WESTON BAKERIES LIMITED CALGARY PLANT

WESTON BAKERIES LIMITED
CALGARY PLANT
203 58tl' Ave SE
January 9, 2012 to December 31, 2016
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COLLECTIVE AGREEMENT
BETWEEN:
WESTON BAKERIES LIMITED, of the city of Calgary, Alberta
Hereinafter referred to as "The Company"
AND:
BAKERY, CONFECTIONERY, TOBACCO \VORiffiRS and GRAIN MILLERS
INTERNATIONAL UNION, LOCAL 252, of the City of Calgary, in the Province of Albetta
Hereinafter referred to as "The Union"
It is the intent and purpose of this Agreement that the Company and the Union co-operate to
obtain a safe and efficient facility with the unrestricted production and distribution of quality
products; to promote an enviromnent of safety first; to maintain a harmonious relationship
between the Company and its employees; to provide a method of settling in an amicable manner
any difference or grievance which may from time to time arise; and to set f01th rates of pay,
hours of work and other conditions of employment to be observed between the patties hereto. All
subject to the terms of the Collective Agreement in force.
In this Agreement wherever the words "he", "she", "his", or "her" appear, it shall be construed as
meaning persons of either gender.
ARTICLE 1 -UNION RECOGNITION
1.01
The Company agrees to recognize the Union as the exclusive bargaining agent for all employees,
with the exception of office workers, and others not included in the wage mticle of this
Agreement. It is agreed that the Company shall not enter into any verbal or written
agreement with any employee which violates this agreement.
1.02 No employee shall be discharged or discriminated against for any lawful union activity,
or for serving on a Union cOimnittee, or for reporting the violation of any provision of this
Agreement. No employee shall be requested to go through any lawfully established picket line
resulting from a strike or lock-out at this location applicable to this collective agreement.
1.03 Recognized supervisors and foreman will not perform work that is performed by regular
employees within the bargaining unit, except:
(a) When performing development or experimental work,
(b) When checking production on any operation,
(c) When employees are not available for work, due to being late for work or absent from
the plant,
(d) In cases of emergency.
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1.04 Where used in this Agreement, the term "emergency" shall be defined as any unforeseen
circumstances occurring which is beyond the control of the Company. Whenever an emergency
occurs, the Company shall take all reasonable steps to alleviate the situation as soon as
practicable.
1.05 The Business Representative of the Union will be permitted to visit the Plant to conduct
Union business, provided notification is first given to the Plant Manager or in his absence the
senior manager on shift, and further provided such visit does not interfere with production or the
work of employees.
1.06 As used in this Agreement, the term "Regular full-time employee(s)" shall mean those
employees who work the number of regular weekly hours as set out in the Article relating to
Hours of Work and Overtime.
ARTICLE 2- UNION SECURITY
2.01 All new employees will be given an application for membership in the Union, on the
first day of employment and shall become a member in good standing of the Union, within
thirty (30) working days from date of employment and shall be informed of the provisions of
this Atticle, when hired. The union will be provided with a list of new employees each
month.
2. 02 The Union will not question the dismissal of a new employee, who has worked less
than 60 shifts or 4 months.
ARTICLE 3- DEDUCTION OF UNION DUES
3.01 Upon the individual request, in writing, of any employee, the Company shall deduct from
each pay period out of the wages due to such employee, the Union dues, initiation fees, fines and
assessments of such employee. The Company will include the employee's union dues on their T4.
Monies deducted shall be forwarded by the Company to the Secretary- Treasurer of the
Union as soon as administratively possible and no later than 3 weeks from the 4 week period
to which the deductions were made. The Company will provide the names of the employees
who have left the service of the Company.
ARTICLE 4- MANAGEMENT RIGHTS
4.01 Except where specifically abridged by the terms of this Agreement, it is the exclusive
function of the Company to:
a) Maintain order and efficiency;
b) Hire, discharge, transfer, promote, demote or discipline employees, and the Bakery,
Confectionery, Tobacco Workers and Grain Millers' Union, Local 252, shall not
abridge this right except when a union employee has been discharged and feels
himself aggrieved by such discharge, in which case he shall be entitled to take the
matter up through the regular chmmels allowed for in the grievance mticle of this
Agreement;
- 4 c) Manage, continue, in whole or in part, the industrial enterprise in which the Company
is engaged.
ARTICLE 5- GRIEVANCES
5.01 Any complaint, disagreement or difference of opinion, between the Company and the
Union, or any employee covered by this Agreement, which concerns the interpretation or
application of the terms of this Agreement, shall be considered a grievance. Any grievance
which is not presented within fourteen (14) days following the event giving rise to such grievance
shall be forfeited and waived by the aggrieved party. The procedure for adjustment of grievances
shall be as follows:
Step #1:
By a discussion between the employee and his itmnediate supervisor. The employee or the
supervisor may request the presence of a Shop Steward. If a satisfactory settlement cannot
be reached within five (5) working days, then;
Step #2:
If the grievance is not then settled, the Union shall state the grievance in writing setting out
the following:
(a)
the nature of the grievance and the circumstances out of which it arose;
(b)
the remedy or correction required and;
(c)
the article(s) of the agreement claimed to have been violated.
and deliver a copy to the Plant Manager or his designate requesting a meeting which will be
held within two (2) working days or such longer time as may be mutually agreed upon. At
this meeting, up to 2 shop stewards and the grievor may be present. The Business Agent of
the Union may be present if his presence is requested by either party.
5.02 No Company official shall take up a grievance personally with any affected employee
without a Shop Steward being present once the grievance has been formally lodged, in
writing.
5.03 Step #3:
If the grievance is not settled at the meeting held under Step #2, the grievance shall be
discussed within a further period of five (5) working days, between the Plant Manager or his
designate and a representative of the Union, who shall meet and attempt to reach a
settlement. Either party may request to have a representative of the Human Resources
Depmiment present.
Any arrangement or decision agreed to under the foregoing steps shall be confirmed
and set forth in writing, and be binding upon the Union, the Company, and the employee or
employees concerned.
5.04
ARTICLE 6- ARBITRATION
6.01 Should the parties fail to reach agreement under the above grievance procedure, either
pmiy may then refer the matter to arbitration as provided under the Albetia Labour Code, and
the provisions of the said Code shall govern all proceedings, in the same way, as though they
were set out in full in this Agreement.
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ARTICLE 7- TERMINATING EMPLOYMENT
7.01 Except in cases of emergency, regular full-time employees who are laid off or
discharged shall receive notice of one (1) week. If the notice is not given, then employees so
affected will receive a week's pay in lieu thereof. Where an employee is retained one (1)
week or more beyond the expiry date of the notice, then a fmiher week's notice shall be
given. No employee will be terminated without just cause. Should an employee be
terminated for cause, they shall not be entitled to notice set out herein, this does not preclude
any grievance being submitted in connection with such discharge.
7.02 Regular full-time employees will give one (1) week's notice when terminating their
employment, or forfeit one (1) week's pay in lieu thereof.
7.03 The Union agrees to impress upon its members the impmiance of advising the
Company, as far as possible in advance of the shift, in cases where due to illness or other
causes, they are unable to report for work. If, upon investigation, it is found that an
employee has no legitimate reason for being absent, the Company may take appropriate
disciplinary action.
7.04 The Union will receive copies of reprimands and other disciplinary action. However,
failure to receive these notices will not impact upon the above-noted grievance procedure.
Reprimands and other written notice of disciplinary action will be removed from an
employee's file after a period of 24 months, providing no incidents of a related or similar
nature have occuned during this period.
ARTICLE 8- WAGES AND CLASSIFICATIONS
8.01 The wage rates specified herein are minimum. Nothing contained herein shall prohibit
the paying of a higher rate of pay or implementing a bonus program at the discretion of the
Company. The Company will advise the Union of any proposed wage adjustments prior to
implementing same. Each employee, coming under tllis Agreement, shall be governed by the
classifications and wage rates as set out in Appendix "A" (subject to any adjustments).
Entployees who are promoted or transfened to another department at the initiative of the
Company, shall be put on the wage scale of the new classification which coincides to their
wage rate at the time of transfer e.g. without reduction in wage rate.
If however, a transfer takes place as a result of a request of an employee, then such employee
shall be put on the wage scale, wllich corresponds to the hours worked with the company not
withstanding any resultant wage rate reduction.
8.02 Team Leader: In addition to such regular job duties as time will permit, a
Team Leader shall be responsible for assisting in scheduling and assigning work to
employees he is required to lead, and for seeing that such employees produce the quantity
and quality of work required by the Company. A Team Leader shall not have any authority
to hire or discharge employees, or to exercise any disciplinary action.
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He shall, however, report to his Foreman on the ability, progress and conduct of employees
he is required to lead.
8.03 Except in cases of emergency as defiried in this agreement, when the consecutive
number of hours worked by a part-time employee is less than four (4) hours, the employee
shall be paid for four (4) hours, at his or her applicable wage rate. However if the employee
is called in for a specified number of hours, such employee shall be provided with work for
the number of hours specified, or, if work is not provided, he shall receive pay in lieu thereof.
In no case will an employee be paid less than what would be provided for under the Alberta
Employment Standards Code.
8.04 Employees may be provided with opportunities to rotate between team member and
support team member positions within the bakery. Should employees be relocated on a
temporary basis from team member to suppmt team member position to accommodate
plam1ed training, their rate shall not be reduced. This will allow support team members an
opportunity to be trained on team member positions and increase internal opportunities for
posted positions in the team member classification. Once a support team member has been
deemed qualified and continues to rotate on a regular basis he will be paid the applicable
team member rate according to their progression scale.
The Supervisor and/or Team Leader will be responsible for the monitoring and initiating the
classification change.
The Company may establish an apprenticeship program as per the guidelines set out
by the Province of Alberta.
8.05
ARTICLE 9- HOURS OF WORK AND OVERTIME
This Article defines the normal hours of work and provides the basis for calculating
overtime. It shall not be construed as a guarantee of hours per week, or of days of work per
week, or as a restriction on the scheduling of a longer or shmter work week or work day
whenever; in the opinion of the Employer, tllis is required for business reasons.
9.01
9.02 Regular Work Schedule: The maximum hours of work of an employee at straight
time rate shall consist of eight (8) consecutive hours per day. The work week at straight time
rate shall consist of thirty seven and one half (37.5) hours per week. Subject to 9.06 the
regular work week will consist of either 4 or 5 work days.
There shall be no split shifts.
Scheduling:
Scheduling will be done within each department (and in production by production line) on a
weekly basis in accordance with seniority and subject to employees having the present ability
to perform the work in a proficient mmmer. Scheduling in accordance with serliority refers to
the number of hours scheduled in a week and does not preclude or limit the scheduling of
shifts.
- 7 Employees may with the consent of the Company restrict their availability to designated days
in the week. Restricted employees will be scheduled hours only after unrestricted employees
have been scheduled hours. Should the employee request a return to an unrestricted
status, the Company will schedule the employee according to their seniority to an open
position where they have the qualifications and physical ability to perform the job.
For purposes of this agreement, depruiments are (I) Production, (2) Shipping, (3) Sanitation
and (4) Maintenance.
Shifts for production employees will be so arranged that employees will be entitled to two (2)
consecutive days off each week which will be either Friday and Saturday, Saturday and Sunday,
or Sunday and Monday. The intent of this clause is that employees will normally be provided
with fifty-two (52) hours off between the end of one work week and the start of the next work
week.
Hours between shifts
The Company will continue its current practice
between the end of one shift and the start of
requirements or opportunities and in our efforts
is necessary to schedule shifts without 12 hours
advise the scheduling committee.
of scheduling shifts with 12 hours off
another shift. However, for business
to maximize consecutive days off, if it
off between shifts, the Company will
Unless by mutual agreement, the Company will not schedule employees less than 10
hours off between the end of one shift and the start of the next shift.
9.03 Shift schedules will be posted five (5) days prior to the schedule becoming operative.
The Union agrees that the Company can change the schedule of working hours from time to
time at the discretion of the Company. The Company will provide at least forty eight ( 48)
hour notice of a chru1ge in schedule except in the event of emergency or other unforeseen
circumstances. In the event the schedule is changed after it has been posted, the
Company will advise all affected employees of the changes.
9.04 Overtime shall be paid at a rate of time and one half (I 1!, x) the regular hourly rate
for work performed in excess of eight (8) hours of work in the day or thirty seven (37.5)
hours of work in the week. Employees who are scheduled a full work week will receive the
overtime rate for hours worked beyond their scheduled hours.
9.05 The Employer shall pay an employee called in to perform work, not continuous with
his regular work nor previously scheduled by the Employer, wages for at least four (4) hours
of work at the employee's regular rate of wages. Employees who were scheduled a full work
week prior to the call in would be paid the additional hours worked at time and one half.
9.06 The above wording does not preclude the employer from instituting a work schedule
where the maximum hours of work of an employee at straight time rate consists of ten (1 0) or
twelve (12) consecutive hours per day and where the work week at straight time rate consists
of thirty seven and one half (37.5) hours per week or seventy five (75) hours in bi-weekly
schedule. In such instance ove1iime would be paid at a rate of time and one half times (1 1!, x)
the regular hourly rate, in circumstances where the employee had been required to perfonn
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work in excess of ten (10) or twelve (12) hours in a work day; or thirty seven and one half
(37.5) hours in a work week; or seventy five (75) hours in a bi-weekly schedule.
Prior to implementing a bi- weekly schedule where employees are scheduled over thi1ty
seven and one half (37.5) hours in a calendar week at their regular rate of pay, the Company
will meet with the Union to review such schedules. If the employees have concerns, the
Union shall have the oppo1tunity to propose alternative schedules that meet business
requirements for consideration. The Company will not institute a bi-weekly schedule that
consists of shifts beyond 8 hours worked per day without an agreement between the parties.
9.07 In the event overtime is required the following will apply:
(a) For overtime that is to be less than a scheduled shift (i.e.: an extension of a shift),
overtime will first be offered to those senior employees at work with the present ability
and willingness to do the work in the classification(s) on the related production line or
in the work area where the overtime is required. Failing this, the Employer will assign
the work to employees at work with the present ability to do the work. Where
appropriate the Company will assign such overtime in reverse order of seniority.
(b): Where overtime is anticipated by the Employer to be one or more full shifts, the
overtime will first be offered to those senior employees with the present ability and
willingness to do the work in the classifications on the related production line or in the
work area where the overtime is required.
9.08 The parties agree that overtime should be avoided as much as possible however
under normal circumstances an employee required to work overtime will be given at
least two (2) hours' notice prior to the end of their shift.
If the overtime is expected to be 3 hours or more, on request the Company will attempt
to call in other employees who are qualified to do the work required and/or call
employees/shifts in early to support the required overtime. The Company will not force
employees to work more than 12 consecutive hours.
9.09 Night Shift \Vork Premium
For all hours worked between the hours of 7:00PM and 6:00AM an additional night premium of
ninety (90) cents per hour shall be paid.
ARTICLE 10- LUNCH AND REST PERIODS
10.01 In an eight (8) hour shift employees shall be scheduled for two (2) paid ten (10)
minute rest periods and one (1) unpaid thilty (30) minutes meal period for each shift worked.
As much as operations allow, breaks will be evenly distributed through out the shift.
For greater clarity, employees shall be scheduled for the following rest and meal periods:
a) up to a five (5) hour shift: one (I) paid ten (I 0) .minute rest period.
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b) more than five (5) hours and up to a seven (7) hour shift: one (I) paid ten (10) minute
rest period and one (1) unpaid thitiy (30) minute meal period.
c) more than a seven (7) hour shift: two (2) paid ten (1 0) minute rest periods one (I)
unpaid thirty (30) minute meal period.
d) where there is a compressed work week or bi-weekly schedule providing a schedule
beyond 8 hours shifts at the regular rate, the employees will receive additional breaks
as follows,
• scheduled shifts of more than 9 Ill's but less than 10.5hrs - an additional ten (I 0)
minute break.
• scheduled shifts of 10.5 ln·s but Jess than 12hrs - an additional fifteen (15) minute
break.
• 12 hr shifts, 2 ten (I 0) minute or 1 twenty (20) min break will be provided.
Should the said ove1time exceed one (I) hour's duration, a ten (I 0) minute rest period shall be
provided. Should ovettime exceed two (2) hours, the rest period will be t\venty (20) minutes.
ARTICLE 11- GENERAL HOLIDAYS
11.01 In lieu of payment or premiums as described in clauses 11.02 or 12.06 for general
holidays (excluding Christmas Day), employees will be eligible for t\vo weeks and t\vo days of
paid time off to be taken outside prime time. All time off must be taken by December 31 of the
year in which it was earned. Either of the t\vo (2) floater days may be requested in prime time
however such request is subject to the Company having the appropriate staffing to accommodate
such request and over time is not required.
In the event that employees receive compensation for the general holiday but have not yet
earned the general holiday and are no longer employed by the Company by either voluntary
or involuntary reasons, the general holiday(s) will be treated as vacation days and deducted
accordingly from the employee's vacation entitlement on tem1ination fi'om the Company
payroll system.
This program will discontinue and the contract will return to its original state should the
Labour Board or a Comi determine that this does not meet or exceed Statutory Requirements,
or should tllis provision not be cost neutral to the Company versus previous practice. The
Union will be notified by November 30, if the Company intends to discontinue the practice in
the following year.
11.02 The Company will allow to each of its employees governed by this Agreement, the
following general holidays, with pay, or any other day proclaimed by the Federal or Provincial
Government:
New Year's Day
Family Day
Good Friday
Victoria Day
Canada Day
Civic Holiday
Labour Day
Thanksgiving Day
Remembrance Day
Christmas Day
Boxing Day
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It is agreed that the status of the Family Day holiday will be amended to reflect any changes
that should occur under the Albetta Employment Standards Code.
Statutory Holidays will be scheduled the week before, the week of or the week after the
holiday occurs. Applicable to those not on the Stat program noted above.
11.03 No employee shall be requested to work on Christmas Day. Unless there is a mutual
agreement, production will not stmt before 2:00p.m. on New Year's Day, it being understood
this will affect the schedules for the balance of the week.
11.04 After working thitiy (30) days from date of employment, holiday pay for purposes of
the above will be based on the average daily hours worked by the employee in the four (4)
weeks immediately preceding the holiday to a maximum of eight (8) hours. However, in the
event of a work schedule where the maximum hours of work of an employee at straight time
rate consists of ten (10) or twelve (12) hours per day and where the work week at straight
time rate consists of thirty seven (37.5) hours per week or seventy five (75) hours bi-weekly
then, the calculated holiday pay will be to a maximum of twelve (12) hours.
For employees who are not on the combined Stat Program these holidays are granted on the
understanding that to qualify for a general holiday, with pay, the employee must work the
full scheduled working day preceding his or her holiday, and the full scheduled working day
after the holiday.
Those not on the Statutory Holiday program and who work on the Statutory Holiday
will be entitled to a day off in lieu the week before, the week of or the week after the
holiday occurs. Should the employee not receive their day off in lieu as noted, the
employee will receive the overtime rate for the hours worked, based on the calculation
outlined in Article 11.04.
Those employees not on the Statutory Holiday program who do not work on a
Statutory Holiday, will still be entitled to a reduced work week that will include a day
off in lieu to be taken the week before, the week of or the week after the holiday occurs.
Statutory Holiday pay for those who do not work on the Statutory Holiday will be
calculated in accordance with Article 11.04.
ARTICLE 12 - ANNUAL VACATIONS
12.01 Vacation will be scheduled within each depattment (and in production by line) with
selection by seniority within each classification provided employees remaining have the
present ability to perform the available work in a proficient manner.
The company's vacation year will be the period from January 1st to December 31st. A notice
will be posted on November 1st of each calendar year, requesting employees to state their
choice of vacation dates for the following calendar year. Such notice will be removed by the
Employer at the end of that month and the vacation schedule prepared and posted within ten
days. Requests to reschedule vacation periods after tllis date will be considered by the
Employer; however, the requested changes will not be made if, in the opinion of the
Employer, the rescheduling will interfere with the vacations of other employees or with the
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Employer's operating needs. All full time employees will have the opportnnity to schedule 2
weeks vacation between the prime vacation period of May 1 to September 301h;
(a)
An employee with one (!) year or more but less than five (5) years of continuous
service as at January 1st of the vacation year shall be entitled to two (2) weeks vacation. Pay
for such vacation shall be four percent (4%) of the employee's earnings in the previous year.
(b)
An employee with five (5) years or more of continuous service as at January 1st of the
vacation year shall be entitled to tlu·ee (3) weeks vacation. Pay for such vacation shall be six
percent (6%) of the employee's earnings in the previous year.
An employee with ten (10) years or more of continuous service as at January 1st of the
(c)
vacation year shall be entitled to four (4) weeks vacation. Pay for such vacation shall be eight
percent (8%) of the employee's earnings in the previous year.
(d)
An employee with Eighteen (18) years or more of continuous service as at January 1st
of the vacation year shall be entitled to five (5) weeks vacation. Pay for such vacation shall be
ten percent (10%) of the employee's earnings in the previous year.
(e)
An employee with Twenty Five (25) years or more of continuous service as at January
1st of the vacation year shall be entitled to six (6) weeks vacation. Pay for such vacation shall
be twelve (12) percent of the employee's earnings in the previous year.
12.02 Employees who have attained 15 years of consecutive service will qualify for the
following:
(a)
3 weeks vacation within the prime vacation period, and the other week at some time
outside the prime vacation period. If vacation weeks are available employees may schedule
the 3 weeks consecutively.
(b)
At the request of the employee, 4 weeks may be taken consecutively at some time
outside the prime vacation period.
12.03 The prime vacation period shall be from May 1st to September 30th each year.
However, this shall not preclude an employee fi·om making a mutually satisfactory
anangement with his supervisor or foreman to take all or part of his vacation at a time other
than the prime time vacation period.
12.04 (Subject to 11.01) If a public or statutory holiday occurs during an
employee's vacation, the employee shall be entitled to one (I) extra day of vacation or he
may elect to receive one (I) day's pay in lieu thereof. The arrangement for the extra day's
vacation or pay in lieu thereof shall be made with the employee's foreman before the
employee commences his vacation.
12.05 Employees who have 4 or more weeks of vacation entitlement may give up one week
of vacation in exchange for 2% of their previous year's earnings.
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ARTICLE 13 - SENIORITY
13.01 New employees will not gain any seniority standing until they have worked 60 shifts
(or 4 months). Seniority will then date back to the date of hire. During this period they shall
be considered on a trial basis and may be discharged or laid off by the Company without any
recourse to the grievance procedure.
13.02 Within thhty (30) days after the signing date of this Agreement, the Company will
prepare and post on the bulletin boards a seniority list showing the names and seniority dates of
employees. Seniority lists will be posted each six (6) months and will show the classification of
employees at the time of posting. A copy of the seniority list will be sent to the Union office.
13:03 Provided employees have the skill, ability and the physical capabilities to perform the
classifications remaining seniority will be the governing factor in:
(a) all cases of lay off due to lack of work ,
(b) displacing the junior employees within their classification or the most junior person
in the plant in order to obtain up to full weekly hours and the request does not
qualify him for ove1time,
(c) recall to work following lay-off,
Where practical, training opp01tunities and scheduling practices will be done by seniority. The
objective is to ensure those with greater seniority have the skill sets to enhance their job
opportunities within the plant. Persons trained will provide their skills in jobs as required.
Seniority so exercised shall be on a plant wide basis and include a trial/training period of up
to ten (1 0) working days. This trial period is not applicable to (b) above except where the
employee is bumping into that position on a permanent basis. Employees who wish to
exercise (b) above must provide 48 hours notice.
13.04 Employees who have completed the probationary period and who are laid off due to lack
of work will retain seniority and the right to be recalled to work, as follows:
(a)
Up to six (6) months seniority at the time oflay offfor a period of six (6) consecutive months
(b)
Over six (6) months of seniority at the time of layofffor a period equal to his seniority but not exceeding twelve (12) consecutive months.
13.05 An employee being recalled to work following lay off shall return to work within ten (10)
days after the date of recall or forfeit any claim to re-employment by the Company.
13.06 A recall to work which is not possible to make by telephone, shall be by registered letter
or courier, addressed to the last address recorded in the Company records.
13.07
(a)
(b)
(c)
A person shall lose all seniority and his employment shall be terminated if he:
quits;
is discharged for just cause
is absent from work without contacting the Company for three (3) working days
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(d)
(e)
overstays an authorized leave of absence.
Is absent from work for 24 consecutive months
In c and d above the employee may provide an explanation as to his absence which will be
reviewed by the Company. In the event the Company does not accept the explanation given,
the Union may refer this matter to the grievance procedure.
ARTICLE 14- JOB POSTING
14.01 A notice of any team member or Group 2 support team member position which
becomes vacant or new full time team member or Group 2 support team member position is
created, the Company agrees to post the position on the plant bulletin boards within five (5)
working days after such vacancies occur, for five (5) working days. During this period
employees who have completed the probationary period may make application, in writing,
for transfer to the posted vacancy.
Candidates will be selected by seniority subject to the employees being of equal merit, skill,
ability and have the physical capabilities to perform the classification requested.
In the event the Company refuses an applicant due to their physical capabilities the candidate
may request that the Company provide for an independent medical/physical abilities testing.
Posted jobs shall be those that are created or vacated and it is deemed that the position
will be maintained, for example Team Member, Breadline.
(maintained will be defined as a vacated position that is expected to continue as a full time
position beyond 4 months)
Merit will be defined and may be used in the selection process where an employee has
documented disciplinary letters for attendance, tardiness and/or insubordination on file and
issued within 12 months of the job posting being posted.
Where there is a senior applicant who does not have the current skill to perform the posted
position and who meets the other requirements of this procedure will be provided the
trial/training period prior to determining who will be awarded the posting. (The Company
may exclude Maintenance depmiment postings from this clarification)
14.02 An employee who receives a transfer through the posting procedure shall not be
permitted to apply again until four (4) consecutive months have elapsed.
14.03 The Company may fill any vacancy on a temporary basis until the posting procedure
contained herein has been fulfilled.
14.04 A job shall not be considered as vacant for posting where an employee is on vacation, is
absent due to illness or leave of absence, or where an employee has been laid off and can be
recalled to a job.
14.05 Only the original vacancy and the job from which transfer was made will be posted. Any
vacancies created beyond the second posting will not be posted but will be filled in accordance
with the terms of Article 13.03.
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14.06 Successful applicants for a job posting who fail to meet the job requirements after a 2
week trial/training period shall reve1i to their original job. The trial period may be extended
by mutual agreement between the Company and the Union. The applicants to the original job
posting will be considered as outlined in this miicle. When bidding for more than one (1)
posted job at a time applicants shall indicate their preference.
If he is not satisfactory he shall reve1t to his former job, i.e. the one he held at the time he
applied for the posted vacancy. Other applicants to the original job posting will be considered
as outlined in this miicle.
ARTICLE 15- NEW CLASSIFICATIONS
15.0 I Classifications, titles, and rates thereof for any new classifications or position that may
thereafter be established, shall be subject to negotiation .between the Company and the Union,
and a supplementary agreement shall be executed in respect to any such new positions or
classifications.
ARTICLE 16 - UNION SHOP CARDS
16.01 The Company agrees that it will display in its establishment, the designation of a "Union
Shop", as supplied by the Bakery, Confectionery and Tobacco Workers' and Grain Millers
International Union.
ARTICLE 17- TOOL ALLO\VANCE
17.01 In January of each year, employees classified in a trades category in the Maintenance
Department will be entitled to a $600.00 equipment allowance. Employees will be reimbursed
funds from this allowance upon providing proof of purchase to the plant manager for the
Reimbursement shall be made to
necessary tools and equipment to be used in the plant.
employees in a timely manner. There will be no carryover of this entitlement fi·om year to year.
Employees who leave the Company for any reason within three (3) months of reimbursement being paid, agree to repay the Company for the reimbursement given.
ARTICLE 18- SAFETY COMMITTEE
18.01 The Union and the Company will cooperate in developing and maintaining the high
standards of safety with the objective of reducing and, where possible, eliminating the causes
of industrial accidents. The union and the employer agree to constitute a joint health and
safety c01rm1ittee consisting of a minimum of four members with an equal number of
representatives from the union and the Company, which shall identify potential health and
safety risks and recommend the means of improving the level of health and safety.
Where the company requires employees to wear company approved safety footwear, such
wearing shall be a condition of employment and must be worn on duty at all times.
Employees will be reimbursed for such footwear up to an allowance of one hundred dollars
($100.00) per pair of shoes after each two thousand (2000) hours of work. Some
depa1tmental exceptions may be necessary and will be reviewed by the Company.
- 15 ARTICLE 19 -LEAVE OF ABSENCE
19.01 (a) Leave of absence without pay and without loss of seniority will be granted to not
more than two (2) employees at a time to attend Union conventions and functions. The total
accumulation of such leave shall not exceed thiliy (30) working days in any twelve month period.
(b) An employee who is selected to work on a full-time basis for the Union will be
granted leave of absence without pay and seniority will accumulate for a period of fmiyeight (48) consecutive months. Tlus period may be extended by mutual agreement.
(c) Leave of absence granted in accordance with (a) and (b) above shall be in writing.
19.02 Leave of absence, without pay, and without loss of seniority, may be granted to any
employee by the Company for personal reasons. In such cases the Company will supply a
statement in writing, to the Union, the Employee and one copy for the Company's files.
ARTICLE 20 - BEREAVEMENT LEAVE
20.0 I Each full-time employee who has completed three (3) months of consecutive service will
be allowed three (3) days leave of absence, with pay, in the event of the death of his Father,
Mother, Sister, Brother, Spouse, Child, Grandmother or Grandfather. Such leave shall be for the
purpose of making arrangements for and attending the funeral. Only that pmtion of three (3)
days that would otherwise have been time worked will be paid. As used herein, the terms
"Father" and "Mother" shall be deemed to include "Step-father" and "Step-mother". Pmt-time
employees who are scheduled to work less than three days shall be eligible for one day paid
bereavement leave.
20.02 Where a death involves a Father-in-Law or Mother-in-Law, one (I) working day off will
be allowed, with pay, to attend the funeral.
ARTICLE 21- SANITARY CONDITIONS
21.0 I Baking premises shall be kept clean and sanitary throughout. All employees shall keep
their persons in a clean and sanitary manner. Within thirty (30) days following the signing of the
Agreement, the Company will supply and launder uniforms for all inside employees.
21.02 All employees shall, at all times, supp01t the sanitation effmts of the facility by
keeping all floors and equipment clean.
21.03 It shall be the duty of the employees to co-operate and assist in maintaining the utensils
and conveniences of the plant in good order, and to refrain from misusing or defacing them, and
to refrain from any conduct which would tend to depreciate or render unsanitary any such
utensils or conveniences.
21.04 The Company and the Union agree that the use of tobacco in any fmm, in any pmi of
the Bakery where products are produced or handled is prohibited, and that breach of this rule
shall be cause for instant dismissal.
- 16 -
ARTICLE 22- SEVERANCE PAY
22.01
In the event of amalgamation/permanent closure of plant, or department thereof, or
automation, or contracting out causing a regular full time employee to lose his or her
employment, the Company hereby agrees to pay such employee's severance pay, at
his/her regular rate of pay as follows:
Two weeks pay for every year of service for all regular full time employees to a
maximum of fifty (50) weeks.
22.02- Volume Reduction
In the event a 50% production volume reduction occurs and results in permanent lay-offs the
following severance provision will apply:
(a) one week of pay per year of service for all employees with 9 years or less
(b) two weeks for every year of service for all employees with 10 years or more to a maximum of
30 weeks.
22.03 An employee who loses his employment in accordance with the terms of this article may
elect to receive his severance pay as soon as possible or he may elect to be placed on a recall list
subject to recall in accordance with the terms of the seniority provisions of this Agreement. If
the employee elects to receive his severance pay as soon as possible after losing employment or
at any time during the recall period, he shall forfeit any claim to employment with the Company.
An employee who elects to be placed on the recall list and who is not recalled within twelve (12)
months, shall be paid the severance pay to which he was entitled at the time he lost his
employment.
ARTICLE 23- AUTOMATION
23.01 Where the Company introduces automatic equipment or any new technology which
may cause regular full-time employees to lose their employment, the Company will meet
with and advise the Union as far in advance as practicable of the patticular situation and its
expected implications.
ARTICLE 24- BENEFITS
24.01 The Company/Employee cost share will be 75% employer and 25% employee for
Health and Welfare benefits which will include life insurance, weekly indemnity, dental plan,
medical and hospital plans.
The Company/Employee cost share will be 50% employer and 50% employee for the Long
Term Disability benefit.
24.02 Life Insurance shall be thi!ty two thousand dollars ($32,000).
24.03 Weekly Indemnity will be provided to all employees eligible for the Benefits Plan based
on sixty six and two thirds (66 2/3) of individual weekly earnings exclusive of ovettime. The
duration of the Weekly Indemnity Benefit will be for a 26 week period.
- 17 -
24.04 The basic Dental Insurance Plan will include dentures. 100% reimbursement based on a 9
month recall schedule. Crowns & bridges will be covered at 50%. The 1997 Albe1ta provincial
dental fee guide plus ammal provincial adjustments made by the Insurance carrier to attain coverage
based on a 2 year lag. (example current year 2007, 1997 fee guide with adjustments to 2005) $1000
maximum in any calendar year for insured member and for each dependent.
24.05 Each employee and their eligible dependents shall be entitled to up to $100 to assist in
payment for prescription eye wear. This benefit is available once every two years per eligible plan
member. Exams, $32.00 in any 2 consecutive years.
24.06 The benefit level of the Long Term Disability plan will cover 50% of the employee's
current weekly rate exclusive of overtime to a monthly maximum of $1,500.00 effective
February 01, 1998.
24.07 A Prescription Card will be provided to all employees who are eligible for the Benefits
Plan. One card will be provided for employee's covered under single coverage and two cards
will be provided for employee's covered under family and family plus coverage. Additional cards
will be at a cost to the employee of $25.00 each.
Drug definition is based on the "Provincial Formulmy", drugs legally requiring a prescription, and
generic drugs where applicable.
I 00% reimbursement for Company owned drug store and 70% reimbursement for non-company
owned drug store.
There is a $6.50 dispensing fee cap.
Not covered - "Life-style Drugs" (exception bi1th control, smoking cessation. Smoking cessation will
have a lifetime cap of$400.00.)
24.08
New: mthopaedic shoes or custom made inserts prescribed by a Podiatrist with a $300.00
max every 2 years
To be eligible for coverage an employee must have worked an average ofthitty two (32) hours
per week in a seventeen (17) consecutive week period. An employee who does not submit the
required forms will be disqualified. Hours worked for purposes of this clause include
Company paid time off (vacations and statutory holidays) and, absence due to illness for more
than ten (1 0) working days.
Students will not be eligible for the benefit plan.
If an employee is laid-off, restricts their availability for full time employment or does not
maintain an average ofthitty two hours (32) per week over a thirteen (13) week period, will have
their benefits discontinued. Upon re qualifying benefits will be reinstated.
24.09 The Company agrees to maintain the benefit coverage as provided for in this agreement
and that the Union will be notified of any changes to onr Insurance providers.
- 18 -
24.10 Retiree Benefit Plan
Employees with 25 years of service who retire on pension will have the oppmtunity to
patiicipate in a benefit plan that will include basic dental, prescriptions and Provincial Health
Care. Coverage will terminate at age 65 or when the employees returns to full time
employment. Effective January I, 2008 the cost share will be 50% employer and 50%
employee.
Employees who retired prior to ratification of tins agreement will maintain a cost share of
75% employer and 25% retiree.
ARTICLE 25- PERSONAL/SICK LEAVE HOURS
25.01 Full time employees as of January 1'' each year will receive 30 hours credited to a
personal day's bank. Any hours remaining in the bank in the last pay period of the year
will be paid out.
25.02 The Company shall, upon request, be provided with verification of illness of the
employee in the form of an authentic medical ce1iificate.
25.03 Any employee found abusing the above privilege, shall be disciplined by the
Employer. The Employer may discontinue or reduce the benefits of said employee, or
terminate his employment.
ARTICLE 26- JURY DUTY
26.0 I A regular full-time employee who has completed the probationary period and who is
required to perfmm jury duty or witness duty where subpoenaed to appear in a comi of law,
shall not suffer any loss of normal wages thereby, subject to the following conditions.
(a)
Such employee shall be required to repmi for work on any days or half days he is not
required to sit on a jury or remain in the Comi room but shall not be required to report for
work ifless than two (2) hours of their normal shift remains to be worked.
(b)
Such employee shall furnish the Company with such eanlings as the Courts may
provide.
ARTICLE 27 -PENSION PLAN
(a)
The Employer hereby agrees to be bound as a pa1ty by all the terms and provisions ofthe
Agreement and Declaration of Trust dated September 13, 1993, as amended, establishing
the Bakery and Confectionery Union and Industry Canadian Pension Fund (hereinafter
called the Fund) and said Agreement is made part hereof by reference.
(b)
Commencing on the 25th day of February, 2007, the Employer shall make payments
to the Bakery and Confectionery Union and Industry Canadian Pension Fund (the
"Fund") for each employee working in job classifications covered by the Collective
Bargaining Agreement.
- 19 For each hour or portion thereof for v,rllich an employee subject to the Collective
Bargaining Agreement receives pay, the Employer shall make a contribution of
$2.8954 to the Fund but not more than $108.58 per week for any one employee.
(c)
It is agreed that the Pension Plan adopted by the Trustees of the said Pension Fund
shall be such as will qualify for approval by the appropriate Canadian Govenunent
D epartments, so as to enable the Employer to treat contributions to the P ension Fund as
a deduction for income tax purposes.
(d)
Contributions provided for herein shall be paid monthly and shall be accompanied by a
completed remittance report. Both payment and repmt are due on the 1oth day of the
month following the month covered by the report. In the event the employer fails
promptly to pay amounts owed the, employer shall pay such collection costs, including
court costs and reasonable attorneys' fees, as the Pension Fund shall incur, and shal l pay
interest at such rate as the Trustees shall fix from time to time.
(e)
The payments so made to the Fund shall be used by it to provide retirement benefits for
e ligible employees in accordance \Vith the Pension Plan of said Fund, as detennined by the
Trustees of sa id Fund, to be applied to the eligible employees based on the amount of
employer contribution.
(f)
This clause encompasses the sole and total agreement between the Employer and the Union
\Vith respect to pension or retirement.
ARTICLE 28- DURATION OF AGREEMENT
30.01 This Agreement shall take effect and be binding upon the parties from January 9, 2012
until December 31, 2016 and shall continue in effect from year to year thereafter, unless notice
of termination or notice of revision thereof is given by either party, in writing, by registered mail,
at least thirty (30) days and not more than sixty (60) days immediately prior to the natural
expiration date of same.
DATEDAT CALGARY,ALBERTAthis
~~
SIGNED ON BEHALF OF THE COivfPANY
Z Z/
zt.?/_?
SIGNED ON BEHALF OF THE UNION
- 20 -
APENNDEX A
Hours
From
0
501
1001
1501
2001
2501
3001
3501
4001
4501
5001
5501
6001
6501
7001
7501
8001
8501
9001
9501
10001
10501
11001
11501
12000+
To
500
1000
1500
2000
2500
3000
3500
4000
4500
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
10500
11000
11500
12000
Former Group A Employees
Maintenance
1 ticket
2 tickets
2011
2012
2013
2014
2015
2016
13.00
13.29
13.57
13.86
14.14
14.43
14.72
15.00
15.29
15.57
15.86
16.15
16.43
16.72
17.01
17.31
17.61
17.91
18.21
18.51
18.80
19.10
19.40
19.70
20.00
13.33
13.62
13.91
14.21
14.49
14.79
15.09
15.38
15.67
15.96
16.26
16.55
16.84
17.14
17.44
17.74
18.05
18.36
18.66
18.97
19.27
19.58
19.89
20.19
20.50
13.59
13.89
14.19
14.49
14.78
15.09
15.39
15.68
15.99
16.28
16.58
16.88
17.18
17.48
17.78
18.10
18.41
18.72
19.03
19.35
19.66
19.97
20.28
20.60
20.91
13.86
14.17
14.47
14.78
15.08
15.39
15.70
16.00
16.31
16.60
16.91
17.22
17.52
17.83
18.14
18.46
18.78
19.10
19.42
19.74
20.05
20.37
20.69
21.01
21.33
14.21
14.53
14.83
15.15
15.46
15.77
16.09
16.40
16.71
17.02
17.34
17.65
17.96
18.28
18.59
18.92
19.25
19.58
19.90
20.23
20.55
20.88
21.21
21.53
21.86
14.49
14.82
15.13
15.45
15.77
16.09
16.41
16.72
17.05
17.36
17.68
18.01
18.32
18.64
18.96
19.30
19.63
19.97
20.30
20.64
20.96
21.30
21.63
21.96
22.30
2011
20.94
2012
21.46
2013
21.89
2014
22.33
2015
22.89
2016
23.35
28.40
29.40
30.00
31.00
30.60
31.62
31.21
32.25
31.99
33.06
32.63
33.72
I Lead ~and
Premtum
$2 hour
- 21 Group 3- Support Team
members max out at 5001 hour
level
Group 2 -Support
Team members
max out at 9501
hour level
Group 1 - Team
member to the
1,200 hour level
Scrambler
Bread
Bread
Asst. shipper
Oven
Wrapper operator
Pans on/off
Panstacker
Relief
Packing and traying
Rolls
Mixer/Divider
Sanitation Helper
Roll Wrapper
Rolls
General Help
Divider
Mixer
400 Oven
Oven (600 line)
Sanilation
Relief
Receiver
Shippers
Should the Company increase the start rates, employees who were hired previously will not be
affected unless the new start rate exceeds their current rate.
Employees who currently have a rate above the classification rate (plus the $2 LH premium)
will receive the increases on the classification rate only.
- 22 -
Letter of Understanding
Resignations and Buyouts
The Company, at its sole discretion, reserves the right to offer retirement or resignation
allowances to existing employees.
DATEDATCALGARY,ALBERTAthis
~c~y-= 27,r ZC?I,?
SIGNED ON BEHALF OF THE COJv1PANY
SIGNED ON BEHALF OF THE UNION
- 23 -
Letter of Understanding
Pension Plan
For the purposes of Article 27, this letter is part of the collective agreement.
The parties agree that provid ed there is no increase to the current contribution rate the
Company will not be r equired to make contributions prior to the employee completin g
one (1) year of continuous ser·vice.
SIGNED ON BEHALF OF THE
CO~tfP ANY
SIGNED ON BEHALF OF THE UNION
- 24 -
Letter of Understanding
Former Group A employees
The parties agree that all former group A employees (except maintenance) who maintain or
attain a group 1 or group 2 position will be red circled at their current rate of pay. (maintain
their current rate of pay) If an employee is currently classified as a non operator and as a
result of tllis letter attains a group 1 position, the employee will receive the operator rate of
pay. Employees who currently do not have a group 1 or group 2 position will be given the
opportunity to attain a group 1 or group 2 position within 3 months from the date of
ratification. No non operator classified employee will have their wage rate reduced prior to
having the above opportunity.
It is the intention of the parties to ensure all group A employees maintain or increase their
current rate of pay subject to V·.'orking in the group 1 or group 2 classifications.
DATEDATCALGARY,ALBERTAthis
~y: ZZr 2i:l/j=
SIGNED ON BEHALF OF THE COMPANY
SIGNED ON BEHALF OF THE UNION
- 25 -
Letter of Understanding
Su1n1ner Roll Shift Extensions
In the event an employee '"'ho has volunteered or is selected to move from their posting or
line to a position on the extended summer roll schedule, the employee will when the sununer
shifts are completed move back to their posted position or line which they left to take the
sununer roll position. In the event their former position has been eliminated, the employee
will have the option to exercise their seniority under article 13.03.
DATEDATCALGARY,ALBERTAtllis
SIGNED ON BEHALF OF THE COMPANY
~?&Ay
z;;; ZCJ/,?
SIGNED ON BEHALF OF THE UNION
- 26 -
Letter of Understanding
Scheduling Committee
The Company and the Union agree to have a scheduling committee consisting of 3 members
appointed by the Union who v,rill meet with the Production Supervisor, when required and as
necessary to review:
1. scheduling practices
2. business requirements
3. employee solutions
The Committee together with the Production Supervisor will be accountable to conmmnicate
resolutions or best possible options that will provide an optimal schedule for the majority of
the employees while meeting business requirements.
Prior to any proposed resolution being introduced to the general membership that may be
outside of the tenns of the Collective Agreement, the Committee will forward such proposal
to the Union office and Director of Labour Relations, for review and consideration. If
approved by the majority of the members affected it will be implemented through a letter of
Understanding.
SIGNED ON BEHALF OF THE COMPANY
SIGNED ON BEHALF OF THE UNION
- 27 -
Letter of Understanding
Previous Comparable Experience
When the Company hires a new employee \Vith previous comparable experience the
Company may provide consideration for the experience crediting hours towards the
progression scale
DATEDATCALGARY,ALBERTAthis
SIGNED ON BEHALF OF THE C0~1PANY
:z;;;;~y Z.( ZCJtj'
SIGNED ON BEHALF OF THE UNION