897-0156-08 - Pages - Home
Transcription
897-0156-08 - Pages - Home
~ 0 ' ~ COLLECTIVE AGREEMENT BETWEEN . TEAM INDSUTRIAL -AND-NATIONAL AUTOMOBILE, AEROSPACE, TRANPORTATION & GENERAL WORKERs UNION OF CANADA (CAW-CANADA) AND ITS LOCAL UNION #1285 Effective: November 1, 2005 Expires: October 31, 2008 TABLE OF CONTENTS Article 1 - Purpose and Intent .......................................... . Article 2- Recognition ...................................................... . Article 3 - Union Security ................................................. 2 Article 4- Sexual Harassment............................................ 3 Article 5 - Relationship...................................................... 3 Anicle 6- Seniority ........................................................... 4 Article 7 - Loss of Seniority............................................... 5 Article 8 - Layoffs and Recalls .......................................... 5 Article· 9 Article 10Article I I Article l2Article 13- Wage Administration and Rate Protection........ GrievanceandArbitratiot1 Procedure ................ 7 7 Leave of Absence............................................. 9 Pregnancy and Parental Leave ........................ 10 Public Office Leave of Absence .................. 10 Article 14- Paid Education Leave ...................................... II Article 15 - Shift Premium ... ,,,,,........................................... 12 Article 16- Reporting in Pay .............................................. 12 Article 17- Emergency Call-Back Pay ............................... 12 Article 18 Article 19Article 20Article2lArticle 22Article 23Article 24 Article 25 Article 26- Article 27Article 28Article 29Article 30Article 31 - Jury Duty ......................................................... 12 Bereavement Leave ..... .. 13 Bu11etin Board ................................................. 13 Pay Day .......................................................... .. 13 14 Copy of Agreement ........................................... Strikes and Lockouts ......................................... Classification and Wages ............................... ... Hours of Work and Overtime ............................ Union Representation ....................................... Work by Supervisors ......................................... Crew and Job Postings ...................................... Equipment and Tools ........................................ New Employee Orientation ............................... Administration of Discipline-------~.................... 14 15 IS 17 19 19 19 20 20· Article 32- Health and Safety .............................................. 21 Article 33 - Vacations ........................................................ 23 Article 34- Holiday Pay Plan .............................................. 24 I Article I Pnrpose & Intent TABLE OF CONTENTS- continued Article 35 - Group Insurance Benefits ................................. 25 Article 36- Weekly lndemnity Plan ................................. ,... 27 Article 37- Substance Abuse ............................................... 27 Article 38- Cost of Living Allowance ................................. 28 Article 39- Pensjon Plan ...................................................... 28 Article 40- Personal Paid Days (P.P.D's) ............................. 28 Article41- Termination ....................................................... 29 Article 42- Restructuring Incentives .................................. 30 Article 43 - Voluntary Severance Regarding Sale of Company/Contract .............. 3 I APPENDIX "A" Part 1ime Employees and Casua1 Part Time Employees ....................................... Group Self-directed SUB Fund .............. ~ ............................... Letter of Understanding l- Job Assignments .................... Letter of Understanding 2- Lockers, Gloves, & Rubber Boots ........................ Letter of Understanding 3- Chrysler Car Purchase Plan ... Letter QfUnderstanding 4- Health and Safety ............... ,... Letter ofUnderstandjng 5- Work Ownership .................... Letter of Understanding 6- Union Representation ............. Letter of Understanding 7- Waterlblasters ......................... LetterofUnderstanding 8 .................................................... Leuer of Understanding 9 .................................................. Letter of Understanding 10- RE: Employment Standards ... Letter of Understanding 11 .................................................... Letter of Understanding 12- RE: Dependent Scholarship Program ............. Letter of Understanding 13- New Tech ............................... Letter of Understanding 14 ................................................... Letter of Understanding 15 .................................................... Basic Education Skills Training {B.E.S.T.) ............................ Miscellaneous ........................................................................ The general purpose, of this agreement is to set forth terms and conditions of employment and to promote orderly and peaceful labour relations for the mutual interest of rhe company, the em~ ployees and the union. To these ends, the union artd the company encourage to the full~ est degree friendly and cooperative relations between their respective representatives at aU levels and among all employees. Article 2 Recognition 1. Employees Covered I. 32 34 37 38 38 38 38 38 39 40 40 40 40 40 41 41 4I 42 43 2. The company recognizes the union through the Ontario Labour Relations certificate dated June 1, 1993 as the sole collective bargaining agent with. respect to all its employees Ln the bargaining unit at the Bramalea Chrysler Plant. 2000 Williams Parkway, Bramalea, save and except supervisors, persons above the rank of supervisor, office and clerical staff and technical and sales staff. Gender Nentral The feminine pronoun shall include the masculine (& vice versa) when context so requires. 3. Management Rights The company bas the exclusive right to; 1. Operate and manage its busine..'>s in all respects in accordance with its obligations. 2. Direct the working forces of the company, to maintain order, discipline and efficiency and to establish and enforce reasonable rules and regulations to be observed by employees. This includes but is not Ii:mi1ed to the right to hire, promote, demote, transfer and lay-off employees and to suspend, discipline and discharge em· ployees for just cause. The company in exerclsing its rights in the administration of this collective agreement shall do so in a fair and reasonable manner. -I- . L_-----~~--~---~~~--·-·=·=·--~·-"•"'-"" ) 4_ No Discrimination The company and the union agree that there shall b!! no discrimination, harassment, interference, restriction or coercion exercised or practiced with the respect to any employee by reason of age, marital status, sex, mce, creed, colour, national origin, political or religious affiliation, sex.ual orientation nor by reason of union membership or activity. Article 3 Union Security The company will deduct from the first pay of each month, from each employee, the regularly established dues of the union. They wit! remit such amounts to the union by the fifteenth (15th) day of the month following the month in whlch the monies were deducted, together with a list of employees from whom such deduCtions were made. fee to be deducted in line with constitutional requirements of the National Office_ The company agrees to send to the union, within one (I) month of their hiring, the names and classifications of all new employees. Article 4 Sexual Harassment The parties recognize the problem of sexual harassment in the workplace and are committed tO ending ir. Sexual hara~mem .~hall be defined as unwanted at[enrion of a sexual nature, such as remarks about appearance or personal life, offensive written. or visual action.s. such as graffiti or degrading picwres, physical contact, or sexual invitations or demands. The company shall include the amount of union dues paid on the employees T-4 Income Ta'\ slip. Grievances under this clause will be handled with all possible confidentially. ln settling the: grieV'ance, every effort wil1 be made to discipline and/or relocate the harasser, not the victim. Deductions will be made from the annual vacation pay on the basis of one ( l) weeks dues for each week of paid \'acation. Article 5 Relationship lt is understood and agreed that the union will indemnify and save the company harmless from any and all daims which may be made against it by an employee or employees for union dues deducted from wages as herein provided_ 1. The union and employees will not engage in union activities or hold meetings in or on the property on the company and/or Chrysler Canada l.ti:L, during working hours without the permission of the site manager/designate. The company will supply the union with the following on a monthly basis: L A list of all members in the bargaining unit regardless of whether or not they paid dues in the months. 2. Each member's mailing address. 3. The employee number_ 4. Each mem'?er's hourly rate or equivalent. 5. Each member"s srnws, Le. at work, on vacation, weeklv sick benefits, L.T.D., W.S.LB., in the month and any other ieaves of absence. 6. Number Of hours worked. 2. Tbe union representative/designate will have reasonable ac- The financial Secretary of the Local Union will notify the Company of any change in the amount of union dues and/or initiation cess to the work site to allow conduct union business. The union representatlve agrees to pre-arrange visits where practicable but, in any event, will notify the si!e manager/ designate of his visit and any requirementS re: access to bargaining unit personnel. 3. Data to be supplied to union: The company will supply the union committee with the following information upon request. a) Employees wryo acquire seniority b) Employees by rate and classification c) Employees transferred irlto and aut of the bargaining unit d) Employees on leave of absence -2., -3..,...--.,-,--,----··--·-·--- . .,.~,·-.-·....,...-·~=-......,,·"'-..,...,,.,.-.~-- __ , -·. ·-·-... ) e) f) g) h) i) Employee s on sickness and accident or compe:;nsation and the date of the occurrenc e. Lay-offs and recalls Employee s who have Jose seniority Employee s who are discharged Names, addresses, and postal codes of all active employees I. Article 7 Loss of Seniority Seniority rights wiH be lost and the employee shall cease to be employed with th.e company for .any of the following reasons: A Jist offorepersons and supervisor s and ail non-bargaining unit personnel will be suppJjed by the company to the committee on a monthly basis. a) Quits b) discharged and not reinslated through the grievance or arbitration procedure s c) absent for five (5) consecutiv e working days without n reasonable excuse and/or fatls to notify the company during the five (5) day period of the reason for rhe absence d) Fails to report for work wlchin three (3) dt:~ys when notified by the company by registered mail at the last known address. e) Is laid off for five (5) years or time equal to seniority. whichever is greater (as per the Daimler Chrysler collective agreement .). Article 6 Seniority The fundamen tal rules respecting seniority are designed to give employees an equitable measure of security ba~ed on Je11gth of service with the company. Employee s will be considere d as [probationary employees for their first ninety (90) days of their empioyme nt. After !:hey have completed their probationa ry period. they shall be encered on the seniority list showing their seniority date as their hire date. f) Par.t Time employee s wm be considered as probationa ry em- ployees for the first forty five (45) days worked, The pmbation~ ary period will not app!y when a part time employee moves into a full time position. In the event more than one employee acquires seniority on the same date, 1he company will randomly assign each employee with a seniority code number, this number will be used in ,determining each employee 's seniority standing, i.e. lowest sel'!iority code number will be highest seniority standing on such d~te. Seniority lists (plant and classification) will be revised and posted every three (3) months. A copy of such list will be gi'ven to the union committee chairperso n. An employee , who has attained seniority and is transferred to a job not covered by this Agreemen t shall, in the event of a later transfer to a job covered by this agreement . again obtain seniority status as of the date of transfer out of the unit, pmvided the employee returns to the unit within six (6) months of this date of transfer. -4- Fails to report for work following an authorized leave of absence without obtaining an extension or is unable g) 2. to give a rea<>on satisfactor y to the company. In the event of a lay off of full time employees , the affected employees will have the option to bump a part time employee. A full tfme employee will continue to accumulat e seniority during rhe time he/she is working part time. It is the responsibi lity of each employee to promptly n01:ify the company of any change of address. If an employee fails to do this, lhe company will not be responsible for failure of a notice to reach an employee. Article 8 Layoffs and Recalls 1. In the event of a lay-off, employees haying the least seniority in tbe classificat ion to be reduced will be laid off first and, will be recalled based on the most senior employee by classification back to wort:: first. -5- ---- ---- ---- ---· -- I ··-··---·· ..... 2 An e~ployee, electing to exercise his/her seniority by bumping into another classification. wilt be retained provided he/she is satisfactorily able to perform the work to be done, after a three (3) day familiarization period and a formal assessment by the Joint Health and Safety Committee. 3. The union plant committee wilJ be retained in the employee of the company during their respective terms of office. not- 7. withstanding their position on the seniority list, so long as the company has work available which tbey are qualified for and wllling to perfonn. 4. The company will provide tlle chairperson of the union plant committee with a list of employees to be laid off or recalled, also any cancellation of such notices. 5. In the event of an indefinite lay-off, employees will be retained based on inverse seniority and training (to a maximum of one ( J) week will be provided) to perform tl'le work required. Where the employee will not be able to perfonn the work with training. Then the next senior employee who can perform the work with training will be retained. es. Upon ratification of this agreement, the company will schedule forty hours of employmerrt per week to all present full-time employees. This article will supersede any other contracruallanguage. Article 9 Wage Administration and Rate Protection I. An employee who is upgraded shall have his/her wages ad~ justed on the date of such assignment. 2. An employee wh.o is moved by the company to a lower paying job shall maintain his/her rate for a period of one (I) year. This rare protection will not apply to all employee moved from n temporary assignment or to an employee electing such a move. The employee will nm be required to perform the eliminated job. An indefinite lay-off is defined as a period exceeding two (2) weeks. In the event indefinite lay-offs occur, the company in conjunction with the plant committee will have up to 48 hours to move employees onto other crews in accordance with their seniority in conjunction with the union comm~ttee. 6. A temporary adjustment means a reduction in the working force necessitated by unplanned occurrences which require partial or fuiJ curtailment of operations and over which management has no control. Such occurrences are usually for a limited duration and are caused for example by parts or material shortages, machinery or equipment failures, temporary tooling or production difficulties, labour disputes, emergencies or acts of God. ln the event that the company requires a tempomry adjuStment in its workforce, the company agrees an emplOyee who has worked eight (8) hours during the week and the work week is canceled, the company will pay each employee 85% of his/her base rate on the normal pay period. No lay-offs will occur because of contntctual changes with DaimlerChrysler of Canada. Any changes to staffing levels or shift changes will be mutually agreed upon. No one employee can be terminared (for non~disciplinary reasons) or laid off for a period of time during the life of the collective bargaining agreement. Th.is Clause is not applicable in the case of DaimlerChrysler's down weeks (e.g. model Change, production adjustments, summer vacation). Jt is understood that Employees may be laid off during these circumstanc- ArticlelO Grievance and Arbitration Procedure I. The purpose of this article is to establish a procedure for the expeditious settlement of all grievances. 2. No grievance shall be considered where the circumstances giving rise to it occurred or originated more than ten (10) calendar days before the filing of the grievance, or the time when they may reasonably be deemed to have come to the attention of such employee. 3. The parties agree that the grieving party has a responsibility to discuss any concerns or complaints with appropriate members of the party/parties prioc to a written grievance being filed. -7- -6.. , ·-· ....,... "~· ., .. ·.·-·~...,..·· -··---·----- ) 4. Step l The aggrieved employee and the committee pe~on .shall meet with the superviso r within five (5) working days of the receipt of written grievance. A wriuen decision shall be ren- dered witbtn five (5) working days thereafter. 8. Th.e grievance procedure outlined in this agreemen t shall apply equaUy to a grievance lodged by a group of employees, a union policy grievance or to a company grievance. 9. The decision of the arbitrator shall be binding upon the par~ ties. Step2 Failing settlemen t, the written grievance should be submitted, within five (5) working days to the company~s general manager or his/her designate , who will meet with the griever, committe e person and union staff representati;ve to discuss the grievance. Step3 !0. The arbitrator shall not have the jurisdicti on to alter, or change, in any manner; the provisions of this agreemen t or to substitute any new provision in lieu thereof, or to give any decision contrary to terms and conditions of this agreemem, or in any way modify, add to or detract from, any provisjons of lhis agreement. Failing settlemen t, the grievance may be referred to an arbitrator, provided written notice of the party's intention to l L Each of che parties hereto shall jointly bear the expense of the arbitrator. (5) days of the giving of written notice, both parties will Leave of Absence refer the dispute to an arbi~ra[Or is given to the other party within ten (10) days after the Step 2 decision. Wiithin five exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten. (IO) days after the lists have been exchange d request the Ministry of Labour of the Province of Ontario to appoint an arbitrato r and shall provide the other party with a copy of such request. Names: W. Raynor, R. Kennedy. If more arbitrators are required, the Company and the Union will mutually agree on the names. 5. A grievance alleging improper discharge or suspensiqn of an employe e will commenc e at Step 2 ro expedite the process. 6. The time limits in this Article may be extended by mutual consent, in writing, of the union and the company. Grievances which are not processed in accordan ce with the time limits outlined will be: a) settled in accordan ce with the company 's last answer b) If not responde d by the company, the griever will be awarded compens ation as requested. The term working days will exclude Saturday s, Sllndays and holidays. 7. -8- Article Il 1. Any employe e's request for leave of absence up co one (1) year but greater than thirty (30) days wit! be granted with no loss of seniority once witb. in every two year period. The employe e will provide one month written notice to manage~ ment. Requests for teave of absence Jess than thirty (30) days will be granted with no loss of seniority. The employee will pro· vide twenty four hours written notice to managem ent. 2. All leaves of absence will be with(lut pay unless otherwis e specified. The employee may prepay benefit coverage for the duration of such leave if the coverage would normally cease during any leave period in excess of one (l) month's duxation. 3. Any employe e of the company elected or appointed to a full-time position in the Iocal union or national union, CAW will be granted a leave of absence by the company. Such Ieaves will remain in effect until notice to caner:! such leave is given by the union. Employe es who are granted a ~eave under the above sentence shallllav e their seniority and pensLon accrue while on such leave. -9- ---- ---· --·- --·- · -·-· ' I 4. Union leaves of absence to attend to union business outside tl'Je plant will be granted. The company will pay the emw ployee•s wages and will bill the union monthly for reimw leave is granted. additional leaves of absence for service in such office may be granted at the option of management upon written application by the employee. bursement. Any emp1oyee granted such leave of absence shall be entitled to reinstatement at the then current rate of pay, to such work as he/she may be entitled on the basis of the seniority provisions of this agreement. Seniority rightS will continue to accumulate during the period of such leave of absence. Employees who are granted a leave under lhe above will have their seniority .and pension acque while on such leave. 5. Emergency leaves will not require the one (1) month notice. Article 14 Paid Education Leave Article 12 Pregnancy & Parental Leave The company agrees to grant leaves for pregnancy and parental leave (including adoption) under the same tenns and conditions provided for in the Employment Standards Act of Ontario. The company shall provide a leave of absence for maternity, adoption and parental leave for the foil owing duration or ESA, whichever is higher: Maternity Adoption Parental 17 weeks 17 weeks 10 weeks ski !Is. Such monies will be paid on a quruterly basis into Lbe: P.E.L. Trust Fund CAW P.E.L. Program CAW Family Education Centre R.R.#I Employees shall also foe entitled to 80% of,their regular wages during the leave (inclusive of El benefits). Shou.ld for any reason an employee experience complica£ions it is understood and agreed that employees are entitled to STD benefits prior to e:-::pected delivery date and this time wiJl not be included in the above periods. Employees on the above leave shall be and privileges of active employees. Effective upon ratification, th.e company agrees to pay into a special fund five (5) cents upon ratification per hour per employee for all hours worked for the purpose of providing paid education ]eave. Such teave will be for upgrading employee en~itled to all benefits The time may be extended upon request of the employee by written request at least 2 weeks pr[or to the expiry of the leave. Article 13 Public Office Leave of Absence An employee with !leni.ority, elected or appointed to an essentially full-time Federal, Provincial, or Locat public office, may make written application for a leave of absence for the period of his/her first tenn of active service in such public office. If such CAW ad 257 Port Elgin, ON NOH2CS Member of the bargaining unit, selected by the union to attend such courses, will be granted leaves of absence without pay for up to twenty (20) days of class time, plus rra.vel where necessary. said leaves of absence to be intenni.ttent over a twelve { 12) month period from the first day of leave. Employees on said lea\'es will continue Lo accrue seniority and benefits during such leaves. The company agree.c:; to accompany each quarterly payment with the following information: - Local uniQn number -Bargaining unit covered -Number of employees - Number of hours used -Time period covered -1\- - 10- j ___ ._, __ ,,,_ ••,_ •. _<····--;-· "' ,., "_,_.. ....__,,;:.:..·'~''-':•··''·'"~-- ·--;;.,.;.;;.~...;,~....;.,:r.:_.,_.:...'-"--'• ----~-- Article 19 Bereavement Leave Article 15 Shift Premium An employee shall receive a shift premium payment of 5% {2nd shift, 10% (3rd shift) for each fuU or partial shift worked which oonunences on other than a day shift. 1st shift hours start at 6:00am or later. 2nd shift hours start at 2:00pm of later. 3rd shift 11ours start at 6:00pm or later. Applicable shift premium payments will be made on the basis of base rate, COLA and overtime premium. per the current prac- 1. The purpose of bereavement leave is to reimburse full time active employees for wage loss in the event of a death in tbe immediate family, or in the spouse's immediate family. 2. An employee will be reimbursed for a period of one (1) week of which the employee would otherwise have worked, for a death in the employee's immediate family. 3. Such reimborsement will be paid at the employee's regular wage including shift premium and COLA and is limited to absences occurring when he otherwise would have worked. An employee will not receive bereavement leave pay when it duplicates pay received for time not worked for any other reason. .An employee-1s immediate family is herein defined as the employee's current spouse, child, stepchild, parent, stepparent, sister, brother, stepsister, step-brother, Grandparents, Grandchildren, brother-in-law, sister-in-law, current spouse's parenrlstepparent and Granclparents. tiCe. Articlel6 Reporting iD Pay 4_ An employee reporting for work on his/hCr regularly scheduled shift who has not been properly notified not to report will receive a m.illimum of four (4) hours pay in lieu at the applicable rate or at least four (4) hoUIS employment at his/her regular rate. Article 17 Emergency Call-Bru:k Pay .An employee called back to work. after leaving the premises foilow:ing the completion of his/her regular sJJ:ift shall receive a minimum of four (4) hours pay based on their regular hourly rate. Bereavement leave falling during a scheduled vacation period will result in the vacation being canceled and rescheduled at a later date. 6. The days set out above are to be taken during the fourteen (14) day period following the death. Article 20 Bulletin Boards The uniOI;I shall be allowed to post on twq (2) bulletin boards, provided by the company, notices regarding meetings and matters pertaining only to the union. The bulletin boards shall be behind glass, with a lock, with an area no sm.a1ler than 4 feet by 4 feet and the union shall receive these boards within 30 days of this agreement. Article 18 JnryDuty The company will make up the difference t>etween the amount of money per day the employee would receive while serving as a member of a jury duty to an amount equal to the normal straight time pay for which the employee would have been eligible to receive for working chat day. Payment will be made upon provision of appropriate documentation. Payment will include any shift premium and COLA which the employee would have been eligible for had be/she worked. 5. Artide21 PayDay 1. Employees will be paid weekly by direct deposit to their £· bank accounts. -13- -12- • ) .<-,.~,.~·,..... 2. 3. -··.... ~·: •<.. Pay shortages of two hours OJ(' more will be made up by manual check to the employee no later thao the Friday of the affected pay week. The manual cheques will be paid out for the gross amount owed, including cola and shift premiurn without any tax deductions. In the event an employee receives a NSF charge a;nd the company is at fault due to payroll shortages, the company wilJ reimburse the employee for the NSF fee. 4. Pay stubs are to be made available to employees as soon as practicable. 5. In the evE:nt an employee receives an overpayment the com- pany agrees to recover the overpayment in four (4} equal repayments. The company has thlrty (30) days from overpayment to initiate repayment procedure after notifying the employee. Article 22 Copy of Agreement I. .. ·--~·.:.~o.::o:~·.;.::.,:.:..~,~-- ·-~~-~-::...:0:.:<.":' ...... .. Article 24 Classifications and Wages The company will pay employees accordiDg to the wage and classification structure wbich shall be written into the collective agreement and fonn a part of the collective agreemeol. 2. The foregoing statement does not preclude the payment of individual employees for outstanding achievementslsuggestions and the like. !. 3. New wages will be calculated as follows: Year one -November lst 2005, Current pay rate + $1.62 cola +$0.45 Year two -November I st. 2006, +an additional $0.30 Year three-Novem ber 1st, 2007, +an additional $0.30 4. A new employee shall be hired at a rate equal to 85% of the base rate of Team Member. At the expiration of two hundred and seventy (270) days of employment, such employee shall receive an increase to ninety-two and one-half percent (925%) of the base rate, The Union will facilitate the printing of the coUective agreement and the Company will pay the costs. At the expiration of five hundred and forty-five (545) dayS of employment, such employee will be paid the full base rate. Article23 Strikes and Lockouts I. 2. The company and the union agree to abide by the Ontario Labour Relations Act with respect to strikes and lookouts. 5. As of Nov. 1101 there will be no differential in the Team IndllSt:rial, team member rate and the Chrysler GSO rate. 6. In lhe event of a work disruption, the parties agree that employees required for emergency cleaningfmain tenance will be pemritted free and unobstructed entrance/exit from the wOJk location to deal with :fire/environmental concerns, in Christmas Bonus Cbristrilas bonus is seventeen hundred dollars ($1700.00). The bonus will be paid the first pay period in December each year of the contract to ail seniority employees. In 2005, 2006 aod 2007. Article 25 Hours of Work and Overtime accordance with the Ontario Labour Relations Act. 3. There will be no repercussions to employees in the event of a strike at Brama1ea Assembly Plant for employees honoring CAW picket lines. Provision for a cold shutdown in this situation. All required work to safely shut down the plant will be completed prior to leaving the plant -14- I. Tearp. Industrial reserves the right to amend the starting time·s by one hour for selected employees to ensure proper maintenance is done. 2. 3Q.minute unpaid lunch per day worked. '"· -15- • ) . 3. - ...... _·:..., - ·····- cussed prior to implementation. · 1. Emergencies The company must be able to promptly respond to the needs Overtime Premiums of Chrysler. Therefore, the following rerms are necessary to Time and one-half (llh) will be paid as follows: a) for time worked in excess of eight (8) hours per day b) For time worked on Saturdays employees will be canvassed after stamping plant employees have been asked. ensure that required overtime is adeqnately staffed: Double Time will be paid as follows: a) for time worked on Sllndays (or3rd shift starting Satur- day night). a) overtime will be voluntary, except in the following cases: emergency spill response other emergency situations as directed by Chrysler b) In the event of insufficient numbers of volunteers, the junior employee(s) by classification will be assigned. b) for time worked on all designated holidays 5. 6. ....,:., ·.. ,....... _ • .__, __ ''·'~='.:.>:~,,~!~~.,:..;;..~· time of the overtime pay. e.g. if an employee wocks eight (8) hours at time and one half, c:hey can claim eight (8) hours pay at straight time and bank four {4) hours at straight time in the overtime bank. The work schedules are subject to change based an Chrysler's production and maintenance schedules. This includes, but is not limited to, sununer and Christmas shutdown periods. Shift times will be mutually agreed and changes Will be dis4. . ·. -.··· Crew E (stamping plant) will be canvassed for paint shop overtime after paint employees have been asked. For stamping plant overtime, paint shop employees wilJ be eanvassed after stamping plant employees have been asked. <h'ertime Procedure Employees will be offered overtime opportunities on a rotational basis. In order of classification seniority provided he/she is present in the plant at the time overtime~ offered. However, the company will make an attempt to contact an otherwise eligible employee by telephone. a) Same crew - extended Up to 4 hours or come in early up to 4 hours. b) Opposite crew. c) Part Trme use d) It is understood that employees on an individual basis have the option to bank overtime hours to a maximum of farcy (40) hours. At any time an employee has the option to take time off ot to be paid out the banked amount. Time off must be approved by management . and will not be unreasonably denied. As a point of clarification the definition of banking overtime is; that an employee can only bank;premium 8. Rest Periods a) Two rest periods of eighteen (18) minutes each will be scheduled, one in the first half of the shift and the second in the latter half of the shift. b) In the event there is a need to revise the lunch and rest period times. the Company will discuss the required provisions with the Committee person as far in advance as practicable of any such change with the understand~ ing that the required work must be completed within the time constraints required by Chlyster•s Production Schedule. c) Under an AWS, the rest periods will be as follows: 8 hour shifts - 2 at 18 mjnutes eacb lO hour shifts - 2 at 22 minutes each 12 hour shifts - 2 at 27 minutes each Article26 Union Representation 1. ·'Sne number of union representatives the company shall recognize will be Negotiated and include representation on all shifts where employees work. -17- -16- -. j ~="--~-""-~~"-~·~;.~.;!~'i}:;,..;.":'-·:-l:o:-'•'-''·:,~ .. ,. 2. 3. 4. The company shall recognize a Chairperson who wiU be assigned to the day shift The cluUrperson sluJll spend a fuU two (2) hours a day, during overtime at the beginning and end of the shift. Team members wiJJ be canvassed for overtime when required. The company shall recognize a committee in addition to rhe chairperson who shall constitute the plant committee and negotiation committee. This committee will meet with the company bi-weekly unless shortened or extended by mutual agreement only. The purpose of these meetings is rto discuss and resolve grievances and other matters that either party may arise. The company shall supply the meeting·room and pay said committee members for the time spent .at regular wages. The company agrees to retain union representati.v~ at work during any layoffs or cutbacks in employment provided they are willing and able to perfonn during their respective terms of office. Article 27 Work by Supervisors Supervisors and all other e:Jtcluded employees will not work on any job for which rates are established by this agreement, except for the purpose of instruction, experimenting, emergenCies, safety or environmental reasons. 1. 2. 5. The union shall furnish the company from time to time an update on the current Union representatives. 6. 7. A Committee Person may request relief from assigned regular duties to investigate a grievance arising from this Agreement without deduction of regular wages. Such permission shall not be unreasonably withheld. This right is granted on the foUowing conditions: a) The time shall be devoted to the prompt bandling of the grievance. b) The time away shall be reported in accordance with normal timekeeping methods The company agrees to pay the· Negotiating Committee for time spent in negotiating meeting with the company. The company agrees to provide and maintain the Union of~ fice with two functioning phone limes, one phone, and one new fax machine. One new computer with printer $lei copier. one new white board. one lockable cork board, two desks. Seven chairs .four lockable filling cabinets, two in 1Plant pagers or phones for in plant use. To be issued by Jan. 30, 2006. The company agrees to mamtain office supplies a$ required. -18- Article28 Crew and Job Pootings AU job postings will be posted on Fridays and removed on Tuesday (on long weekends extended to offset the holidays). Only two (2) subsequent postings will occur after the initial posted vacancy. Applicants will be selected by seniority, and ability to perform the work per employee's training chart. The successful candidate., upon a.ttaining the ttansfer, is limited for six (6) months from applying for other postings. In January 2006, employees will be eligible to select their crew preference, in seniority order, to the then current levels by classifica:ti.on. Note: when this occurs, the parties agree to adjust the overtime equalization process to ensure equity. The process is ,to be directed by the union and repeated ev~ ery eighteen (18) months. Subsequent to this process, when a Oew vacancy occurs. it will be posted similar to job postings per 1) above. 3. Moves for both Job and Crew Postings will occur as soon as practicable to ensure no operational deficiencies occur. 4. Blaster trainee vacancies will be posted. 5. The company agrees to post and fill all vacancies within one week. Article 29 Equipment aod Tools The Company agrees to continue to supply necessary tools and eq~pmeot to ensure that a proper job is perfonned. The fssue of coveralls was discussed and it was agreed rhat coveralls will be re-fitted for employees within thirty (30) days of -19- I .. , ,_ . - ~ ·' ' ..... ~..z:.:..."-.~~.;,.,,,._,:,,~~:...·,,, --- "·-'--"-0·-·'-· . . Article 32 Health & Safety L The parties are committed to workplace health & safety and will make adequate provision for the safecy and health of all written request The company agrees to maintain seven (7) pairs of coveralls for full time employees and four (4) pair of coveralls for part time employees that have completed their proba- tionary period. employees during hours of employment. Article 30 New Employee Orientation 2. Union InformatioD. for New Employees The Employer agrees to acquaint new employees with the fact tbat Collective Agreement is in effect and with conditions of employment set out in the articles dealing with Union Security and Dues Check-off. A new employee shalll;le advised of the name and location oflrislher union representatirve. Whenever the union representative is employed in the same work area as the new employee, tbe employee's immediate supervisor will introduce him/her to hlslher union representative who will provide the employee with a ropy of the Collective Agreement. The Empioyer agrees that a Union representative will be give an oppornmity 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 the new employee with the benefits and duties of Union membership and the employees• reSp<JEISibilities and obligations to the Employer and the Union. 3. The company will pay up to $120.00 per calendar year to-wards the purchase of CSA approved safery footwear which must be worn as a oondition of employment Where rubber boots (CSA approved) are required, these will be provided by the Company at no cost to tbe employee. The foregoing will be provided to employees who have completed their proba-tionary periods. It is further understood and agreed that the use of such footwear is a job requirement Employees who fail to have this P.P.E. available when required will be sent home without pay to retrieve such or will be subject to discipline. 5. The current practice re: provision of coveralls shall prevail. It is further agreed that the company will provide the heavier coveralls when employees work in stamping. The com- 4. Article 31 Administratio n of Discipline 1. When an employee is called to an interview by a memberuf supervision. and the subject of the interview is discipline, pany also agrees to keep .a minimum stock of the heavier coveralls in their office of: three pair medium, three pair large, an~ ~ pair extra large at all times. the employee will be so informed before the interview and will be advised of entitlement to Union Representation before the interview. The interview will not proceed without a Committee person p~ent, should the employee elect representation. 2- 3. No written discipliriary action shall remain against an employee's record for a period longer th2n twelve (12) months. Discipline is confined as a written wanlln,g to an employee; a copy must be given to the.Committee person. A joint health & safety committee will be established with an equal number of bargaining unit and non-bargaining unit employees. A list of committee members will be posted in a conspicuous place. The union members of the committee shall meet for two (2) hours prior to the monthly JH&SC meeting. All time spent by the Health &. Safety Conmrittee on relevant matters will be paid at regular or premium rates of pay as may be required under this Agreement. 6. ·.t:· First Aid Attendants: a) There shall be qualified first aid attendants holding a Standard First Aid certificate, present on all shifts. The company agrees to pay for one (1). selected employee per shift from the bargaining unit. b) The company shall pay for the fees, textbooks and lost time of all first aid attendants and explained in paragraph (a), upOn the successful completion of the course. -21- -20- ) r--------------------~--~~--~~~~~"-'~~~~~~.·c·"-·"···"·"·····"·-·······:<·-···--e.;'!!~.::;:..-::.:~ 7. The joint health & safety committee shall put explicit operational guidelines in place to deal wi¢ alleged unsafe practice concerns, plant toms and health ~ safety training, including certification under Bill208. A c.oncern procedure will be developed by the JH&SC and po~ted. 8. Education and 1'raining a) No employee shall be required or aUowed to work on any job or operate any piece of equipment until he/She has received proper education, trai.:ning and instruction. b) All members of the joint health and ;Safety committee will attend the following courses unless they haven taken these courses in the previous year. I) WHSC Levell 2) Core Certill:cati.on Course- 4 D~y 3) WHSAM!Pl' 4) WHSC Ergonomics c) The company will ensure that the lost time, per diem or meal, and travel and accommodations where necessary, is paid to the employees that participate in the training required by the collective agreement, All such training will be completed within twelve (12) months of the effective date of this collective agreement. 9. Lockout 1'raining The trajning program shall be the eight (8) hour course offered by the CAW with such additional course material as conunittee may determine necessary. noise surveys are made available for all employees. Theresults will be given to the employees in a sealed envelope. Statistics shall be supplied to the JH & SC. Permanent records shall be maintained at the workplace and at the Ministry of Labour's arcbjves. i I 13. In the event of legislative changes to the Ontario Health and Safety Act, the Parties agree that the minimum standard shall be the language in the legislation in effect as of November 1, 1996 in regards to an employee's right to refuse unsafe work. 14. It is agreed that water will be made available during shut down periods. 15. Winter clothing will be made available by October 1st of each year and ownership and responsibility of said clothing will be assigned to the respective employees. 1. 12, The company shall ensure that annual audiometric tests and Article 33 Vacations Annual vacation wi.th pay shall be taken in accordance with the length of service as at June 30 of the calendar year. 2. An employee with less than one year's service will receive \"acation allowance totaling 4% of gross earnings. 3. An employee with one or more years' service will receive vacation and pay as per the following table: Service 1 but less than 3 years 3 but less than 5 years 5 or more but less than 10 years 10 or more years 10. The JH&SC shall review and develop a procedure for confined space entry and review all training liequitements. ll. The JH&SC will obtain written information, which identi· fies all the biological agents, compounds, substances. by~ products and physncal hazards, associated with the work environment This information shall include, but not be limited to, potential hazards, results of teSting to detennioe levels of contamination., maximum allowable levels, precamions to be taken, symptoms. medical· treatment and antidotes. .. ,_.,.,_, ,-:.. ,. ,..: . .____ _ 4weeks 5weeks !80hoUJS 220hours Employees will have the option to break up one week of vac:ttion entitlement into increments of eight (8) hours, for the purpose of time off. : 4. Vacation from January 1st to February 28th will be allowed on a first request basis. Vacations must be picked by February 15th , based on sign up by seniority by crew. These are subject to che maximum allowable weeks per crew. -23- -22- • '· Entitlemeot Payment lOOhours 2weeks 140hours 3weeks - J ..,, '•• "'- Effective February 28th , employees who have failed to sign up for vacation will be assigned at the comp~ny's discretion. An employee who bas worked less than: 750 hours due to S/A 400 hours due to wsm 840 hours due to other conditlons Within the preceding calendar year will have ~e appropriate payment reduced by 5% for each fifty (50) ~ours or fraction thereof by which he'she has failed to work the minimum hours far that year. 3. An employee absent with a reasonable excuse on the qualifying day(s) will receive the Holiday allowance. Reasonable excuse will include bereavement leave.jury duty, court subpoena; scheduled vacation and Union business leave and substantiated medical absences. 4. An employee whose regularly scheduled shift falls on a paid holiday will receive the Holiday Allowance plus two times pay at a regular rate for all hours worked on tbe boliday. Article 35 Group Insurance Benefits 1. Article 34 Holiday Pay Plan !. The following holidays shall be paid holidays under this Agreement: New Year's Day Good friday Easter Monday Friday before Victoria Day Victoria Day Canada Day Friday before Labour Day Labour Day Friday before Thanksgiving Day Thanksgiving Day Christmas Day Boxing Day These designated days will correspond to ¢.e Bramalea Chrysler scheduled days. It is tJnderstood that December 31st will be paid at time and one half for all hours worked on said day. 2. An employee who has completed n:inety (90) days of employment, on or before the date of a paid Holiday, shall receive eight (8) hours holiday allowance at th~ employee's regular rate of pay for such holiday providing the employee works the regularly scheduled work days itn.n::lediate1y preceding and following the holiday. -24- ·~·'"""""'"''"'"~·~l.'~;;,:;:;,..,:,_~"':,~~;..;::..:.Jo,,;,\:",,.,,.::._,,,._ 2. The company will pay .100% of the premium costs of the following benefits. Eligibility for coverage corrunences the first month following the successful completion of the probationary period. Life Insurance - One time annual earnings as per previous year T4 slip 3. AD&D - One time's annual earnings LTD - is equal to 60% of monthly gross pay until age 65 - Starting on November 1st,. 2002,loog-terrn disability recipients will have This benefit adjusted annually by 90% of the inflation rate. 4. Extended Healtb Care - $10.00single/$20.00 family deductible to inelude$2.00 drug card and generic drugs with physician's approval. NarE: The drug card will not be available until45 days (approximate~ ly) after notification. Dental Plan .; Levell & 2 - 100% - 50% ~ Level3 . .,.. Annual maximum benefit levels 1, 2 and 3 combined is ·•·· two thousand and five hundred dollars ($2.500.00). It is under stood that white fi11ings will be covered at 5. '-'<- lOO% -25- ". j ,. ''"··• - Orthodontics - Only for children under nineteen (19) years· of age:. - Maximum benefit of three thousand and two hundred dollm:s ($3,200.00). 6. Vision Care Benefits under Extended Health Care: (as per Daimler Chrysler Collective Agreement.) Single Vision- two hundred dollars ($200.00) per twentyfour (24) months. Bifocal Vision - 'I.Wo hundred and fifty-five dollaxs ($255.00) per twenty-four (24) months. ~.. '"'·~"'~~··~'-'%'8'·,~:;;,1~>i><;f2~">1'..::"-'Fl;';>'ft' •--.•-,'.~~"-"'~~:,.,.:_,c.;-.;,• 13. Psychologist services - W< hundred dollars ($600.00) annually. 14. Insulin Pump - The insulin Pump coverage wiD be a maximum of five thousand and five hundred ($5,500.00) <1nce every five years. Insulin infusion pump supplies will be covered to a maximum of two hundred and fifty dollars ($250.00) per month. The coverage is for children up to eighteen years of age with type-one diabetes. 15. VJSCO-Supplemeo:tation - Visco-supplementation therapy benefit coverage of up Three hundred dollars ($300.00) per treatment cycle ro a maximum of twelve Hundred dollars ($1,200.00) every three years. Multi-focal-Three hundred and twenty-five ($375.00) per twenty-four (24) months. ·The multi-focal amount may be applied toward laser eye surgery. This benefit would be in lieu of any claim under the vision care p~an for the next twenty-four (24) months. 7. One pair of prescription safety glasses per 24 month period will be covered by the company. A receipt for tihe glasses must be supplied. 8. Day surgery will be covered ooder the Weekly 'Indenmity portion of the benefits, from the first day of the occurrence. The company shall supply a brochure I booklet whlch will outline the benefits in more detail. In addition. a copy of the policy will be given to the Union. Article 36 Weekly Indemnity Plan 1. 9. A WSm waiver will be provided to ensure that there is no loss of income during the waiting period. ry. Duration of Benefits 10. A special benefit top up payment of two thousand seven hundred and fifty dollars ($2750.00) will be pald to each· full time empl<1yee the second pay period in Jannary 2006. A special benefit top up payment of one thousand three hundred and seventy five dollars ($1375.00) wiU be paid to each part time employee tlhe second pay period. in January 2006. 11. Chiropnactic Benefits - A fiftee'1 dollar ($15.00) per visit chiropraptic benefit will be paid while the provincial plan (OHIP) is being paid. . 12. Speech Therapy - One thousand dollars ($1,000.00) annually. -26- Employees absent because of sickness and accident shall be paid a weekly indemnity benefit totaling 75% of their sala- - 52 weeks maximum Benefits commence on 2. a) first day due to accident or hospitalization b) Second day due to illness Eligibility for coverage commences the first of the month following the successful completion of !:he probationary pew ri~. Article 37 _ Substance Abuse Substance abuse is recognized to be a serious medical and social problem that can affect employees. The Company and Union have a strong interest in encouraging early treatment and assisting employees towards full rehabilitation. -27- ) ,-.' ·'·• . The company will continue to provide a comwehensive approach towards dealing with substance abuse aJJd its related problems. Company assistance will include refen:al of employees to appropriate counse1ing services or treatment and rehabilitation facilities. ··'' ·"·-'· ·0 ~'-"'':"'-"-"'·1''S'""·Sif:'P!if~"¢i7fr'"'·1~"""""'i .....,_,..;;."'lli'<:~..,· .....~ ·-·- "...i:;o.:.:...,• ''-"""'~......... . 2. Personal paid days will be granted during shutdown periods upon providing the company with twenty-four (24) hours notice. On September 1st of each contract year, unscheduled P.P.D.'s will be assigned. The company will provide all normal group insurance benefits while under a medically prescribed course of treatment. A committee will be set. up comprising represe"Q.tation of the Company and the Union to administer the program. Union Substance Abuse Representatives will be provided such time as is necessary for the administration of the program. Article38 Cost of Living Allowance 1. The COLA allowance will be as per the Chrysler Bramalea Agreement. New Float- $0.05. The parties agree to initiate a basic pension plan under Canada-Wide Industrial Pension Plan. The Company agrees to contribute one dol1ar, seventy-five cents ($1.15) per hour to the Plan the first year of the agreement, two d9J.Iars. ($2.00) per hour in the second year and two dollar, twenty-five cents ($225) per hour in the third year ofthe!agreemen t. It is understood that the company will credit for pension purposes all hours pajd towards vacation, P;PD days and 'Pnion leave of absences. 2. The parties agreed to an unreduced pension at age 60. Article40 Personal Paid Days (P.P.D's) 1. The agreement shall be effective from the 1st day of November 1, 2005, to and including the 31st of October, 2008. Either party shall be entitled to give notice in writing to the other party as provided in the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time with a period of90 days before the expixy date of the agreement. Following such notice to bargain the parties shall meet within 15 days of the notice or within such further period as the parties mutually agree upon. It is agreed that during the course of bargaining, it shall be open Article39 Pension Plan 1. Article 41 Tennination Each seniority employee wiU be eligible fen: one hundred (100) hours of PPD allowance at the emplqyee's regular rate of pay. Paid personal days will be taken in a minimum of four (4) hours blocks upon providing the oompany with one ( l) hour notice. -28- to the parties to agree in writing to extend this agreement beyond the expiry date of the 31st day or October, 2008, for any stated period acceptable to the. parties and in accordance with the Labour Relations Act For The Union For The Union For The Company Jerry Dias Remo Pezzente John Soulliere Paulo Ribeiro Henry Sanchez Dave Lothian John Toohey Bill Morrison Rick Turner Bill ,McMullin Ian Dobbins B.ick Favron .•. -.,. -29- ) _. .. ... ·-·-·--··-..·-· ······z=·""~.,..,..,...,.,..¥S"..,-:;r < -- -~·r·w-~"""" ~"'"""'""<'""'~-·...-· Article 43 Article 42 Restructuring ~centives Voluntary Severance regarding change in contract: In situations where restructuring will result in the layoff of ju~ nior employees (or reduce from full time to part time) the com~ pany agrees to offset the equivalent number of layoffs by offer- erations from. Team Industrial to any other company, employees ing voluntary separation packages to employees in l!>rder of inverse seniority. If the employee is retirement etigible, the package will be offered as a retirement incentive. Those1who are not retirement eligible wiU be offered such packages to sever their employmenL The incentives/severance scale will be as follows: Years of Service 5to 6 6to 7 ?to 8 8to 9 9to 10 10to11 II to 12 12 to 13 13 to 14 14 to 15 15 to 16 16 to 17 17 to 18 18 to 19 19 to 20 20to21 21 to22 22 to23 23 to24 24to 25 25 andover Amount $27,500 $29,500 $31,500 $33,500 $35,500 $37,500 $39,500 $41,500 $43,500 $45,500 $47,500 $49,500 $51,500 $53,500 $55,500 $57,500 $59,500 $61,500 $63,500 $65,500 $67,500 In the eveQt that DaimlerCbrysler sources out the cleaning shall be offered a voluntary separation incentive (retirement/ severance) of sixty thousand dollars ($60,000) for full time employees and thirty thousand ($30,000) for part time employees within ninety days of the change of contract. The parties agree tl:u!.t sbould the contact between DaimlerChrysler Canada Limited and the company be terminated for any reason, the work performed by the current members of the bargaining unit, be transferred or sold by DaimlerChrysler Canada Limited to any other third party, then this collective agreement including all liabilities associated 'With it (including, but not limited to notice and severance obligations pursuant to the employment standards act), shall be binding on the third party as if it were signatory to this agreement. Notwithstanding, the generality of the above. the parties also agree that the company is a ''building services provider" and that the two parties are covered by part XIX, building services provider, of the employment standards act. *Fractional years of service will always be rounded up. Any payment of separation package of full time empl<zyee will result in that employee pennanently leaving the employment of :t:.: the co~pany. -30- op- -31- ) -· '"'~'",.<""'""fi""'~itttr.·· Appendix "A" Part Tnne Employees and Casual Part Time Employees The Parties agree that PTs and CPl's may be used under :the fol~ lowing t::onditions: Part Time Employees (PT's) 1. They are tribe used to replace employees absent on I?.P.D.'s, vacation overfiow, weekly indemnity, W.B.C. cases. L. O.A.'s, bereavements, casual absence and jury duty, on Weekends only (chuing the 24 br cleaning window on Sundays), or after all scheduled overtime during the week has been refused. Production Spikes and shutdown periods per current practice. 2. The base rate for regular list P.T.'s will be a[ 85% of the Team Member rate (Includes base C.O.L.A. shift premium and general increases as applicable) 3. P.T.'s will acquire seniority upon the completion of ¢.e probationary period and be placed on a P.T. seniority li$L This list will be utilized solely for preferential hiring for full time vacancies. 4. P.T.'s will be eligible for pay based on the crew they work. P.T.'s are not to be used to circumvent payment of o'Vertime or to displace a regular full time vacancy. 5. 6. :-··· --_ t'C"St N®t-·1 1\venty-five for the entire calendar year, and an additional five during the months of l\1ay through September. lJ. All part timers to be trained on all operations by March 1st of each year. The method of training to be mublally agreed between the Company and the Union. Casual Part Time Employees (C.P.T!s) 1 May be used during shutdown periods and when all P.T. 's are wtavailable and would normally work. 2 The base rateforC.P.T .'sshall be 75%oftheTe amMember rate. (Includes base shift premium, C.O.L.A and general increases as applicable.) 3 AC.P.T. will pay the applicable Union Dues as per the C.A W. constitution. P.T.'s will pay union dues as per the constitution of the CAW. 7. AP. T. employee m<:tvlng to a full time vacancy will receive entry level seniority on the full time seniority list. 8. P.T.'s will be scheduled on a rotational basis subject to a monthly review, where adjustments will be made to provide reasonable equity of hours in tbe following months through scheduling adjustments. 9. This monthly review will be conducted with the plant Chairperson, with weekly updates as to who is working and for what reason. · 10. The company agrees to maintain no more than the following number of part-time workers in the Brampton DaimlerChyrsler facility. · -32- ·--~c·"b='-"''~'·--···~...._.:,;:._"'".:...'----·'·'"-······· ··::.. · -33- j :.~.__,..,,..,.. I Grou~ Self-Directe<l SUB Fond The Company agrees to implement a seJf directed Group:SUB Fund for employees as follows, effective February 1, 1997:. Employees must contribute a minimum of $5.00 per week. (pretax) through payroll deduction to become eligible for p-articipation. The following contributions shall be made: · ?'Mf"'~......"S"-m'!K.®i?~··<k<.rl§!"'!.'....:"""i-""''"'"·''":~.,.·"'""··~·. -·~.-::.'·-..;.:_,_~·.. .:.....-~··-· New Full Time employees are eligible to commence contributions on the :first day of the month following completion of one (1) year <?f service with Team IndustriaL · Spousal R-R.S.P. Contributions can be made to a Spousal R.R.S.P. account under this plan to facilitate income splitting. Invesbnent Counselling $500.00 lump sum December 1, 2001 $500.00 lump sum December 1, 2003 ScotiaMcLeod will provide investment counselling on a group and individual basis and will personally assist you with yollr $500.00 lump. sum December I. 2004 application. In addition, the Company will contribute $75.00 per mon:th per eligible employee for eac;h month in which the employee performs work for the Company. These payments shall commence with the month of November 1999. Note: $500.00 in each of the three (3) yeirs is in lieu of the additional Chrisbnas bonus. 1) WithdJ:awals will be pennitted at employee's discretiQn and at any amollllt desired. It is the employee's responsibi!lity to contact and infonn Scotia Mcleod of requirements and procedures of said withdrawals. The terms and conditions of the plan are outlined in the attached booklet. Scotiamclread Self-Directed SUB Fuod February 1, 1997 Pnrpose Team Industrial :is pleased to provide its Daimler Chrysler-Bra.malea employees with the opportunity to participate in a Group SUB Fund. Contribution Plan as of February 1, 1997. Contributions ~ployee Contributions will be made on a flat dollar amount per week via payroll deductions wil:b a minimum contribution of $5.00 per week. Ivfaximum limit is based on Revenue Canada allowable R.S.P. contnbutions equal to the lessor of 18% of your previous years' income and a specified dollar amount ($18,500. 00 iH 1999), contributions in excess of this are subject to a tax of 1% per month. Contributions will be deducted from gross income so you can take advantage of the tax savings immediately. These contributions will be forwarded by Team Industrial to ScotiaMcLcod for investment on a weekly basis. Employer Contributions: Team Industrial will contribute per page one (1) of this document. Team Industrial Will forward these contributions to ScotiaMcLeod on a weekly basis. Changes ChanS:es in the amount of employee contributions and spousal allocation may be submitted on a quarterly basis, to take effect Who Is Eligible Existing Full Ttme Active employees who have been 'With the company for a period. of one year as of February 1, 1997 :will be eligible to start making contributions. on the first pay dated February, May, August or November. Change fm;ms m-e available from your Supervisor and should be returned tQ the Human Resources department three (3) weeks prior to the applicable date. An exception will be allowed when an employee's return from lay-off or leave of absence extends past on~~f the normal change periods. In this instance, they may submit. cltange forms in the first pay period following their return to payroll. Other changes relating to address, beneficiaries, etc. are to be submitted as they occur. -34- -35- This plan is being implemented to assist you in planning fer your financial future and to provide lay-off benefits and we havfi: made a commitment to provide an incentive in order for you to !io SO- ~ .... ) .··, L R.RS.P Statements Statements regarding your individual RRSP will be mailed to .your home address from ScotiaMcLeod on •a monthly basis. They will show all transactions for the month as well as listing all plan assets and their market value at month-end. R.R.S.P. Tax Receipts R.R.S.P.. tax contribution receipts will be issued twice annually: January- relating to March 1st- December ~1st of prior year, and March- relating to January and February of current year. Withdrawals Partial Withdrawal(s) - An employee rn.aicu.g a partial withdrawal of contributions from the Group SUB Fund wilJ be for lay-offs only to a maximum of $200.00 per week of lay-off (or $650.00 for the second week waiting period for U.I.). Full Withdrawalfsl- This will only be allowed on retirement or termination of employment. Cessation Of Contributions Involuntanr - an employee on WSm or weekly Indemnity, wherein it is not possible to make payroll deductions will resume employee deductions on the first week following his/her date of return to payroll. Lav-Off I Leave of Absence An employee on lay-off or leave of absence without pay will receive no company contributions until recalled/returning to work. Upon recall, employee contributions v.!ill be deducted at the pre lay-off amount unless a change is reqnested by the employee. Company contributions will resume Qne (1) week after date of return to payroll. Termination An employee terminating from Team Industrial for whatever reason will be entitled to both the employ~ and employer's contribution into the plan. The employee will have the option of receiving a cash payment, subject to withholill,ng tax or transferring the balance., partially or totally, to another registered plan, with ScotiaMcLeod or another institute. Employees are respOnsible for communicating with ScotiaMcLeod ~n aH matters concerning termination and/or transferring of the plan. ·- •'•"!!"' I .,.,.• ..:.~;o;;,'•!<c-,;;5-{!;';,; 1 ~"::ffiJ;..">1'?<'"..=i<l'<o9~""'0'''·"~~... .,.,,~.,,~'<.. Letter of Understanding 1 Job Assignments The parties agree that fo1lowing January 2003 Crew Selection, the employees on all crews will be cross trained on all operations. This process is to be directed by the union and repeated every eighteen (18) months. When the employees are trained on the operations, they will then settle in tD the job assigwnents, by a system to be determined throllgh discussions with the union representative, employees and supervisors on each crew. Following the cross training for versatility. The employee will settle into a system of regular assignments. The company Viill provide the cross training schedule to be used within four weeks after ratification of the contract. The company will complete versatility training requirements by December 31/2003. In the event of unexpected downtime an exrension will be granted to deadline leading up to December 31/2003 which shall be equal to the downtime. TIIis person will be reviewed with the union, employees and supervisor each year for problems and I or job changes. It is understood that employees may be assigned to any operations where they may be required however job assignment shall not be made for punitive reasons or on the basis of favorilism. Dated November 06, 2002 Time L.O.U. #1- Job As,;gnments It is understood that a replacement worker will be assigned to the job of the worker that belshe is replacing. It is also agreed that some exceptions may apply. Dated November 16. 2005. -37- -36- • ~. -. j ·- ·:0..- Letter of Understandin g 2 Lockers, Coveralls, Gloves and Rubber Boots The parties agree to locally resolve the issue of lockers, coveralls, gloves and robber boots. The company agrees to provide a new employee change area for both·men and women with individual loclcers. Itis furth~ agreed that this new change area will be free of hazards. The change area will be equipped with a shower stall. Dated: November 06, 2002 ·Time · Letter of Understanding 3 Chrysler Car Purchase Plan Team Industrial commits to petition Daimler Chrysler fQr Team Industrial Services employee's eligibility for the Daimle:s; Chrysler Car Purchase Plan. Letter of Under.;tanding 4 Heath and Safety Team Industrial agrees to review its health and safety procedures with Mike Raymond of the CAW Health and Saf¥tY Department and Chrysler Manager of Labour and Safety (or their designates) to ensure they are appropriate. Safety complaints will be dealt wil:b as quickly as possibl,e using available resources. ""''""-~'""'R~"'"-"'-~"''=tt~?£t~ok.?'1<@..~':;'::;:fiF:"~:"'~""""''"'"'<.m; Letter of Understanding 7 Water Blasters It is understood that water blasting is sporadic and as a result is difficult to sr.aff. Consistent with the needs of the Company to service. the client and with the needs to accelerate employee training as water blasters, the parties agree t1Jat due to safety issues and the hours on a lance (water blasting gun) required to progress in training the following will occur. 1. A specific number of water blasters required per crew is as follows (based on current water blasticg frequencies). There will be a minimum of four (4) water blasters per crew. It is also agreed that there wiD be eight (8) part time water blasters. 2. Blaster Trainee vacancies will be posted. 3. Water blasting wiil be defined as any pressurized water system exceeding .5,000 psi. 4. It is understood that two (2) water blasters will be employed for each one (1) water blasting job. 5. Each water blasting crew will be re-issued one extra wjde cabinet for the storage of their equipment, separate from their change lockers. Water blaster Requirements Trainee: - Watch Jetstream Video - Hand Lance for 100 hours Water blaster: - 100 hours of Hand Lancing, Moleing, Set a Baird valve. Letter of Understanding 5 Work Ownership This shall confirm the parties agree that the traditional scope of work perfonned by Team Industrial is exempt and is not~ major operation under the work ownership provisions negoti:;.ted by Daimler Chrysler Canada LID, and the C. A. W. Letter of Understandin g 6 UDion Representation The parties agree that, when an employee requests Union: representation the Company will provide time and grant the meeting within one hour of the request Dated November 16,2005 - Start up and shut down of a pump and 6. spin jetting. The committee shall establish maintenance requirements for p~mps. Dated November !6, 2005 Time· ... .:: Time -38- ;,.,.- ., " ·' ... .. . . -39- j • --.. ,-.."'"'""'""·""""'!<ctl@.:k'A~£m·§~~~~~:.,l:=>,~"".-"'"""···; .•,.. _. - - - - - .-·-- · Letter of Understanding 13 Letter of Understanding 8 Recognizing such, the parties agree to make petitions to Chrysler within the areas of Team Industrial work ~ponsibility to absorb some of the non-historical jobs in the pl,ant area where we work e.g. painting in paint shop and perimeter areas where we presently operate. This could also include Wring over the scope of. work of other suppliers with poor la~ur relations to ensure a win-win for the C.A.W. Chrysler Canada and Team New Tech 1) Technological change includes the introduction by the employer of a change in his/her work or a change in equip- ment. If in any event the employer should have any technological changes, the employer win immediately inform !he union. The employer shall have a proper trainer to tram the employees who are going to be in contact with said equipment lndustrial Letter of Understanding 9 The Company will pay upon completion of Spanish translation of the Collective Agreement. It is agreed that in the,event of a conflict between the inteipretation of the Spanish and' English Agreements, the language of the English Agreement will prevail. Letter of Understanding 10 Re: Employment Standards The current employment standards act provisi0ns in effect at November 1. 19% wiJI cootinue to apply to all ~mployees, un- less changes to this Act provide a greater benefit. Letter of Understanding 11 Casual absence wiJl be recognized, as up to two Oays of absence beginning the first day that the employee is absent from work. It is understood that the full time employees will cover casual absence with overtime. The company reserves tb,e right to qffer · such overtime opportunity t<? part time workeliS, once all full time workers have been exhausted. Letter of Understanding U Re: Dependent Scho1arsbip program I} The Company will pay tuition or refund up to one thousand, two hundred and fifty ($1250) dollars per c;alendar year to employee's dependeni!S enrolled in an accredited or equiva- lent' fuU-time University or College. Re: Tuition Refund for Employees 1) The Company agrees to pa)' a tuition refund not to exceed three hundred ($300) dollars per calendar )!eat for any employee upon completion ~f said program. ·•··'·· 2) Contracting Out It is the policy of the company to fully utilize regular employees in :all classifications covered under this agreement in all cases. In the event the company contracts ont work the following procedure will apply: 1) The company will notify the union in writing one (1} week in advance of: a) The nature of the work being perfonned b) The location of the wmk being performed c) The length of time the work being performed will take d) The number of outside coatractors performing the work The company will offer the equivalent of work contracted out to employees through overtime, using the overtime pro- cedure. Letter of Understanding 14 1) Employees agree to utilize KRONOS wodcforce software to enable the company to manage and administer payroJl :and time off issues witlrln the collective :agreement more efficiently. Letter of Understanding 15 1) It is understood that the employees win have the option, upon request, to defer Payments of any bonnses or lump sums into a personal RSP plan. E.g. Cluistmas bonus, Scotia McLeod bonus, signing bonus, special benefit top up payment, etc. -40- -41- } I ·.~ .......'="'""'"'" -'·a:·~"@"3:.,;);W""~~~~~.oe:~·,.,.,.~. Basic Education Skills Training (B.E.S.T.) During negotiations, the parties discussed ~e value of providing support and assistance to employees who wish: to improve their ability in reading, writing, and mathematics. As a result of these discussions, the company and the Union., agreed to continue to implement the B.E.S.T. program attheBra.rq.pton DaimlerCbrys- MISCElLANE OUS BENEFITS Jer facility. Payments for time not worked e.g. holiday, vacation, bereavement, jury duty and benefits e.g. pension, WJ. and Life fu.surance will continue with the understanding that employees covered by this L.O.U. wonld neither be advantaged or disadvantaged. The program win be implemented as per the Brampton DaimlerChrysler CAW collective agreement However, the Union agreed that the Company would not incur a,ny extra expenses to support the wages of tthe B.E.S.T. program instructors. Return to AWS operations, "during periods when now standard operations is not being utilized, the tenns and conditions of AWS work schedule would apply. AWS LETIER OF UNDERSTAN DING In The event ChrysJer-BramaJea requires Team Industrial to go to an AWS. the following shall apply. The parties agree that to sit down and initiate discussion on a new work schedule. INITIAL STAFFING OF AWS RETURN TO STANDARD OPERATIONS During period when an AWS iS not being utilized e.g. shutdowns I retooling I etc. the terms and conditions of the traditional work schedules would apply. UNIQUENESS The parties recognize all issues, changes, modifications (O the implementatioll of an AWS may not have been anticipated The parties commit to address and resolve these unanticipated matters as they develop. It is agreed that any language from the 2002 - 2005 Collective Agreement that was not mutually agreed to change will remain the same for the 2005-2008 Collective Agreement. -42- -43- )
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