniority date and classification.

ARTICLE 9- SENIORITY

9.01 An employee, other than a temporary employee as referred to in Article

9.05 herein, shall be considered a probationary employee until he has performed sixty

(60) days of work for the Employer during a period of six (6) consecutive months. During

such probationary period, he shall have no seniority rights. Upon completion of his

probationary period, the employee's seniority shall be dated from the date the employee

commenced his probationary period. It is understood and agreed that the termination of

a probationary employee may be the subject of a grievance under the grievance or

arbitration procedures, if not for just cause. It is recognized that a lesser standard of just

cause exists for a probationary employee.

9.02 An employee shall lose all seniority, service rights and his employment if:

(a) an employee voluntarily quits;


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(b) an employee is discharged and such discharge is not reversed through

the grievance procedure;

(c) the employee is absent from work without leave for three (3)

consecutive days unless there was reasonable justification for such

absence;

(d) for a period equal to the length of the employee's service at the time he

stopped work as a result of layoff, the employee does not perform any

work for the Employer;

(e) an employee fails to return to work immediately after the expiration of

any leave granted to him without a reasonable explanation;

(f) he retires or is retired;

(g) he fails to respond to recall within one (1) working day and present

.himself or herself within three (3) working days unless he has

reasonable grounds for failing to so respond. Notification of recall will

be by telephone followed by a registered letter to the employee's last

address registered with the Employer, in the event that the Employer is

unable to reach the employee by telephone.

9.03 As applied to individual employees, in inventory periods only, the

Employer may lay off an employee up to a total of four (4) working days in each

calendar year without regard to the seniority provisions of this Agreement. It is

understood that normally there will be only one inventory per calendar year. However,

there may occasionally be calendar years where an annual inventory is taken early in

January and the next inventory taken late in December of the same calendar year. As


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well, there may be extraordinary circumstances such as re-financing which would

require an additional inventory.

9.04 In cases of promotion {other than promotions to positions outside of the

bargaining unit) and in all cases of increase or decrease of the forces, the following

factors shall be considered:

(a) skill, ability, experience, knowledge, and physical fitness in relation to

the work in question;

(b) seniority.

It is understood that where the qualifications referred to in factor (a) above

are relatively equal, factor {b) will govern and the senior qualified employee will be

selected.

In the evaluation of factor (a), the Employer shall be the judge; provided,

however, that if an employee believes that a proper consideration of his skill, ability,

experience, knowledge or physical fitness has not been given, he or she may file a

grievance under the procedures of Article 7 claiming that the Employer acted in an

arbitrary manner.

The senior applicant shall have up to five (5) days' trial period to

demonstrate his qualifications as set out in factor (a) above.

It is further understood that the employee may decline the job any time

during the first five {5) days in the new position, and will be placed back in his former job

provided that:

(1) this right to return is restricted to the first successful application to the

position;

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(2) such employee may exercise this right to return only once in a twelve

(12) month period.

9.05 The Employer and the Union recognize that, having regard to the cyclical

nature of the Employer's business, it is necessary from time to time to hire temporary

employees. Accordingly, the Employer and the Union agree that such employees shall

not attain seniority pursuant to ArtiCle 9.01 of this Collective Agreement, unless such

employees are employed for a continuous and uninterrupted period of three (3) months.

Where such employees are employed for a continuous and uninterrupted period of

three (3) months or more, such employees shall be deemed to become seniority

employees.

None of the other provisions of this Collective Agreement shall apply to

such employees save that they shall be paid the classification job rate pursuant to

Appendix A of this Collective Agreement. It is further understood that such employees

shall not fill permanent job positions.

If such temporary employees are hired full-time within three (3)

consecutive months of the termination of their temporary employment, they shall be

deemed to be hired as a seniority employee.

It is further understood that, in the event of a layoff, while such temporary

employees are employed as temporary employees, they shall be laid off in advance of

any full-time seniority employees.


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J~--~~--------------~-9.06 Job Posting

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When a job becomes permanently vacant, the Employer will post it within

ten (1 0} working days, unless business levels do not justify the job being filled, in which

case the Employer will advise the Union within the same ten ( 10) working days.

The Employer agrees to post a notice of a permanent job vacancy on the

bulletin boards for a period of three (3} working days and any employee (excluding a

temporary employee as referred to in Article 9.05 herein} in the bargaining unit may

make application. In filling such vacancy, the Employer agrees to apply the provisions of

Article 9.04. It is understood and agreed that the first vacancy and the first two (2}

subsequent vacancies arising from the filling of the first vacancy will be posted and any

vacancies arising from the filling of these three (3} vacancies will be filled at the

· discretion of the Employer. In exercising its discretion with respect to the fourth

vacancy, if any, the Employer will give priority to a qualified employee on the afternoon

shift in filling such vacancy if it occurs on the day shift. An employee who successfully

applies for a job vacancy under the provisions of this Article shall be precluded from

applying either laterally or downward for any further job posting for a period of one (1}

year from the date of the successful posting. The Employer may temporarily assign an

employee to a job until the vacancy is satisfactorily filled. Temporary vacancies may be

filled by the Employer in its discretion without posting. If the successful bidder to the

original vacancy under this Article 9.06 expresses a desire to get off the job, then the

job shall be re-posted and the provisions of this Article 9.06 followed for the re-posting.

The originally successful employee shall then be appointed to the first permanent

position available for which he is qualified after the additional re-posting process.


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A copy of the job posting and a copy of the successful applicant shall be

given to the Union. If the position is not to be filled immediately, the Union and the :

applicant will be notified of the probable date of filling. The Employer will advise the

Union of the successful applicant within five {5) days of the conclusion of the posting

{provided, however, that any trial period referred to in Article 9.05 shall be completed

before such notification of the successful applicant). If unsuccessful, the above senior

applicant cannot re-apply to the resultant re-posting.

9.07 If a bargaining unit employee is transferred to a position outside the

bargaining unit, he shall retain his previously accumulated bargaining unit seniority but

shall not accumulate further seniority for bargaining unit purposes while serving outside

the bargaining unit. If he is subsequently transferred back into the bargaining unit within

six (6) months, he shall be credited only with the previously accumulated bargaining unit

seniority. If he is subsequently transferred back into the bargaining unit after six {6)

months, he will have no previously accumulated bargaining unit seniority. He shall be

granted full service for all time served with the Employer for service-related benefits

such as vacation and pension.

9.08 If, for medically-proven health disability, a seniority employee is no longer able

to perform his normal job functions but is capable of regular attendance, reasonable

efforts shall be made to find suitable and available alternate work. The Employer and

the Union shall meet to discuss the situation prior to the Employer making any final

decision.


TORONTO. ONTARIO

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9.09 Preferential Seniority Status

For purposes of layoff and recall only, the three {3) members of the Plant

Committee currently serving at any given time, will have preferential seniority subject to

their having the qualifications to perform the work available pursuant to Article 9 of this

Collective Agreement.

ARTICLE 10- TEMPORARY TRANSFERS

10.01 An employee who is temporarily transferred to another job by the

Employer in which the rate of pay is different to that in effect in such employee's regular

job shall be paid while so employed as follows:

(a) If the rate of pay in the job to which he or she is transferred is less than

the employee's regular pay, he or she shall receive his or her own

higher rate of pay.

(b) If the rate of pay in the job to which he or she is transferred is higher

than the employee's rate of pay, he or she shall immediately receive the

rate of pay at the appropriate rate Step {sixty {60) days) for the job to

which he or she was transferred. If such person continues in the

temporary transfer for a period in excess of thirty (30) days, he/she

shall be paid the 90-day rate for the position.

The.se provisions shall not apply in case of transfer of an employee to avoid layoff or, in

the case of a transfer at the employee's own request. In case of such transfers, the

employee shall receive the rate for the job to which he is transferred.

STRINGER. BRISBIN. HUMPHREY TORONTO. ONTARIO

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When it is necessary to transfer employees, the Employer shall transfer

junior employees in the department, subject to the operational needs of having the

available work done efficiently. When a senior employee feels that he has been unjustly

transferred, if requested, the Employer will discuss reasonable alternatives, if any, with

the employee and, on request, the Committee person, as soon as possible after the

issue is raised but in any event during the shift within which the issue was raised.

Pending the review of reasonable alternatives, the transferred employee will proceed to

do the assigned work. However, the Employer will not be arbitrary in making the

decision.

Temporary Transfers

Temporary transfers are those having a duration of twenty (20} working

days or less, excluding general vacation shutdown and Christmas-New Year's

shutdown. Vacancies in excess of twenty (20) working days will be posted. The twenty

(20} working day period may be extended by mutual agreement.

10.02 Employees on the second and/or third shift will have a primary and

secondary job classification as per their original posting. Employees not already

covered by a dual-posting arising out of their original posting shall be subject to a dual-

posting (primary and secondary job classification) with the objective that all employees

on the second shift will have both a primary and secondary job classification posting. At

such time as both shifts are equalized, the parties will review with a view to single

postings on the second shift. The Employer may, in its absolute discretion, transfer

employees within their primary and secondary job classifications. If such employees are

to be transferred out of either their primary or secondary job classification to any other

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job classification, such transfer shall be subject to the requirements found within Article

10.01 of this Collective Agreement.

ARTICLE 11 .. LEAVE OF ABSENCE

11.01 "Leave of absence" shall mean an absence from work requested by an

employee in writing and consented to by the Employer. Leave granted shall be in writing

covering a specific period of time. Leave of absence shall be at the sole discretion of the

Employer and shall be without pay or any other form of compensation (save that, in

cases of leaves in excess of two (2) weeks, benefits will cease at the end of the month

in which the leave commences), and the employee shall not work in any other position

during such leave of absence unless agreed to by the Employer in writing. Such leaves

will not be unreasonably withheld.

11.02 An employee who, because of illness or injury requiring an absence from

his job for more than two (2) work days while under the care of a physician, shall, upon

furnishing evidence satisfactory to the Employer of such illness or injury, which may

include examination by an Employer appointed physician, at no cost to the employee,

be granted a sick leave for the duration of the period of his disability due to such illness

or injury, except that at the end of twenty-four (24) months of continuous absence

because of such illness or injury or the employee's length of service, whichever is

greater, the employee's employment and seniority shall be subject to review. (This

. foregoing provision shall apply notwithstanding the provisions of Article 9.02 (d).) In any •

event, the Employer shall continue to pay the premiums to provide the benefits listed .in

Article 18.01 of this Collective Agreement for a period up to but not exceeding twelve


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(12) months after the commencement of an illness or injury leave.) The employee shall

furnish supplementary medical evidence of disability, from time to time, as required by

the Employer. Failure to furnish such evidence of disability will result in the termination

of the employee's employment and seniority. Before an employee on sick leave may

return to work, he must, on the request of the Employer, present a doctor's certificate

stating that he has satisfactorily recovered, both physically and mentally, and is able to

return to his regular job classification or other available work and perform such job in

accordance with the Employer's quality and production standards. The Employer

reserves the right to have any employee examined by an Employer physician, at no cost

to the employee, in connection with a sick leave.

Where doctor's notes and forms are required by the Employer, the

employee shall be responsible for the cost of the initial note/form. Subsequent

notes/forms required by the Employer for the same incident will be paid for by the

Employer. Where doctor's notes/forms are required for weekly indemnity and/or long

term disability payments pursuant to Article 18.01, the employee shall be responsible for

the costs of the first form and the Employer and the employee shall share the costs of

any subsequent forms for the same application on a fifty-fifty (50-50) basis.

The Employer reserves the right to terminate employment if the record of

the employee indicates an excessive amount of time off or recurring or repetitive time

off subject to a seniority employee's right to grieve the issue of what constitutes

excessive, recurring or repetitive time off.

11.03 The Employer agrees to grant seniority employees a leave of absence to

i attend Union conventions and conferences subject to the following:


TORONTO. ONTARIO

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(a) the Employer must have a minimum one (1) week's prior notice in

writing;

(b) not more than two (2) bargaining unit employees and not more than one

(1) employee per shift from any one zone as described in Article 5.01

shall be gone at any one time (subject, however, to the understanding

that the Employer shall consider requests from the Union for additional

employees to be absent and such requests will not be arbitrarily denied

by the Employer);

(c) the maximum leave granted pursuant to this Article 11.03 shall be a

cumulative maximum of twenty (20) employee days per calendar year.

If more than the aforementioned twenty (20) employee days is required

in any calendar year, the Union may request permission for necessary

additional time which permission shall not be unreasonably withheld;

and

(d) an employee on a Union leave of absence shall have his pay and

benefits continued and the Union shall be billed the cost attached.

11.04 It is agreed that seniority shall accumulate during the period of any

approved leave of absence for seniority employees.

11.05 Paid Education Leave

The Employer agrees to pay into a special fund two cents (2¢) per hour

per employee for all compensated hours for the purpose of providing paid education

leave. Said paid education leave will be for the purpose of upgrading the employee's

skills in all aspects of Trade Union functions. Such monies to be paid on a quarterly


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basis into a trust fund established by the National Union, CAW, and sent by the

Employer to the following address:

CAW Paid Education Leave Program R.R. #1, CAW Road 25

Port Elgin, Ontario NOH 2C5.

The Employer further agrees that members of the bargaining unit,

selected by the Union to attend such courses, will be granted a leave of absence for

twenty (20) days of class time, plus travel time where necessary, said leave of absence

to be intermittent over a twelve (12) month period from the first day of leave. Employees

on said leave of absence will continue to accrue seniority and benefits during such

leave.

The Employer further agrees to supply the Union with the following

information when such contribution is sent to the Paid Education Leave Program: the

Local Union Number, the Bargaining Unit(s) covered, the number of employees, the

number of hours used in the payment calculation and the period of time covered.

ARTICLE 12- HOURS OF WORK & OVERTIME

12.01 It is hereby expressly understood and agreed that the provisions of this

Article 12 are for the purpose of computing overtime and shall not be construed to be a

guarantee of or a limitation upon the hours of work to be done per day or per week or !

otherwise nor as a guarantee of working schedules.

12.02 The normal work week for regular employees will be composed of forty

(40) straight-time hours worked in the week. While the current two (2) shift operation

continues, the Day Shift shall consist of eight (8) hours per day, Monday to Friday, and


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the Afternoon Shift shall consist of ten (10) hours per day, Monday to Thursday. If the

Employer at any point institutes a three (3) shift operation, all three (3) shifts shall

consist of five (5) consecutive eight (8) hour shifts.

12.03 Employees shall be paid overtime at the rate of one and one-half times

{1 Y:zx) their regular hourly rate for all hours worked in excess of forty (40) hours in a

week and for all hours worked in excess of their regularly scheduled working day,

whether it be eight {8) hours for those working five {5) eight {8) hour days per week or

ten {10) hours for those working four {4) ten {10) hour days per week.

In the event an employee is required to work on Saturday, he shall receive

overtime at the rate of one and one-half times {1 Y:zx) his regular hourly rate for such

work.

In the event that an employee is required to work on Sunday, he shall

receive overtime at the rate of two times {2x) his regular hourly rate for such work.

12.04 When overtime is required, the Employer shall first ask employees who

normally perform the work required to work the overtime followed by:

(a) employees temporarily transferred to the work required for the shift (five

and one-half (5%) hours or more) on which the overtime is required

shall be considered employees who normally perform the work --

employees temporarily transferred to the work for less than five and

one-half (5%) hours shall not and shall be governed by sub-paragraph

{b) below;

(b) employees who normally perform the work in question on the other

shift;

STRINGER, BRISBIN. HUMPHREY TORONTO, ONTARIO

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(c) employees on the shift on which the overtime is worked who can

perform the work required to the Employer's normal quality and quantity

standards, in order of seniority;

(d) temporary employees only after other employees who can perform the

work to the Employer's normal quality and quantity standards have

been offered equal overtime hours within a twenty-eight (28) calendar

day period.

The parties agree to be governed by the above principles.

12.05 In no case will there be duplication or pyramiding of overtime and any

other premium compensation.

12.06 There shall be two (2) ten (1 0) minute break periods per shift, one (1) in

each half of the shift. Where four (4) ten (1 0) hour shifts are scheduled, there shall be

one twelve (12) minute break in the first half of such shift and a thirteen (13) minute

break in the second half of each shift for employees on such shifts.

12.07 A shift premium of sixty cents (60¢) per hour will be paid for hours worked

during the scheduled afternoon or night shift.

12.08 Where work is re-allocated from one shift to another requiring the transfer

of an employee(s) from that shift, the senior employee(s) in the classification affected

shall be given the option of selecting the shift available at the time of the transfer.

ARTICLE 13 .. REPORTING PAY

13.01 An Employee who properly reports for work as scheduled or as directed.

unless he has been notified in advance not to report, will receive at least four (4) hours



31 • at his straight-time base hourly rate, exclusive of premiums, except in cases of labour

disputes, machinery, equipment, power or other utility breakdown, inclement weather, or

any other causes, without limitation, beyond the control of the Employer.

13.02 When an employee who has left work and reported home is called into

work because of an emergency or breakdown at other than his regular scheduled hours,

he will be paid a minimum of four {4) hours' pay at the applicable overtime rate or the

hours he actually worked, whichever is greater. It is understood that such call-back

minimum shall not apply to employees who are called in for work immediately before

and continuing into their regular shift.

ARTICLE 14 - BULLETIN BOARD

14.01 The Employer agrees to allow the Union the use of a bulletin board in the

plant for its exclusive use for the posting of Union notices regarding Union-sponsored

recreational and social activities or meetings or elections of the Union. The Employer

and the Union shall meet to discuss the appropriate size and location. It is understood

that such notices shall have prior initialled approval by the Plant Chairman, or his

designate, before posting.

ARTICLE 15- BEREAVEMENT LEAVE & JURY DUTY

15.01 Bereavement

When death occurs in an employee's immediate family (i.e., mother,

father, current spouse, child, step-parent if such step-parent was actively involved in

raising the employee as a child) the employee, on request, will be excused for a period


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up to but not exceeding four (4) consecutive working days provided the funeral falls

within the four (4) consecutive working day period. The employee shall be paid for such

time excused based upon his base hourly rate exclusive of premiums but, in any event,

the employee shall not be entitled to receive any pay hereunder for any day that he was

not otherwise scheduled to be actively at work for the Employer.

In the case of the death of a brother, sister, father-in-law, mother-in-law,

grandparent, son-in-law, daughter-in-law, an employee will be granted three (3) days'

leave with pay subject to the same conditions as set out above for deaths in the

immediate family.

In the case of the death of a brother-in-law, sister-in-law, stepparent other

than as set out above, stepsibling, or grandchild, an employee will be granted two (2)

days' leave with pay subject to the same conditions as set out above for deaths in the

immediate family.

In the case of the death of a grandparent-in-law, an employee will be

granted one (1) day's leave with pay subject to the same conditions as set out above for

deaths in the immediate family.

15.02 Jury Duty/Subpoenaed Witness

Each seniority employee who is summoned to and reports for jury duty or

serves as a subpoenaed witness, as prescribed by applicable law (subject to the

eligibility requirements set out below), shall be paid by the Employer the difference

between the employee's regular base rate exclusive of premiums for the number of

hours up to eight (8) that he otherwise would have been scheduled to work and the daily


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prescribed jury duty fee or witness fee paid. In order to receive payment under this

section, an employee must meet all of the following eligibility requirements:

(a) the employee shall have given twenty-four (24) hours' notice to the

Employer that he has been summoned for jury duty or as a subpoenaed

witness;

(b) the employee shall furnish satisfactory evidence to his immediate

supervisor that he reported for and performed jury duty or served as a

subpoenaed witness on the days for which he claims payment;

(c) the employee would otherwise have been scheduled to work for the

Employer on the day or days for which he claims payment;

(d) if not required to serve, the employee shall return to work forthwith and

shall be compensated, as provided above, for time reasonably absent;

and

(e) "subpoenaed witness" for the purposes of this Article does not include

employees testifying with respect to suits involving the personal affairs

of such employee and does not include a witness subpoenaed to testify

before the Ontario Labour Relations Board or similar government

employment-related tribunals or before a board of arbitration in a matter

concerning the Employer.


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ARTICLE 16- PAID HOLIDAYS

16.01 A seniority employee will be paid for each of the holidays listed hereunder

a sum equivalent to his regular hourly rate times eight (8) hours, provided he complies

with the quali'fications hereinafter set forth. The paid holidays are:

New Year's Day Labour Day

Good Friday Thanksgiving Day

Victoria Day

Canada Day

Civic Holiday

the day before Christmas Day

Christmas Day

Boxing Day

Three (3) floating holidays normally scheduled during the Christmas-New

Year's period.

Further, where four (4) ten (1 0) hour shifts are the scheduled work week,

there shall be ten (1 0) hours paid for holidays set out in this Article 16 provided,

however, that there is a maximum of forty (40) hours' straight-time maximum pay in any

calendar week.

16.02 In order to qualify for payment for any of the holidays designated in this

Article 16.01, the employee must work the full scheduled shift on the day immediately

prior to and the full scheduled shift on the day immediately following the holiday.

A seniority employee who does not work the foregoing qualifying days

because he is on vacation will be entitled to holiday pay provided he works the full

scheduled shift on the day immediately prior to and the full scheduled shift on the day

immediately following his vacation. In such cases, the employee shall be paid for such



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holiday and shall be given an extra day(s) off at the end of his vacation period, without

pay, unless mutually agreed otherwise.

(a) Employees who do not work some or all of the qualifying days will be

paid providing:

(i) employee has satisfactory reason; or

(ii) employee is on vacation, approved leave of absence,

bereavement leave, jury duty, subpoenaed witness,

W.C.B.; or

(iii) sick or injured or on layoff provided that the employee has

worked within thirty (30) days of the holiday.

Employees otherwise eligible for holiday pay but in receipt of Workers'

Compensation benefits or Weekly Indemnity benefits shall have such

insured benefits topped-up to provide for 100% of the appropriate

holiday pay but shall not receive full holiday pay in addition to such

payments, the intention being that otherwise qualified employees will

receive only the difference between the insured pay received and the

holiday pay.

In cases where there are several paid holidays grouped together, (for

example: Christmas-New Year's) if an employee misses one of the qualifying days

without being excused as indicated above, such employee will lose eight (8) hours' pay

or ten (10) hours' pay, depending on his/her normal shift, as a result of missing the

qualifying day. If such employee misses the qualifying days both prior to and following


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36 • the holidays in question, he/she shall not be paid for any of the holidays between the

qualifying days.

ARTICLE 17 ·VACATIONS WITH PAY

17.01 Seniority employees shall be entitled to an annual vacation in accordance

with the following schedule on the basis of seniority as at June 30th in each year:

• one (1) year of seniority but less than five (5) years of seniority as at June

30th -- two (2) weeks;

• five (5) years of seniority but less than ten (10) years of seniority as at June

30th-- three (3) weeks;

• ten (10) years of seniority or more as at June 30th-- four (4) weeks;

• fifteen (15) years of seniority or more as at June 30th-- five (5) weeks;

• twenty-seven (27) years of seniority or more as at June 30th -- six (6)

weeks.

17.02 Vacation year shall mean the year from one July 1st to the following June

30th. Pay for vacation to which the employee is entitled hereunder will be two percent

(2%) of wages earned in the vacation year for each week of vacation entitlement.

17.03 In years in which the Employer does not declare a plant shutdown for

vacation purposes, and for vacation entitlement in excess of two (2) weeks provided

where there is a shutdown, the Employer will schedule vacations by seniority wherever

practical and where it will not interfere with the efficient operation of the Employer.

Employees must submit vacation requests by May 1st of the vacation year. Vacation

requests submitted after May 1st (including instances where employees agree to work


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37 • during the plant shutdown if so requested by the Employer) will be granted on a first-

come, first-serve procedure. The Employer will post the vacation schedules by May 15th

of the vacation year.

17.04 All vacations are to be taken during the current vacation year. I

ARTICLE 18 - BENEFITS

18.01 The Employer will pay one hundred percent (100%) of the premium cost

for the following benefits:

1. OHIP or its equivalent

2. Life Insurance -- $29,000.

Accidental Death & Dismemberment-- $29,000.

(Effective on and after August 31, 2002 -- $30,000. Life Insurance and

$30,000. for Accidental Death & Dismemberment. Effective on and after

August 31, 2003 -- $31,000. Life Insurance and $31,000. for Accidental

Death & Dismemberment.).

3. Weekly Indemnity -- sixty-six and two-thirds percent (66 2/3%) of the

employee's basic earnings up to a maximum of four hundred and

seventy-five dollars ($475.00) payable on a 1-1-1 (out-patient surgery)--

4 (calendar days) -- 39 basis.) On request, the Employer will pay the

employee an advance on a weekly indemnity claim if payment is

delayed more than two (2) weeks after the employee files the claim; the

employee would then sign over the appropriate claim cheque(s) when

received).


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4. Dental Plan -- present basic Preventative Plan shall be continued on a

$10.00 single/$20.00 family deductible with $1,600.00 (Effective on and

after August 31, 2002 -- $1 ,700.00. Effective on and after August 31,

2003 -- $1 ,800.00.) maximum coverage per person per year with

payments based upon the 2000 O.D.A Schedule including orthodontic

coverage on a 50-50 co-insurance basis with $1,375.00 lifetime

maximum. (Effective on and after August 31, 2003 -- $1,500.00 lifetime

maximum.) (Effective on and after January 1, 2002 -- 2001 O.D.A.

Schedule. Effective on and after January 1, 2003 - 2002 O.D.A.

Schedule. Effective on and after January 1, 2004 - 2003 O.D.A.

Schedule.)

5. Health care coverage providing standard major medical coverage

including a managed drug care plan with card system with one dollar

and fifty cents ($1.50) deductible per prescription which, pursuant to

applicable legislation, require the written prescription of a doctor or

dentist and which are dispensed by a licensed pharmacist. This health

care coverage shall also provide for C. strips required for diabetics. The

yearly maximum for Psychologist, Social Worker and Massage Therapist

shall be increased to $250.00.

6. Vision Care Program -- standard family coverage vision care program

providing for up to one hundred and ninety dollars ($190.00). (Effective

on and after August 31, 2002 --two hundred dollars ($200.00)) payment

for prescribed eye glasses for each family member to a maximum of one


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(1) pair per family member in a twenty-four (24) month period. The

Company shall pay for yearly vision examinations required as a result of

medical recommendations from a qualified physician.

7. Long-term Disability -- for new claims arising on and after September 28,

1998, provide for sixty percent (60%) of pre-injury wages to a maximum

of $800.00 per month (Effective on and after August 31, 2002 -- $900.00

per month) with no carve-out/off-set after the employee exhausts weekly

indemnity; the first two years of disability coverage to be based on own

pre-injury job -- thereafter, until recovery, death or age 65, benefit

. provided if employee cannot work at any employment in region paying

not less than sixty percent (60%) of pre-injury wages.

8. Hearing Plan -- provide for a standard hearing aid plan providing for up

to a maximum $450.00 (Effective on and after August 31, 2003 --

$500.00) for each family member in a 5-year period.

In recognition of the fact that the· Employer is herein providing benefits

greater than those required by the Unemployment Insurance Act for qualification for

premium reduction, and in recognition of the improvements herein negotiated to other

provided ·benefits, the parties hereto agree that the Employer shall be entitled to retain

the full amount (i.e. twelve-twelfths (12/12)) of the premium reduction available from the

Unemployment Insurance Commission.

18.02 The benefits and insurance plans referred to in this Article 18 are

necessarily qualified in their entirety by reference to the underlying policies or contracts ·

·of insurance. The terms of any contract issued in respect hereof by an insurance


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agency or governmental agency shall be controlling in all matters pertaining to

qualifications of employees for benefits thereunder and in all matters pertaining to the

existence and extent of benefits and conditions. In the event of a change in carrier,

there would be no reduction in the level of benefits referred to in this Article 18.

18.03 The Employer will pay, on behalf of all seniority employees requiring

prescription glasses, up to one hundred and ninety dollars ($190.00) (effective on and

after August 31, 2002, two hundred dollars ($200.00)) every two (2) years to pay for

prescription safety glasses, if necessary on the job. The issue of appropriate safety

glasses is to be dealt with by the Joint Health and Safety Committee with the suggestion

of the Committee to be the basis for implementation.

18.04 The Employer agrees to pay on receipt of an invoice, once per year, on

behalf of seniority employees, one hundred and fifteen dollars ($115.00) of the cost of

C.S.A. approved safety boots. Effective on and after August 31, 2002, the Employer

agrees to pay upon receipt of an invoice, once per year, on behalf of seniority

employees, one hundred and twenty dollars ($120.00) of the cost of C.S.A. approved

safety boots. Effective on and after August 31, 2003, the Employer agrees to pay on

receipt of an invoice, once per year, on behalf of seniority employees, one hundred and

twenty-five dollars ($125.00) of the cost of C.S.A. approved safety boots.

18.05 Pension

The plan in effect on ratification will be maintained as a minimum during

the term of this Collective Agreement.


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Effective January 1, 1994 - unreduced pension for early retirees who on

retirement are at least 60 years of age and have at least fifteen (15) years' pension

service credits.

For employees eligible for and electing early unreduced pension, the

Employer will maintain OHIP or its equivalent and the Drug Plan until the employee

attains age 65.

Further, any surplus at a given time may be used within the pension· plan

pursuant to past practice but shall not be unilaterally extracted from the plan by the

Employer. Further, on the windup of the pension plan, any net surplus left must be

applied to the benefit of the members of the pension plan.

Effective on and after January 1, 2003, provide for additional upgrade

based on 1995 earnings as a further "highest of' option to the options listed "For service

from 1973 to 1992" at page 5 of the Employee Pension Booklet. Further, the Pension

Agreement, section 7.02(b) (Joint and Survivor Benefits) to provide that the pension

payable to a Member with a spouse will be equal to 95% of the pension payable under

Section 7.01. The reduced monthly pension benefit payable to a participant with a

spouse under this Section will be:

(i) decreased by one-half(%) of 1% (0.5%) for each full year in excess of

five (5) years that the spouse's age is less than the participant's age, or

(ii) increased by one-half(%) of 1% (0.5%) for each full year in excess of

. five (5) years that the spouse's age exceeds the participant's age.


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Further provide that if a retired Member's spouse pre-decease the Member, such

Member may apply for and have his/her pension benefit immediately restored to its

unreduced value.

18.06 In the case of layoffs of otherwise entitled employees, the benefits in

Article 18.01 will continue to.the end of the second calendar month following the month

in which the layoff occurs.

18.07 The Employer will give a copy of all W.S.I.B. Form 7's affecting bargaining

unit employees to the Plant WCB/WSIB Representative.

ARTICLE 19- WAGES

19.01 Effective August 31, 2001, the wage rates shown on Schedule "A" shall be

in effect.

19.02 Effective August 31, 2002, the wage rates shown on Schedule "B" shall be

in effect.

19.03 Effective August 31, 2003,the wage rates shown on Schedule "C" shall be

in effect.

19.04 Attached hereto as Schedule "D" is a list of jobs and grades as of the

entering into of this Collective Agreement and relating to the wage structure set out in

Schedules "A", "B" and "C" hereof.

ARTICLE 20 ·OCCUPATIONAL HEALTH AND SAFETY

20.01 The Employer and the Union shall maintain an Occupational Safety and

Health Committee consisting of two (2) members elected or appointed by the Union and •


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two (2) members appointed by the Employer. There shall be a Chairperson for the

Union and a Chairperson for the Employer who shall serve as Co-chairs. There shall be

one Occupational Health and Safety Certified Representative trained for the Argyle

Street location during the term of this Collective Agreement, i.e. if an employee so

certified either ceases to be an employee or declines to act as such a Representative,

there shall be no new trained representatives at Argyle Street.

20.02 The general duties of the Occupational Safety and Health Committee shall

be to monitor compliance with the provisions of the Occupational Health and Safety Act

of Ontario, and

(a) to make a monthly inspection of the plant or place of employment for

the purpose of determining hazardous conditions, to check unsafe

practices and to receive complaints and recommendations with respect

to these matters;

(b) to investigate promptly all serious accidents and any unsafe conditions

or practices which may be reported to it. Such investigations shall

include accidents which might have caused injury to an employee

whether or not such injury occurred;

(c) to hold monthly safety meetings for the discussion of current accidents,

their causes, suggested means of preventing their recurrence, and

reports of investigations and inspections as well as other items deemed

appropriate for Joint Health and Safety Committee;

(d) Minutes are to be taken at all Committee meetings with copies

distributed promptly to all members of the Committee.


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20.03 The Employer shall supply, at no cost to the employee (subject to Articles

18.03 and 18.04 ), all protective clothing and other devices deemed necessary by the

provisions of the Occupational Health and Safety Act or the Health and Safety

Committee to protect employees from injuries arising from their employment with the

Employer. Items currently provided will be continued.

20.04 Accident and Incident Investigations

(a) Every injury or near-miss which involved or would have involved a

worker going to a doctor or hospital must be investigated. The Union

will designate and the Employer will recognize a Health and Safety

Representative for each shift for the purpose of these investigations.

(b) The Union co-chairperson or alternate shall be allowed to accompany

government health and safety inspectors on an inspection tour and to

speak with the inspector out of earshot of any other person. Such Union

representatives shall first bring concerns to management before

reporting formally or informally to government agencies or inspectors.

(c) The Employer shall give a copy of any replies to such reports or

documents to the Union co-chairperson and to the Committee.

(d) Incidents involving releases of hazardous substances to the air, earth or

water systems must be investigated.

20.05 Prior to being placed on a job, the Employer shall provide employees with

proper safety instruction and supervision in the operation of any equipment and/or the

performance of any function required by such employee's job.


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20.06 (a) An employee may refuse to work or do particular work where the

employee has reason to believe that any equipment, machine, device or thing the

employee is to use or operate is likely to endanger such employee or another worker or

that the physical condition of the workplace or the particular part in which the employee

works is likely to endanger the employee.

(b) Upon re'fusing to work or do particular work, the employee shall promptly

report the circumstances of the refusal to the appropriate supervisor who shall

investigate forthwith the report in the presence of the employee and an employee health

and safety representative; if such representative is not available, then in the presence of

a Union Committee person.

(c) Until the investigation is completed, the employee shall remain in a safe

place near the work station.

(d) Pending the investigation, no alternate employee shall be assigned to use

or operate the equipment, machine, device or thing or to work in the part of the

workplace being investigated unless, in the presence of an employee health and safety

representative, the alternate employee has been advised of the other employee's

refusal to work and the reasons for the refusal to work.

(e) This sub-article is a summary of the rights and procedures for refusal of

unsafe work contained in the Occupational Health and Safety Act. The full rights and

procedures listed in the Act shall apply to such work refusals and are incorporated by

reference in this Collective Agreement.

20.07 The Employer shall provide the Occupational Health and Safety

Committee with information concerning the conducting of tests/monitoring in or around


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the plant for the purpose of occupational health and safety and one of the Committee

members designated by the Union may be present to review testing/monitoring

procedures. On completion . of such tests/monitoring, or periodically if the

tests/monitoring are ongoing, the Occupational Health and Safety Committee shall

receive a copy of the tests/monitoring results.

20.08 The issue of safety training for employees shall be referred to the

Occupational Health and Safety Joint Committee with the Committee to make

appropriate determination within six (6) months of ratification of the Collective

Agreement. The. recommendations of the Committee are to be the basis for

implementation.

ARTICLE 21 - GENERAL

21.01 Gender-Neutral

Whenever the masculine pronoun is used in this Agreement, it includes

the feminine pronoun where the context or application so requires. Where the singular is

used, it includes the plural where the context or application so requires.

21.02 Non-Discrimination

The parties agree that in accordance with the Ontario Human Rights

Code, there shall be no discrimination against employees by reason of race, ancestry,

place of origin, colour, ethnic origin, citizenship, creed, age, sex, sexual orientation,

record of offenses, marital status, family status, handicap or Union affiliation.


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21.03 A Moment of Silence

The Employer will provide for one (1) minute's silence on April 28th of

each year in observance of those workers injured or killed in their workplace.

21.04 Family Support/Garnishee

Where appropriate, pay cheques and T-4's will read "family support" rather

than "garnishee".

21.05 Partial/Total Plant Closure

The Employer shall advise the Union as soon as reasonably possible in

advance of any contemplated shutdown of the operation, including moving any or all of

its operations to a new location, that will affect the employees. Such notice shall be in

writing and indicate the reason for the action.

The Union and the Employer will meet immediately to discuss the

contemplated shutdown with a view to providing a solution to the problem or jobs for the

employees involved.

21.06 Incapacitated Employees

In the event an employee becomes permanently incapacitated and is

unable to continue his/her regular job, accommodation will be made in favour of such

employee on the following basis.

If a job vacancy occurs, which such incapacitated employee can perform,

he/she will be placed on such job without necessity of a job posting. A Doctor's

certification of disability by the employee's own Doctor, must be submitted.


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The Employer will review all of the circumstances with the Union

Committee before exercising this provision. All exceptions to the seniority provisions of

the Collective Agreement must be mutually agreed to by the parties.

21.07 Preferred Parking

The Employer will make reasonable accommodation for parking requests

from employees with disabilities or pregnant employees.

ARTICLE 22 • DURATION

22.01 This Agreement shall become effective on the 31st day of August, 2001,

and shall remain in full force and effect and shall not be re-openable save and except as

otherwise herein expressly provided, until the 30th day of August, 2004, and shall

continue automatically thereafter during annual periods of one (1) year each, unless

either party notifies the other party in writing as provided for in Clause 20.02 hereof of

its desire to negotiate amendments to this Agreement.

22.02 Notice that amendments are required shall only be given during the period

of not more than three (3) months and not less than one (1) month prior to the 30th day

of August, 2004 or similar annual periods thereafter. If notice of desire to amend this

Agreement is given by either party in accordance with the foregoing, the other party

agrees to meet for the purpose of negotiations.

DATED AT DELHI, ONTARIO, THIS 31ST DAY OF AUGUST, 2001.

STRINGER, SRISSIN, HUMPHREY

TORONTO, ONTARIO

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NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA, (CAW~CANADA) AND ITS LOCAL 1859


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SCHEDULE"A"

EFFECTIVE AUGUST 31, 2001

START* AFTER 30 AFTER60 AFTER 90 DAYS** DAYS DAYS

(CONTINUOUS DAYS ON JOB)

GRADE 50 19.05 19.10 19.11 19.32

GRADE 45 18.52 18.58 18.68 18.80

GRADE 40 18.30 18.36 18.41 18.52

GRADE 35 18.06 18.11 18.18 18.30

GRADE 30 17.87 17.92 17.98 18.06

GRADE 25 17.39 17.55 17.71 17.87

I GRADE 20 16.91 17.07 17.23 17.39

*

GRADE15 16.09 16.36 16.63 16.91

GRADE10 15.42 15.69 15.96 16.24

GRADE 5 15.42

First thirty (30) days' probationary period may be waived for employees with more than six (6) months' continuous service.

** First thirty (30) days' probationary period and the next subsequent thirty (30) days to sixty (60) continuous days on job may be waived for employees with more than two (2) years' continuous service.


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SCHEDULE "B"


The wage rates set out in Schedule "A" shall be increased by 30¢ per hour across-the-board in addition to increases generated by the Cost of Living Allowance pursuant to Schedule "E".

*

**

First thirty (30} days' probationary period may be waived for employees with more than six (6} months' continuous service.

First thirty (30} days' probationary period and the next subsequent thirty (30} days to sixty (60} continuous days on job may be waived for employees with more than two (2} years' continuous service.


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SCHEDULE "C"


The rates established by Schedule "8" will be increased by a further 35¢ per hour across-the-board in addition to increases generated by the Cost of Living Allowance pursuant to Schedule "E".

*

**

First thirty (30) days' probationary period may be waived for employees with more than six (6) months' continuous service.

First thirty (30) days' probationary period and the next subsequent thirty (30) days to sixty (60) continuous days on job may be waived for employees with more than two (2) years' continuous service.


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SCHEDULE "D"

JOB TITLE & GRADE

COIL FEED & BRAKE PRESS OPERA"riONS

PRESS OPERATOR 3 GR 40 PRESS OPERA TOR 3 GR 40 PRESS OPERATOR 3 GR 40 PRESS OPERATOR 2 GR 35 PRESS OPERATOR 2 GR 35 PRESS OPERATOR 2 GR 35 PRESS OPERATOR 2 GR 35

TYPICAL FUNCTIONS

21 LJ PRESS 18 LJ PRESS 12' BRAKE PRESS 8' BRAKE PRESS 4' BRAKE PRESS 6' BRAKE PRESS

SHEAR

Lead Hand responsibilities for section paid at GR 50

PUNCH PRESS OPERATIONS

PRESS OPERATOR 2 GR 35 PRESS OPERATOR 2 GR 35 PRESS OPERATOR 2 GR 35 PRESS OPERATOR 2 GR 35 PRESS OPERATOR 2 GR 35 PRESS OPERATOR 2 GR 35 PRESS OPERA TOR 2 GR 35

#5 BLOW PRESS 16 LS PRESS #6 BLOW PRESS ALCECO PULLMAX ROUSELLE 6' LENNOX


WHEEL ROOM OPERATIONS

PRESS OPERATOR MACHINE OPERATOR BEADER/SPOTWELDER SPECIALIST MACHINE OPERATOR WHEEL ROOM SHIPPING ASSISTANT

3 GR40 2 GR35

GR30 GR40

1 GR 30 GR30

18 LS LOUVRE PRESS BALANCERN&O/STAKE PRESS ROLLISPOTWELD/BEAD BI/RIVITED WHEELS RIVITER OPERA TOR CENTRE DISC INSTALL/SHIPPING ASSIST AS NEEDED



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BLOWER HOUSINGNENTER WELDING OPERATIONS

SPOTWELDER SPOTWELDER FACTORY HELPER

3 1 1

GR35 GR10 GR10

SPOTWELD ALL HOUSINGS SPOTWELD BRG BRKTS OFFLOAD PAINT LINE


CABINET SPOTWELDING OPERATIONS

SPOTWELDER SPECIALIST CAB ASSY

3 GR35

GR25

HSG/CAB SPOTWELDING

TWINNING/FRAMES ETC.


CABINET MIG-WELDING OPERATIONS

. MIG WELDER MACHINE OPERATOR SPRAY PAINTER

GR35 2 GR35

GR35

HSG/CAB MIG WELDING DEGREASER ALL SPRAY PAINTING


OEM BLOWER ASSEMBLY OPERATIONS

BLOWER ASSEMBLER BLOWER ASSEMBLER BLOWER ASSEMBLER BLOWER ASSEMBLER MACHINE OPERA TOR MACHINE OPERATOR

1 GR 30 2 GR35 2 GR35 1 GR30 1 GR30 1 GR30

STARTER MOUNTER TESTER PACKER SHAFT POLISH CUT -OFF/SLAB/DEBURR


LINE 1 DISTRIBUTOR ASSEMBLY

ASSEMBLER 2 ASSEMBLER 1

GR 35 ALL DISTRIBUTOR ASSEMBLY GR 30 FILTER SECTION/INSULATION



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LINE 2 DISTRIBUTOR ASSEMBLY

ASSEMBLER CRATER CRATER HELPER LIGHT ASSEMBLER

2 GR35 GR35 GR35

2 GR10

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ALL DISTRIBUTOR ASSEMBLY ALL CRATING CRATING/SPRAY PAINTING MOTOR PLATFORMSNENTER NUTS


SHIPPING RECEIVING AND WAREHOUSING OPERATIONS

SHIPPER W.I\REHOUSE HELPER STOREKEEPER RCVG/STOCKROOM ASST LIGHT ASSEMBLER 1

GR40 GR20 GR35

GR 30 GR05

ALL SHIPPING/RCVG/WHSG WHSG PROCEDURES ALL STORES RESPONSIBILITIES

RCVG/STOCKROOM HELP SET SCREWS/MOTOR CLIPS ETC.


MISCELLANEOUS

SPECIALIST GR 50 MAINTENANCE APPRENTICE SPEC. MATERIAL HANDLER GR 30 MAT'L HANDLER/ PRESS ROOM HELP GR 30 FACTORY HELPER 2 GR 25

MAINTENANCE WORK

ALL MAINTENANCE FUNCTIONS

ASSIST- MAINTENANCE

ALL PRESS ROOM MOVEMENT

BR.PRESS HELPER MAT'L MOVEMENT FLOATER

I To be defined as:

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2.

3.

if working with a significant degree of complexity on a machine or other piece of equipment, without direct assistance from a maintenance person. i.e. tearing down or re-assembling;

trouble-shooting (correct diagnosis of problem) and proceeding to fix;

use of skills or knowledge not normally used in regular job. i.e. mechanical, machining.

STRINGER. BRISBIN. HUMPHREY

TORONTO. ONTARIO

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SCHEDULE "E"

COST OF LIVING ALLOWANCE

During the period of this Agreement, each employee shall receive a cost of living allowance as set forth in this section.

The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index of the base 1986=100, hereafter referred to as the "1986 Consumer Price Index" or "1986 CPI".

In determining the three (3) month average of the indexes for a specified period, the computed average shall be rounded to the nearest .1 Index point-- i.e .. 05 and greater rounded upward and less than the .05 rounded downwards.

The COLA shall be computed using the three (3) month average of the · 1986 CPI for March, April and May, 2001, as the base period. Cost of Living Adjustments will be made on a quarterly basis at the following times:

EFFECTIVE DATE OF ADJUSTMENT

First pay period beginning on or after September 1, 2001 and at three (3) calendar month intervals thereafter.

BASED UPON THREE (3) MONTH AVERAGE OF THE 1986 CPI FROM

June, July, August, 2001, and at three (3) calendar month intervals thereafter.

One cent (1 ¢) adjustments in the cost of living shall become payable for each .1 increase in the Consumer Price Index.

For purposes of this Collective Agreement, any paid COLA shall be treated as if it were incorporated into the base rate.

In the event Statistics Canada ceases monthly publication of the Consumer Price Index, or changes the form of the basis of calculating the Index, the parties agree to ask Statistics Canada to make available, for the life of this Agreement, a monthly index in its present form and calculated on the same basis as the Index for 1995.


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LETTER OF UNDERSTANDING

National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) and its Local 1859 310 Wellington Road South London, Ontario N6C 4P4

Attention: Mr. Fergo Berto National Representative

Dear Mr. Berta:

Re: Excessive Heat

The Employer agrees that when the temperature or humidity in a particular

area of the plant reaches an excessive level, the Employer will meet with the Union

Committee to determine a course of action.

cc. Mr. D. Hoover, Plant Chairperson

Yours very truly,

Dennis Coulter Manager of Operations


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National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) and its Local 1859 31 0 Wellington Road South London, Ontario N6C 4P4


Dear Mr. Berto:

Re: Workers' Compensation

In the event an employee has not received a cheque from the Workplace

Safety and Insurance Board, and the delay is not due to the employee's failure to supply

information in a timely fashion, the employee can apply for Weekly Indemnity and sign a

waiver form as well as authorization for wage deductions, and thereafter, interim

payments will be processed through the Weekly Indemnity Program.


Yours very truly,

Denn ter Manager of Operations


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National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) and its Local 1859 31 0 Wellington Road South London, Ontario N6C4P4


Dear Mr. Berta:

Re: Union Office

The Employer will continue during the life of this Agreement to make

space available to the Union to conduct affairs contemplated by Article 5. Further,

during the life of this Agreement, the parties will meet to discuss options and

. alternatives to providing dedicated space for a Union office. If the Employer expands the

plant, it will provide space for a Union office.

Further, the Employer agrees that not later than August 31, 2003, the

Back Office in Shipping shall be available to the Union as a Union office on a shared

use basis.


Yours very truly,


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Dear Mr. Berto:

Re: Contracting Out

No seniority employee shall be laid off as a direct result of the contracting

out of bargaining unit work to another business entity.


Yours very truly,

~-.-r("l,s Coulter Manager of Operations


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Dear Mr. Berta:

Re: Substance Abuse

Substance abuse is recognized to be a serious medical and social

problem that can affect employees. The Employer and the Union have a strong interest

in encouraging early treatment and assisting employees towards full rehabilitation.

The Employer will continue to provide a comprehensive approach to

dealing with substance abuse and its related problems in the workplace .. Employer

assistance may include referral of employees to appropriate and available counselling

services or treatment anq. rehabilitation facilities.

The Employer will continue to list the employee being treated as eligible

for all normal group insurance benefits while such employee is under a medically

prescribed course of treatment.


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Ultimate responsibility for the success or failure of such treatment and

rehabilitation, however, lies with the employee. If he/she does not cooperate to the

fullest extent reasonable in such a program, including post-treatment and follow-up, the

Employer reserves the right to terminate eligibility for normal group insurance benefits, if

otherwise permitted by the Collective Agreement, and to implement appropriate

measures of discipline or reaction to innocent absenteeism, depending on all relevant

circumstances.

Further, the application or non-application of this substance abuse

program in instances of relapse shall be subject to the grievance procedure considering

all relevant circumstances including the severity of the relapse, the time passage

between the initial program and the relapse, the level of cooperation on the part of the

employee, the employee's work history and the impact of the relapse on the efficient

operation of the workplace.


Yours very truly,

STRINGER, EIRISEIIN, HUMPHREY

TORONTO, ONTARIO

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Dear Mr. Berte:

Re: Sexual Harassment

The Employer and the Union recognize the problem of sexual harassment

in workplaces and are committed to ensuring it does not occur at the Employer.

1.

2.

3.

4.

5.

6.

7.

8.

Sexual harassment shall be defined as including:

unnecessary touching or patting;

suggestive remarks or sexually-degrading words used to describe an individual

or other similar verbal abuse;

leering at a person's body;

compromising invitations;

demands for sexual favours;

sexual jokes causing embarrassment;

displaying sexually-offensive material;

physical assault.


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Complaints and/or grievances under this clause will be handled with all

reasonable confidentiality. In dealing with the complaint and/or grievance, every effort

will be made to discipline and re-locate the harasser, not the victim.


Yours very truly,

Dennis Coulter Manager of Operations


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Attention: Mr. Fergo Berta National Representative

Dear Mr. Berto:

Re: Labour-Management Meetings

On the request of either party, the Employer and the Union shall meet at

least once every two (2) months until this Agreement is terminated for the purpose of

discussing issues relating to the workplace which affect the parties bound by this

Agreement.

The parties shall provide each other in writing with the issues they wish to

discuss at such meeting at least two (2) working days in advance of the meeting to

allow for an informed discussion.

Such meetings are not intended to serve as grievance meetings. Such

meetings are not intended to replace the normal communications between Union

stewards and supervisors although it is acknowledged that certain topics may be

appropriately discussed through both routes.


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Yours very truly,

Denms Coulter Manager of Operations


TORONTO, ONTARIO

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National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW·Canada) and its Local 1859 31 0 Wellington Road South London, Ontario N6C 4P4


Dear Mr. Berto:

Re: Termination and Severance

The Employer shall abide by the provisions of Part XV of the Employment

Standards Act as they are written at September 4, 2001 in cases where an employee is

terminated or permanently laid off.


Yours very truly,

oulter Manager of Operations


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National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) and its Local 1859 31 0 Wellington Road South London, Ontario N6C4P4


Dear Mr. Berto:

Re: Wheel Room

When employees transfer into the Wheel Room Operations to perform

only the components of the Machine Operator 2 job or the Specialist job as set out

below, they will be paid the greater of their regular classification rate of pay or the

following applicable rate:

Machine Operator 2 Notching Grade 30 Stake Press Grade 25

Wheel Room Specialist Welding Biwheel Grade 35 Rivetting Grade 30



TORONTO, ONTARIO

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Dear Mr. Berto:

Re: "Weekly Indemnity" and "Long-Term Disability" Claims

During the 1998 negotiations, the parties agreed to the following dispute

resolution procedure concerning ''weekly indemnity" and "long-term disability" claims:

·1. where there is a dispute between two (2) positions on the ability of the

2.

employee to return to work, the parties will refer the issue(s) to a

mutually-acceptable independent medical specialist for the purpose of

evaluating all aspects of the claim;

this independ!3nt medical opinion shall be binding on the Employer, the

Union and the employee.

Yours very truly,

DEL~~~~~~-

I cc. Mr. D. Hoover, Plant Chairperson

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din collective agreement 2001


TORONTO, ONTARIO

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