1 COLLECTIVE AGREEMENT BETWEEN: AUTRANS CORPORATION, INGERSOLL, ONTARIO -AND- and its LOCAL 2163 October 6, 2017 – October 5, 2021
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COLLECTIVE AGREEMENT
BETWEEN:
AUTRANS CORPORATION, INGERSOLL, ONTARIO
-AND-
and its LOCAL 2163
October 6, 2017 – October 5, 2021
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INDEX
APPENDIX A- WAGES........................... 34
APPENDIX B – SKILLED TRADES ...... 35 ARBITRATION ....................................... 13 BENEFITS ................................................ 27
BEREAVEMENT ..................................... 16
BULLETIN BOARDS .............................. 16
CAW TRAINING FUND ......................... 30
CLASSIFICATION AND WAGES ......... 17
COPY OF AGREEMENT ........................ 17
DATA TO BE SUPPLIED TO UNION ..... 8
DISCIPLINE AND DISCHARGE ........... 22
EMERGENCY CALL-BACK PAY......... 15
GRIEVANCE PROCEDURE................... 11
HEALTH AND SAFETY......................... 22
HOLIDAY PAY PLAN ............................ 26
HOURS OF WORK.................................. 17
INCAPACITATED EMPLOYEES .......... 11
JOB POSTING PROCEDURE................. 29
JURY DUTY ............................................ 15
LAYOFFS AND RECALLS .................... 10
LEAVE OF ABSENCE ............................ 14
LETTERS OF UNDERSTANDING ......... 37 LOSS OF SENIORITY............................... 9 LUNCHROOM, WASHROOM AND
FIRST AID............................................ 16
MANAGEMENT RIGHTS ........................ 7
MATERNITY/PARENTAL LEAVE ....... 15
MISCELLANEOUS ................................. 31
NEW EMPLOYEE ORIENTATION ....... 22
NO DISCRIMINATION ............................ 1
OVERTIME EQUALIZATION ............... 19
OVERTIME PAY ..................................... 20
PAID REST PERIOD ............................... 19
PURPOSE CLAUSE ................................. 1
QUALITY AND PRODUCTIVITY GOALS
............................................................... 32 RECOGNITION ......................................... 1 REPORTING-IN PAY.............................. 15
SENIORITY ............................................... 9
STRIKES AND LOCKOUTS .................. 17
TEMPORARY PART-TIME (TPT) WORKERS GUIDELINES .................. 43
TEMPORARY TRANSFERS .................. 28 TERMINATION ....................................... 33
TERMINATION PAY AND SEVERANCE
PAY....................................................... 28
TRANSFERS ............................................ 22
UNIFOR TRAINING FUND ................... 32
UNIFORMS AND SAFETY ITEMS ....... 28
UNION REPRESENTATION.................. 21
UNION SECURITY ................................... 7
VACATIONS WITH PAY ....................... 25
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PURPOSE CLAUSE
The purpose of this agreement is to set forth the terms and conditions of employment for
employees of Autrans that are represented by the Union.
Autrans and the Union agree that a co-operative environment within which all employees, the
Union and Autrans can work productively, avoiding confrontation, is in the best interests of all
employees, the Union and the Company.
The parties will seek to attain high operational efficiency and productivity, constant improvement,
high quality and low production costs, which are essential ingredients to a profitable operation.
Through its profitability, the Company and the Union seek to provide stable employment and a
safe workplace.
ARTICLE 1 - RECOGNITION 1.01 The Company recognizes the Union as the sole and exclusive bargaining agent for all
employees of the Company in the Town of Ingersoll, save and except supervisors, persons
above the rank of supervisor, office, clerical, engineering and sales staff (collectively the
excluded employees are referred to as “Excluded Employees”). 1.02 The Company agrees that Excluded Employees shall not perform bargaining unit work
except in the following circumstances:
(i) for purposes of training or instructing bargaining unit employees;
(ii) for purposes of experimentation;
(iii) in cases when all of the bargaining unit employees who are capable of doing the work
are asked to perform overtime work and they choose not to do so; and
(iv) in cases of emergencies such as daily employee absences.
The Company shall advise a bargaining committee member if an Excluded Employee
performs bargaining unit work pursuant to one of the circumstances noted above. In the
case of (iv), such notification shall be provided prior to the performance of any work.
ARTICLE 2 - NO DISCRIMINATION
2.01 The Company and the Union agree that there shall be no discrimination, harassment,
interference, restriction, restraint or coercion exercised or practiced by either of them or by
any of their representatives with respect to any employee by reason of race, ancestry, place
of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of
offences, marital status, family status or disability, nor by reason of Union membership.
The above terms will have the meaning provided by the Human Rights Code, Ontario.
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The terms “spouse” or “partner” as used in this Agreement shall mean a person to whom an
employee is married, or with whom the employee is living in a conjugal relationship of at
least one year in duration, including a person of the same or opposite sex. 2.02 In particular, Company and the Union confirm their commitment to dealing with any
sexual harassment complaint in an expeditious and professional manner, all in accordance
with the Human Rights Code, Ontario. Grievances and complaints dealing with sexual
harassment will be handled with sensitivity and appropriate confidentiality. 2.03 Joint Commitment in Respect of Harassment
The Employer and Unifor are committed to maintain a workplace environment that is free
from discrimination and harassment and that ensures all individuals are treated with respect
and dignity.
Where a bargaining unit member complains of harassment by a person other than another
bargaining unit member, he/she shall bring such complaint to the attention of the Employer
and of UNIFOR. The Employer will then initiate and complete an investigation of the
complaint and report the findings back to the complainant who shall be accompanied by the
Union Chairperson. Should the complainant not be satisfied with the Employer’s
response he/she is entitled to file a grievance under the terms of this Collective Agreement.
Properly discharged supervisor responsibilities that do not interfere with a climate of
understanding and respect for the dignity and the work of Autrans employees are not
considered harassment. 2.04 Harassment with Respect of UNIFOR Members
a) Policy
Harassment is a form of discrimination that is prohibited by the Ontario Human Rights
Code and is a contravention of the Code. Harassment, including sexual harassment, is
offensive, degrading and threatening. The Employer and Unifor do not tolerate any
form of harassment. This applies to circumstances in which one bargaining unit
member alleges harassment by another bargaining unit member.
b) What is Harassment?
For the purpose of this joint policy, harassment is restricted to any grounds prohibited
by the Ontario Human Rights Code.
Harassment is defined as a course of vexatious comment or conduct that is known or
ought reasonably to be known to be unwelcome. Every person who is an employee has
the right to freedom from harassment in the workplace, as listed in Article 2.01.
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c) Responsibilities
In order to provide for and maintain an environment free of harassment, the Employer
and Unifor will ensure that:
- All employees are informed that harassment, including sexual harassment in the
workplace is an offence under the law.
- The Employer and Unifor will jointly investigate all complaints
- The Employer is available to discuss questions, concerns, or complaints related
to harassment with the complainant and Unifor.
- All Employees have the right to proceed under this policy where applicable
without reprisal or threat for having made a complaint in good faith. Harassment
may occur as a result of one incident or a series of incidents. The unwelcome
comment or conduct does not have to be directed at a specific person for
harassment to occur.
The following examples could be considered as harassment but are not meant to cover
all potential incidents:
- name calling
- racial slurs or jokes
- mimicking a person’s accent or mannerisms
- offensive posters or pictures on paper
- repeated sexual remarks
- physical contact that could be perceived as degrading
- sexual flirtation, advances, propositions
- leering
- comments about a person’s sex life
- innuendo, gestures or taunting about a person’s body, disability, attire or gender.
d) Procedure
1) Any employee who considers that he or she has been subjected to discrimination
or harassment by a person who works at Autrans is encouraged to indicate
firmly to the alleged harasser that his or her behaviour is unwelcome.
2) Where the employee does not wish to bring the matter directly to the attention
of the alleged harasser or where such an approach has been attempted with no
satisfactory resolution, the employee should report the situation as soon as
possible to the company and the union.
3) All complaints not resolved informally at the plant level must be submitted in
writing and the company and the union will assist the employee to draft a formal
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written complaint. The written complaint should be as detailed as possible, and
will include: - a description of the incident(s) – names, titles and location of all
parties, - specific dates and times of the alleged harassment/discrimination and –
employee’s signature for future correspondence.
4) An investigation will be conducted with the company and union to determine
what steps are necessary. Statements will be requested from all employees
involved with or having knowledge of the harassment or discrimination
complaint. The privacy and confidentiality of all employees will be protected
and only those who have a “need to know” will be involved. All records of
complaints, including records or notes of meeting, interviews, results or
investigations and other relevant materials will be kept confidential by Autrans
and the Union, except where disclosure is required by law.
5) In order to be eligible for consideration and review, formal complaints of sexual
harassment must be filed by the complainant within ninety (90) calendar days of
the last alleged incident of harassment or discrimination.
e) Resolution
1) Autrans and the Union strictly prohibit any form of sexual harassment in the
workplace.
2) Managers, supervisors and employees are subject to disciplinary action, up to
and including dismissal of employment, if the investigation proves that
discrimination or harassment has occurred. Disciplinary actions therefore will
range from reprimand to dismissal, depending upon the seriousness of the
violation. Action will be taken promptly against any employee found to be
engaging in sexual harassment or discrimination of any kind.
3) If the Company and Union’s investigation reveals that an employee has
intentionally made a false claim of harassment or discrimination or that an
employee has knowingly provided false statements in connection with the
investigation of a claim of harassment or discrimination, he/she will be subject to
disciplinary action, up to and including termination.
The Company and the Union are committed to providing a working environment where all
employees are treated with dignity and respect. Each employee of Autrans has the right to
work in an environment that is free from discrimination and harassment. 2.05 Violence Against Women
The parties hereby recognize and share the concern that women uniquely face situations of
violence or abuse in their personal lives that may affect their attendance or performance at
work. A woman who is in an abusive or violent personal or domestic situation will not be
subjected to discipline without giving full consideration to the facts in the case of each
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individual and the circumstances surrounding the incident otherwise supportive of
discipline. This statement of intent is subject to a standard of good faith on the part of the
Employer, the Union and the affected employees and will not be utilized by the Union or the
employees to subvert the application of otherwise appropriate disciplinary measures.
ARTICLE 3 - UNION SECURITY
3.01 All current employees who have not done so and all new employees will be required to
complete and sign an Application for Membership and Authorization for Check-off of dues
and Initiation Fee on Form A230-86, supplied by the Union to the Company.
3.02 The Local Union copy of this form will be forwarded to the Local Union Financial
Secretary upon completion. 3.03 All dues and initiation fees deducted will be remitted to the Local Union Financial
Secretary by the fifteenth (15th) of the month following the month in which the dues or
fees are deducted. 3.04 The Company will also supply a list of those members who did not have Union dues,
deducted and the reason why no deduction took place. 3.05 The Financial Secretary of the Local Union will notify the Company of any change in the
amount of Union Dues and/or Initiation Fee to be deducted in line with constitutional
requirements of the National Union. 3.06 Union dues will be shown on the employee’s T-4 form.
Union dues: when to deduct and amount to be deducted
3.07 Union dues are payable from the first full pay received by the employee following the date of
hire, and thereafter, will be deducted on a weekly basis from the employee’s pay.
3.08 Dues are not payable when a member receives:
(a) sick and accident benefits;
(b) workers’ compensation benefits.
ARTICLE 4 - MANAGEMENT RIGHTS
4.01 The Union recognizes and acknowledges that the management of the operation and the
direction of the working forces are fixed exclusively by the Company, and that the rights of
the Company as they existed prior to the Union obtaining bargaining rights for the
employees continue to exist except as limited by this Agreement, and, without limiting the
said rights of the Company, the Union acknowledges that it is the exclusive function of the
Company to:
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(a) maintain order, discipline and efficiency and in connection therewith to make, alter and
enforce from time to time reasonable rules and regulations, policies and practices to be
observed by the employees; discipline or discharge employees for just cause, provided
that an employee who has yet to complete his or her Probationary Period may be
disciplined or discharged in the discretion of the Company provided that such action
is not taken in bad faith or in violation of Article 2.01, and further provided that a
claim for unjust discipline or discharge of an employee who has completed his or her
Probationary Period may be the subject matter of a grievance;
(b) select, hire, transfer, schedule vacations, promote, demote, classify, lay-off, recall or
retire employees and select employees for positions excluded from the bargaining unit;
(c) determine the location of operations, and their expansion or their curtailment; the
direction of working forces, the subcontracting of work, schedules of operations, the
number of shifts, job content, quality and quantity standards, programs and initiatives,
the establishment of work or job assignments, including cross training or temporary
assignments, the qualifications of an employee to perform any, particular job, the
nature of the tools, equipment, and machinery used and to use new or improved
methods, machinery, methods or processes, decide on the number of employees
needed by the Company at any time, number of hours worked, starting times of
lunches and breaks, and starting and quitting times; and
(d) have the sole and exclusive jurisdiction over all operations, buildings, machinery,
equipment and employees, except as limited by this Agreement. 4.02 The provisions of Article 4.01 are subject to the expressed provisions of this agreement and
management shall not exercise its rights in a manner inconsistent with the terms of this
agreement. 4.03 The Union will not engage in activities during working hours or hold meetings at any time
on the premises of the Company without the permission of the General Manager or his/her
designate, provided such activities or meetings are not related to a grievance.
ARTICLE 5 - DATA TO BE SUPPLIED TO UNION
5.01 The Company will supply to the Union committee the following information quarterly or as
defined below and send a copy to the Local Union office:
(a) employees who acquire seniority (within a reasonable amount of time);
(b) employees by rate and classification;
(c) employees transferred into or out of the bargaining unit; (immediate notification)
(d) employees on all types of leave of absence (upon request);
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(e) employees on Sickness and Accident and Compensation and the date of
occurrence; (3 days from company notification)
(f) lay-offs and recalls;
(g) employees who have lost seniority;
(h) employees who are discharged;
(i) names, addresses, and postal codes of all active employees;
(j) list of salaried employees, supervisors, names and shifts;
(k) All job postings, applicants and job awards; and
(l) The Company will provide a copy of all health and safety incidents and/or
accidents to the Health and Safety Co-Chair and Union Chairperson.
ARTICLE 6 - SENIORITY
6.01 Seniority will be established and maintained for all employees in the bargaining unit on a
bargaining unit-wide basis.
6.02 All employees’ names will appear on a seniority list as of their date of hire, and will be
revised monthly and posted on plant notice boards. A copy of such list will be given to the
Union Chairperson.
6.03 Employees will be regarded as probationary employees for the first sixty (60) working
days of their employment. Seniority will start from the first date of hire and their name will
appear on the seniority list in order of the respective date of hire.
6.04 In the event more than one employee is hired on the same date, the 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 seniority code number will be
highest seniority standing on such date.
ARTICLE 7 - LOSS OF SENIORITY
7.01 Seniority rights and the employee’s employment shall cease for any of the following
reasons:
(a) If an employee voluntarily quits the employ of the Company.
(b) If an employee is discharged for just cause and such employee is not reinstated
pursuant to the provisions of the grievance procedure.
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(c) If an employee overstays a leave of absence or remains away from work without
permission for a period of more than three (3) consecutive working days, unless a
reason satisfactory to the Company is given.
(d) If an employee fails to report to work in accordance with a notice of recall, or within
five (5) working days after registered mailing date of such notice, whichever is later,
unless a reason satisfactory to the Company is given.
(e) If laid off, a non-probationary employee will be retained on the seniority list for
period of thirty-six (36) months or for a period of time equal to his/her accumulated
seniority at date of layoff, whichever is greater.
ARTICLE 8 - LAY-OFFS AND RECALLS 8.01 (a) Subject to Article 8.01(b) below, where employees are being laid-off who have completed
their probationary period, the Company will give at least five (5) working days notice to such
employees and the Union of the temporary lay-off and, in the case of permanent lay-off, ten
(10) working days notice or the notice required by the Employment Standards Act, 2000,
whichever is greater. Temporary lay-off shall have the meaning provided in the Employment
Standards Act, Ontario and permanent lay-off shall mean those lay-offs greater than temporary
lay-off. The freeze period mentioned in Article 38.03 will not be applied to employees
changing jobs due to lay-off.
(b) In the event that a lay-off occurs as a result of an unscheduled halt in a customer’s
production, it is understood that the Company is not required to provide the notice referred
to in Article 8.01(a). 8.02 Whenever it becomes necessary to decrease the workforce, probationary employees will be
the first laid-off. If further lay-offs are necessary, employees with the least amount of
seniority shall be laid-off, provided those remaining employees with more seniority are able
to do the work available, with appropriate familiarization.
8.03 (a) Employees who have been laid-off in accordance with the above provisions will be
returned to work in line of seniority in which they were laid-off, provided they are able to
do the work available, with appropriate familiarization.
(b) Employees laid-off from their department will be given the option to return to that
department before any job bulletins are posted.
8.04 The Company will provide the Chairperson of the Unit with a list of employees to be laid-
off or recalled by written notice, also any cancellation of such notices.
8.05 Notwithstanding the seniority provisions of this Agreement, super lay-off seniority shall
apply to the following union representatives on their regular shift in the order listed below
with the Unit Chairperson having the greatest shift protection.
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(1) Unit Chairperson or designate - last person to be laid-off;
(2) Bargaining Committee Members - last two (2) employees prior to Unit Chairperson
to be laid-off; (vis a vis these employees seniority shall apply between them);
The super seniority provision shall only apply to a union representative if the union
representative is able to perform the work available, with appropriate familiarization. 8.06 If a position becomes redundant but then becomes available within a three (3) month
period of an employee being displaced, such employee formerly in that position will return
to the position. After a three (3) month period, the position will be posted as per the Job
Posting procedure.
ARTICLE 9 - INCAPACITATED EMPLOYEES
9.01 An employee who has been incapacitated as a result of injury or disease may be employed in
other available work in the plant without regard to the seniority provisions of this agreement,
subject to their seniority being applicable to layoff. Employees seeking accommodation
must present appropriate medical certification of their restrictions which will be reviewed at
least annually. The employee will pay for these medical certifications, however, where the
medical certifications are properly completed, any additional medical certifications will be
paid for by the Company.
The Company and the Union agree that where practical, reassignment for the purposes of
accommodating medical restrictions and facilitating rehabilitation should be identified
within the employee’s currently assigned team, shift and department prior to any other
transfer to another team, department or shift. In those instances where reassignment/transfer
is required, it shall be undertaken with the intent of returning the rehabilitated employee to
their assigned team.
The parties recognize their respective rights and obligations flowing from the legal
requirement to reasonably accommodate disabled employees.
The Company and the Union agree that in those instances in which an employee is
permanently reassigned within the Department or to another Team or shift, the junior
employee on the Team or in the Department, as the case may be, will be displaced unless the
parties agree otherwise in accordance with the principles of accommodation. A change in
shift under this article will only occur if required to facilitate an accommodation.
ARTICLE 10 - GRIEVANCE PROCEDURE
10.01 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as
quickly as possible, and it is generally understood that an employee has no grievance until
he/she has first given his/her immediate supervisor an opportunity to adjust the complaint.
Such discussion shall be held within five (5) days of the date of the alleged occurrence said
to have caused the complaint, or when the employee should have been aware of the
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occurrence said to have caused the complaint, and the employee may have a Union
Committee person present for such discussion. 10.02 If an employee has any complaint or question which he/she wishes to discuss with the
Company, the employee may, either alone or with the Union committeeperson, discuss the
matter with the employee’s immediate supervisor. The employee’s supervisor will give
his/her decision within two (2) working days and, if the answer is unsatisfactory, the matter
may be raised with the department manager within one working day. The department
manager will then give his/her decision within an additional three working days. 10.03 If such complaint or question is still not settled to the satisfaction of the employee
concerned, the following steps of the grievance procedure may be invoked. Time constraints
in the grievance procedure shall only be extended by mutual agreement.
Step 1 - The employee may present, together with a Union committeeperson, any grievance to
the immediate Supervisor or designated representative and such grievance shall be in
writing. Such grievance shall be presented within five (5) days from the date of the
supervisor’s response. The immediate Supervisor or his/her designated representative shall
give his reply in writing within five (5) days.
Step 2 – If such reply is not satisfactory, the grievance may be forwarded to the General Manager of the Company within five (5) days of the receipt of such reply. The General Manager, or his/her designate, the Unit Chairperson and the Committeeperson(s) from one or both shifts shall meet to discuss the grievance within ten (10) days. The Company will only pay for the meeting time of the off-shift committeeperson if the grievance concerns the off-shift and shall only pay committeepersons for that portion of the meeting dedicated to grievances for which they are the responsible committeeperson. Additional time spent in Step 2 meetings by committeepersons shall be charged to and paid by the Union. The Company will respond in writing within five (5) days of the meeting. If the grievance is not resolved at this meeting, either party may refer the matter to arbitration. The National Unifor representatives and/or the President of the Local Union may be in attendance at this meeting if they so choose and shall be in attendance if requested by the Company.
10.04 Policy or group grievances or discharge grievances shall commence with the second step of
the grievance procedure. 10.05 A group grievance is a grievance that affects more than one (1) employee. Employees
affected by a group grievance will be represented by one (1) affected employee in addition to
the Chairperson of the Unit and National UNIFOR representative and/or President of the
Local at any meetings with management held to discuss the group grievance. 10.06 The term “working days” when used in this A greement for grievance procedure shall
exclude Saturday, Sunday, holidays and vacations where there is a plant-wide shutdown as
defined herein. 10.07 A Committeeperson may leave his/her work without loss of pay to perform Union business
subject to the conditions below:
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(a) Such business must be between the Union and the Company.
(b) The time shall be devoted to the prompt handling of necessary Union business.
(c) A Committeeperson shall obtain permission of the Supervisor concerned, which shall
not be unreasonably denied, before leaving his/her work.
(d) The time away from productive work shall be reported in accordance with the
timekeeping methods of the Company.
(e) The Company reserves the right to limit the time if it deems the time so taken to be
excessive; however, such time shall not be unreasonably limited. When a
committeeperson is so requested by an employee, the Company will allow the
committeeperson to speak with the employee within two (2) hours from request. When
an employee requests to speak with a committeeperson during the last hour of the shift,
the committeeperson will be allowed to speak with the employee during the first two
(2) hours of the next work day’s shift.
ARTICLE 11 - ARBITRATION
11.01 If arbitration is to be invoked, the request for arbitration must be made in writing within ten
(10) days after the grievance has been answered in Step 2. 11.02 When either party requests that a grievance be submitted to arbitration, they shall make
such request in writing addressed to the other party to this agreement and at the same time
nominate an arbitrator. The parties shall then mutually agree upon an arbitrator within
fifteen (15) days. If they are unable to agree upon an arbitrator within the period, they may
then request the Ontario Labour Management Arbitration Commission to select an arbitrator. 11.03 The sole arbitrator will set a date for the hearing, within reasonable time, to permit both
parties to present their case and will render a decision as soon as possible after the
completion of hearing all evidence. 11.04 The proceedings of the arbitrator will be expedited by the parties hereto and the decision of
the arbitrator will be final and binding upon the parties hereto.
11.05 No matter may be submitted to arbitration that has not been properly carried through all
previous stages of the grievance procedure.
11.06 The parties will equally bear the fees and expenses of the sole arbitrator. Any witnesses
called by the parties will be at their individual expense.
11.07 The arbitrator shall not be authorized to make any decision inconsistent with the provisions
of the Agreement, nor to alter, modify, or amend any part of the Agreement.
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ARTICLE 12 - LEAVE OF ABSENCE
12.01 Leave of absence without pay and without loss of seniority will be granted at the discretion of
the Company upon written request made at least two (2) weeks in advance. The Company will
respond to the employee with the outcome of a properly submitted leave request within five (5)
working days of the leave request being properly submitted. In considering such a request, the
Company will not act in an arbitrary, bad faith or discriminatory manner.
12.02 The Company will grant a leave of absence without pay for employees to attend Union
business outside of the plant provided that the aggregate number of days of absence per year
do not exceed seventy (70) days, provided that no more than three (3) employees take leave
at the same time, one (1) per shift (unless otherwise agreed to by the parties) and such
requests are in writing at least one (1) week in advance. During such leaves of absence, the
Company will continue the employees’ wage payments and the Union will reimburse the
Company for such payments.
It is further understood that if the Company returns to a one (1) or two (2) shift per day
operation, the number of employees eligible for such leave will be reduced from six (6) to
four (4) and the aggregate number of days of absence per year will be reduced from
seventy (70) to forty-five (45) days.
Notwithstanding paragraph 1, it is understood that the total Committee will be allowed to
take a leave of absence at the same time, once per year, should it be requested. 12.03 An employee convicted of an offence will be granted a leave of absence up to ten (10) days
for purposes of his/her detention.
12.04 (a) A bargaining unit employee elected or appointed to a full-time National Representative
position with Unifor will be granted an unpaid leave of absence for a period of up to three
(3) years, without loss of seniority and will be without wages, benefits or any other form of
compensation. Such leave will be automatically renewed upon request.
(b) A bargaining unit employee elected or appointed to the position of President, Vice
President, will be granted an unpaid full time leave of absence for a period of up to three (3)
years, without loss of seniority or benefits or pension. The Company will be reimbursed by
the Local Union for benefits premiums, or pension contributions relating to the time period
in which they are on leave. It is understood that while the employee is working for the Local
Union, the Local Union will assume all WSIB liabilities.
It is understood that only one (1) bargaining unit employee may be granted a leave of
absence under Article 12.04(b).
(c) In the event that a bargaining unit employee is elected or appointed to the position of
Financial Secretary or Recording Secretary the bargaining unit employee will be granted a
paid leave of up to 1-day per week without loss of seniority benefits or pension for the
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purpose of performing their elected roles for the Local Union. It is understood that while the
employee is working for the Local Union, the Local Union will assume all WSIB liabilities
in the event that the employee is injured while being paid by the Company but not engaged
in work activities for the Company. It is understood that the costs incurred by the Company
will be charged back to the Local Union at the rate of 1.45 times the regular rate of pay.
12.05 All other leave requests (excluding TPT and Vacations) in respect of which proper
paperwork has been submitted will be responded to within 5 working days of receipt of the
properly completed and submitted paperwork.
ARTICLE 13 – MATERNITY/PARENTAL LEAVE
13.01 The Company shall comply with the provisions of the Employment Standards Act, Ontario,
with respect to maternity/parental leaves.
ARTICLE 14 - REPORTING-IN PAY
14.01 In the event that an employee reports for work on his/her regular scheduled shift and the
Company has not made a good faith attempt to advise the employee not to report, he/she
will be given at least four (4) hours employment at the applicable hourly rate or, at the
election of the Company, he/she will receive a minimum of four (4) hours pay at the
applicable hourly rate. If the Company decides not to provide work as a result of some
occurrence beyond the control of the Company, the Company shall not be liable to pay an
employee under this Article. 14.02 Employees who have commenced the second half of their shift shall be paid for the balance of
the shift.
ARTICLE 15 - EMERGENCY CALL-BACK PAY
15.01 Any employee called back to work after completion of his/her regular shift shall receive in
such instances a minimum of four (4) hours pay based on the applicable rate.
ARTICLE 16 - JURY DUTY
16.01 Seniority employees who are called to and report for Jury Duty, or are summonsed as a
Crown Witness in a criminal or civil proceeding, shall be paid their hourly rate for each day
lost, less any Jury Duty or Witness Fees received, if the employee would otherwise have
been scheduled to work for the Company on such day. For purposes of this Article, the
employee shall be deemed to be on the day shift.
The employee will present to the Company proof of Jury Duty or for acting as a Crown
Witness and proof of the amount of pay received for such services.
If a dependent child of an employee is summonsed to court, the employee will be excused
from work without pay upon provision of proof of the summons.
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ARTICLE 17 - BEREAVEMENT
17.01 In each instance where there is a death of a non-probationary employee’s spouse, child
or step-child, parent, step-parent or siblings, while the employee is actively working for the
Company, the employee shall be granted an excused absence of five (5) working days at
his/her base rate of pay for the purpose of attending the funeral and conducting other
associated activities. Such leave shall be taken immediately unless otherwise agreed to by
the parties.
An employee may defer one (1) bereavement leave day to the date of memorial and/or funeral
service, if it’s a working day.
17.02 In each instance where there is a death of a non-probationary employee’s grandparents,
parent or grandparent of current spouse, grandchildren, sister-in-law or brother-in-law, while
the employee is actively working for the Company, the employee shall be granted an
excused absence of three (3) working days at his/her base rate of pay for the purpose of
attending the funeral and conducting other associated activities. Such leave shall be taken
immediately unless otherwise agreed to by the parties.
In the case of aunts and uncles, one (1) day shall apply.
An employee may defer one (1) bereavement leave day to the date of memorial and/or funeral
service, if it’s a working day. 17.03 If bereavement leave is required during a scheduled vacation, statutory holiday, Summer
shutdown or Christmas shutdown the bereavement days shall run consecutively.
17.04 The employee shall advise the Company if he/she wishes time off due to a death of a family
member listed above. The employee shall provide to the Company satisfactory evidence
under this clause. 17.05 Additional unpaid leave may be requested for special circumstances. For example, to attend
a funeral which requires extended travelling. ARTICLE 18 - LUNCHROOM, WASHROOM AND FIRST-AID
18.01 The Company shall provide lunchroom and clean washroom facilities, as well as first-aid
supplies. The Union representatives on the Health and Safety Committee from each shift
will be trained in CPR.
ARTICLE 19 - BULLETIN BOARDS
19.01 The Company agrees to provide two (2) locked bulletin boards in the plant for the purpose of
posting Union notices. Notices will be signed and posted only by a Committeeperson and
will be in keeping with the spirit and intent of this Agreement. Union to be supplied with
the keys.
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19.02 The General Manager, or their designate, must be notified of all postings and retains the
right of prior approval, such approval will not be unreasonably denied. Prior to posting, all
notices shall be initialed by the General Manager, or their designate.
ARTICLE 20 - COPY OF AGREEMENT
20.01 The Company shall provide a copy of the new Collective Agreement for proofreading to
the Union within fifteen (15) days of ratification. The Company shall provide an electronic a
copy of the Collective Agreement to all employees within sixty (60) days of receiving
approved proof back from the Union. The Company shall provide an electronic copy of the
Collective Agreement to the Union. The Company will provide one hard copy of the
collective agreement to each employee. Replacement copies will not be provided. 20.02 The Company will supply an outlined brochure of all the Company paid benefits such as
insurance, vision care and dental plan and the Employee Assistance Program within sixty
(60) days of ratification.
20.03 The full text of insurance plans will be provided to the Union upon request.
ARTICLE 21 - STRIKES AND LOCKOUTS
21.01 The Company and the Union agree to abide by the Labour Relations Act, Ontario with
respect to strikes and lockouts.
ARTICLE 22 - CLASSIFICATION AND WAGES
22.01 There will be five (5) departments established by the Company, they being Production,
Materials, Inspection, Maintenance and Rework.
22.02 The Company will pay employees according to the wage and classification structure
attached as Appendix A.
22.03 The employees will be paid each Thursday by direct deposit, or by cheque if the provider is
unable to do so. Pay statements will be available electronically through the Kiosk or
similar method on the plant floor.
ARTICLE 23 - HOURS OF WORK
23.01 The regular work week will consist of forty (40) hours and shall be either five (5) eight (8)
hour days or four (4) ten (10) hour days, subject to customer needs and schedules. Nothing
in this Agreement (including Article 23.01 and Article 23.03) shall be construed as a guarantee
of hours of work per day or per week, or days of work per week, or as a guarantee of
working schedules, starting or quitting times, but shall serve to assist the parties in the
computation of regular pay and overtime pay. Employees who commence work between
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5:00 a.m. and 1:59 p.m. shall be considered day-shift employees, all other employees who
commence work outside these hours shall be considered off-shift employees.
23.02 (a) The Union agrees that as a condition of employment, daily overtime beyond eight (8)
hours in a day is voluntary for employees on a five (5) day, eight (8) hours per day shift
schedule, subject to Article 23.02(d).
(b) The Union also agrees that as a condition of employment, employees shall be required
to work such Saturday overtime as the Company may require provided that the total
mandatory hours to be worked in a week shall not exceed forty-eight (48) except as
provided in Article 23.02(d).
(c) Every effort will be made to consult with the Union Committee regarding the most
acceptable schedule and to provide maximum notice to the employees who may or shall be
required to work.
(d) The Company will have the right to require every employee to work overtime hours
over and above their normal daily hours of work, on one occasion every calendar year
provided that the total mandatory hours to be worked by an employee during the week
he/she is required to work such overtime hours shall not exceed fifty-two (52) hours for that
week. Where the Company requires an employee to work their overtime hours on a given
day, it will first assign these hours to the most junior employee in the same classification,
department and shift affected. Once this employee works his/her overtime hours under this
clause, he/she will have fulfilled his/her obligation and when a requirement for more
overtime hours arises again, the next junior employee in the same classification, department
and shift affected will be the person required to work those overtime hours. This process
will continue, going up the seniority list (i.e. junior to senior).
The Company will provide a minimum of 30 (thirty) minutes notice to the first employee
mandated to work. In the event that the first employee refuses to work, subsequent requests
may be made less than 30 (thirty) minutes prior to the time overtime begins. In cases where
an employee calls in past the time agreed upon by the parties in 23.02 (e), the Company will
notify the union and such timeline will be waived.
The Company has the right to require the last shift in the work week to stay on overtime if
the buffer is below 55 to a maximum of 15 minutes of working time. This shall not count
toward employee mandates. Employees will be paid for 30 minutes (which is inclusive of
breaks), at the applicable overtime premium.
(e) When an employee is absent, the employee shall call one (1) hour prior to shift start
unless a reason satisfactory to the Company is given. If the Company is required to have a
gap between shifts, there will be discussions with the Union regarding the amount of time
for call-in prior to shift start.
23.03 Subject to Article 23.01 and subject to customer needs and schedules, in the case of a three (3)
shift operation the regular hours shall be as follows:
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DAY SHIFT: 7:00 a.m. to 3:00 p.m. Monday to Friday
AFTERNOON SHIFT: 3:00 p.m. to 11:00 p.m. Monday to Friday
MIDNIGHT SHIFT: 11:00 p.m. to 7:00 a.m. Sunday to Thursday
In lieu of the paid rest periods provided in Article 24.01, the Company agrees to provide
two (2) ten (10) minute breaks and one (1) twenty (20) minute paid lunch period per shift.
Shift Changes
23.04 When the Company requires an individual to permanently change shifts, a minimum of one
(1) weeks’ notice will be given.
23.05 An employee may request a voluntary shift change. A voluntary shift change is only
allowed once per calendar year for each employee. If such change is acceptable to the Union
and the Company, voluntary shift change requests will be put on the bulletin board and will
be restricted to employees working within the same classification and department. The
employee with the highest seniority who has expressed interest and who is able to perform
the work available, with appropriate familiarization, will be assigned the voluntary shift
change. Voluntary requests will be for a minimum of three (3) months, up to a maximum of
six (6) months.
If one of the employees involved in the voluntary shift change becomes unavailable for
work, or is unable to perform the duties required, the voluntary shift change will be
cancelled.
ARTICLE 24 - PAID REST PERIOD
24.01 The Company will schedule two (2) rest periods of ten (10) minutes, one in each half shift,
and a ten (10) minute rest period prior to the commencement of any overtime of two (2)
hours or more.
ARTICLE 25 - OVERTIME EQUALIZATION
25.01 Overtime opportunities will be distributed first by team on a rotational basis by seniority
within the team. Team overtime shall be tracked based on overtime opportunities and be
posted weekly. A copy will be provided to the Union Chairperson weekly. If the overtime
requirements cannot be met within the team, overtime will then be offered to floaters on
shift on the basis of seniority provided that they are able perform the work required. Where
overtime is not satisfied by floaters, it will be distributed based on seniority to the
department working on the same shift provided that they are able to perform the work
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required. Overtime outside of Teams will be offered by department by shift on a rotating
seniority basis provided that they are able to perform the work required. A list shall be
posted and updated daily showing the date each employee was offered overtime.
Full shift overtime opportunities on Saturdays will be worked by employees on the shift on
which the overtime is scheduled and will not be offered on a plant-wide seniority basis.
Full shift overtime opportunities scheduled during shutdowns, Sundays and paid holidays
will be offered to employees on the shift on which the overtime is scheduled, and then by
Teams (where applicable) on the alternate shifts, and, if insufficient employees have
volunteered, then plant-wide by seniority and, if additional employees are still needed,
junior employees from that shift may be directed to work overtime in reverse seniority order.
Non-production work creating overtime opportunities that are assigned to bargaining unit
employees during shutdowns, paid holidays or Sundays will be offered plant-wide by
seniority to employees able to perform the work.
25.02 An employee who believes that his/her overtime opportunity rights have been bypassed
shall within five (5) days notify the Company of the lost overtime opportunity. If the
employee is correct that he/she lost an overtime opportunity, the Company shall within five
(5) working days after being notified by the employee offer the employee an overtime
opportunity in priority to other employees. The Company shall give the employee one
shifts’ notice of the overtime opportunity. If the employee does not accept the overtime
opportunity, the employee forfeits the overtime opportunity.
If the Company fails to provide the overtime opportunity as described above, then the
employee will be compensated an amount equivalent to the overtime pay such overtime
opportunity would have provided.
When the Company during business hours is required to call people at home to work
overtime, a designated phone line will be used to track calls for a six (6) month trial period.
If the parties are not agreeable to continue using the dedicated phone line at the end of the
six (6) month trial period, the Company will revert to having a member of the bargaining
committee or alternate present when the calls are made.
An employee’s normal overtime opportunity will not be utilized to make up a lost overtime
opportunity.
ARTICLE 26 - OVERTIME PAY
26.01 Any work performed by an employee in excess of eight (8) hours in a day or forty (40)
hours in a week will be paid for at the rate of time and one-half.
26.02 All work performed on Saturday will be paid for at the rate of time and one-half.
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26.03 All work performed on Sunday will be paid for at the rate of double time, except Sunday
night start-up. For all purposes under current shift schedules, Sunday shall be recognized as
beginning at 11 p.m. Saturday night, ending 11 p.m. Sunday night. If the shifts
referenced in Article 23.03 are adjusted, then the definition of “Sunday” shall be deemed
amended such that the Company is not required to pay double time for any hours falling
within an eight (8) hour shift that is, in essence, a Saturday shift or a Monday shift.
26.04 All work performed on a paid holiday will be at the rate of double time.
26.05 Overtime will be paid weekly on the normal pay cheque.
26.06 If an employee is called in to work before their regular shift, then is sent home by the
Company during their regular shift without being provided with eight (8) hours regular
work, work performed prior to the regular shift shall be paid at overtime rates.
Employees leaving work voluntarily, prior to completion of their regular shift, will not be
paid overtime rates for pre-shift work. Nothing in this Article precludes a good faith change
in shift start times and nothing in this Article requires overtime pay for hours falling within
the amended shift.
ARTICLE 27 - UNION REPRESENTATION
27.01 The Union shall be entitled to appoint one (1) Committeeperson on each shift as well as the
Chairperson.
27.02 The Company agrees that the Chairperson shall be assigned to the day shift and will be
allowed eight (8) hours each day to perform their duties, until such time as the number of
actively working employees falls below two hundred and seventy-five (275). In the event
that the number of actively working employees falls below two hundred and seventy-five
(275), the Chairperson will be allowed four (4) hours each day to perform their duties.
27.03 The Company shall recognize the chairperson and committee persons as the bargaining
committee for purposes of negotiating the renewal of this Agreement. The Company shall
pay these, employees for their attendance at negotiations for up to eight (8) days each lost
pay. It is further understood that where the Company returns to an operation with less than
three (3) shifts, the number of employees on the Bargaining Committee shall return to three
(3). The above will not be deducted from yearly aggregate days.
27.04 The Union shall furnish the Company with an update in writing on the current Union
representatives and alternates whenever there is a change.
The alternates shall be on the same shift as the Union representatives with the exception of
the Union Chairperson. The appointment of alternates shall be at no cost to the Company
(for example make up shifts, etc).
27.05 The Company will recognize alternates to replace the regular representatives.
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27.06 The Company agrees to provide a Union Office, with a desk, chairs, a phone line, computer,
printer, office supplies and two (2) filing cabinets for the exclusive use by the Union
Committee.
ARTICLE 28 - TRANSFERS
28.01 Employees transferred to a position outside of the bargaining unit will not accumulate
seniority and after sixty (60) working days, they will lose all seniority rights to return to the
bargaining unit.
28.02 Employees returned to the bargaining unit prior to the sixty (60) working days will be
credited only with such seniority acquired while in the bargaining unit. Such employee
shall not have a right of return to their former position and shift.
28.03 Employees who return to the bargaining unit under the above clauses will go to the
opening on the off shifts or bump the junior person in the plant.
ARTICLE 29 - NEW EMPLOYEE ORIENTATION
29.01 The Company agrees to introduce a new employee to his/her Union representative and to
provide them with a fifteen (15) minute period for the Union representative to discuss with
the new employee the provisions of the Collective Agreement within the first week of
employment. All new employees will be introduced to their Shift Committeeperson at the
beginning of their first shift.
ARTICLE 30 - DISCIPLINE AND DISCHARGE
30.01 When an employee is called in by a member of Supervision to be issued discipline less than a
termination, the Shift Committee Person, or their designate, will be informed in advance, and
the employee will be advised that they will have their Committee Person present. Such
meetings will be conducted in a private area. The Plant Chairperson, or their designate, will
be notified of all suspensions and terminations in advance of such discipline, including the
suspension of an employee pending an investigation. The Plant Chairperson or their
designate will generally be provided with one (1) hour notice of such meetings, provided that
in circumstances where immediate action is appropriate or confidentiality considerations are
paramount, shorter notice shall be provided. The Shift Committeeperson, or their designate,
shall be present at any meeting where a suspension will be issued. The Plant Chairperson,
or their designate, shall be present for all instances when a termination will be issued. The
Plant Chairperson shall receive copies of all disciplinary action taken against employees. 30.02 Prior verbal and written discipline shall not be relied upon by the Company for purposes of
further disciplinary action where the Employee has a discipline free record for a period of
twelve (12) months; or, in the case of suspension, eighteen (18) months.
ARTICLE 31 - HEALTH AND SAFETY
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31.01 The Company and the Union recognizes its obligations to provide a safe and healthy work
environment for its employees. The Company and the Union will co-operate in maintaining
a safe plant
31.02 The Company, the Union and employees agree to comply with the Occupational Health
and Safety Act and Regulations for Industrial Establishments; which includes a jointly
administered Health & Safety Committee.
31.03 The Company will provide, where required, at no cost to the employees, eye protection,
hearing protection and gloves. The Company will contribute $150 to the cost of safety
footwear once every twelve (12) months and maintenance $190 every twelve (12) months.
This amount will be issued to all employees in Oct of 2013 and then every twelve (12)
months thereafter. The Company will also provide other protective equipment, where
deemed necessary. Anyone who abuses the personal protective equipment program will be
dealt with following Autrans’ discipline procedure.
31.04 The Health & Safety Committee will be comprised of one (1) member per shift to discuss
any matters pertaining to health and safety, to inspect all areas of the plant and to report
their recommendations to the Company. The Committee members will be paid at their
applicable hourly rate for their time spent. Meetings will be set by mutual agreement, but
shall not be held less than once (1) per month. Committee meetings comprised of all active
Health and Safety representatives at their discretion.
31.05 There will be one (1) Health and Safety Representative per shift that will be certified as per
the Occupational Health and Safety Act. The Company will bear the cost of certification for
these representatives, elected or selected by the Union, during the length of this contract.
31.06 Off-shift Health and Safety Representatives will be allotted two (2) hours a month during
their shift for the purpose of administrative duties. The Co-Chair will receive time, as
reasonably needed. 31.07 There shall be two (2) C o-Chairpersons on the committee. One (1) of which shall be
selected or appointed by the Union and such Co-Chairperson will be assigned to the day
shift. The other Co-Chairperson shall be a Company member. 31.08 During the absences of the Union Co-Chairperson, the Company shall recognize an
alternative Co-Chairperson designated by the Union.
31.09 Employees will have the right to refuse unsafe work in accordance with the provisions of
the Occupational Health & Safety Act that is in effect. In the event that the Government of
Ontario enacts any legislative change to Part V (Right to Refuse or to Stop Work Where
Health or Safety in Danger) of the Occupational Health and Safety Act, Ontario and where
such change results in employees’ rights to refuse work or do particular work being
diminished, a joint committee shall be constituted and the joint committee shall make every
reasonable effort to establish a procedure which provides employees with substantially the
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same rights to refuse work or do particular work to those rights they enjoyed as at June 5,
1995. The Committee’s efforts shall be guided by and subject to the following principles:
(a) employees shall be provided with substantially the same rights to refuse work or do
particular work which they enjoyed under the Act as at June 5, 1995;
(b) there shall be no potential duplication of investigations, inspections, orders,
complaints or grievances; and,
(c) none of the Company, the Union or employees shall be put in a position where the
procedure would potentially require any of them to violate or not be in compliance with
any of the requirements of the Occupational Health and Safety Act, Ontario as amended
from time to time.
The parties agree that a violation of the obligation to make every reasonable effort to
establish a procedure in accordance with the above principles, may be the subject of the
grievance procedure under this Collective Agreement. 31.10 The National Health & Safety Representative shall be permitted to visit the workplace
upon prior notification provided that he is accompanied by the National Representative. Substance Abuse Assistance
31.11 During negotiations, the Company and the Union discussed substance abuse as it affects
our employees. In addition to the serious consequences to the individuals, both parties
recognize that substance abuse contributes to absenteeism and turnover, and other
disruptions of the workforce. Further, it can adversely affect safety, job performance, and
employee morale. The Company will continue to provide a comprehensive approach
toward dealing with substance abuse and its related problems. Such assistance may include
referral of employees to appropriate counselling services, or to treatment and rehabilitation
services.
Where the parties believe an employee is experiencing a substance abuse problem, this
matter will be reviewed and discussed by the Human Resources Manager and the Plant
Chairperson.
Where an employee attends a treatment centre away from the workplace, the Company will
continue to provide the normal group insurance benefits as provided under this Collective
Agreement.
Referral to an Independent Doctor
31.12 In the event that a Company selected doctor disagrees with an employee’s doctor about the
employee’s ability to return to work or their fitness to perform their job, the matter shall be
referred to an independent doctor whose decision shall be binding on the employee, the
Union and the Company. The independent doctor shall be selected by the Company selected
doctor and the employee’s doctor. Where no mutual agreement is reached, the independent
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doctor shall be selected by an arbitrator appointed pursuant to the provisions of this
Agreement.
ARTICLE 32 - VACATIONS WITH PAY
32.01 Employees will be entitled to vacation with pay. The vacation year is based on a
calendar year (January to December).
The length of vacation, as well as vacation pay, is based on an employee’s years of service
with the Company. Vacation pay will be calculated on gross earnings for hours worked on
the following criteria:
(a) Employees with less than six (6) months of service will not be entitled to any paid
vacation.
(b) Employees with six (6) months but less than one (1) year of service will receive
five (5) days vacation at the rate of four (4) percent of their gross earnings.
(c) Employees with one (1) year but less than three (3) years of service will receive ten
(10) days vacation at the rate of four (4) percent of their gross earnings.
(d) Employees with three (3) years but less than five (5) years of service will receive
twelve (12) days vacation at the rate of five (5) percent of their gross earnings.
(e) Employees with five (5) but less than ten (10) years of service will receive fifteen
(15) days vacation at the rate of six (6) percent of their gross earnings.
(f) Employees with ten (10) but less than twenty (20) years of service will receive twenty
(20) days vacation at the rate of eight (8) percent of their gross earnings.
(f) Employees with twenty (20) or more years of service will receive twenty-five (25)
days vacation at the rate of ten (10) percent of their gross earnings.
32.02 It is generally agreed that in determining vacation allotment the Company will take into
consideration the needs of the business. Unless the plant is generally closed down by the
Company for the purpose of a common vacation period, employees will be given their
vacation each year in time periods designated by the Company. Vacations within such
designated time periods shall be based upon seniority. Where an employee does not indicate
a preference prior to February 1st of the vacation year, vacation shall be assigned by the
Company.
Employees shall indicate their preference on a designated vacation form by numbering their
preferred weeks from 1-52. Single days shall be identified on a separate form and shall be
numbered in order of preference.
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The Union and the Company will work together with the vacation assignment process
during the 2018 process and will meet to discuss the vacation experience in the Spring of
2018.
All vacation days must be scheduled before a leave of absence will be considered.
32.03 Effective January 1, 2011, no employee will be required to work overtime during a full
week of approved vacation or on the weekend that follows.
32.04 One (1) day vacation requests will be granted after week long requests have been approved.
ARTICLE 33 - HOLIDAY PAY PLAN
33.01 The following shall be considered paid holidays under the terms of this Collective
Agreement:
In addition to the designated paid holidays, employees may take their birthday off, with pay. If a
birthday falls on a Saturday, it will be deemed to occur on the preceding Friday. If the birthday
falls on a Sunday, it will be deemed to occur on the following Monday. If the actual or deemed
birthday occurs on a designated paid holiday referenced in the chart above, it will be deemed to
occur on the preceding work day. An employee may designate a date, other than their actual or
deemed birthday, in their birth month, as their “designated birthday” for that particular year but such
date must be selected at least one (1) week in advance and is subject to approval by management. As
of January 1, 2014, an employee may also designate a date other than their actual or deemed
birthday that is a day on which they would be laid-off as a result of a customer holiday that
Autrans does not recognize. Any employee who agrees or is required to work on their birthday,
deemed, designated or actual, shall be paid their regular straight time rate for hours worked but
shall not receive any additional premium as a result of the date being designated a “holiday”. If an
employee’s actual or deemed birthday falls within the plant’s summer shutdown or Christmas
shutdown period, and the employee does not request an alternate day within that month, they will
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be paid a day’s pay for such date, in addition to any holiday pay or vacation pay otherwise payable
for that date. Paid birthdays are available to active employees and are otherwise subject to the
qualifying conditions applicable to all designated holidays.
33.01 (a) Seniority employees are eligible to be paid for the above holidays, provided that
they work their last normally scheduled working hours on the last regular working day
immediately before and immediately after the holiday(s), unless they provide satisfactory
reason for the absence. The Company may request proof for such absence.
(b) Employees not working the qualifying day immediately preceding or following the
December 24 to January 02 shutdown, will lose a maximum of two (2) days’ pay.
ARTICLE 34 - BENEFITS
34.01 The Company shall continue to pay the full premium cost of the current health and welfare
policy. Benefits cease the end of the month of lay-off except for LTD and STD which end
the day of lay-off. Coverage and eligibility shall be as provided by the insurance policy
currently in place which shall be inclusive of, but not limited to:
(i) drug expenses shall be provided by a two dollar ($2.00) per prescription drug card with
coverage at 100%. Generics may be substituted unless the Doctor states no
substitutions, dispensing fee cap of nine dollars ($9.00);
(ii) vision care shall increase to three hundred dollars ($300.00) every two (2) years,
seventy-five dollars ($75.00) towards the cost of an eye examination every two (2)
years;
(iii) dental coverage shall be at 100%, with the dental coverage cap at $1,750;
(iv) the Company will maintain a waiver clause so that eligible employees may receive
S&A benefits while waiting for WSIB benefits. Employee on WSIB shall continue to
receive health and dental benefits for a period of twenty-four (24) months from the date
of their incident claim;
(v) orthodontics will be provided for dependent children only with a 50% co-pay
insurance and a $1500.00 lifetime cap;
(vi) massage therapy maximum of $500 per year under paramedical services with the
same requirements; and
(vii) provide seven hundred and fifty dollars ($750.00) for hearing aids every thirty-six
(36) months.
34.02 CWIPP
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The Company will contribute forty-five (45) cents per regular hour worked to the CWIPP
defined contribution plan for the duration of the Agreement.
ARTICLE 35 - TERMINATION PAY AND SEVERANCE PAY
35.01 The Company shall comply with the provisions of the Employment Standards Act, Ontario,
as of the date of ratification, with respect to termination pay and severance pay.
ARTICLE 36 - UNIFORMS AND SAFETY ITEMS
36.01 The following shall be provided by the Company:
A total of seven (7) garments comprised of shirts and sweatshirts, of which no more than
two (2) will be sweatshirts and no more than two (2) will be summer weight T-shirts.
These garments will initially be issued upon successful completion of probationary period,
then every two (2) years thereafter in the month that is the employee’s month of hire. It is
understood that delays in returning uniform order forms will be the responsibility of the
employees. If, however, Company supplied clothing is torn or damaged prior to twenty-
four (24) months, through regular wear and tear at work, replacements will be provided. 36.02 The employees agree to wear the uniforms provided and all required safety items at all
times while at work.
ARTICLE 37 - TEMPORARY TRANSFERS
37.01 An employee who believes that he/she is being discriminated against or punished through
temporary transfers may raise this with a joint committee of the Company and the Union. If
the matter remains in dispute, it shall be subject to the grievance procedure. 37.02 (i) In the event an employee’s department needs to be reduced for any reason, the
Company shall transfer the junior employee in the department by shift to the work,
which is available, unless the senior employee in the department wishes to avail
themselves of such temporary transfer.
(ii) Employees may be temporarily assigned to a Team other than their own to assist with
operational needs in cases of short term contingencies lasting up to 15 working days at
the discretion of the Company. In circumstances in which temporary vacancies are
created by extended leaves, the Company has the discretion to temporarily transfer
employees for periods of six (6) months or less. Where an employee is off or will be
off from work for a period greater than six (6) months (with the exception of jury duty,
maternity leave, parental leave and adoption leave) and the job needs to be filled, the
Company will post a permanent posting. Employees returning after six months shall
be returned to a Team selected by the Company. Vacancies as a result of jury duty,
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maternity leave, parental leave and adoption leave will be filled in accordance with
Article 37.02(iii).
(iii) If an employee is off or will be off from work for a period greater than forty (40)
working days due to jury leave, maternity, adoption or parental leave, the employee’s
job shall be posted as a temporary posting. When the temporary posting lasts longer
than 52 weeks, it will be re-posted as another temporary posting. When the employee
returns to work, the employee shall return to the job they occupied prior to the leave
and any other employee affected thereby will also be returned to their former position.
(iv) The temporarily transferred employee will be paid their regular rate, or the regular rate
for the job they are being transferred to, whichever is higher.
ARTICLE 38 - JOB POSTING PROCEDURE
38.01 Until May 6, 2018 the Company has the discretion to assign employees to Teams in an
effort to determine the most effective and efficient Team structure. The Team positions
occupied by employees as determined by the employer as at May 6, 2018 shall become the
employees’ permanent positions (with the exception of employee’s temporarily filling
positions, and Team Leaders). 38.02 When a permanent job vacancy occurs and needs to be filled (this does not apply to filling
Team Leader positions) a notice of job vacancy including Team (where applicable),
department, shift and effective date will be posted and made available to candidates on the
same shift for three (3) regular working days. The successful applicant will be posted within
five (5) regular working days of the posting being taken down, and the applicant will be
placed in the job within fifteen (15) regular working days, except for situations outside the
control of the Company (i.e. lack of material or job posting cancellation). Once the posting
is taken down, employees cannot remove their name more than once every 12 months.
If the placement takes longer than fifteen (15) working days to complete, the Company will
provide written notice to advise the Plant Chairperson the reason of the anticipated time
delay.
The following scenarios will result depending on the vacancy created by the successful
applicant for the primary posting.
If the vacancy created by the successful applicant to the primary posting creates a
vacancy in day shift production, then it will be posted by Team (if applicable),
department and shift and made available to all departments on the alternate shifts.
Unless the resulting alternate shift vacancy is in materials, it will be then filled at the
discretion of the Company. If, on the other hand, the resulting alternate shift
vacancy is in materials, it will be posted and made available only to non-materials
employees on the same shift. The resulting vacancy will be filled at the discretion of
the Company.
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If the vacancy created by the successful applicant to the primary posting creates a
vacancy in materials, then it will be posted by Team (if applicable), department and
shift and made available to all other departments on the same shift. Unless the then
resulting vacancy is on day shift production, it will be filled at the discretion of the
Company. If, on the other hand, the resulting vacancy is on day shift production, it
will be offered to the alternate shifts only. The resulting vacancy will be filled at the
discretion of the Company unless it is a materials vacancy, in which case it will be
posted and made available only to non-materials employees on the same shift. The
final vacancy will be filled at the discretion of the Company.
If the vacancy created by the successful applicant to the primary posting is a vacancy
in any position other than in day shift production or materials, it will be posted by
Team (where applicable) shift and department and made available plant wide. The
resulting vacancy will be filled at the discretion of the Company, except in situations
where the resulting vacancy is in materials (in which case it will be offered to all
remaining departments on that shift) or on day shift in production (in which case it
will be offered to the alternate shifts only). The resulting vacancy will be filled at
the discretion of the Company unless it is a materials vacancy, in which case it will
be posted and made available only to non-materials employees on the same shift.
The final vacancy will be filled at the discretion of the Company
After December 31, 2018, in the event that a materials vacancy for a dock worker role is
declared, the opportunity will be posted. Up to 5 of the most senior employees who apply
for the position will be assessed to determine whether they have the skill and ability to
perform the Autrans dock worker job. The most senior applicant who demonstrates the
skills and abilities to perform the job will be awarded the position and will progress to the
trial period in paragraph 38.03 below.
38.03 The successful applicant will be the applicant with the greatest seniority who is able to
perform the work; up to a ten (10) day trial period will be provided if there is a dispute
about the employee’s ability to perform the work. If during the trial period the applicant is
found unsatisfactory, the employee will be returned to his/her previous job. (If an employee
asks to return to their former position during the trial period, such request shall be granted,
subject to the following exception regarding the materials positions). If an employee posts
into a materials position and requests a return to their former position during the trial period
and before their practical certification test, such request shall be granted. In the event that
any employee returns to their former position during the trial period, they shall not be
permitted to post to another position for a period of 6 months from the date that they are
returned to their former position.
38.04 Unless otherwise agreed to by the parties, employees with 12 months or less seniority may
not apply for temporary or permanent vacancies. A successful applicant will be required to
hold the position for a minimum of twelve (12) months from the date they start work in the
new position before being eligible to apply for another job vacancy.
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38.05 Employees occupying Team Leader positions as at May 6, 2018 will be grandfathered as
Team Leaders. The Company will post Team Leader opportunities thereafter by shift and
department, however, the successful candidate will be chosen based entirely upon the
Company’s assessment of a variety of factors such as skill and ability, quality record,
leadership capabilities, ability to train and interact effectively with other employees,
attendance, and over all employee job performance.
Only where the above factors are equal between two candidates, will seniority be applied.
In such cases, the employee with the most seniority will be awarded the position. Team
Leaders may not be appointed in a manner that is discriminatory, arbitrary or in bad faith.
The Company will provide the union with a list of employees in Team Leader positions as
of May 6, 2018.
38.06 Employees occupying Back Up Team Leader positions as at May 6, 2018 will be
grandfathered as Back Up Team Leaders. The Company will post Back Up Team Leader
opportunities thereafter by team, shift and department. The successful candidate will be
chosen taking into consideration seniority together with the Company’s assessment of a
variety of factors such as skill and ability, quality record, leadership capabilities, ability to
train and interact effectively with other employees, attendance, and over all employee job
performance. The Company will take into consideration the Back Up Team Leader’s
performance for up to 15 working days in the role of Team Leader and at its reasonable
discretion may remove the Back Up Team Leader’s designation should the employee not
sufficiently satisfy the requirements of the Back Up Team Leader appointment. The
Company will provide the union with a list of employees in Back Up Team Leader
positions as of May 6, 2018.
38.07 Employees occupying Floater positions as at May 6, 2018 will be grandfathered as Floaters.
Vacancies in Floater positions will thereafter be posted and filled based on seniority.
Floaters will be assessed for a minimum of 10 days and up to 30 days. The employee will
be assessed during the trial period based upon skill and ability to perform the job including
the applicant’s aptitude for effectively and efficiently performing a wide a variety of jobs in
the facility. Floaters will be assessed for a minimum of 10 days and up to 30 days. If at
any time during this period the Company in its discretion determines that the employee is
not performing to an acceptable level, the employee will be returned to their former
department and shift. Employees with restrictions may not apply for Floater positions. The
Company will provide the union with a list of employees in Floater positions as of May 6,
2018.
ARTICLE 39 - MISCELLANEOUS
39.01 On request of either party, the parties shall meet at least once every month until this
Agreement is terminated for the purpose of discussing issues relating to the workplace that
affect the parties or any employee bound by this Agreement.
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39.02 Whenever possible, when an employee has a pay shortage of twenty dollars ($20.00) or
more, the discrepancy will be made up on the day following the regular pay provided the
Company is notified in a timely manner. The onus is on the employee to use the automated or
manual system, otherwise all discrepancies will be provided on the next pay period cheque.
39.03 Once in a four (4) month period, the employee shall be, permitted to review the disciplinary
record on file.
39.04 If an absence is recorded as an Emergency Leave, the employee will be notified. The
employee may then advise the Company, within one working day of their return to work, if
they do not wish to have the absence recorded as an Emergency Leave.
39.05 WORK STANDARDS LANGUAGE
Where an employee is going to be given a verbal or written warning for “red lights”, the
Company will show the Union Chairperson time study summaries regarding the station(s) in
question.
Where an employee is going to be given a suspension for “red lights”, the Company will
show the Union Chairperson the time study summaries and if requested, will have the time
study Company person explain the time study summaries and its processes. The Company
will allow the Union Chairperson an opportunity to observe the station in question, in the
presence of the Company’s time study person, and will provide comparative performances
for the station(s) in question.
Where an employee is going to be terminated for “red lights”, the Company will allow
Union Chairperson to review the time study for the station(s) in question, with the
Company’s time study person. In addition, the Union Chairperson will have permission to
perform a work standard assessment at the particular station(s) in question provided the
Union Chairperson is using the same time study methodology as the Company.
The Union Chairperson will maintain strict confidentiality with respect to all information
regarding work standards including processes and time studies.
39.06 It is the responsibility of the employee to keep Autrans advised of their current name, address
including postal code and phone number(s). The information so provided will be regarded as
the employee’s official address for all purposes under this agreement.
ARTICLE 40 - QUALITY AND PRODUCTIVITY GOALS
40.01 The employees and the Union agree to cooperate with the Company in its efforts to reach its
quality and productivity goals during the life of this Collective Agreement.
ARTICLE 41 - UNIFOR TRAINING FUND
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41.01 The Company will pay three ($0.03) cents for each hour worked by bargaining unit
employees to the UNIFOR training fund. This amount will be paid annually.
41.02 The Company will contribute one cent ($0.01) per hour worked by bargaining unit
employees to the UNIFOR Social Justice Fund.
ARTICLE 42 – DELETED
ARTICLE 43 - TERMINATION
43.01 This Agreement will remain in effect for four (4) years from October 6, 2017, expiring
October 5, 2021, and unless either party gives to the other party written notice of termination
or of a desire to amend the Agreement, it shall continue in full force and effect on a year to
year basis thereafter.
43.02 Notice that amendments are required or that either party intends to terminate the
Agreement will only be given during the period of not more than ninety (90) days prior to
the expiration date of said Agreement.
It is understood that, during any negotiations following upon notice of termination or notice or
amendment, either party may bring forward counter proposals arising out of or related to the
original proposals.
AUTRANS CORPORATION UNIFOR LOCAL UNION NO. 2163
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APPENDIX A
WAGES
The wage rate for employees in the Production, Materials, Inspection and Rework Departments
shall be:
Date of Ratification: $750 lump sum (less deductions) for all bargaining unit employees on the
seniority list at the date of ratification.
June 1, 2018: $1000 lump sum (less deductions) for employees active as at that date and who
worked at least 500 hours in the 6 month period prior to that date (“Eligible Employees”)
October 6, 2018: 2.0% plus $1,000 lump sum (less deductions) for Eligible Employees
October 6, 2019: $1,000 lump sum (less deductions) for Eligible Employees
October 6, 2020: 2.0% plus $1250 lump sum (less deductions) for Eligible Employees
October 6, 2017 $21.08
October 6, 2018 $21.50
October 6, 2019 $21.50
October 6, 2020 $21.93
COMPANY PROPOSAL FOR MAINTENANCE: SAME AS ABOVE EXCEPT 2.25% FOR
THE % INCREASES
The wage rates for Maintenance Employees shall be:
October 6, 2017 October 6, 2018 October 6, 2019 October 6, 2020
Start $30.89 $31.58 $31.58 $32.29
6 months $31.20 $31.90 $31.90 $32.62
12 months $31.50 $32.21 $32.21 $32.93
Team Leaders shall be paid a Team Leaders’ premium of $1.60 per hour in addition to the wage
rate provided above. The duties of a Team Leader do not include the authority to discipline
employees.
No employee shall suffer a wage reduction as a result of the implementation of the wage rates
provided above. A shift differential shall be paid to employees whose regular shift commences after 11:00 am for
hours worked on those shifts as follows:
Afternoons: .70 Cents/hr Midnights: .70 Cents/hr
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The hiring-in rate will be 75% of the regular wage rate with increases in accordance with the following progression:
Year 1 – 75% Year 2 – 80% Year 3 – 85% Year 4 – 90% Year 5 – 100%
If Team Leader opts to stay for assembly operator overtime, they will be paid at the lower rate.
APPENDIX B – SKILLED TRADES
NEW - SKILLED TRADES
1. Skilled Trades for the purpose of this Agreement shall be those trades and classifications
working in the Maintenance Department.
2. The term “Journeyperson” as used in this Agreement shall mean any person who presently
holds a Journeyperson classification or equivalent within the Maintenance Department.
3. When an opening occurs within the Maintenance Department, Journeyperson classification
entrance will be limited to those individuals who:
(a) Presently hold a certification in a skilled trade occupation; and/or
(b) Have worked a minimum of eight (8) years at the trade with a UNIFOR
Journeyperson card.
4. Seniority in the skilled trades shall be department-wide.
5. Lay-off and recall within skilled trades will be by seniority in the maintenance department.
6. (a) The Company agrees to deduct Canadian Skilled Trades Council Dues as adopted by the
Canadian Skilled Trades Council equal to one half (1/2) hour of wages per year at the
employee base rate.
(b) The first such dues deduction will be made from the employee’s first pay following
completion of their probationary period.
(c) Thereafter, dues deduction will be made in January of each succeeding year upon
completion of one (1) months work in a calendar year. These deductions along with the
employees’ names shall be remitted to the Financial Secretary of the Local Union.
7. All skilled trade employees are responsible to supply their own tools necessary to properly
perform their jobs.
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The employees must provide an inventory of all tools and toolboxes kept on the Company
premises, including brand names, condition and approximate value in order to participate in
the tool replacement policy. This inventory will be verified by the Company and kept on file
for cross-reference should a loss occur.
All employee-owned tools damaged or worn out while performing work for the Company
will be replaced with a new tool of equal value provided that the damaged or worn tool is
turned in to the Company.
Tools to be replaced by the Company will be done within fifteen (15) working days when
possible.
Tool allowance of $350.00 in each year of the Collective Agreement, to be paid by January
15th
each year.
8. Skilled Trades Overtime
When overtime is required, overtime will be offered according to the Overtime
Equalization Article 25.
In the case of Skilled Trades overtime, equalization shall not apply whenever the particular
work being performed is a continuation of the particular project assigned for that day.
The Unifor skilled trades will be given the first opportunity to work overtime, prior to the
Company using contractors to do any maintenance work required.
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LETTERS OF UNDERSTANDING
LETTER #1- QUALITY STANDARDS
The Union agrees to cooperate in obtaining and maintaining international quality standards
TS16949.
LETTER #2 - REWORK
When new work is brought into the plant, the Company will meet with the Union Committee to
discuss whether the work is rework, warehouse or assembly work. Any dispute as to the nature of
the work shall be subject to the grievance procedure.
LETTER #3 - CONTRACTING OUT
During negotiations, the Company and the Union discussed at length the Company policy of
contracting out work normally performed in the plant. Before any such work is contracted out, the
Company will afford the Union the opportunity of discussing possible ways of keeping such work
in the plant.
LETTER #4 - WATER BOTTLES
This letter is written to confirm that employees will be allowed to have drinking water at their
workstations on the production line. The water will be contained in clear and leak-safe canisters.
LETTER #5 - PERSONAL RADIO EQUIPPED HEADSETS
The parties have discussed the use of personal radio equipped headsets, (i.e. i-Pods) in the
workplace. The Company has expressed concern regarding the use of radio headsets in the
workplace, specifically interference with communications, distraction from audible warning
devices, and foremost, the overall health and safety of employees.
After a trial period, it has been agreed that the use of radio headsets is allowed in the workplace
under the following conditions:
1. Forklift drivers, team leaders and maintenance employees may not use such headsets.
2. Only one earpiece will be permitted for others.
3. Headsets will not be used while walking through the plant.
4. If communication, performance or health and safety concerns arising from the use of
radio headsets increases, the status of this Letter may be reviewed.
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LETTER #6 - TUITION REFUND
An employee who wishes to enrol in a course under the Company’s Employee Development
Program must complete the tuition refund application, and submit it to the Human Resources
Manager for prior approval. When the course is completed, the employee must remit evidence of
successful completion, including course fees and textbook(s) paid, to the Human Resources
Manager, and the latter will make arrangements with the payroll office for reimbursement.
LETTER #7 - NOTICE OF PLANT CLOSURE
The Company will make every effort to give six (6) months notice of plant closure and, in any
event, will advise the Union within ten (10) days of being provided with written notice of
termination of the Company’s contract with a customer. The Company agrees to meet with the
Union Plant Committee at that time to negotiate a severance package for members of the
Bargaining Unit.
LETTER #8 - APPRENTICES
The issue of an Apprenticeship Program has been discussed at length and the parties have agreed
that if the Company commences such a program during the term of this agreement, they will meet
with the Union and negotiate the provisions related to a Skilled Trades Apprenticeship.
LETTER #9 – HOLIDAY DATES
It is agreed that the fourteen (14) and/or, fifteen (15) paid holidays referenced in Article 33.01
(excluding birthdays) may be subject to change, if a customer changes its production and holiday
schedule.
LETTER #10 – EMPLOYEE ASSISTANCE PLAN
The Company shall continue to provide employees with access to an Employee Assistance Plan.
LETTER #11 – SEPARATE ACCOUNTS FOR WAGES
When requested by an employee, an employee’s wages will be direct deposited into two (2)
separate accounts within the same bank institution, subject to the employee providing the Company
with the appropriate banking information. Such request will be made in writing.
LETTER #12 – DELETED
LETTER #13 – DELETED
LETTER #14 - SKILLED TRADES – SUB CONTRACTING OUT OF WORK
In the event that the Company is engaging outside Skilled Trades Subcontractors to perform work
regularly performed by employees in the bargaining unit, the Company will notify the Union and,
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upon request, will explain why the Company has determined that bargaining unit employees are not
available and/or do not have the skills to efficiently perform the work. Should there be skilled
trades employees with the necessary demonstrated skills who are ready and willing to perform the
work, they will be assigned available work.
LETTER #15 – BENEFIT CARRIER
Prior to finalizing a change of benefit carrier, the Company will advise the Union.
LETTER #16 – WOMEN’S ADVOCATE
The Company provides an Employee Assistance Program to support employees with issues that
may arise outside of the workplace. The parties recognize that female employees may sometimes
need to discuss, with another woman, situations of violence or abuse in their personal lives that
may affect their attendance or performance at work. They may also need to find out about
specialized resources in the community, such as counselors or women’s shelters, to assist them in
dealing with these and other issues.
The Woman’s Advocate will be selected by the Union from amongst the females bargaining unit
employees. She will participate in an initial five (5)-day training program sponsored by the Union
at no cost to the Company.
Once during the life of the agreement the five (5) day initial Advocate training will not count
towards aggregate union days. In subsequent years, the Woman’s Advocate will also be eligible to
attend update training which will also be at no cost to the Company. The update training will be
included in the total aggregate union days. Such leave request shall be submitted in writing a
minimum of two weeks before the leave is to begin. The Union will reimburse the Company for
the employee’s regular wages during this training period.
The Union will provide a cell phone to the Woman’s advocate. The Company will contribute $25
monthly towards the costs associated with the Advocate cell phone. The cell phone shall not be
used for personal use and shall only be used in respect of matters directly related to the duties of
the Advocate.
A dedicated email address for the sole use of the Woman’s Advocate will be issued by the Union.
The Woman’s Advocate will not use the phone on the plant floor, but in the event that it is
absolutely necessary to use the phone while working on the plant floor, the Advocate will seek
permission of her supervisor to leave the area to address the issue first. The Woman’s Advocate
has responsibility to the Company for her regular duties. She will request permission from her
Supervisor before leaving her work to attend or address any issue that arises pursuant to this letter
of understanding. Such leave will not be unreasonably denied where it can be done reasonably and
without interfering with the operations of the Company. The Woman’s Advocate must report back
to her Supervisor once the issue has been addressed. It is understood and agreed by the parties that
the advocate will handle the issues as expeditiously as possible when they arise during regular
working hours.
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The Company and the Union will develop appropriate communications to inform employees about
the advocacy role of the Woman’s Advocate.
This letter of understanding is experimental in nature and will expire at the end of this collective
agreement unless explicitly renewed.
LETTER #17 – BUMP CAPS
The Company will meet with the Union within 60 days of ratification to discuss the use of Bump
Caps in the facility.
LETTER #18 – GRIEVANCE PROCEDURE
During the current negotiations, the Company and the Union discussed at length how the
administration of the existing Grievance Procedure could be improved. The parties reaffirmed
their mutual determination that the purpose of the orderly collective bargaining procedures
between the Company and the Union is to secure prompt and equitable disposition of grievances
and to prevent interruptions of work.
As a result of these discussions the parties recognize that it would be in the best interests of
effective and efficient labour relations to closely follow the grievance process set out in the
collective agreement, including discussion between the employee and the supervisor at first
instance. Such discussion shall be held within five (5) days of the date of the alleged occurrence
said to have caused the complaint, or when the employee should have been aware of the
occurrence said to have caused the complaint, and the employee may have a Union Committee
person present for such discussion. The parties recognize that this discussion will not involve the
Union Chairperson without Human Resources also in the attendance. Such discussion can
contribute to an informed decision regarding potential resolutions to the employee’s complaint
prior to the formal filing of a grievance.
A commitment by both parties to avoid delay at any step of the Grievance Procedure serves the
interest of the employee, Union and Company in ensuring that grievances are handled in an
expeditious manner.
The parties agreed to review the contents of this letter with their respective representatives
responsible for the administration of the Grievance Procedure.
LETTER #19 – BREAK AREAS
Within 60 days of the ratification of this Agreement, upon the request of the Union, the Parties
agree to meet to discuss break areas.
LETTER #20 – SHIFT SWAPS
Shift swaps will be granted at the discretion of the Company upon written request at least one (1)
week in advance or as otherwise agreed to by the parties. In considering such a request, the
Company will not act in an arbitrary, bad faith or discriminatory manner.
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Shift swaps will be limited to scheduled Saturday overtime shifts only.
The employee will be responsible for finding replacements to cover their shifts. Replacements
shall be from the same team.
The Company reserves the right to restrict employees from participating in shift swaps if they fail
to fulfill their hours of work obligations in the swap and in their prior or subsequent shifts. Shift
Swaps must be in accordance with the Employment Standards Act.
LETTER #21 – VACATIONS WITH PAY
In collective bargaining the parties discussed situations in which employees may, for one reason or
another, find themselves entitled to vacation time without significant corresponding vacation pay.
In an effort to address this concern, the parties have agreed to the following arrangement for the
life of the collective agreement.
The parties agree that an employee’s annual vacation pay entitlement is spread evenly over the
employee’s entitlement to vacation time. When an employee has earned vacation time but is not
earned to corresponding vacation pay in the amount of 50% or less of their regular (40 hour)
weekly pay they may apply to waive their vacation time in one week increments.
Requests to waive vacation weeks and to work instead must be made in writing with as much
advance notice as reasonably possible. Such requests will not be unreasonably denied, however, it
is understood that requests made in respect of periods of general shut down will not be considered.
The unpaid vacation pay will be banked and paid out in December of the year in which the
vacation was to be taken.
In accordance with the Employment Standards Act employees must take at least two weeks’
vacation (whether paid or not) during the vacation year.
LETTER #22 – TEAM LEADERS
At collective bargaining the Company and the Union discussed Team Leader partial rotation under
the new Team structure. It is the Company’s current intention to provide Team Leaders with
partial rotation. In the event that partial rotation is not available to Team Leaders, the Company
agrees to discuss the situation with the Union and to seek to address any concerns of Team
Leaders regarding lack of available movement to other Teams.
LETTER #23 – BANKED OVERTIME
The Company and the Union discussed at length the issue of Banking Overtime during 2017
negotiations. Upon request, the Company agrees to meet with the Union and discuss the issue of
banking Overtime in June 2018 once workforce adjustments have been completed and established.
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LETTER #24 – CWIPP and Group RRSP
The parties agree that, subject to regulatory and legal impediments or delays, the employer and
bargaining unit employees will be exiting CWIPP and ceasing contributions by October 5, 2018.
This will be done only in the event that there are no penalties, increased contributions or special
payments required of the Company in exiting CWIPP. On the later of October 6, 2018 or the day
after the exit from CWIPP, if delayed, bargaining unit employees with at least three months of
active employment will be permitted to participate in a new Group RRSP for service on and after
the date of the exit from CWIPP which will be established by the Company with the following
terms:
1. The Plan will provide a mandatory Employer contribution of 3% based on 40 hours per
week of regular wages for active bargaining unit employees. Contributions will be made
monthly.
2. The Plan will also provide for a voluntary Employee contribution component of 1%, 2% or
3% of earnings.
3. If the Plan participants (employees) wish to make additional voluntary contributions to
their Group RRSP these amounts can be deducted from their pay. It is the sole
responsibility of the employee to ensure that these amounts when combined with the
Company's mandatory employer contribution, are within the legal RRSP contribution
limits and any tax consequences or penalties will be solely the employee’s.
4. Group RRSP withdrawals are not permitted until termination of employment or retirement.
5. All employer and employee contributions are immediately vested.
6. The Company will endeavour to negotiate preferred investment management fees with the
record keeper.
7. The Company will provide the “information and education” for the employees.
8. The Plan will comply with the Employment Standards Act, 2000.
9. The default strategy will be “target date fund”.
10. The Employer will bear the costs of setting up the plan.
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Memorandum of Understanding
TEMPORARY PART-TIME (TPT) WORKERS GUIDELINES
The parties agree herein to enter into a Temporary Part-Time (TPT) program at Autrans
Corporation. The intent of this program is to provide time away from the job, throughout the year,
for our associates through use of their vacation or unpaid time. The parties also agree that, aside
from the normal application of TPTs, periodic full-time use of TPTs may be agreed upon by the
parties.
1. The application to and staffing of the TPT program will be with the children of
current Autrans employees for first consideration over students who are not the children of
employees. All TPT workers must be in enrolled in post-secondary full-time school in
order to be considered for this program.
TPTs will normally be scheduled to work on Mondays, Fridays and Saturdays, to replace
seniority team members who have requested a prescheduled absence. During the period May
1st to Labour Day, TPTs may be scheduled to work Monday through Saturday. The parties
may agree to other days in addition to or in substitution for these days.
The Company and Union will meet to discuss TPT relief related to other significant events
which are to be mutually agreed to by the parties.
2. With a minimum of one (1) weeks’ notice, Autrans' associates may request TPT
coverage for their Monday, Friday or Saturday shift. TPTs may be scheduled for any part
(minimum of 4 hours) or all of the hours of a shift.
3. The intended use of TPTs is for production related activity. TPTs will not be used in other
departments or as team leaders, unless otherwise agreed to by the parties. At the discretion
of the Company, TPTs may be used to replace team members absent for unique
circumstances, as agreed to by the parties.
4. The use of TPTs, as described herein, shall not be subject matter for the Grievance
procedure as it relates to potential overtime violations as per Article 25 of the
Collective Agreement.
5. TPTs shall have union dues deducted as per Article 3 of the Collective
Agreement.
6. TPTs will not receive overtime premiums for hours worked unless they work greater than
forty (40) hours during a week.
7. TPTs are entitled to public holiday pay under existing law at the time such public
holiday pay is payable.
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8. TPTs shall not accumulate time toward the fulfillment of the sixty (60) day
probationary period nor acquire seniority as per Article 6.03 of the Collective Agreement
and will have no recall rights. In the event a TPT subsequently becomes a regular full-time
associate, such associate shall be considered a new associate and shall receive no credit for
any purpose for the time the associate was employed as a TPT.
9. TPTs shall be hired at and maintain the starting wage as per Appendix A.
10. The Company may discharge or terminate the employment of a TPT at any time,
without recourse to the Grievance procedure.
11. TPTs are entitled to vacation pay under existing law. Such vacation pay is payable on a
weekly basis.
12. There is no obligation to equalize working opportunities or overtime for TPTs
whatsoever.
13. The Company reserves the right to determine shift, quantity and departmental
assignments for TPTs.
14. The intake of TPTs will occur on an annual basis of when determined by the
Company to address significant TPT attrition or other adjustments when required to support
the program. Autrans Corporation has the right to assess applicants to the TPT program.
15. TPTs receive no additional benefit coverage beyond those for which they qualify for
under the parent's Autrans benefit coverages. Students who are not the children of
employees are not entitled to any Company benefits or pension plan.
16. TPTs are not entitled to receive any allowances, including, without limitation, safety boots
and clothing allowances. Autrans will provide non-prescription safety glasses and
disposable hearing protection.
17. Any unforeseen problems arising from this Agreement shall be subject for prompt
resolution between the Union and the Company. The program is subject to cancellation by
either party with a thirty (30) calendar day notice.
18. Laid-off employees may enroll in the TPT program and will have first opportunity to work
the hours available by seniority prior to TPTs being offered work opportunities. If there are
seniority employees on lay-off, then TPTs will not be utilized except in circumstances
where agreed to by the parties. Seniority employees who are enrolled in the TPT program
will receive their regular rate of pay, but no benefits or pension. Paragraph #10 will not
apply to seniority employees.
19. If a laid-off seniority employee who is enrolled in the TPT program refuses work
opportunities on three (3) consecutive occasions or the Company is unable to contact such
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employee on five (5) separate occasions, the Company will have the right to remove them
from the TPT program.
20. TPTs will be advised that they are being hired as a TPT/summer student and will sign
an agreement to this effect.
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