BETWEEN MAPLE LEAF CONSUMER FOODS INC. AGREEMENT … · 7.05 The company agrees to pay one half CV2l the cost of common meeting room for all negotiations. 7.06 The company agrees

AGREEMENT

BETWEEN

MAPLE LEAF CONSUMER FOODS INC. <Formerly known as Schneider Foods, a division of

J.M. schneider Inc> st. Marys

AND

THE UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

Expires: January 31, 2012

TABLE OF CONTENTS

Article Page 1. Purpose ....................................................................................................... 1 2. Recognition ................................................................................................. 1 3. Union Security ........................................................................................... 2 4. RelationshiP ............................................................................................... 3 5. Management Rights .................................................................................. 3 6. Human Rights .............................................................................................. 4 7. Plant stewards and Negotiating committee .......................................... 5 8. No strike, No Lockout. ................................................................................ 6 9. Grievance Procedure ................................................................................. 6 10. Arbitration ................................................................................................. 8 11. Seniority Rights ........................................................................................ 9 12. Vacancies, Job Posting, Promotions and Transfers .............................. 12 13. Layoff and Recall ...................................................................................... 13 14. Hours of work .......................................................................................... 15 15. overtime .................................................................................................. 18 16. Wages ........................................................................................................ 20 17. Statutory Holidays ................................................................................... 21 18. vacations .................................................................................................. 23 19. Leave of Absence ..................................................................................... 26 20. Uniforms and Tools ................................................................................. 27 21. Health and Welfare .................................................................................. 28 22. Health and Safety .................................................................................... 29 23. UFCW Training and Education ................................................................ 30 24. Duration ................................................................................................... 30

Schedule "A" ....................................................................................................... 32 Appendix "B" ....................................................................................................... 34 Letter of Understanding re Dual Rated Job Postings ............................ 40

THE UNITED FOOD AND COMMERCIAL WORKERS

CANADA, LOCAL 175

and

MAPLE LEAF CONSUMER FOODS INC. !formerly known as Schneiders Foods, a division of J.M. Schneider lnc.J

ARTICLE 1 - PURPOSE

1.01 The purpose of this Agreement is to set out the terms and conditions of employment and to provide an amicable method of settling differences or grievances.

ARTICLE 2 · RECOGNITION

2.01 The company recognizes the United Food and Commercial Workers canada, Local 175 as the bargaining agent of all employees of Maple Leaf consumer Foods Inc., formerly known as Schneiders Foods, a division of J.M. Schneider Inc., in the township of Perth south, ontario, save and except Team Managers, persons at or above the rank of Team Manager, Drivers, Office and Clerical employees, and Team Leaders.

2.02 The company agrees that Team Leaders will not perform bargaining unit work to the extent it causes the layoff or prevents the recall of full time bargaining unit employees. Bargaining unit work performed by Team Leaders will be as the current practice as follows, providing instruction or training, unexpected absence of bargaining unit employees, washroom relief, emergency situations, product or equipment conditions or for customer adjustments.

1

It is further agreed that the duties of the following Team leaders <Thigh Deboning day shift and night shift> will be adjusted in accordance with the above paragraph and consistent with other Team Leaders.

ARTICLE 3 • UNION SECURITY

3.01 All employees shall authorize the deduction of union dues and initiation fees. Deductions will be forwarded to the UFCW, Local 175 with a list showing the names of the employees from whom deductions were made to the Union by the first of the month following the deduction.

The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of email <{HYPERLINK "mail to:[email protected]"}> or on a computer diskette, as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel, auattro Pro, Lotus or other software program acceptable and adaptable to the Union. The spreadsheet will be in a format provided by the Union and the company will provide the following information as known to the company:

1. S.I.N. 2. Employee number 3. Full name <last, first, initial> 4. Full address 5. Telephone number 6. Date of full time hire 7. Rate of pay 8. Full time, part time designation 9. union dues deducted

2

10. Total dues deducted 11. seniority date 12. Initiation fees deducted 13. Total initiation fees deducted

In addition to providing the information listed above, as the company proceeds with upgrades and integration of its payroll systems, they will attempt to provide additional information requested by the Union related to dues remittance.

3.02 All employees on the payroll before April 23, 2006 will have the option of joining the Union. Employees hired after April 23, 2006 shall, as a condition of employment, become members of the Union.

3.03 Upon request by the Union, the company agrees to provide from company records a Jist of all employees' full names, addresses and telephone numbers.

ARTICLE 4 ·RELATIONSHIP

4.01 The company will provide two C2l bulletin boards for the use of the Union.

4.02 The Business Representative of the Union shall enter the company premises from time to time or do unit visits in the administration of this Agreement. These visits will in no way disrupt the efficient operation of the Plant.

ARTICLE 5 • MANAGEMENT RIGHTS

5.01 The Union recognizes and acknowledges that the management of the business enterprise and direction of the working force are fixed exclusively with the employer and that nothing in this Agreement shall limit the Employer in the exercise of its function of

3

management. Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to:

<al Maintain order, discipline, efficiency and safety and to make, alter and enforce from time to time, reasonable rules and regulations, policies and practices to be obeyed by its employees;

<bl Hire, promote, demote, classify, transfer, layoff and retire employees;

<cl Discharge, suspend, or otherwise discipline employees for just cause;

<dl Generally to manage the processing enterprise in which the employer is engaged and without restricting the generality of the foregoing, to determine the number and location of Plants, the methods of production, the schedule of production, the kind and operation of machines and equipment to be used, the process of production, the formulating of products, and the control of material to be incorporated into products, and to establish standards of quality and quantity for all equipment and operations; and extend, limit, curtail or cease operations or services of any part thereof.

ARTICLE 6 - HUMAN RIGHTS

6.01 The company and the Union agree that in accordance with the ontario Human Rights Code, they shall not discriminate against any employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.

4

ARTICLE 7- PLANT STEWARDS AND NECiOTIATINCi COMMITTEE

7.01 The Union shall elect or appoint no more than nine C9l stewards and a Chief steward, who are members of the Union who shall assist in the handling of grievances and other Union activities.

7.02 The Union shall maintain a list of stewards and a Chief steward and provide it to the company. The company shall recognize only such employees as stewards.

7.03 The investigation of grievances shall take place outside the working hours but may be conducted on rest or lunch breaks. If this is not possible, the Chief Steward, or in his absence another steward, may request time off with pay, during regular working hours, which shall not be unreasonably withheld. Paid time necessary for the prompt handling of grievances shall be granted provided the efficiency of the operation will not be affected.

7.04 The Union shall have the right to appoint or elect up to four C4l Union members to the negotiating committee which will include the chief steward. The company agrees to pay for a maximum of three <3> days of wages !eight IS> hours per day> for the Negotiating committee during the 2012 negotiations, for a maximum of four !4> committee members.

7.05 The company agrees to pay one half CV2l the cost of the common meeting room for all negotiations.

7.06 The company agrees to pay one half ('12) the cost of printing the collective agreement.

5

7.07 The company shall provide a locked filing cabinet for the use of the Union, and shall provide the union with the occasional use of a private meeting space, as reasonably necessary.

ARTICLE 8 - NO STRIKE, NO LOCKOUT

8.01 The company agrees that during the life of this Agreement, it shall not cause or direct any lockouts of employees and the Union agrees that it shall not cause or direct any strikes of its members.

The term "Strike" or "lockout" shall have the same meaning as in the ontario Labour Relations Act.

The union undertakes that, in the event of any violation of the foregoing provision, it will immediately take steps necessary to put an end to the conduct in violation of that provision and to restore a full level of production or work forthwith.

ARTICLE 9- GRIEVANCE PROCEDURE

9.01 An employee, the Union or the company may present a written grievance concerning the interpretation, application or alleged violation of the collective agreement. Grievances may be filed by an individual, by a group, or by the Union or the Company.

9.02 Written grievances must be filed within ten C10J calendar days of the event giving rise to the grievance. Any grievance dealing with the discharge of an employee must be filed in writing within seven (7l calendar days after the discharge occurs.

6

9.03 step No. 1

If an employee has a concern, the employee may bring the matter to a member of management. The company will respond as soon as possible in an attempt to address the concern. If requested by the employee, a steward shall attend. If the matter is not resolved within seven m calendar days, a written grievance will be filed.

Step NO.2

Failing settlement at step No. 1, a Step 2 meeting will be scheduled with the Chief steward or their designate the steward handling the grievance, the griever and a member of management.

Step NO.3

Failing settlement at Step No. 2, the grievance will be discussed at the next scheduled step 3 meeting. The Business Representative of the Union, the Chief steward or their designate, the Steward handling the grievance and the griever will attend the meeting. A grievance which has been discussed at a step 3 meeting and has received a final written response may be referred to Arbitration by either party.

This procedure does not preclude utilizing other mutually agreed processes to resolve grievances.

9.04 The company will remove all disciplinary references from the employee's personnel file provided there has been no further disciplinary action taken by the Employer for a period of eighteen <18> months of employment, after which the company shall not use any such disciplinary references against the employee at a later date. This time frame of eighteen <18> calendar months shall not include

7

periods of layoff and/or absences due to illness or injury which exceeds thirty <30l continuous calendar days.

9.05 The company will administer discipline as close to the alleged incident as possible, but commit to act reasonably in disciplining within a reasonable time frame.

9.06 When an employee is given any discipline, a Union steward must be present unless the steward was asked to leave by the employee. If an employee is disciplined without the opportunity for a steward to be present, then such discipline will be removed from the employee's record.

ARTICLE 10- ARBITRATION

10.01 The parties shall mutually agree to the appointment of a sole Arbitrator to provide a final and binding resolution to any grievance referred to arbitration.

No person shall be selected or appointed as an Arbitrator who has been directly involved in attempts to negotiate or settle the grievance.

Where the parties cannot agree on an Arbitrator, the ontario Ministry of Labour will be requested to make the appointment. Either the Union or the Company can apply for a single arbitrator under section 49 of the Labour Relations Act.

10.02 The Arbitrator shall not have jurisdiction to alter or change any provision of this Agreement, or to render any decision inconsistent with the Agreement or deal with any matters not covered by the Agreement. An arbitrator has power to interpret and apply human rights and other employment related statutes.

8

10.03 The expense and fee of the Arbitrator shall be borne equally by the parties to the arbitration proceeding.

ARTICLE 11- SENIORITY RIGHTS

11.01 seniority as referred to in this Agreement shall mean the length of continuous service in the employ of the company in the bargaining unit. seniority for full time employees shall operate on a combination of Department and Plant basis. The Company and the Union agree there will be a full time and part time seniority list.

seniority for full time employees will be used to determine hours of work, vacation entitlement, wage progressions, layoff and recall and as a factor in job postings.

The company agrees that if an employee in the Plant enters into an Apprenticeship Program and becomes a part of the Maintenance Department, then they can only carry their department seniority into the department for the purpose of scheduling hours of work, overtime, layoff and recall. The employee who enters into the Maintenance Department continues with Plant seniority with respect to benefits, vacation entitlement and job postings.

This language is necessary due to the fact that some Plant employees have entered into the Apprenticeship Program and have passed existing skilled trades employees on the existing departmental seniority list. All current skilled trades employees who have completed the Apprenticeship Program as of the date of ratification shall retain their current Plant seniority date as their departmental seniority date.

9

11.02 Part time employees shall have seniority for the following purposes:

<a> scheduling of hours of work - the company will schedule part time employees by seniority within the departments which they are qualified, as per the established past practice.

<b> layoff and recall by seniority - in the event a part time employee is laid off for more than seven m days, they may exercise their seniority to claim part time work in another department provided they have the skill and ability to perform the work.

<c> establishing vacation entitlement.

<d> establishing full time vacation entitlement in the event they become full time.

<e> qualifying for Health & Welfare Benefits.

<f> establishing rate of pay on the wage progression.

11.03 New employees shall be on probation for a period of four hundred and fifty <450) hours worked. The company, at their discretion, may discharge any probationary employee within the above time limit, with or without just cause and such discharge shall not be open to review and the employee shall have no recourse to the grievance and arbitration procedure with respect to their termination.

The current list of departments is as follows:

1. Maintenance 2. Environmental 3. Shipping and Receiving 4. sanitation 5. Power services

10

6. Kill Bay 7. cutup/Packaging 8. Eviscerating 9. Automated Breast Boning <included Knife SharpenerJ/FTM 10. IQF

11. Thigh Deboning 12. X-Ray

The company has the ability to create additional departments or delete or amend departments during the life of this Agreement.

11.04 The seniority of an employee shall cease and employment terminated if:

<a> the employee voluntarily quits, or (bl the employee is absent without leave for more than three <3>

working days without reasonable excuse, or <cl the employee is discharged for cause and such discharge is not

reversed under the grievance procedure, or (dl the employee fails to report to work after recall from

layoff of more than seven !71 working days, within seven !7l calendar days after the recall notice has been delivered. Failure to read or pick up a delivered recall notice shall not constitute non-delivery, or

<el the employee has been absent from work due to illness or injury for twenty four !24l months, provided such termination is not in conflict with applicable Human Rights legislation.

11.05 The company will provide a current copy of the Plant seniority list to the chief shop steward every three !3l months. Employees with identical seniority dates will be ordered by alphabet.

11.06Employees in the bargaining unit who are appointed to positions outside of the bargaining unit shall continue to

11

accumulate seniority for up to six C6> months. If such an employee returns to the bargaining unit after an appointment longer than six C6> months, they shall retain service for purposes of vacations and benefits, but shall move to the bottom of the seniority list for all other seniority rights Cshift preference, layoff, recall, etc>.

ARTICLE 12- VACANCIES, JOB POSTING, PROMOTIONS AND TRANSFERS

12.01 Job vacancies or newly created jobs will be posted on the Job Opportunities Bulletin Board for five <Sl calendar days.

The notice will identify the job to be filled, the department, qualifications required, the hours of work <shift> and the wage rate for the job. successful applicants may be assigned to any work within their department on their shift.

Prior to commencing a leave of absence, an employee may submit a request in writing to be considered for job postings which may occur while the employee is on leave, provided they will be returning within four <4> weeks.

12.02 In filling job vacancies, including promotions, the job shall be awarded within fourteen <14l days of the close of the posting. In selecting an employee for a job posting, the company will consider the employee's skill and ability and their seniority.

Job postings for service Technician, Department service, Live Receiving service and QA service Technician will be awarded to the best candidate. For all other positions, where the skill and ability of two <2l candidates are relatively equal, the senior applicant will be awarded the position.

12

NOTE: The company agrees to new classification QA Service Technician with a thirty !301 cent premium over current job rate !same as Department service rate!.

12.03 Employees awarded a job posting will receive a trial period of up to five <5> working days. If the vacancy is awarded to a full time employee with previous experience on the job; the five !51 day trial period shall not apply. If the employee does not successfully complete the trial period, or during the trial period decides not to continue in the job, he or she will be returned to his or her former position. Any other employee affected will also be returned to their former position.

12.04 Only the original job and the job vacated by the successful applicant will be posted. Any further vacancies will be filled from any source available, but there is no requirement to post.

12.05 successful applicants may not apply for further job postings until they have worked at least six <6J months in the position, unless the further job posting is to a higher job category or a different shift.

12.06 If an employee is temporarily transferred by the company to a different job classification, the employee being transferred will not have their rate reduced.

Employees who are temporarily transferred to a different job classification at the request of the employee, will be paid the rate of pay for the job they are transferred to.

ARTICLE 13· LAYOFF AND RECALL

13.01 A layoff for the purpose of the Article shall be defined as no available hours for affected full-time employees for two (2J consecutive regular work days.

13

In the event of a layoff, probationary employees will be laid off first followed by part-time employees from the affected departmentcsJ in reverse order of seniority provided the remaining employees have the skill and ability to perform the remaining work.

In the event of a layoff of full-time employees of more than two C2J days, the most junior full-time employees in the department will be laid off first provided the remaining employees have the skill and ability to perform the remaining work.

A full-time employee laid off work in his or her department shall bump the most junior full-time employee in the plant, provided the employee has the skill and ability to do the work of the most junior full-time employee.

Employees on layoff will be recalled in order of seniority provided they have the skill and ability to do the available work. In the event of a layoff longer than seven <7J regular working days, notice of recall will be in writing by Registered Mail or courier to the last recorded address of the employee. For layoffs less than seven <7> regular working days, the company will verbally inform a laid off employee in person or by telephone as to what day they should return from layoff, as per the current practice.

Employees remaining, bumping into or recalled to the Eviscerating Department must be qualified to perform the available work.

Qualified, means that the employee must have successfully completed probation and be considered competent to perform all the duties of the job in the department.

14

The company reserves the right to continue the practice of training full time and part time employees in a department, so long as the junior employee being trained is not taking hours away from a senior employee who might otherwise be working. In addition, this junior employee being trained must be shadowed by a Trainer who has more seniority than the employees on layoff.

13.02 Except in case of emergency or circumstances beyond the control of the company as defined in Article 14.04 the Company shall notify employees who are to be laid off seven <7> calendar days prior to the effective date of the layoff, or pay in lieu thereof, unless a greater period of notice is required by law. If work is available beyond the effective date of the initial layoff, there is no requirement to give another seven <7> days notice of layoff.

13.03 No new employee shall be hired until those laid off have been given the opportunity to recall.

ARTICLE 14- HOURS OF WORK

14.01 The normal work week shall consist of eight <SJ hours per day, forty <40> hours per week and shall not be construed as a guarantee of hours of work per day or week, nor a guarantee of a working schedule. stationary Engineers work a twelve <12J hour shift.

Production is currently scheduled Monday to Friday. In the event of an expansion or a significant reconfiguration of the company's operation, there shall be a seven <7> day work week operation from sunday to Saturday inclusive. In any event, the Employer agrees that the sixth <61hJ day of any employee work week shall be paid at one and one half <1 v.J times the regular rate of pay and the seventh <7th> day shall be paid at double <2 xJ the regular rate. In the event the

15

change is contemplated by the company, the company agrees to meet with the Union to negotiate implementation of the change.

14.02 Full time employees will be scheduled by department, by shift. Hours will be assigned by seniority up to eight C8l hours per day or forty C40l hours per week provided the senior employee is qualified and has the skill and ability to perform the required work. Part time employees will be scheduled weekly on an as needed basis by seniority as per the established past practice, with the understanding that they must be available to work any shift or department.

If a department is short hours on a particular shift, part time employees will be sent home first, followed by full time employees, by classification, in reverse order of seniority, providing the remaining employees are qualified and have the skill and ability to do any available work.

The company reserves the right to continue the practice of training Full time or part time employees in a Department so long as the junior employee being trained is not taking hours away From a senior employee who might otherwise be working. In addition, this junior employee being trained must be shadowed by a Trainer who has more seniority than the employees on layoff.

The company will post a daily sign up sheet for employees who wish to volunteer to work extra hours or hours being worked by part time employees in another department. Extra hours will be assigned by seniority provided the employee has the skill and ability to perform the work. Full time employees may displace part timers provided they have the skill and ability. Part time employees may sign for extra hours but may not displace other part time

16

employees. This process does not create an obligation for multiple assignments.

It is understood that senior full time employees signing the daily sign up sheet may not displace full time employees in another department who have been previously scheduled.

The work being claimed must be a minimum of one <1l hour and the claim cannot result in overtime for work which otherwise would be worked at straight time.

14.03 The company will continue to utilize part time employees as per the established past practice.

14.04 The Company will provide employees reporting to work as scheduled either four <4l hours of work or four <4l hours of pay at their straight time rate.

In the event of an emergency, breakdown, fire, flood, strike, power failure, Act of God, or other causes beyond the company's control, the company shall endeavour to notifY employees to not report; however, employees reporting to work and finding no work as a result of such causes beyond the company's control will not receive reporting pay.

14.05 The company agrees that any employee who is called in to work when they have not be previously scheduled to work will receive a minimum of four <4l hours work or four <4l hours pay at the appropriate rate.

14.06 The Company will provide a fifteen <15l minute paid rest period during the first half of the normal shift and additional fifteen (15l minute paid rest period during the second half of the shift. There will be a one half Ml hour unpaid lunch.

17

When two <2> or more hours of overtime work is scheduled continuous with the regular shift, employees will be granted an additional fifteen <15l minute paid rest period.

The union and the company agree that personal breaks during working hours will not be abused.

Stationary Engineers working twelve <12> hour shifts will receive two <2> thirty <30l minute paid lunch breaks.

14.07 An afternoon shift premium of forty-five cents <45¢l per hour for a shift which commence after 12:00 p.m. noon and before 8:00p.m.

A night shift premium of fifty cents <50¢l per hour for a shift which commences after 8:00p.m. and before 4:00a.m.

The company agrees that Powerhouse Engineers will continue to receive the night shift premium for their entire twelve <12> hour shift.

ARTICLE 15 - OVERTIME

15.01 The company reserves the right to determine overtime work in accordance with the requirements of the business.

15.02 overtime at the rate of time and one half <1 '12 x> the straight time hourly rate shall be paid for all hours worked in excess of eight <8> hours per day or forty <40l hours per week. Time and one half <1 '12l the straight time rate shall be paid for all work performed on the sixth (6th> day which is a saturday. Double <2 xl the straight time rate shall be paid for all work performed on the seventh <7th> day which is a sunday.

18

15.03 overtime will be offered to employees who normally perform the work in that department on a seniority basis. Authorized overtime will be offered to senior employees who are qualified and have the skill and ability to perform the work, willing to work the required overtime, in the following order:

Cal full time employees in the department where the overtime is required;

Cbl full time employees in the Plant;

<cl other employees scheduled in the department where overtime is required;

Cdl other employees in the Plant.

It is further understood that the efficient operation of the business may require overtime. If there are not enough volunteers, the company will require the least senior employee<sl on the shift, in the department, by classification, who are qualified and have the skill and ability to do the work, to perform the required work.

15.04 There shall be no pyramiding of overtime.

15.05The parties recognize that, from time to time, it is reasonable for a maintenance employee to remain working on a particular job past the end of their scheduled shift to ensure timely and smooth completion of the job. In such circumstances, the employee and the Manager/Designate shall informally evaluate how long it should take to finish the job under normal circumstances. If they agree that the job will normally take longer than two <2J hours to complete, then 15.03 shall apply.

19

ARTICLE 16- WAGES

16.01 The minimum hourly rates of wages for all employees shall be as set out in Schedule "A" of this Agreement. The rates of pay provided in Schedule "A" are minimum rates and apply to the job classifications. The company reserves the right to pay all employees within a job classification higher than the classification rate.

The parties agree that there may be changes or additions to the list of job titles and classifications. In the event of any changes or additions to Schedule "A", the company will advise the Union. If the Union challenges the wage rate, the parties will negotiate an appropriate wage rate. If no agreement is reached, either party may refer the matter to Arbitration for resolution.

The company agrees to pay the following wage increases:

Effective date of ratification - all employees to receive a seven hundred dollar <$700.00! lump sum.

Effective February 1, 2010: all employees to receive thirty five <35! cents/hour increase to existing wage rates <across the board!.

Effective February 1, 2010: Skilled Trades employees !Millwright, stat Engineers, Electricians! to receive forty <40l cents/hour market adjustment in addition to general increase cacross the board!.

Effective February 1, 2011: all employees to receive forty C40l cents/hour increase to existing wage rates !across the board!.

20

Effective February 1, 2011: Skilled Trades employees to receive forty five C45> cents/hour market adjustment in addition to general increase cacross the board>.

These rates will be listed on Schedule "A" of the collective agreement.

Employees hired after date of ratification will be paid according to the following rates:

start 6 months 12 months 18 months 24 months

80% of the rate for the job performed 85% of the rate for the job performed 90% of the rate for the job performed 95% of the rate for the job performed 100% of the rate for the job performed

Employees hired after July 1, 2009 in Live Receiving will be paid according to the following scale: start 85% of the rate for the job performed 6 months 90% of the rate for the job performed 12 months 95% of the rate for the job performed 18 months 100% of the rate for the job performed

Effective July 1, 2009, the company agrees to start all the Live Receiving hires at the 6 months rate, thus shrinking the total progression to 18 months from 24 months for this job class.

16.02 The Employer agrees to pay employees a thirty C30> cents/hour premium for time spent training a new employee on the job for at least one C1 > hour, where training has been approved by management.

21

ARTICLE 17 ·STATUTORY HOLIDAYS

17.01 There shall be eleven !11J holidays during the term of this agreement. These holidays are as follows:

New Year's Day Victoria Day Civic Holiday Thanksgiving Day Boxing Day

Good Friday Canada Day Labour Day Christmas Day Two !2l Floating Holidays

At the discretion of the company, one !1J floating holiday may be fixed during the Christmas/New Year's season.

The scheduling of the floating holidays will be by mutual agreement between the company and the employee. Employees must provide a minimum of one <1J week's notice in advance of the posting of the work schedule.

17.02 <al In the event a holiday falls on a saturday or sunday, it will be observed on Monday or Friday, unless otherwise agreed between the Union and the company. Where Christmas and Boxing Day falls on a weekend, the company will post a notice in advance advising employees the date on which the holidays will be observed.

With the exception of canada Day, in the event a holiday falls between Monday and Friday inclusive, it shall be observed on the actual shift day of the holiday, or on some other day, by mutual agreement. The company will post a notice in advance advising employees the date on which canada Day will be observed.

22

!bl Employees shall be entitled to a day·s pay at the straight time hourly rate for such holidays, provided the employee works their complete scheduled shift before and after the holiday, unless the employee is absent on authorized leave.

!cl Employees receiving disability insurance benefits or workers compensation will be paid the difference between the benefit entitlement and the holiday pay, at their straight time rate.

!dl The work week shall be reduced by the number of statutory holiday hours in the week in which the holiday is observed.

!el Operating Engineers working twelve !12> hour shifts will receive twelve !12l hours pay for a paid holiday.

Engineers working on a statutory holiday will be paid for the holiday plus double time the regular rate for hours worked. Instead of pay for the holiday, an Operator may choose to take a substitute day off. Agreement for a substitute day must be made with the Chief Engineer or Maintenance Manager prior to the statutory holiday occurring. No more than two !2l statutory holidays will be allowed to accumulate and they must be taken before the employee's next vacation.

17.03 Payment for work performed on any of the above described holidays or individual lieu days shall be on the basis of double time !2 x> the regular rate per hour, in addition to his or her regular holiday pay.

ARTICLE 18- VACATIONS

18.01 vacation entitlement is based on service from January 1st through December 31st of the previous year.

23

18.02 All full time employees shall receive vacation pay in June and December of each year. Effective January 1, 2010, the company agrees to pay vacation pay as earned on a quarterly basis CMarch, June, September, December>. Part time employees will receive vacation pay based on their length of uninterrupted service, paid as part of their regular pay.

Part time employees who become full time will have their uninterrupted service as a part timer recognized in establishing their full time vacation entitlement.

The company agrees that vacations will be scheduled by department according to seniority. Employees will advise the company on the appropriate form by February 15th of each year. The company will review the requests and finalize the schedule, which will be posted bY March 15th.

The company will determine the number of employees entitled to be on vacation in each department as per the established past practice. Full time employees may take two C2l weeks of their entitlement during the months of May, June, July and August.

vacations not scheduled will be granted on a first come, first serve basis.

18.03 Employees with less than one C1l years service as of December 31't shall be entitled to one C1l day's vacation for each full month of service to a maximum of two C2l weeks. Pay for such vacation shall be four percent C4%l of earnings.

Employees with one (1) year or more but Jess than five C5l years service as of December 31't shall be entitled to two C2l weeks vacation. Pay for such vacation shall be four percent C4%l of earnings.

24

Employees with five (5) years or more but less than ten (10l years service as of December 31't shall be entitled to three (3) weeks vacation. Pay for such vacation shall be six percent (6%> of earnings.

Employees with ten (10> years or more but less than eighteen (18> or more of service as of December 31't shall be entitled to four (4J week's vacation. Pay for such vacation shall be eight percent (8%> of earnings.

Employees with eighteen (18> years or more but less than twenty five (25> years service as of December 31't shall be entitled to five (5) week's vacation. Pay for such vacation shall be ten percent (10%> of earnings.

Employees with twenty five (25l years of service as of December 31't shall be entitled to six (6J weeks' vacation. Pay for such vacation shall be twelve percent (12%> of earnings.

All employees hired after April 23, 2006 will not be entitled to six (6) week's vacation.

18.04 Upon termination, employees shall receive vacation pay based on his/her earnings since the last vacation payout at the appropriate percentage entitlement.

18.05 The granting of one (1) day vacations will be at the discretion of the company. The company will endeavour to accommodate one (1) day vacation requests, ·provided such requests do not impact the efficient operation of the Plant.

25

ARTICLE 19 - LEAVE OF ABSENCE

19.01 Personal Leave

All requests for personal leave of absence shall be made to the Human Resources Manager or their designate, in writing, by the employee concerned, indicating in full, the reason for requesting the leave. All requests for leave will be submitted as far in advance as possible.

The granting or withholding of leave of absence shall be at the discretion of the company, however, such approval will not be unreasonably withheld.

19.02 Union Leave

The company may grant leave of absence without pay to Union stewards. At the request of the Union, the company will pay the lost wages of employees and the Union will reimburse the company. The granting or withholding of a leave of absence shall not be unreasonably withheld.

An employee elected or appointed to a paid full time position within the union shall be granted up to a one (1l year leave of absence without pay.

19.03 Jury Duty/Crown Witness Leave

Employees called for jury duty or who have been subpoenaed as witness for the crown, will receive their basic wage for eight <8l hours they would have otherwise worked, for the day in which they have served. At the request of the company the employee will provide their notice of jury selection or a copy of their subpoena. Employees on an off shift will also receive this benefit.

26

19.04 Bereavement Leave

In the event of the death of an immediate relative, an employee shall be granted three (3J consecutive working days off work at eight (8J hours pay per day at their regular wage rate.

"Immediate relative" shall mean the employee's mother, father, spouse, daughter, son, brother, sister, mother in law, father in law, brother in law, sister in law, grandchild, grandparents. The company agrees that step parents, step children and step siblings are also included as immediate relative.

If further time is required, the employee may arrange for emergency leave, personal leave or vacation time.

19.05 The company will grant maternity, parental or adoption leave in accordance with the ontario Employment standards Act.

When an employee decides to return to work after such leave, he or she shall provide the company with at least two (2J week's notice.

ARTICLE 20 - UNIFORMS AND TOOLS

20.01 The company will continue to provide the following at no cost to the employee: Uniform (laundered by the company>, gloves (cotton, latex, rubber, meshl, hair nets/beard nets, apron, arm guard, masks, hearing protection, thermal jackets (laundered by employee>.

20.02 Maintenance employees who have completed probation will be reimbursed four hundred and twenty five dollars ($425> each year for the replacement of broken tools and purchase of tools required by the company. Effective January 1, 2010, the tool allowance

27

shall increase to four hundred and fifty dollars <$450! each year.

20.03 Where the Company does not provide boots, the following allowances will apply for approved footwear for all employees who have completed their probationary period:

Maintenance, Sanitation, Live Receiving, service Technician, QA

service Technician, service and Knife Sharpener - two hundred and fifty dollars C$250! per year. Effective February 1, 2010, this boot allowance shall be increased to two hundred and sixty five dollars <$265!.

All other employees · one hundred and fifty dollars C$150! per year. Effective February 1, 2010, this boot allowance shall be increased to one hundred sixty five dollars <$165!.

ARTICLE 21 · HEALTH AND WELFARE

21.01 The company will continue to pay one hundred percent C100%l of the ontario Employee Health Tax. ·

21.02 The company agrees to incorporate the current Health Option c Benefit coverage, Dental Option B for all employees. The company will pay the full premiums for this coverage. Employees can pay additional premiums for upgraded coverage. The Company will also provide all employees with thirty thousand dollars C$30,000l in Life Insurance and Accidental Death and Dismemberment Insurance.

·Effective February 1, 2010, this coverage shall increase from thirty thousand dollars C$30,000! up to thirty five thousand dollars <$35,000!. Dependent Life Insurance for employees is five thousand dollars C$5,000l for spousal and two thousand five hundred dollars C$2,500l per dependent. The cost of this insurance will be one

28

hundred percent <100%> Company paid. The summary of Benefits Plan will be included as Appendix "B" in the collective agreement.

21.03 Short Term Plan

The Employer agrees to provide a short term disability plan for employees that will be one hundred percent <100%> Employer paid. The Plan will provide sixty six point sixty seven percent (66.67%> of normal earnings to the E.l. maximum. The Plan will provide benefits for fifteen (15> weeks maximum.

21.04 Pension

Full time employees are required to participate in the company Defined Contribution Plan following the completion of two <2> years full time service. Employee contributions of three percent <3%> of weekly earnings will be matched by the company.

21.05 Part time employees will be eligible to participate in the Flex Benefit Program following the completion of one <1> year of uninterrupted service.

Part time employees will not be eligible to participate in the short term disability plan or the pension plan.

ARTICLE 22 - HEALTH AND SAFETY

22.01 The Company, the Union and all employees recognize their responsibilities under the occupational Health and Safety Act and will continue to follow established safe work practices and procedures for their own protection as well as for the protection of co-workers in striving to eliminate workplace accidents and illnesses and to provide a safe and healthy work environment.

29

22.02 A Joint Health and Safety committee shall be constituted of representatives of management and the union. The number of management representatives will not exceed the number of Union representatives. The committee shall meet at least once a month. Time spent at such meetings shall be considered time worked.

22.03 Pursuant to the Occupational Health and Safety Act, the Company will provide the Joint Health and Safety committee the results of a report respecting occupational health and safety that is in the Employer's possession.

22.04Doctors' Notes

The Company shall pay the cost of any functional abilities form requested by management. The Company agrees to act in a reasonable manner with respect to requesting doctors' notes from employees.

ARTICLE 23 · UFCW TRAINING AND EDUCATION

23.01 The company agrees to contribute three cents C3<tl to the United Food and commercial workers canada union, Local 175 Training and Education fund for all hours paid for and worked by all bargaining unit employees.

The company shall forward the contributions every four C4l weeks to the Union and shall include a list of employees and the number of hours paid and worked by each employee during the four C4l week period.

ARTICLE 24 ·DURATION

24.01 This Agreement shall be effective from February 1, 2009, up to and including the 31st day of January, 2012 and shall automatically be

30

renewed from year to year thereafter unless either party notifies the other in writing within ninety <90l days prior to the expiration date that it desires to amend the Agreement.

All items previously agreed to but that may be inadvertently omitted shall also form part of this Agreement.

IN WITNESS THEREOF each of the parties hereto has caused this Agreement to be signed by its duly authorized representatives as of the date and year first above written.

DATED at Kitchener this ig:d day of~ ,20ti.

MAPLE LEAF CONSUMER FOODS INC. <formerly known as Schneider Foods, a division of J.M. Schneider Inc., St. Marys>

31

UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175

SCHEDULE 'A' Job Classifications & Hourly wage Rate

< + 60¢/hr> < + 60¢/hr> < + 60¢/hr>

Poultry Shipper/Receiver 17.62 17.97 18.37

Plant Receiver .57

Line Operator 18.07

Blender/Tumbler .62 18.37

Department service 17 17.97 18.37

service Technician 18.57 18.92 19.32

Poultry sanitation 17.62 17.97 18.37

Maintenance stores/Rec 18.57 18.92 19.32

Millwright

Electrician 27.62 28.37 29.22

Maintenance Helper 17.93 18.28 18.68

3'd Class Engineer 26.22 26.97

Knife Sharpener 18.68

waste Treatment 19.42 19.82

Maintenance Apprentice 21. 2

32

Live Receiver service 17.93 18.28 18.68

< + 60¢/hr> < + 60¢/hr> < + 60¢/hr>

CDS&DDS !Carcass Dressing standards 17.62 17.97 18.37

& Defect Detection Standards)

PRP !Poultry Rejection Project> 17.62 17.97 18.37

QA service Technician 17.62 17.97 18.37

Backup Chief Engineer 33.00 33.75 34.60

33

LIFESTYLE Plus Flex Credits

Maple Leaf Foods offers a flexible health and dental plan that allows you to select the plan that best suits the needs of yourself and your family.

Every employee participating in the Lifestyle Plus benefit plan is given company paid benefit credit dollars to apply towards their health and dental benefits. The credits available are shown on your enrollment form.

Employees who elect plans with costs that exceed the benefit credit dollars are responsible for paying the cost amount over the benefit credit dollar level. Employees who elect plans with costs that are less than the benefit credit dollars have the option of applying the excess credit dollars to a Health Spending Account or a Group RRSP. The information contained in this document is for the benefit period effective June 29, 2009 to April 30, 2010.

The information is only a summary; please refer to the benefit booklet or your plan administrator for further details.

w;;; ;#A , StMruys 1'7JI. . .i HourlyFullT~~~~e

Ll FE STYLE~ -~2009

2010

34

St Marys Hourly OPTION FORM- JUNE 29/09 to APRIL 30/10

Name:«First_name» «Last_name» ID #: «emp_id»

1. HEALTH: Choose the plan Option and whether you want single or family coverage, and write the cost for your selected coverage in Box 1. (To decline coverage write " T' · B 1 Y f d lete the Waiver of Benefits form) n1 tn ox . au must attach proo of alternative coverage an camp

SINGLE FAMILY YOUR CHOICES PLANA $27.59 $76.95 PLAN B $18.89 $49.48 PLAN C $12.36 $30.95 PLAN D $9.18 $25.55 1. $

(Health)

2. DENTAL: Choose the plan Option and whether you want single or family coverage, and write the cost for your selected coverage in Box 2. (To decline coverage write "nil" in Box 2 and complete the Waiver of Benefits form)

SINGLE PLANA $16.02 PLAN B PLAN C

3. Total Health and Dental Weekly Costs (Box 1 +Box 2)

4. LIFESTYLE f:!&u CREDITS

Write in the amount of your credit based on the status you chose for Health/Dental. You must have dependants registered with us to claim family credits.

5. Balance: (Box 3 minus Box 4)

$7.48 $3.30

Single

$19.84

If line 5 is negative, select 5A or 58 by marking an X in the Box. Refer to surplus credit schedule on the reverse side for details

5A Transfer to Group RRSP (requires enrolment in Group RRSP)

5B c=J Health Spending Account (HSA)

6. OPTIONAL LIFE INSURANCE (for employee coverage only)

Weekly Cost per Unit of $10,000 of Insurance AGE Less than 30 30-39 40-49 50-59 60-64

Units of$10,000 (maximum one times annual earnings)

MALE $0.17 $0.19 $0.48 $1.30 $2.31

X

7. Total Cost of our Health, Dental, and 0 tiona! Life

FEMALE $0.09 $0.14 $0.31 $0.76 $ 1.34

Cost per unit

Box5C + Box6

FAMILY $40.27 $20.07 $8.59

Family

$51.02

If line 5 is posif1ve or zero, record your answer in 5C 5C$ I Weekly Payroll Deduction Health and Dental

=

2. $ (Dental)

3. $ (Total Health and Dental)

4. $

(Lifestyle Plus Credits) 5. $

JminusBox4)

Choose one only: SA, 58, or 5C

6. $

(Optional Life)

7. $ Weekly Deduction (Box 5C + Box 6)

I understand that the selection made will continue in effect until April30, 2010 except as otherwise noted. I authorize a deduction from my weekly pay to cover any charges. NOTE: Provincial Sales Tax will be added for Ontario residents.

DATE __________________________ ___ SIGNATURE ______________________________________ _

35

... ': .. J.~ne.~~,··:2~o9·-··~Ptil;·io~·;~~:~~~.~~~~i~i·1~~~~~.~:·~~~~a;~!iY;. · · . He.alth Spending Account (HS~) Oli{ .Group RR~.P"\ •· ;< '.;•,' ·•·· , i' : :

· . . .•· FC)i-. st '1'11~~s ·~-.~~~r~~ ~~P~~~~es · .... · · ·? :J:.·~·r:;:•!.~:~·~;:·~;r:·;: · Your surplus credits can be applied to your HSA or to your Group RRSP, but you must make this decision when you re-enroll.

• If you select the Group RRSP option, the difference between the single credits and single plan costs will be allocated to your Group RRSP account monthly, based on the number of pays in that month.

• If you select the HSA option, the difference between your credits and plan cost will be transferred to your HSA based on the level of coverage you have selected (single or family) at the beginning of the benefit year.

Benefit Credit Dollars available for each option:

Single Coverage:

RRSP Plan HSA (Annual) Annual Weekly

Health C & Dental C $217 $217 $4.17

Health D & Dental B $165 $165 $3.17

Health D & Dental C $383 $383 $7.37

Health B only** $50 N/A N/A

Health C only $389 $389 $7.48

Health D only $554 $554 $10.65

Family Coverage:

RRSP Plan HSA (Annual) Annual Weekly

Health C & Dental C $597 $217 $4.17

Health D & Dental B $281 $165 $3.17

Health D & Dental C $878 $383 $7.37

Health B only** $80 N/A N/A

Health C only $1,044 $389 $7.48

Health D only $1,325 $554 $10.65

Dental A only $559 $199 $3.83

Dental B only $1,610 $643 $12.37

Dental C only $2,206 $860 $16.54

HSA or RRSP only $2,653 $1,032 $19.85

**NOTE: Annual surplus dollars less than $60 are automatically transferred to a HSA - no RRSP option is available.

36

Health Spending Accouf*t!:WA)

A health spending account~ow it works

Health Spending Accounts are funded bydeposi!IT?g excess company credit dollars into the account. The amount of credit is determined by your plan selection. You can use the credits throughout the year to cover a wide variety of medical and dental expenses not covered by provincial health plans or traditional benefit plans.

As an example you can use it to pay deductibles, co-insurance, and amounts above the plan maximums. Any eligible health and dental expenses that qualify as a medical expense tax credit under the Canadian Income Tax Act can be reimbursed from your Health Spending Account.

Common expenses covered in a Health Spending Account are:

Vision care

Laser eye surgery

Dental expense

Dietician

Psychologist

To review eligible Health Spending Account expenses, under the Income Tax Act, please visit their website at www.ccra-adrc.gc.ca.

Standard medical and dental claim forms include a Health Spending Account section for you to use. You can submit both a standard benefit claim and Health Spending Account claim at the same time or just use it for the Health Spending Account. Claims will be processed and paid at any time throughout the year.

Your expenses must be claimed in the benefit year in which they are incurred and submitted prior to May 31, 2010. If you terminate employment, you have 30 days in which to submit claims that were incurred prior to termination.

You can monitor the status of your account via plan member services on www.sunlife.ca.

37

HEALTH BENEFIT

DRUGS

VISION

SEMI-PRIVATE HOSPITAL

CHIROPRACTOR, OSTEOPATH, PODIATRIST, NATUROPATH, SPEECH THERAPIST, PSYCHOLOGIST, SOCIAL WORKERS WITH MSW

PHYSIOTHERAPIST & MASSAGE THERAPIST

HEARING AIDS

REGISTERED NURSE

OUT OF PROVINCE COVERAGE

DENTAL BENEFIT BASIC ENDODONTIC PERIODONTIC DENTURES CROWNS BRIDGES ORTHODONTIC

Benefit coverage Benefit coverage Benefit Coverage Benefit Coverage

• Pay-direct drug card • Pay-direct drug card • Pay-direct drug card • Pay-direct drug card

•100% • 100% reimbursement • 90% reimbursement then 100% • 80% reimbursement reimbursement • $6 dispensing fee cap reimbursement after $700 out- • $6 dispensing fee cap per

prescription • $8 dispensing fee per prescription of-pocket expenses per eligible

cap per prescription

• $250 every 24 • $200 every 24 months months

• 100% • 100% reimbursement reimbursement • Maximum $7,500 per

• Maximum $10,000 benefit year per benefit year

• $500 per • $400 per practitioner practitioner per per benefit year benefit year

• $1,200 combined • $750 combined maximum per maximum per benefit benefit year per year per person person

• New and repairs • New and repairs $600 $700 in a 5 year in a 5 year period period

person has been incurred

• $6 dispensing fee cap per prescription

• $150 every 24 months

• 100% reimbursement • Maximum $5,000 per benefit

year

• $300 per practitioner per benefit year

• $500 combined maximum per benefit year per person

• New and repairs $500 in a 5 year period

• $100 every 24 months

• None

• $200 per practitioner per benefit year

• $400 combined maximum per benefit year per person

• None

• Limited to $25,000 • Limited to $25,000 in • Limited to $15,000 in a benefit • None in a benefit year a benefit year year

• $1,000,000 lifetime • $1,000,000 lifetime • $1,000,000 lifetime maximum • $1,000,000 lifetime maximum maximum maximum

DENTAL OPTION A DENTAL OPTION B DENTAL OPTION C Benefit Coverage Benefit Coverage Benefit Coverage 100% reimbursement 80% reimbursement 50% reimbursement 1 00% reimbursement 80% reimbursement 50% reimbursement 100% reimbursement 80% reimbursement 50% reimbursement 60% reimbursement 50% reimbursement 50% reimbursement 60% reimbursement 50% reimbursement None 60% reimbursement 50% reimbursement None 50% reimbursement None None Lifetime maximum $1,500

CORE BENEFITS June 29, 2009 to April 30, 2010 LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT INSURANCE • $30,000 • 100% company paid

SHORT TERM DISABILITY • 15 weeks maximum • 66.67% of normal earnings to E. I. maximu • 100% company paid

Dependent Life Insurance • $5,000 spousal • $2,500 per dependent child • 100% company paid

OPTIONAL LIFE INSURANCE

BENEFITS June 29, 2009 to Apri/30, 2010

OPTIONAL EMPLOYEE LIFE INSURANCE •Units of $10,000 •Maximum of 1 times salary

DENTAL FEE GUIDE

MAXIMUM (Combined for all Dental benefits) RECALL ORAL EXAMINATION

Current

$3,000 per benefit year per person (does not include orthodontic) Once every 9 months for adults; Once every 6 months for children under 16

The company reserves the right to make changes to the plan at each annual enrollment.

Current

$2,000 per benefit year per person

Once every 9 months for adults; Once every 6 months for children under 16

Current

$1,200 per benefit year per person Once every 9 months for adults; Once every 6 months for children under16

• • •1 00% employee paid

LETTER OF UNDERSTANDING

BETWEEN

THE UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

AND

MAPLE LEAF CONSUMER FOODS INC. <formerly known as Schneiders Foods,

a division of J.M. Schneider lnc.J

RE: Dual Rated Job Postings

The company and the union have agreed that some jobs may be posted as dual rated positions on job postings, due to the fact that many jobs are rotated on a day to day basis. The company and the union agree to continue with dual rated positions on job postings where the majority of the work is performed on the lower rated position.

The company has reviewed all positions which were previously posted with dual rates and evaluated the amount of time spent on the higher rated and lower rated positions. The union and the company agree that if an employee works more than sixty one percent <61 %> of their time on the higher rated position, then the employee shall receive the higher rate for all hours worked. If an employee works on the lower rated position most of the time, the employee shall receive the higher rate for only hours worked performing the higher rated position.