COLLECTIVE AGREEMENT - sdc.gov.on.ca · MKG IMAGING SOLUTIONS INC. ... ARTICLE 6 - DISCRIMINATION 6.1 The Company and Union agree to observe the provisions of the Ontario Human Rights

COLLECTIVE AGREEMENT

BETWEEN:

MKG IMAGING SOLUTIONS INC. (hereinafter called the "Company")

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UNITED STEEL, PAPER AND FORESTRY, RUBBER,

MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION

On behalf of its Local 9042 (hereinafter referred to as “Union”)

EFFECTIVE: July 1, 2007 EXPIRES: June 30, 2010 COPE-343

TABLE OF CONTENTS

ARTICLE DESCRIPTION PAGE 1 Purpose ............................................................................................. 1 2 Management Rights............................................................................. 1 3 Recognition and Scope........................................................................ 2 4 Union Security .................................................................................... 3 5 Union Representation .......................................................................... 4 6 Discrimination .................................................................................... 4 7 Grievances/Arbitration Procedures........................................................ 6 8 No Strikes or Lockouts ......................................................................... 8 9 Seniority............................................................................................. 8 10 Leave of Absence ................................................................................ 11 11 Health and Safety................................................................................ 13 12 Bulletin Boards.................................................................................... 16 13 Hours of Work and Overtime ............................................................... 16 14 Statutory Holidays ............................................................................... 18 15 Vacation Pay ...................................................................................... 19 16 Religious Observance.......................................................................... 20 17 Reporting Allowance............................................................................ 20 18 Call-In-Pay ......................................................................................... 20 19 Pay on Day of Injury ............................................................................ 20 20 Assignment Transfer ............................................................................ 20 21 Labour Management Relationship Committee ........................................ 21 22 Shift Premiums .................................................................................... 22 23 Collective Agreement Printing............................................................... 22 24 Benefits .............................................................................................. 22 25 Letter of Agreement and Schedules ....................................................... 22 26 Term of the Agreement ........................................................................ 22 Schedule “A” – Classifications and Wage Rates...................................... 24

ARTICLE 1 - PURPOSE 1.1 The general purpose of this Agreement is to establish and maintain collective

bargaining relations between the Company and the Union; to provide mechanisms for the prompt disposition of grievances; the negotiated working conditions set out herein; and a safe working environment. The Union recognizes that the industry in which the Company is engaged is highly competitive and that in order to attain the foregoing objectives, the Company must be able to maintain an efficient plant operation. The Union recognizes that efficient plant operation requires regular attendance as scheduled and flexibility in the assignment of personnel in support of efficient operation.

ARTICLE 2 - MANAGEMENT RIGHTS 2.1 The Union recognizes the right of the Company subject to the terms of this Agreement.

(a) the right: to maintain order, discipline and efficiency; to make, alter and enforce, from time to time reasonable rules, regulations, policies and practices, to be observed by its employees; to discipline and discharge employees for just cause.

(b) the right: to select and hire; to transfer, assign, promote, demote, classify,

lay-off, recall and suspend employees and to retire employees; to plan, direct and control its operations; to operate and manage the enterprise in all aspects in order to satisfy its commitments and objectives.

(c) the right to determine: the standards of production; whether to make or buy

goods and whether to perform or subcontract for services; the number of shifts; the methods, processes and means of performing work; job content and requirements; quality and quantity standards; the qualifications of employees; the use of improved or changed methods, machinery and equipment; and generally, the right to manage the enterprise and its business without interference are solely and exclusively the right of the Company.

(d) The Company shall not contract out work regularly performed by the

classifications set out in this Agreement, unless it is more cost effective to do so. Prior to contracting out work, the Company agrees to consult with the Union.

Such contracting out shall not result in lay-off of permanent employees.

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ARTICLE 3 - RECOGNITION AND SCOPE 3.1 (a) The Company recognizes the Union as the sole and exclusive bargaining

agent for all its employees in the City of Mississauga save and except supervisors, persons above the rank of supervisor, office, clerical, and sales staff.

Should the Company move its current operation within a 100 kilometre

radius of its current location, this Agreement shall be recognized at the new location.

(b) Notwithstanding the above, the Employer shall have the right to have casual

employees. In the application of this Clause 3.1 (b) the Employer agrees that no casual employees will be hired while regular full-time employees are on lay-off and at no time will the work force be made up of more than 15% of casual employees. Any casual employee that works more than 60 days shall become a member of the bargaining unit and a permanent employee with full seniority from that date.

(c) The Company shall provide the Union with the names and start and finish

dates of all casual employees hired. This list will be given to the Union on a weekly basis.

(d) At no time will casual employees be offered overtime in advance of regular

full time employees.

(e) The Company agrees to recall and give the first opportunity to any laid off employees prior to using any casual employees.

(f) The Company further agrees that such casual employees shall be subject to

the Union dues deductions as outlined in Article 4. 3.2 All agreements whether in writing or verbal, past practices, arrangements and

understandings between members of management and employees in the bargaining unit, unless specifically incorporated in writing into this Collective Agreement are null and void.

3.3 Any changes or amendments to this Agreement during its term shall be incorporated

only with mutual agreement between the Company and the Union. 3.4 When either the feminine or masculine gender is used, the opposite gender may be

substituted. Terms importing the singular shall be deemed to include the plural unless the context requires otherwise.

3.5 Subject to 3.1(b) above, persons whether employed by the Company or from the

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outside who are not members of the bargaining unit, shall not perform work on any jobs which are included in the bargaining unit, except in the cases of instruction, experimentation, development, inventory control and emergency situations.

ARTICLE 4 - UNION SECURITY 4.1 The Company shall deduct Union dues including, where applicable, initiation fees and

assessments, on a bi-weekly basis, from the wages of each employee covered by this Agreement. The amount of dues shall be calculated in accordance with the Union’s Constitution. All employees shall become and remain members of the Union as a condition of employment.

4.2 All dues, initiation fees and assessments shall be remitted to the Union forthwith and in

any event no later than fifteen (15) days following the last day of the month in which the remittance was deducted. The remittance shall be sent to the International Secretary Treasurer of the United Steelworker, AFL-CIO-CLC, P.O. Box 13083, Postal Station “A”, Toronto, Ontario, M5W 1V7 in such form as shall be directed by the Union to the Company along with a completed Dues Remittance Form R-115. A copy of the Dues Remittance Form R-115 will also be sent to the Union office designated by the Area Coordinator.

4.3 The remittance and the R-115 form shall be accompanied by a statement containing

the following information:

(a) A list of the names of all employees from whom dues were deducted and the amount of dues deducted.

(b) A list of the names of all employees from whom no deductions have been

made and reasons;

(c) This information shall be sent to both Union addresses identified in Article 4.2 in such form as shall be directed by the Union to the Company.

4.4 The Union shall indemnify and save the Company harmless against all claims or other

forms of liability that may arise out of any actions taken by the Company in compliance with this Article.

4.5 The Company, when preparing T-4 slips for the employees, will enter the amount of

Union dues paid by the employee during the previous year. 4.6 In the event that the Company is found to have violated the provisions of this Article by

an arbitrator appointed pursuant to this Collective Agreement, all costs of the arbitrator and disbursements shall be born exclusively by the Company. Notwithstanding the foregoing, the Company shall only be responsible for the

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arbitrator’s cost and disbursement up to a maximum of $10,000.00.

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ARTICLE 5 - UNION REPRESENTATION 5.1 The Company acknowledges the right of the Union to appoint or otherwise select

Stewards and a Plant Chairperson for the purpose of representing employees in the handling of complaints and grievances.

5.2 The Company agrees to recognize three (3) Shop Stewards, plus the Plant

Chairperson. If an afternoon and/or night shifts are created, the Union may appoint or otherwise select one (1) Steward for each shift created.

5.3 The Union shall inform the Company in writing of the names of the authorized

Stewards, Plant Chairperson and officers. The Company shall not have to recognize the Stewards, Plant Chairperson and local Union officers unless this procedure has been followed.

5.4 It is agreed that Stewards and Plant Chairperson have their regular duties and

responsibilities to perform for the Company and shall not leave their regular duties without first obtaining permission from their immediate supervisor and informing him of whom they are going to meet with and such permission shall not be unreasonably withheld. If, in the performance of his duties, a Steward/Plant Chairperson is required to enter an area within the plant in which he is not originally employed, he shall report his presence to the supervisor in the area immediately upon entering it. All time away from his duties shall be without pay and he shall, prior to resuming his regular duties and responsibilities, report to his immediate supervisor.

5.5 For the purposes of this Agreement, the Committee members, Stewards/Plant

Chairperson, together with officers of the Local Union, shall be deemed to be officials of the Union. The parties hereto agree that the Union officials occupy a position of leadership and responsibility to see that this Agreement is faithfully carried out.

5.6 The Company agrees to introduce the Plant Chair and the Shop Steward to newly

hired employees. 5.07 If the Union representative wishes to come onto the Company premises, he must make

a request and specify the reason for such request. The granting or withholding of permission shall be within the sole discretion of the Company.

ARTICLE 6 - DISCRIMINATION 6.1 The Company and Union agree to observe the provisions of the Ontario Human

Rights Code. 6.2 Anti-Sexual and Anti-Racial Harassment:

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1. The Company and the Union recognize the importance of maintaining a working environment, which is free from sexual and/or racial harassment.

2. For the purpose of this clause, "sexual harassment" includes:

(a) unwanted sexual attention of a persistent or abusive nature, made by

a person who knows or ought reasonably to know that such attention is unwanted; or

(b) implied or expressed promise of reward for complying with a sexually

oriented request; or

(c) implied or expressed threat or reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request; or

(d) sexually oriented remarks and behaviour, which may reasonably be

perceived to create a negative psychological and emotional environment for work.

3. For the purpose of this clause "racial harassment" includes:

(a) engaging in a course of comment or conduct that is known or ought

reasonably to be known to be unwelcome where such comment or conduct consists of words or action by the Company, supervisor, or a co-worker in the bargaining unit which disrespects or causes humiliation to an employee because of his or her race, colour, creed, ancestry, place of origin or ethnic origin.

4. Where an arbitrator concludes that Article 6.2(1) has been breached the

arbitrator may direct:

(a) that the aggrieved employee (the complainant) not be required to continue to work in proximity to any person (respondent) found to have engaged in any sexual or racial harassment conduct; and

(b) that any employee who is found to have engaged in sexual or racial

harassment conduct be reassigned to another location or time of work without regard to the respondent's seniority.

5. In any arbitration case arising out of or relating to sexual or racial harassment

conduct, where an arbitrator finds the sexual or racial harassment has occurred the arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment

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shall fall upon the perpetrator and not upon other bargaining unit employees. The arbitrator may direct a transfer of the perpetrator without regard to his/her seniority.

ARTICLE 7 - GRIEVANCES/ARBITRATION PROCEDURE 7.1 It is the mutual desire of the parties hereto that any complaint or cause for

dissatisfaction arising between an employee and the Company with respect to the application, interpretation or alleged violation of this Agreement shall be adjusted as quickly as possible.

7.2 It is generally understood that an employee has no complaint or grievance until he,

either directly or through the Union, has first given his immediate supervisor an opportunity to adjust the complaint.

7.3 If, after registering the complaint with the supervisor and such complaint is not settled

within three (3) regular working days or within any longer period which may have been agreed to by the Parties, then the following steps of the Grievance Procedure may be invoked:

STEP ONE

Within three (3) working days the grievance shall be submitted in writing to a Supervisor. The Supervisor or his designate shall, within three (3) working days, hold a meeting with the employee and the employee's Steward in an attempt to resolve the grievance. The Supervisor or his designate shall, within a further three (3) working days, give his decision in writing and return it to the employee's Steward.

STEP TWO

If the grievance remains unsettled at the conclusion of Step One, the grievance may be appealed within five (5) working days to the Human Resources Manager, or her designate, who shall, within five (5) working days, hold a meeting between the Union Grievance Committee and the appropriate representatives of Management, in a final attempt to resolve the grievance. A Staff Representative of the Union may be present at this meeting if requested by either Party.

The Human Resources Manager, or her designate, shall within a further five (5) working days, give her decision, in writing, to the Union on or attached to the grievance form.

7.4 The Company shall not be required to consider any grievance which is not presented

within three (3) working days after the incident or alleged violation of this Agreement

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occurred. The time limits in the Grievance Procedure may be extended by mutual agreement.

7.5 If final settlement of the grievance is not reached at Step Two, then the Grievance may

be referred in writing by either Party to Arbitration as provided herein, at any time within twenty-five (25) calendar days after the decision is received under Step Two.

7.6 (a) The Local Unit Chairperson/Steward shall be notified immediately of and

shall be in attendance where available in the plant for any dismissals, suspensions and disciplinary action taken against employees. A claim by an employee that he has been discharged or suspended, without just cause, shall be a proper subject for a grievance, if a written statement of such grievances is lodged at Step Two of the Grievance Procedure within five (5) working days after the employee receives notice that he has ceased to work for the Company or returns to work after a suspension, as the case may be.

(b) Notwithstanding the above, in instances where an employee is discharged,

suspended, or disciplined away from the work site, in writing, there will be no requirement to have a meeting with a union representative and the employee present. Such notification shall be given to the Union immediately.

7.7 Grievances referred to arbitration shall be heard by a sole arbitrator except if the

parties agree that a grievance be heard by an arbitration board. 7.8 The following persons shall act in rotation commencing in the following order as

arbitrators to hear grievances:

1. William Marcotte 2. Syd Baxter 3. Martin Teplitsky 4. Earl Palmer 5. Randy Levinson 6. Ross Kennedy

Where the designated arbitrator refuses to or is unable to hear the matter within forty-five days (45), either party may then proceed to the next named arbitrator on the list. If none of the arbitrators on the list agree to hear the matter or are not available within forty-five days (45), an arbitrator shall be appointed by the Minister of Labour upon request by either party pursuant to Section 49 of the Ontario Labour Relations Act.

7.9 The arbitrator shall hear and determine the difference or allegation and shall issue a

decision, which is final and binding upon the parties and upon any employee or

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Employer affected by it. The arbitrator may render a decision immediately. However, he shall give a decision within thirty (30) days after hearings on the matter submitted to arbitration are concluded.

7.10 The arbitrator shall not be authorized, nor shall the arbitrator assume authority, to

alter, modify, or amend any part of this Agreement, nor to make any decision inconsistent with the provisions thereof, or to deal with any matter not covered by this Agreement.

7.11 The Company and the Union shall share equally the fees and expenses of the

arbitrator. 7.12 Prior to a grievance being presented for arbitration either party may request a

pre-arbitration meeting to review the case. This meeting may be attended by the grievor, grievance committee and the staff representative. The intent of this meeting would be to review all particulars, prior to actually proceeding to arbitration.

7.13 The Union or the Company shall have the right to initiate a Policy Grievance of a

general nature, beginning at Step Two of the Grievance Procedure and all provisions of the Grievance and Arbitration Procedures shall apply to such grievances.

7.14 Verbal warnings shall be removed after a discipline free period of eight (8) calendar

months from the date of the last infraction. All other notices of disciplinary action shall be removed after a discipline free period of eighteen (18) calendar months from the date of the last infraction.

ARTICLE 8 - NO STRIKES OR LOCKOUTS 8.1 The Union undertakes and agrees that while this Agreement is in operation neither the

Union nor any employee shall take part in or call or encourage any strike, picketing, sit down, slowdown, or any suspension of or stoppage of or interference with work or production which shall in any way affect the operations of the Company, and the Company agrees that it will not engage in any lockout during the term of this Agreement.

8.2 Any employee who participates in any of the foregoing conduct shall be subject to discipline, up to and including discharge or loss of seniority.

ARTICLE 9 - SENIORITY 9.1 An employee shall be considered a probationary employee until he has worked sixty

(60) days for the Company within a six (6) month continuous period. During such probationary period, he will have no seniority rights; however, on the successful

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completion of the foregoing probationary period he will become a seniority employee and will be credited with seniority from the first day on which he performed work for the Company in such six (6) month period. The parties acknowledge that the probationary period affords the Company an important opportunity for assessment and that a lesser standard will apply to the release of an employee during the probationary period than that which applies to the discharge of an employee who has attained seniority. More specifically, the parties agree that the Company shall have the right to release a probationary employee who the Company believes to be unsuitable because of conduct, quality or quantity of work, attendance, aptitude, inability to work with other employees, or any other work-related reason.

9.2 The Company will provide the Union with an address and seniority list of all employees

and shall update such list every six (6) months. The seniority list shall be posted with a copy sent to the Union.

(a) Seniority shall be maintained and accumulated during absence due to lay-off,

sickness, accident or leave of absence. 9.3 (a) The parties recognize that job opportunity and security shall increase in

proportion to length of service. It is therefore agreed that in all cases in filling job vacancy, transfer from one job classification to another, lay-off, and recall after lay-off, senior employees shall be entitled to preference.

(b) In recognition, however, of the responsibility of management for the

operation of the plant, it is understood and agreed that in all cases referred to in Article 9.3(a) management shall have the right to pass over any employee if it is established that the employee does not have the competence, ability and/or physical fitness to perform the work required during a demonstration period of up to five (5) days.

(c) Upon recall employees will be returned to their original position. 9.4 An employee shall lose his seniority standing and his/her name shall be removed from

all seniority lists for any one of the following reasons:

1. if the employee voluntarily quits; 2. is discharged for just cause and is not reinstated in accordance with the

provisions of this Agreement;

3. if the employee is laid off and fails to return to work within five (5) work days after he has been notified to do so by the Employer by registered mail to his last known address (a copy of such notice shall be sent to the Union).

4. if the employee has been on lay-off for lack of work for a period of more

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twenty-four (24) consecutive months;

5. if he fails to report to work for three (3) consecutive days without a reasonable reason satisfactory to the Company;

6. if he fails to report for work within one (1) day of the expiry date of any leave

of absence subject to extenuating circumstances beyond the employee's control.

9.5 Seniority shall be on a plant-wide basis and shall mean total length of continuous

service in the bargaining unit as defined in Article 9.1. 9.6 It shall be the duty of an employee or laid-off person to notify the Company office

promptly, in writing, of any change of address or telephone number. If an employee or laid-off person shall fail to do this, the Company shall not be responsible for the failure of a notice to reach him and any notice sent to him by the Company by registered mail to the address which appears on the Company's personnel records.

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9.7 (a) New positions or permanent vacancies, as determined by Management, shall be filled on the basis of length of service, qualifications, skill and ability to perform the duties required for the position to be filled. If the vacancy is not filled from those employees applying for the position, Management may hire from outside the bargaining unit. The posting for such positions shall be placed on the Employees' bulletin board for five (5) working days. The successful candidate shall be notified that he has been awarded the job within fifteen (15) days after the posting comes down. A successful applicant shall not be eligible to bid for another vacancy for a period of three (3) months in all cases. Management in its sole discretion has the right to fill or not to fill positions whether it has commenced the job posting/interviewing process or not.

(b) Notwithstanding the above, when filling vacancies in Shipping/Receiving,

Lead Hand, Q.C. and Floater/Utility classifications, applicants may be required to take basic English reading, writing or math tests relative to the job that is to be performed.

(c) Employees accepted by Management on a posted job who fail to qualify (or

feel dissatisfied with the job) within a reasonable trial period of not less than ten (10) days trial period (which may be extended by the Parties depending upon the operation) shall be returned to their former job.

(d) An employee who is bypassed in favour of an employee with less seniority to

fill the vacant job, shall be notified in writing as to the reason(s) he was not accepted. The name of the successful applicant shall be posted on the bulletin boards.

(e) The Union shall receive copies of all Job Postings at time of posting and the

successful applicant. (f) The Company agrees to pay for any training/licensing and certification

associated with or that may be required for any classification or position within the bargaining unit. Failure by an employee to stay in the employ of the Company for ninety (90) days following the training/licensing and certification will result in the employee having to reimburse the Company for the training/licensing and certification.

9.8 Temporary vacancies not exceeding thirty (30) days’ duration may be filled by

Management without adhering to the posting provisions of this Article. A vacancy that is not permanent and is known to be more than thirty (30) days in

duration will be posted as a temporary vacancy. An employee filling a posted temporary vacancy will be returned to their previous classification in the event of a layoff in the classification and when the vacancy expires.

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9.9 An employee laid-off in one classification will be given the opportunity of displacing

any employee with less seniority in any classification provided they have the qualifications, ability and fitness to perform the job. Employees will be paid at that classification's rate.

9.10 Whenever it becomes necessary to reduce the workforce, the employees affected shall

be given a minimum of one (1) weeks notice in advance of the date of lay-off, or pay in lieu thereof.

9.11 Upon a recall to work following a lay-off, employees shall be recalled in the reverse

order of seniority such that the most senior employee on lay-off is the first to be recalled.

9.12 (a) The Unit Chairperson, Union Stewards and Health and Safety Committee

members shall have top plant-wide seniority in case of lay-off and shall be retained by the Company on work they are willing and able to perform.

(b) Local Union Officers, Stewards and Health and Safety Committee members

who are retained in employment due to the provisions of (a) above shall only be entitled to job preference based on their natural seniority rating.

ARTICLE 10 - LEAVE OF ABSENCE Personal 10.1 Personal leaves of absence without pay are granted to employees having special

personal need for an extended period of absence. Each case will be considered on its own merits, taking into account the following:

(a) reason for the request and the duration of leave required; (b) operational needs of the Company;

(c) previous leave taken and absences;

(d) the Employee's length of service;

(e) any person who is absent with such written permission shall continue to

accumulate seniority during said absence.

In instances of family emergency and illness, 10.1(c) above will not be considered.

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The Union will receive notification of all requests for leaves of absence and the Company's response to such requests.

Union 10.2 Subject to operational requirements, employees who have been selected to work in an

official capacity for the Local or International Union shall be entitled to leave of absence without pay. Such employees on leave of absence will continue to accumulate seniority. A request shall be made in writing to the Company at least ten (10) working days before the leave is to commence, stating the date of commencement and duration of such leave.

10.3 Employees taking leave of absence under Article 10.1 shall have the right at any time

on giving reasonable notice or a mutually agreed to time to return to their previous position or to such other position to which they may be entitled by reason of seniority. Employees in positions requiring certification will be responsible for ensuring that it is maintained in good standing.

10.4 A maximum of three (3) employees, who have been elected or appointed by the Union

to attend Union conventions or conferences or other Union business, shall be granted a leave of absence without pay subject to operational requirements and such leave shall not be unreasonably withheld. The Union will notify the Company in writing, not less than five (5) working days prior to the start of the leave, of the name of the delegate and the length of leave.

10.5 The Negotiating Committee may consist of up to four (4) members selected by the

Union, along with representatives of the International Union. The Company agrees to grant leave of absence with pay to a maximum of thirty -two (32) hours for each employee who are members of the Negotiating Committee. The Company agrees to recognize and deal with a Grievance Committee of not more than two (2) employees who shall be granted leave with pay of not more than one hour per month each to attend grievance meeting. All other time spent in grievance meetings shall be without pay. One member of the Grievance Committee shall be granted leave with pay up to a maximum of two and a half (2.5) hours per month to investigate grievances at a mutually agreeable time. All other time spent investigating grievances shall be without pay. The Staff Representative may attend grievance meetings if requested, by either party.

10.6 The Union shall notify the Company in writing of the names of the employees on the

Negotiating Committee and the dates requested for preparation no later than fifteen (15) days in advance of such leave taking place.

Bereavement Leave

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10.7 In the event of a death in the immediate family of an employee with thirty (30) days service, the employee will be granted time off up to three (3) continuous working days commencing with the date of death. Payment will be at the Employee's straight time hourly rate of pay exclusive of premiums. Immediate family shall mean: current spouse, parent, child, mother-in-law, father-in-law, brother or sister of the employee. In the event of death of an employee's brother-in-law, sister-in-law, grandparent or grandchild, the employee will be granted one (1) day off with pay commencing with the date of death and two (2) additional days off without pay. Bereavement pay will not be paid in addition to any other type of allowed pay nor for any day upon which the employee will not otherwise have performed work for the Company.

Jury Duty 10.8 An employee who has attained seniority shall be granted leave of absence with pay at

his regular hourly rate, to a maximum of eight (8) hours per day for the purpose of serving jury duty for up to fifteen (15) days, or as a Crown witness subpoenaed to an appearance. The employee shall reimburse the Company to the full amount of jury pay or witness fees received by him. For purposes of this clause, all employees shall be considered as being on day shift.

In order to receive payment, an employee must give Management twenty-four (24) hours prior notice that he has been summoned for jury duty or Crown witness duty and must furnish satisfactory evidence that he reported for or performed such duty on the days for which he claims such payment.

Maternity /Parental Leave 10.9 The Company agrees to grant employees a leave of absence in the case of

maternity/parental leave in accordance with the Employment Standards Act in Ontario. 10.10 The Company agrees to continue the pay of any employee absent from work on Union

business which is not paid for by the Company as provided for elsewhere in the Agreement, and the Union shall reimburse the Company for such wage payment upon receipt of a monthly statement. Such leave of absence shall be authorized in writing by the Union.

Canadian Citizenship 10.11 The Company Agrees to allow leave of absence without loss of pay for up to eight (8)

hours to an employee who wishes to become a Canadian Citizen. Such time off work shall be paid after verification is received by the Company that such person did apply and receive his Canadian Citizenship.

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ARTICLE 11 - HEALTH AND SAFETY 11.1 The Company and the Union recognize the benefits to be derived from a safe and

healthy place of employment. It is agreed that the Company and the Union will co-operate fully to promote safe work practices, health conditions and the enforcement of safety rules and procedures.

11.2 The Company and the Union shall maintain a Joint Occupational Safety and Health

Committee consisting of not more than three (3) members elected or appointed by the Union and not more than three (3) members appointed by the Company. The members of the Committee shall elect the chairperson(s). The member elected or appointed by the Union, who will be the designated certified member, must become certified within 6 months; failing which he will be removed from the Committee. The third member for the Union and Company shall be from a shift other than the day shift.

11.3 Duties of the Certified Worker

(a) A certified member who has reason to believe that dangerous circumstances exist at a workplace may request that a supervisor investigate the matter and the supervisor shall promptly do so in the presence of the certified member.

(b) The certified member may request that a second certified member

representing the other workplace party investigate the matter if the first certified member has reason to believe that the dangerous circumstances continue after the supervisor's investigation and remedial actions, if any.

(c) The second certified member shall promptly investigate the matter in the presence of the first certified member.

(d) If both certified members find that the dangerous circumstances exist, the

certified members may direct the Employer to stop the work or to stop the use of any part or of any equipment, machine, device, article, or thing.

(e) The Company shall immediately comply with the direction and shall ensure

that compliance is effected in a way that does not endanger a person. (f) If the certified members do not agree whether dangerous circumstances exist,

either certified member may request that an inspector investigates the matter and the inspector shall do so and provide the certified members with a written decision.

(g) After taking steps to remedy the dangerous circumstances, the Employer may

request the certified members or a inspector to cancel the direction.

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(h) The certified members who issued a direction may jointly cancel it or an inspector may cancel it.

11.4 An employee may refuse to work or do particular work where he has reason to believe

that:

(1) any equipment, machine, device or thing he is to use or operate is likely to endanger himself or another employee.

(2) the physical condition of the workplace or the part thereof in which he works

or is to work is likely to endanger himself, or (3) any equipment, machine, device or thing he is to use or operate or the

physical condition of the workplace or the part thereof in which he works or is to work is likely to endanger himself or another employee.

11.5 (a) If as set down in Article 11.4, an employee refuses to work or do particular

work, he shall promptly report the circumstances of his refusal to his supervisor, who shall forthwith investigate the report with representatives of the Occupational Safety and Health Committee.

(b) Following the investigation and any steps taken to deal with the circumstances

that caused the employee to refuse to work or do particular work, if the employee continues to have reasonable grounds to believe that carrying out the work would endanger himself or another employee, then an inspector representing the Ministry of Labour shall investigate the refusal to work and shall give his decision in writing as soon as possible.

(c) The employee shall be found alternative work until such time the job has been

made safe or determined to be safe to work on. 11.6 Pending the investigation and decision of the inspector, no employee shall be assigned

to use or operate the equipment, machine, device or thing or to work in the workplace or the part thereof which is being investigated until the job in question has been deemed safe to operate by the Plant Safety Committee.

11.7 The general duties of the Occupational Safety and Health Committee shall be in

accordance with applicable legislation and the current corporate practices. 11.8 Time spent in carrying out the duties of the Occupational Safety and Health

Committee in accordance with the provisions of this Agreement will be considered as time worked for all purposes. Members will be paid at their regular rate of pay, for all time spent on investigating accidents, unsafe working conditions, preparation for Health and Safety Meetings.

11.9 Minutes of the Occupational Safety and Health Committee meetings will be copied

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and distributed to each committee member. 11.10 The Company agrees to maintain two (2) bargaining unit employees per shift that have

First Aid Training. Such employees shall be selected by the Union and shall not suffer loss of pay for attending training.

11.11 The Company will provide a safety shoe allowance to permanent full-time employees

to a maximum of one hundred dollars ($100.00) every eighteen months for Company approved safety footwear during the course of this Agreement.

ARTICLE 12 - BULLETIN BOARDS 12.1 The Company agrees to provide the Union with two bulletin boards, one in the

lunchroom and one in the hall by the employee entrance. Notices will be signed and posted only by officers of the Union after receiving approval from management, which approval shall not be unreasonably withheld, and will be in keeping with the spirit and intent of this Agreement.

ARTICLE 13 - HOURS OF WORK AND OVERTIME 13.1 Generally the hours of work for fulltime employees will be forty (40) hours in a

workweek. The normal workweek is Monday to Friday. The pay frequency is bi-weekly. Each pay week is from Monday to Sunday.

13.2 Nothing in this Article shall be so construed to mean a guarantee of hours of work per

day or per week or days of work per week or days of work in a week. 13.3 (a) A shift is a period during the day when the work is performed. Shifts are the

day shift, the afternoon shift, and the night shift. When operating on a three (3) shift basis:

The normal hours of work for all employees covered by this Agreement shall be eight (8) hours worked in any one day on the day and evening shifts and six and one-quarter (6.25) hours worked in any one day on the night shift, and forty (40) hours worked in any one week with the exception of the night shift, which is thirty-one and one-half (31.5) hours worked in any one week. (i) the day shift hours are: 7:00 a.m. - 3:30 p.m.

(ii) the evening shift hours are: 4:00 p.m. - 12:30 a.m.

(iii) the night shift hours are: 12:45 a.m. - 6:30 a.m.

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When operating on a two (2) shift basis: - Day shift will follow the current pattern of eight and one-half (8.5)

hours duration, paid eight (8) hours, one-half hour (1/2) unpaid lunch break.

- Afternoon shift start time will normally be one-half (1/2) hour after

the end of the day shift with a duration of eight and one-half (8.5) hours to ten and one-half (10.5) hours (inclusive of a one-half (1/2) hour unpaid lunch break) – the number of shifts required will vary from three (3) to five (5) depending on the schedule.

(b) In the application of clause 13.3(a) the parties agree that management has

the right to change shift start and finish times upon giving those employees affected 48 hours notice.

13.4 Time off for a meal for employees shall be as close as possible to mid-shift and shall

be for a minimum of one-half hour without pay. 13.5 All employees shall be allowed a paid break of 20 minutes in the first half of their shift.

13.6 In the event the Company requires employees to work shifts, the Company shall

provide employees with steady shifts. Notwithstanding the foregoing, the Company shall have the right to require an employee to change shifts for a period of no more than a total of ten (10) working days in any given quarter. In instances where employees are registered in educational courses, they will not be required to rotate their shifts. This clause does not apply to employees in the Floater classification.

13.7 The Union recognizes the importance of having employee’s report on time to their

scheduled shift. In this regard, employees that report five (5) minutes late to work shall be deducted 15 minutes for every quarter of an hour or less that they report late to work. Those employees that fail to punch in or out shall be deducted 30 minutes.

Overtime 13.8 Hours worked by an employee in excess of forty (40) in a week, shall be paid at the

rate of one and one-half times the employee's regular hourly rate. It is mutually agreed that overtime shall be distributed as equitably as possible among the employees who are capable to perform the work. In the application of this clause, overtime will be assigned to employees currently performing the work in the section where the overtime is required and at the time the overtime is required.

The parties agree that there shall be no pyramiding of premium rates.

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13.9 In the event that the Company is unable to obtain sufficient employees to work

overtime on a voluntary basis, the Company shall have the right to assign the required number of employees to work overtime as it requires, beginning with the employee having the least seniority.

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ARTICLE 14 - STATUTORY HOLIDAYS 14.1 Employees in the active employ of the Company who have completed their

probationary period and who are not required to work on the holiday concerned shall receive pay for the following holidays:

New Year's Day Civic Holiday Good Friday Labour Day Victoria Day Christmas Day Canada Day Boxing Day Thanksgiving Day

Should one of the above statutory holidays fall on a Saturday or Sunday, another day shall be observed as the holiday as designated by the Company.

In addition to the above statutory holidays, employees will be entitled to two (2) floater days per year.

Such floaters will be taken subject to operational requirements. It is agreed that employees must provide seven (7) days notice of such request and that

not more than four (4) employees at any give time shall be entitled to take their floaters at any given time.

Such floaters will be distributed on a fist come first served basis. In the event that employees do not get the opportunity to take such floaters. Such

floater shall be taken at the end of the year during the Christmas and New Year shutdown.

14.2 Holiday pay shall be computed on the basis of eight (8) hours at his regular straight

time hourly rate of pay. 14.3 Employees shall be eligible for holiday pay in accordance with the Employment

Standards Act of Ontario.

An employee who requests permission to leave the plant early on a qualifying day and is granted permission will qualify for such holiday pay.

14.4 When any of the holidays are observed during an employee's scheduled vacation

period, he shall receive holiday pay as provided in Article 14.2 if he is eligible for such payment under Article 14.3 and shall be granted an additional day off at a time to be arranged between the employee and the Company.

14.5 All hours paid for Holidays referred to in Article 14.1 will count as hours worked for

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the purposes of Article 13.8. ARTICLE 15 - VACATION PAY 15.1 Whenever the term vacation year is used in this Agreement, it shall mean the calendar

year. 15.2 The employee shall be entitled to an annual vacation in accordance with the following

schedule on the basis of his service (i.e. seniority) at December 31st in each year:

(a) one (1) year of service (seniority) but less than five (5) year of service at December 31st: two (2) weeks;

(b) five (5) years of service (seniority) but less than ten (10) years of service

(seniority) at December 31st: three (3) weeks;

(c) ten (10) years of service (seniority) but less than fifteen (15) years of service (seniority) at December 31st: four (4) weeks; and

(d) fifteen (15) years of service (seniority) but less than twenty (20) years of service

(seniority) at December 31st: five (5) weeks. 15.3 An employee shall commence accruing vacation pay on his anniversary date based on

gross salary. 15.4 Vacation shall not be accumulated and must be taken within the current calendar year. 15.5 Scheduling of Vacation

(a) Employees shall receive notice before April 1st of the vacation plant shutdown periods. Such shutdown periods shall take place between the following dates:

(i) May 1 to August 31; and

(ii) December 1 to January 31.

Employees shall advise the Company before June 1st of their vacation period preference and senior employees shall be entitled to preference when vacation periods are granted.

(b) The Company shall have the right to designate the vacation plant shutdown

periods. Vacations shall be taken all or in part during said vacation plant shutdowns.

(c) During the plant shutdowns, Employees not scheduled to work must take the

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time off as vacation.

15.6 Pay for vacation to which the Employee is entitled hereunder will be two percent (2%) of wages earned in the vacation year for each week of vacation entitlement. Employees with less than one (1) year service as of December 31st shall receive as vacation pay four percent (4%) of wages earned, as defined above, at December 31st.

ARTICLE 16 - RELIGIOUS OBSERVANCE 16.1 Those Holy Days, which fall on a regular work day shall be considered a leave of

absence without pay. Employees must notify the Supervisor seven (7) days in advance for time off for "Religious Holiday Observance".

ARTICLE 17 - REPORTING ALLOWANCE 17.1 In the event that an employee reports to work on his regular shift, without having

previously been notified not to report, he will be given at least four (4) hours work at his regular rate of pay or if no work is available, he will be paid the equivalent of four (4) hours at his regular rate of pay in lieu of work. This provision shall not apply when there is a lack of work due to a situation beyond the control of the Company.

ARTICLE 18 - CALL-IN-PAY 18.1 Any employee who has completed his shift and has left the Company's premises and is

recalled to work extra time shall be paid at time and one-half (1 ½), and will not receive less than the equivalent of four (4) hours pay at the employee's regular rate of pay for such additional work.

ARTICLE 19 - PAY ON DAY OF INJURY 19.1 An employee injured on the job shall be paid, subject to proof of medical attention, for

the balance of his shift on which the injury occurred at his straight time hourly rate of pay, exclusive of premiums, if, as a result of such injury, the employee is sent home or to an outside hospital. Where necessary, the Company will provide transportation to the doctor's office or hospital on the day of injury.

ARTICLE 20 - ASSIGNMENT TRANSFER 20.1 Assignment is to work which is within the employee’s classification or a lower rated

classification. An assignment will not result in a change in an employee’s rate of pay.

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Transfer is to work which is normally within a classification at a higher rate of pay. A transfer results in a change in pay rate if the transfer is for a period of time greater than one (1) hour and the employee is performing the full duties of a higher rated classification.

20.2 (a) First opportunity to earn more for transfer to a higher rated classification for a temporary period will be given to the most senior employee from a lower rated classification within the production line if he is capable and qualified of performing the work.

(b) Should there be no qualified employee from within the production line then

the most senior employee in the bargaining unit from a lower rated classification who is capable and qualified of performing the work shall be given the opportunity before new employees are hired

ARTICLE 21 - LABOUR MANAGEMENT RELATIONSHIP COMMITTEE 21.1 The Labour Management Relationship Committee shall consist of two (2)

representatives from the Union, one of whom shall be the Plant Chairperson or his designate, and two (2) representatives from the Company.

21.2 The Committee shall be co-chaired by a Union representative and Company

representative. 21.3 The Committee shall meet at least once every quarter. 21.4 Time spent in Committee meetings shall be considered time worked and will be paid at

straight time rates of pay. 21.5 Union Committee members shall be permitted to meet separately from Management

during working hours up to a maximum of one and one-half hours prior to any scheduled Committee meeting without loss of wages.

21.6 Union Staff Representative will be allowed to participate in any meetings of the

Committee. 21.7 Management will share information about the Mississauga operations when

applicable. 21.8 Nothing herein shall be considered a limitation on the rights provided to the parties

under the terms of the Collective Agreement. 21.9 Notwithstanding the above, the Union recognizes and acknowledges Management's

open door policy. In this regard, senior management will make themselves available

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once a month to meet with employees for issues pertaining to matters of a personal nature on a voluntary basis.

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ARTICLE 22 - SHIFT PREMIUMS 22.1 All Employees who are required to work the evening shift, namely, between the hours

of 4:00 p.m. and 12:30 a.m. shall receive 10¢ cents per hour additional compensation for working during these hours.

22.2 Employees required to work the night shift, namely between the hours of 12:45 a.m.

and 6:30 a.m. shall receive 55¢ cents per hour additional compensation for working during these hours.

ARTICLE 23 - COLLECTIVE AGREEMENT PRINTING 23.1 The Company agrees to pay for the printing of the Collective Agreement and to

provide the Union with sufficient copies for its files. ARTICLE 24 - BENEFITS 24.1 The Company agrees to pay 100% of the premium for Life Insurance and Accidental

Death and Dismemberment (Max. $10,000.00) each and to provide equivalent benefits to the current Union Health Plan as stated in the benefit booklet written January 1, 2005.

24.02 (a) The Company further agrees to increase the annual family prescription drug

plan starting July 1st, 2008 from $1,250.00 to $1,350.00.

(b) The Company will cap the annual family prescription drug plan to a maximum of $1,500.00 starting from July 1st, 2009.

ARTICLE 25 - LETTER OF AGREEMENT AND SCHEDULES 25.1 All letters of Agreement and Schedules attached to this Agreement shall be signed by

both parties and shall form part of this Collective Agreement. ARTICLE 26 -TERM OF THE AGREEMENT 26.1 This Agreement shall become effective on the 1st day of July, 2007 with changes

effective the first day after ratification, unless specifically stated otherwise, and shall continue in full force and effect up to and including the 30th day of June, 2010.

26.2 Either party desiring to renew or amend this Agreement may give notice in writing of its

intention during the last 90 days of its operation.

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26.3 If notice of the intention to renew or amend it given by either party pursuant to the

provisions of the preceding paragraph, such negotiations shall commence not later than 15 days after such notice or as soon thereafter as is mutually agreed.

26.4 If pursuant to such negotiations, or if no notice is given, and an Agreement is not

reached on the renewal or amendment of the Agreement prior to the current expiration date, the Agreement shall continue in effect in accordance with the terms of the Ontario Labour Relations Act.

Signed on behalf of the parties hereto at Mississauga, Ontario, this _____ day of _________, _____. For the Company For the Union

_________________________________

_________________________________

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SCHEDULE “A”

CLASSIFICATIONS AND WAGE RATES

CLASSIFICATIONS AND WAGE RATES Classification Current Rate Oct. 12/07

6% Increase July 1/08

3.5% Increase July 1/09

3.5% Increase Manufacturing Clerk

$11.24 $11.91 $12.33 $12.76

Tester $11.43 $12.12 $12.54 $12.98 Toner Filler $11.51 $12.20 $12.63 $13.07 Q.C. Inspector $11.43 $12.12 $12.54 $12.98 Floater $13.05 $13.83 $14.31 $14.81 *Lead Hand $11.68 $12.88 $13.33 $13.80 Janitor $12.01 $12.73 $13.18 $13.64 Shipper/Receiver $13.05 $13.83 $14.31 $14.81

* Lead Hand classification will increase an additional .50¢/hr. on the first day following ratification. All red circled employees shall receive the average wage increase in each year of the Collective Agreement. All new employees hired as Manufacturing Clerks after the ratification shall start at $9.00 and progress at the rate of fifty cents (.50¢) per hour every six (6) months for the first eighteen (18) months of employment and twenty-five cents (.25¢) per hour every six (6) months until they reach the job rate. Disassembly Function: All Manufacturing Clerks working on the disassembly function for a period of one (1) week or more will be entitled to a premium of .10¢/hr. for all hours worked. Signing Bonus: The Company will add a signing bonus of $250.00 per non-laid off employee upon their return to work on or about Friday, October 12, 2007 and for those employees currently on lay-off, upon their recall to work.

26.3 If notke of the intention to renew or amend it given by either porty pursuant to the provisions

of the preceding paragraph, such negotiations shall commence not later than 15 days after

notice or os soon thereafter as is mutually agreed.

26.4 If pursuont to such negotiations, or if no notice is given, and an Agreement is not reached on

the renewal or amendment of the Agreement prior to the current expiration dote, the

Agreement shall continue in effect in accordance with the terms of the Ontario Labour

Relotions Act

Signed on behalf of the parties hereto at Mississaugo, Ontario,