COLLECTIVE AGREEMENT STAR METAL ...UI;;.DQ!P"E IOEN1 COOED SUB. PROVS COOED ( I . • TABLE OF CONTENTS ARTICLE PAGE(S) ARTICLE 1-PURPOSE ARTICLE 2-RECOGNITION ARTICLE 3-MANAGEMENT

• • ·a -COLLECTIVE AGREEMENT

BETWEEN

STAR METAL MANUFACTURING INC.

AND

C.A.W., LOCAL 195

.,

TERM OF AGREEMENT: February 1, 2001, to and including January 31, 2004.

Received - union

Received- employer D R~ived-omer ______ _

OFFICE OF

JUN 11 2001 COLLECTIVE BARGAINING

INFORMATION

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I . • TABLE OF CONTENTS

ARTICLE PAGE(S)

ARTICLE 1- PURPOSE

ARTICLE 2- RECOGNITION

ARTICLE 3- MANAGEMENT RIGHTS 2

ARTICLE 4- UNION SECURITY AND CHECK OFF 2-3

ARTICLE 5- UNION REPRESENTATION 3-4

ARTICLE 6- GRIEVANCE PROCEDURE 5-6

ARTICLE 7- ARBITRATION 6-8

ARTICLE 8- DISCIPLINE 8

ARTICLE 9- DISCIPLINARY RECORD 8

ARTICLE 10- NO DISCRIMINATION/HARASSMENT 8-9

ARTICLE 11- GENDER 9

ARTICLE 12- SENIORITY 9. 10

ARTICLE 13- JOB POSTING 10. 11

ARTICLE 14- LAYOFF AND RECALL 12

ARTICLE 15- LEAVE OF ABSENCE 13 '

ARTICLE 16- BEREAVEMENT 13

ARTICLE 17- IN CAR CERA TION LEAVE 14

ARTICLE 18- PAID EDUCATION LEAVE 14

ARTICLE 19- UNION LEAVE OF ABSENCE 14

ARTICLE 20- PREGNANCY/PARENTAL/ADOPTION LEA YES 14

ARTICLE 21- PUBLIC OFFICE LEAVE OF ABSENCE 15

ARTICLE 22- JURY DUTY AND SUBPOENAED WITNESS 15

ARTICLE 23- CONTRACTING OUT 15

ARTICLE 24- SHIFT PREMIUM 15

ARTICLE 25- PAYDAY 15- 16

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ARTICLE 26- OVERTIME

ARTICLE 27- CALL BACK

ARTICLE 28- REPORTING PAY

ARTICLE 29- EMPLOYEE CALL-IN PROCEDURE

ARTICLE 30- TIME STUDY

ARTICLE 31- HOLIDAY

ARTICLE 32- VACATION WITH PAY

ARTICLE 33- SUBSTANCE ABUSE

ARTICLE 34- HEALTH AND SAFETY

ARTICLE 35- GROUP INSURANCE- HEALTH/WELFARE INSURANCE- LIFE A.D. AND D. & LONG TERM DISABILITY

ARTICLE 36- NEW EMPLOYEE ORIENTATION

ARTICLE 37- HOURS OF WORK

ARTICLE 38- TECHNOLOGICAL CHANGE

ARTICLE 39- CONTINUING EDUCATION

ARTICLE 40- INJURY ALLOWANCE

ARTICLE 41- LOCKERS

ARTICLE 42- BULLETIN BOARDS

ARTICLE 43- COPIES OF THE CONTRACT

ARTICLE 44- STRIKES OR LOCKOUTS

ARTICLE 45- DURATION

SCHEDULE "A"- WAGES

LETTERS OF UNDERSTANDING

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ARTICLE 1 -PURPOSE

1.01 It is the intent and purpose of the parties to this Agreement, which has been negotiated and entered into in good faith:

(a) to provide and maintain working conditions, hours of work, wage rates and benefits set forth herein;

(b) to recognize mutually the respective rights and functions of the parties hereto;

(c) to establish an orderly system for the promotion, demotion, transfer, layoff and recall of employees;

(d) to establish a prompt, just and equitable procedure for the disposition of grievances;

(e) and generally, through the full and reasonable administration of all the terms and provisions contained herein, to develop and achieve a relationship between the Union, the Company, and the employees which will be conducive to their mutual well-being.

ARTICLE 2 -RECOGNITION

2.01 (a) The Company recognizes the Union as the sole and exclusive bargaining agency for all of its employees, save and except Supervisors, persons above the rank of Supervisor, office, sales and engineering staff.

(b) It is agreed by the parties that if the Company starts other manufacturing, warehousing or tooling operations in the County of Essex and Kent, the contract with Local 195 shall govern. The Company further agrees to notify the Union immediately of any confrrmed change of name or ownership.

(c) The parties further agree that the C.A.W. shall be recognized as bargaining agent for all manufacturing, warehousing and tooling operations in the County of Essex and Kent.

(d) In the event the Company relocates the present operation within the Province of Ontario which will result in a layoff of employees, the employees shall have the right to move to the new location and retain the seniority each has acquired.

(e) A person who has not previously worked in the bargaining unit shall, if transferred into the bargaining unit, be considered a probationary employee.

(f) An employee who is not subject to the provisions of this Agreement will not perform any work which is normally performed by employees in the bargaining unit with the following exceptions:

i) in emergencies;

ii) where there is no employee qualified and immediately available to do the work;

iii) in the instruction and training of employees;

iv) for the purpose of checking workmanship, quality of product, trouble shooting and problem solving.

ARTICLE 3- MANAGEMENT RIGHTS

3.01 The Union acknowledges that it is the exclusive right of the Company to operate and manage it business in all respects and, by way of illustration, and without limiting the generality of the foregoing, and, subject to the express provisions of this Agreement, it is the right of the Employer to:

(a) hire, classify, re-classify, direct, transfer, layoff, promote and demote employees.

(b) Suspend, discipline and discharge employees for just cause, subject to the right of a seniority employee to lodge a grievance with respect to that employee's suspension, discipline or discharge.

(c) Suspend, discipline and discharge probationary employees at any time during probationary period for any reason {except such suspension, discipline, or discharge shall not be discriminatory or in bad faith).

{d) Maintain order, discipline and efficiency.

{e) Determine plant locations, the products to be manufactured, schedules of production, the work areas, the methods, processes and means of manufacturing.

{f) Make and alter from time to time the rules and regulations to be observed by the employees. These rules and regulations shall not be inconsistent with provisions of the agreement. All changes in the posted rules and regulations must be discussed with the plant committee before they are adopted. If there is a dispute of any kind concerning the administration of these rules and regulations, the Union may grieve such under the terms of this Collective Agreement.

3.02 Without restricting or limiting the generality of the foregoing, the Company retains all rights and responsibilities of management not specifically relinquished or modified by this Agreement.

ARTICLE 4- UNION SECURITY AND CHECK OFF

4.01 (a) The Employer and the Union agree that all employees covered by this Agreement shall be members in good standing of Local 195 C.A.W. (hereinafter referred to as the "Union"), and will be required to continue to be members of the Union as a condition of employment with the company.

(b) The Company agrees that all new employees shall become members of the Union within thirty {30) calendar days from the start of employment and remain members during the life of this agreement, as a condition of their employment with the Company.

(c) The Company agrees, when authorized in writing by the Union to deduct monthly the wages of all employees within the bargaining unit, the equivalent of one months dues, initiation fees and other assessments authorized by the Constitution and by-laws of the Union.

(d) By the tenth (lOth) of the following month, the employer will remit by cheque to the Financial Secretary ofLocall95 C.A.W. the total of the deductions made together with a list of those from whom deductions are made. The Company will also supply a list of those members who did not have Union Dues deducted and the reason why no deduction took place.

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(e) The Union agrees to indemnify and hold harmless the employer against any and all liability which may arise by reason of the check off by the employer of such deductions from employees' wages in accordance with this agreement.

(f) The Company agrees to include the Union dues paid by the employee on his T4 slips annually, which will be distributed the ftrst Thursday of February.

(g) Re: Union Dues, Initiation Fees and Other Assessments

The monies referred to in this Article are to be held in trust by the Company. These monies cannot be used in any fashion by the Company or its agents or any agents acting on behalf of it's creditors. The sole and exclusive role of the Company is to deduct the monies and hold them in trust until such time as they are remitted to the Union in accordance with this Collective Agreement.

ARTICLE 5- UNION REPRESENTATION

5.01 The Union shall elect and the Company shall recognize a Committee for the purpose of representation of the employees on matters arising from the agreement, or other matters relating to employment and for negotiations for renewal of the collective agreement.

5.02 The Committee shall consist of two (2) committee persons, in addition to the Chair Person, as follows:

5.03 (a)

Chairperson Vice-Chairperson Committee Person

In addition, the Union shall elect and the Company shall recognize one ( 1) steward per shift per plant in order to provide representation on each shift.

(b) There will also be alternate shop stewards, in the event the recognized shop steward is absent. However, the Union reserves the right to appoint an alternate steward, from among the employees on the shift, in the event both the shop steward and the alternate steward are absent. Alternate stewards, when replacing the regular shop steward shall be accorded all the rights of the person they are replacing.

5.04 The Union agrees to notify the company in writing in order to be recognized, the names of the committee, stewards and alternate stewards.

5.05 Members of the committee, the elected stewards and alternates shall have at least one (1) year seniority. (with exception of 1st election)

5.06 The Union recognizes and agrees that members of the Committee and Stewards have regular duties to perform in connection with their employment and that only such reasonable time as is necessary will be taken by such person during working hours to deal with union matters arising from the administration of the collective agreement.

5.07 The Company will allow the Chairperson eight (8) hours per week on the last regularly scheduled day of the week in or out of the plant, and any other time as needed to, deal with union matters arising from the administration of the collective agreement without loss of pay or beneftts. In addition, the Committee will be allowed to meet for a maximum of three (3} hours once per month. In accordance with this article, the committee persons will be paid twenty-ftve (25) cents per kilometre for travel expenses incurred as a result of attending such meetings and Step 3 grievance meetings.

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5.08 The Committee persons will be scheduled to work on the day shift provided there is work available which they are able to perform.

5.09 Before leaving his /her regular work to investigate and deal with a grievance or union matters arising from the administration of the collective agreement, a Committee person or steward shall obtain the permission of his Supervisors. The Supervisors shall not withhold unreasonably his permission and shall not defer his permission, by reason of production requirement for more than a reasonable length of time not to exceed thirty (30) minutes. The committee person and/or steward shall report to his foreperson on his return to his regular work.

5.10 In accordance with this understanding the Company will compensate such committee person/steward for the time spent during their regular working hours in dealing with union matters arising from the administration of the collective agreement at their regular rate of pay.

5.11 The company shall recognize one (I) shop steward per shift per plant and one (1) additional steward for every seventy-five (75) employees per shift per plant.

5.12 The Company agrees to pay for a bargaining committee, consisting offour (4) persons, at straight time hourly rate, for the time spent in negotiations with the Company up to the date upon which a work stoppage occurs. The Company will pay for four ( 4) Committee persons each for three (3) days to prepare new contract amendments commencing with the next collective agreement. For each negotiating session that occurs, such payment shall be a maximum of eight (8) hours straight time.

5.13 (a) Notwithstanding his seniority status, a steward in the event of a layoff or reduction in his/her classification shall be continued at work in his classification as long as work is available which he is able to do and thereafter, shall be continued at other work in the plant as long as other work is available which he/she is able to do.

(b) In the event of layoff, the Chairperson will be considered to have the highest seniority in the bargaining unit followed by the committee people in their respective plants provided each is able to do the work available.

5.14 Any employee requesting to see their Union Representative on their shift, will be allowed to do so in a reasonable amount of time. A reasonable amount of time shall be deemed as thirty (30) minutes or less.

5.15 The Company agrees to pay the Chairperson for time spent in the actual hearing of an arbitration up to a maximum of eight (8) hours per day at the current rate of pay and four (4} hours straight time pay for preparation time.

5.16 The Company agrees to grant the chairperson one day off with pay, to attend the annual chairpersons meeting at Local 195. The request for time off will be sent to the Company from Local 195 and signed by an officer of the Local.

5.17 An officer of the Union may be present and participate in any meeting with management concerning the bargaining unit. The Union must give the Company advance notice of their intent to participate in such meetings.

5.18 The Company will provide the Union with an air conditioned office at each plant location equipped with a desk, phone and a locked filing cabinet and access to a fax & photocopier. This clause will not apply to the Harrow Plant.

5 .19 Any lost time incurred by a member of the committee or steward that is not covered by this collective agreement will be paid by the Company and a bill will be sent to Local 195 for reimbursement.

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ARTICLE 6- GRIEVANCE PROCEDURE

6.01 The parties hereto desire that every complaint shall be dealt with as it justly deserves as quickly as possible.

6.02 Step 1

Should a grievance arise, the employee shall along with his/her steward, or in the absence of a steward with a member of the Plant Committee, discuss it with the Supervisor within four (4) working days after the event giving rise to the grievance or within four ( 4) working days after the employee became aware or ought to have become aware of the event giving rise to the grievance.

The Supervisor shall reply within three (3) working days.

6.03 Step 2

If the reply of the Supervisor to the grievance is not satisfactory to the employee, then he/she may reduce the grievance to writing, sign it with the steward, or in the absence of the steward with a member of the Plant Committee, and present it to the Supervisor or his/her designate within three (3) working days from the date that he/she received the reply of the Supervisor.

The Supervisor, or his/her designate, will render a decision in writing within three (3) working days after the day on which the grievance was presented.

6.04 Step3

If the reply of the Supervisor or his/her designate is not satisfactory to the Union, the grievance may be presented by the Chairperson to the Plant Manager within four ( 4) working days from the date of the reply of the Supervisor or his/her designate. The Committee and the Plant Manager, or his designate, shall meet within five (5) working days after the grievance has been so presented or at such time as may be mutually agreed. Upon request by either party, an officer of the Union may be in attendance. Within four (4) working days after the Step 3 meeting, the Plant Manager, or his designate, will render a decision in writing and submit it to the Plant Committee. Prior to this meeting the Union Committee will be allowed up to one (1) hour to meet together, without loss of pay or benefits.

6.05 Step4

If the Step 3 decision is unsatisfactory to the Union, the Chairperson will notify the Company, in writing, within ten (10) working days of management's decision of its intent to refer the grievance to arbitration.

6.06 Discharge or Suspension Grievances

A claim by an employee that he/she has been discharged or suspended without just cause may be treated as a grievance, which shall commence at the 3rd step of the grievance procedure as provided in this Agreement.

6.07 Whenever possible if two (2) or more employees simultaneously have the same alleged grievance under the same circumstances, it will be presented as single group grievance with the name of each griever shown. The group grievance is to be initiated at Step 1.

If, in the course of the grievance procedure dealing with a particular issue, subsequent individual or group grievances are filed that complain about· the same matter, it is agreed that such subsequent grievances will whenever possible be consolidated with the original grievance and dealt with as one ( 1) group grievance at the request of either the Company or the Union.

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6.08

• The Plant Chairperson may file a policy grievance with management. A policy grievance is defmed and limited to one which alleges misinterpretation or violation of the provisions of this Agreement and which could not otherwise be resolved at a lower step of the grievance procedure because of the nature and scope of the subject matter of the grievance.

A policy grievance will be referred to Step 3 of the grievance procedure. If a determination is made that a grievance filed as a policy grievance should have been filed as an individual or group grievance pursuant to the terms of this Collective Agreement, the parties agree that such improper filing will not be grounds for dismissal of the grievance. Rather, should such a determination be made, the parties agree that the grievance will be deemed to have been filed as an individual or group grievance, as applicable.

6.09 The time limits set forth in the grievance and arbitration provisions herein may be extended on the mutual agreement of the Union and the Company.

However, if the Company or Union fail to meet the time limits set out in this article, the grievance shall be deemed ruled in favour of the other party. Such deemed ruling shall be non-precedent setting.

6.10 The term "working days" when used in this Agreement for grievance procedure shall exclude Saturdays, Sundays, holidays as defmed herein and plant shutdown periods.

ARTICLE 7- ARBITRATION

7.01 Any grievance not satisfactorily settled through the grievance procedure may be appealed to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) working days after the receipt of the Company's last decision at Step 3.

7.02

Within five (5) working days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that the parties cannot agree to an arbitrator, either party may, within ten ( 1 0) working days after the lists have been exchanged, request the Minister of Labour to appoint an arbitrator and shall provide the other party with a copy of such request.

(a) The arbitrator shall not have jurisdiction to alter or change any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement.

The arbitrator, however, in respect of a grievance involving a penalty relating to a seniority employee shall be entitled to modify such penalty as in the opinion of the Arbitrator is just and reasonable.

(b) Where the Company has set a wage rate for a new or reclassified job classification that the Union is not satisfied with, the matter may be referred to an arbitrator. The arbitrator will have the authority to set a new wage rate for the classification and award redress. In setting a new wage rate, the arbitrator shall be limited to making comparisons to other classifications, wage rates and job responsibilities covered by this Agreement. However, if the rate at issue is a rate for a skilled trade, the arbitrator shall have the authority to make comparisons to employees in other plants working in the same skilled trade.

7.03 The arbitrator's decision shall be binding on the parties. The cost of the arbitrator shall be shared equally by both parties.

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7.04

• Commissioner System

(a) Commissioner System: As an alternative to the regular arbitration procedure provided for herein, the parties may agree, in writing, to refer a grievance for final and binding arbitration to a Grievance Commissioner, selected by mutual agreement of the parties. The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator appointed pursuant to the regular arbitration procedures provided for herein. Mr. Michael Watters shall be designated by the Company and the Union as the Commissioner to hear and determine these cases. ·

(b) Through the Grievance Commissioner, the parties desire an expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner. The rules governing the summary proceedings of the Grievance Commissioner are set out as follows:

i) The decision of the Grievance Commissioner shall be confmed to the grievance referred to him or her. Such decision must be consistent with the provisions of this Agreement, and the Grievance Commissioner shall have no power to alter, modify or amend any part of this Agreement;

ii) The decision of the Grievance Commissioner shall only apply to the case before him or her and shall not constitute a precedent or be used by either party as a precedent in any future cases. However, with respect to the case in question, the Grievance Commissioner's decision shall be fmal and binding upon the Company, the Union and the employees represented by the Union;

iii) The Union and the Company shall each be responsible for one half of any fees or expenses charged by the Grievance Commissioner;

iv) The parties shall meet at least thirty days prior to the scheduled hearing date set by the Grievance Commissioner in order to determine what facts can be agreed upon. All such facts will be put together in a Joint Agreed Statement of Fact by the parties. In addition, a joint Statement of Evidence will be prepared by the parties which will outline all facts and assertions that cannot be agreed upon that each party considers relevant and intends to call evidence in respect of at the hearing of the case. Both the Agreed Statement of Fact and the Statement of Evidence will be signed by both the Company and the Union and will be provided to the Grievance Commissioner at least ten (10) days before the commencement of the grievance hearing;

v) The purpose of the hearing is to clarify the issues or facts in dispute. At the hearing, the parties may make such further representations or adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.

vi) The Grievance Commissioner shall be required to render his decision, in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing.

(c) It is understood and agreed that no grievance will be referred to a Grievance commissioner without the mutual agreement, in writing, of the Company and the Union. In the absence of such mutual agreement, all grievances will be referred for fmal and binding determination pursuant to the regular arbitration procedure set out in this Agreement.

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(d) It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner or at any time thereafter.

(e) If the designated Grievance Commissioner is not available as requested by the parties within thirty (30) calendar days, the parties agree to mutually appoint an alternate Grievance Commissioner within ten (I 0) days.

ARTICLE 8- DISCIPLINE

8.01 A Committee Person or Steward shall be present at all meetings between the Company and one (1) or more employees where the purpose of such meeting may be disciplinary. When an employee has been suspended or dismissed on the Company premises, the employee shall be advised that he/she may meet with a Committee person or Steward in private for a reasonable period of time, not exceeding thirty (30) minutes, before leaving the plant premises.

8.02 When the Company intends or contemplates suspending an employee for more than three (3) working days or discharging an employee they will provide the Union and the employee with written official notification explaining the specific charge(s) and reasons for taking the action. An employee shall suffer no loss of employment until having received the official notification.

8.03 A copy of all written disciplinary actions must be given to the employee concerned and to the Committee person.

ARTICLE 9- DISCIPLINARY RECORD

9.01 A record of discipline shall remain on an employee's record for a period of fourteen (14) months from the date of the offence. At the end of such time, the disciplinary infraction will be removed from the file and will not be used against the employee in any manner.

9.02 When discipline (written warning, suspension and discharge) is to be imposed by the Company, said discipline shall be imposed within three (3) working days of the infraction or the date the infraction came to the attention of the Company.

ARTICLE 10- NO DISCRIMINATION/HARASSMENT

10.01 The Company and the Union agree that there shall be no discrimination, interference, restriction or coercion exercised or practised with respect to any employee by reason of age, marital status, sex, race, creed, colour, national origin, political or religious affiliation, handicap, sexual orientation or record of offences all as defmed in the Human Rights Code nor by reason of Union membership or position in the Union.

I 0.02 The Union and the Company recognize that sexual or racial harassment is a cruel and destructive behaviour against others that can have devastating effects.

(a) Sexual harassment is any unwanted attention of a sexual nature such as remarks about appearance or personal life, offensive written or visual actions like graffiti or degrading pictures, physical contact of any kind, or sexual demands.

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(b) Racial harassment is any action, whether verbal or physical that expresses or promotes racial hatred in the workplace such as racial slurs, written or visually offensive actions, jokes or other unwanted comments or acts.

10.03 Complaints of alleged harassment or discrimination as outlined in this Article by members of the bargaining unit will be handled with all possible confidentiality by a joint committee consisting of the Chairperson and his/her designee and the Human Resource Manager and his/her designee.

10.04 This article is not intended to restrict any employee's rights under the Ontario Human Rights Code.

ARTICLE 11 - GENDER

11.01 Whenever in this agreement, the masculine gender is used, it will also include the feminine.

ARTICLE 12- SENIORITY

12.01 (a) The parties recognize that job opportunity and seniority will increase in proportion to length of service. It is agreed that the term "seniority" as used herein shall have reference to an employee's right to a job based on his/her length of service with the Company subject to the other provisions of this agreement.

(b) All promotions, demotions, filling of vacancies, layoffs, and recalls after layoff shall be strictly in accordance with the principle set forth in this Agreement.

(c) The seniority of an employee covered by this Agreement shall be established provided the employee completes a probationary period of ninety (90) calendar days as an active employee of the Company within any twelve (12) month period and shall count from date of hire. For the purposes of this Article, "active employee" means at work and not absent for any reason other than weekend days off.

(d) The layoff, discipline or discharge of an employee during the employee's probationary period shall be at the sole and absolute discretion of the Employer except such layoff, discipline or discharge shall not be discriminatory or in bad faith. An arbitrator shall not have jurisdiction to hear and determine such a grievance, except in cases where the layoff, discipline or discharge is alleged to be discriminatory or in bad faith. Upon request, the Employer will provide the union with a copy of the probationary employee's letter of termination.

12.02 A seniority employee shall continue to accrue seniority except as otherwise provided in this agreement.

12.03 Seniority will be lost and employment will be terminated if an employee:

(a) quits, resigns or retires.

(b) fails to report for work or fails to notify the Company for three (3) consecutive working days without supplying a reason satisfactory for such failure.

(c) in the case of an employee with less than one year seniority at the time of lay off is laid­off and not recalled for a period of twelve (12) months, or in the case of an employee with one ( 1) year or more of seniority at the time of lay off, is laid off for a period of forty-eight ( 48) months.

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(d) if the employee fails to report for work in accordance with a notice of recall, or within seven (7) working days of registered mailing date of such notice, whichever is later, unless a satisfactory reason is given; (copy of registered letter to be supplied to Union on the day of mailing).

(e) is discharged and not reinstated pursuant to the provisions of the grievance and/or arbitration procedures contained herein.

(f) overstays a leave of absence granted by the company without notifying the Company and without supplying a reason satisfactory for such failure.

(g) if the employee falsifies the reason for a leave of absence, or works at other employment during the leave of absence (unless the leave of absence is granted for purposes of allowing the employee to work at other employment).

12.04 If two or more employees are hired on the same day, and they subsequently acquire seniority as herein provided, their names shall appear on the seniority list in order of employee birthday.

12.05 The Company will maintain and post an updated plant-wide seniority list. Such lists shall show employees' job classifications. Copies of such lists shall be provided to the Union in each plant.

The Company will supply the Plant committee with the following information monthly with the check off of dues and send a copy to the Local Union office(s):

a) employees who acquire seniority; b) employees by wage rate and classification; c) employees transferred into or out of the bargaining unit; d) employees on leave of absence; e) employees on Workers' Compensation; f) employees on layoff and recall; g) employees who have lost seniority that month; h) employees who are discharged that month; i) job postings - names of applicants and successful candidates; j) updated rules and regulations; k) copies of all benefit booklets and insurance policies; l) reasonable notice of discontinued or new jobs; and m) notice of employees on bereavement leave.

12.06 The Company will provide on a quarterly basis, names, addresses, birth dates and phone numbers on file of all employees in the bargaining unit.

ARTICLE 13 -JOB POSTING

13.01 In the event that new jobs are created or vacancies occur within the bargaining unit (all plants), the Employer shall post a notice of such new job or vacancy for a period of three (3) working days before new employees are hired, in order to allow employees with seniority to apply.

13.02 (a) In determining the successful applicant, the Company shall fill such new job or vacancy based on the following factors:

i) seniority;

ii) ability, and qualifications where applicable, to perform the work available.

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Where the qualifications in factor (ii) are relatively equal, seniority shall govern. If no one applies to fill a vacancy, or if there is no applicant with the required ability, and qualifications, where applicable, to perform the work required, the Employer can fill the vacancy or new job created in any manner it sees fit.

The successful applicant for a job posting will be given a five (5) day training period. If, during this five (5) working day training period, the Company determines that the employee is not capable of performing the work adequately, or if the employee decides he does not want the job, he will be returned to his/her previous classification in their respective· plant without loss of seniority. If at the completion of the 5th day working period, the employee is found to be performing the job satisfactorily he will have his wages adjusted to the rate of pay for the job as of the 151 day of the training period.

13.03 The Company and the Union recognize the potential problem of the employees who have been incapacitated as a result of injury or disease and undertake to make their best efforts to provide work for such employees as may be available, subject to the seniority provisions of the Agreement, and subject to the employee's seniority being applicable to a layoff.

13.04 Copies of all job postings and job applicants with the successful bidder will be given to the plant chairperson.

13.05 Successful applicants will be notified within five working days of the job posting being awarded by the company.

13.06 Probationary employees do not have the right to bid on job postings.

13.07 In the event no seniority employee applies for a job posting, the company can fill the immediate vacancy by offering it to a probationary employee in accordance with hiring dates. In the event there are no probationary employees to fill the vacancy then the Company can hire from outside. However, should the vacancy not be filled within the first 30 calendar days of the posting, it will be a new job vacancy, posted in accordance with the job posting procedure.

13.08 An applicant who is disqualified from a job posting will be given notice in writing staring the reason for the disqualification.

13.09 Employees will only be permitted to bid for positions outside their classification. Employees will not be subjected to this provision if an employee bids on a job posting at another plant within their classification.

13.1 0 Any successful applicant for a position shall be precluded from bidding on another vacancy at the same or lower pay for a period of six ( 6) months.

13.11 Temporary vacancies will be defmed as jobs filled in the following manner:

a) Jobs of thirty (30) working days or less may be filled at the Company's discretion.

b) Jobs of more than thirty (30) working days will be filled through the posting procedure. If the Company receives notification. that the vacancy will exceed thirty (30) working days it will be posted immediately.

13.12 Any employee who fills a temporary vacancy will be returned to their previous classification when the vacancy ends.

13.13 Employees who are absent from work at the time of a full·time job posting shall be eligible to apply for that posting if they return to work within twenty (20) working days of the job posting.

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ARTICLE 14- LAYOFF AND RECALL

14.01 In the event ofa reduction in the workforce, the Company will provide the union with twenty-four (24) hours advance notice, where possible.

14.02 For any reduction in the number of employees company wide, the following procedure will apply:

(a) All probationary employees within the plant will be laid off flrst, provided the remaining employees have the ability to perform the work of the employee to be laid off.

(b) Thereafter, employees will be laid off in inverse order of seniority, provided the remaining employee has the ability to perform the work of the employee to be laid off.

14.03 An employee who is transferred from one classillcation to another due to a reduction in force, will be returned to their previous classification as required by the work load if such requirement occurs within twelve (12) months. After twelve (12) months, vacancy will be posted.

14.04 Any employee who exercises their seniority to bump into another classiflcation or is transferred to another classification due to a reduction in force will be afforded a flve (5) day familiarization period.

14.05 Recall will be by reverse order of layoff of seniority employees, provided the employee has the ability to perform the required work.

14.06 If any employee is transferred or promoted to a position not subject to the provisions of this agreement such employee shall cease to accumulate seniority from the date such employee is transferred out of the bargaining unit. In the event that such employee is subsequently transferred back to a position within a period of three (3) months, subject to the provisions of this agreement he shall be credited with the seniority which he held on the date of the transfer out of the bargaining unit. Such employee transferred back into the bargaining unit shall displace the junior most person in the bargaining unit.

14.07 Temporary Transfers:

The Company has the exclusive right to temporarily transfer employees. When employees are being temporarily transferred, the following procedures will be followed:

1. High seniority employees from the Mfg Labour/Weld and Assembly Classifications will be given the flrst option to be transferred, followed by remaining high seniority employees, provided the employee is able to do the work available.

2. Any employee who is temporarily transferred will be compensated as follows:

(a) If the rate of pay for the job to which the employee is transferred is less than the employee's regular rate of pay, the employee shall receive his regular rate of pay.

(b) If the rate of pay for the job to which he/she is transferred is higher than the employee's regular pay, he shall receive the higher rate of pay for the job to which the employee is temporarily transferred providing the employee works a minimum of seven (7) hours.

Employees who are transferred from the Harrow location to the Windsor location, or vice versa, in accordance with this Article (14.07), will be compensated for travel expenses at the rate of .25 cents per kilometre.

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ARTICLE 15 ·LEAVE OF ABSENCE

15.01 The Company will grant a personal leave of absence without pay to any seniority employee for legitimate personal reasons. An employee shall continue to accumulate seniority while on leave of absence. A leave of absence shall not exceed thirty (30) working days in a twelve (12) month period.

15.02 A seniority employee requesting a leave of absence shall do so in writing at least two (2) weeks prior to the commencement of the requested leave stating the purpose for the request and the expected duration of the leave, except in cases of emergency. The Company will provide a seniority employee with a response within five (5) days of receipt of the request. The Company will provide the Union with a copy of a leave of absence authorization form.

15.03 Seniority employees getting married shall be granted two (2) weeks leave of absence provided written notice is given two (2) months in advance.

ARTICLE 16- BEREAVEMENT

16.01 (a)

(b)

(c)

(d)

(e)

(f)

The Company will pay for time lost, exclusive of Saturday, Sunday and paid holidays, of three (3) consecutive working days' pay, up to a maximum of twenty-four (24) hours, at his/her straight time, hourly rate, to a seniority employee who has been absent from work due to a death in the immediate family. For the purposes of this Article "immediate family" is defmed as mother, father, brother, sister, spouse, child, grandchild, mother-in­law, father-in-law, grandparent, stepchild, son-in-law, or daughter-in-law.

The Company will pay for time lost, exclusive of Saturday, Sunday and paid holidays, of one (I) working days' pay, up to a maximum of eight (8) hours, at his/her straight time, hourly rate, for the day of the funeral, to a seniority employee who has been absent from work due to the death of the employee's great grand parent, sister-in-law, brother-in-law, stepparent or stepparent of a current spouse, stepsister, stepbrother or grandparent of a current spouse.

For the purposes of this Article only, the Company will recognize a common-law relationship provided the employee has supplied the Company with a written record of the common-in-law relationship. Common-law relationship will include any relatives as though they were legally married. Once common-law relationship is established, all previous in-law relationship will not be excused for bereavement.

If a death occurs during an employee's approved vacation they will have the option of taking the extra days off with pay or to return to work and still receive extra days pay.

Should an employee request a leave of absence from the Employer for additional time off in the event of a death in immediate family, the Employer agrees that such leave shall be granted without pay in accordance with Article 15.

In the event of death in an employee's family not covered above, the employee will be granted one (I) day off without pay ·in order to attend the funeral.

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ARTICLE 17- INCARCERATION LEAVE

17.01 (a) The Company will grant a leave of absence to any seniority employee who is convicted under the provisions of the Highway Traffic Act (Ontario) relating to offenses arising out of the operation of a motor vehicle (the same to include driving a motor vehicle while intoxicated) if the employee is sentenced to a term of imprisonment of not more than one hundred and twenty (120) days. Such leave of absence shall be unpaid. An employee may only receive a leave of absence pursuant to this Article once during their employment with the Company.

(b) The Company will grant a leave of absence to any seniority employee who is convicted of a summary conviction criminal offense if the employee is sentenced to a term of imprisonment of not more than forty-five (45) days. This clause does not apply to an offence arising out of the operation of a motor vehicle or an offence involving the Company or its employees. An employee may only receive a leave of absence pursuant to this Article once during their employment with the Company.

ARTICLE 18- PAID EDUCATION LEAVE

18.01 The Company agrees to pay into a special fund one (1¢) cents per employee for all compensated hours for the purpose of providing paid education leave. Such paid education leave will be for the purpose of upgrading the employee's skills in all aspects of Trade Union functions. Such monies to be paid on a quarterly basis into a trust fund established by the National Union, C.A.W. and sent by the company to the National Office at 205 Placer Court, Willowdale, Ontario M2H 3H9.

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses, will be granted a leave of absence without pay for twenty one (21) days of class time, plus travel time where necessary, said leave of absence to be intermittent over a twelve (12) month period from the first day of leave. Employees on such leave of absence will continue to accrue seniority and benefits during such leave.

ARTICLE 19- UNION LEAVE OF ABSENCE

19.01 Upon written request of the Employer by the Union, the Employer will grant a leave of absence without pay and without loss of seniority to an employee acting as a representative of the Union in connection with other Union activities. Such request shall be given to the Employer within a reasonable time period to the commencement of said leave. Any member of the bargaining unit that is granted a union leave of absence without payment from the Company will be credited with the lost hours for pension and vacation purposes as though they were at work.

19.02 The Company will grant a leave of absence to any employee to serve in a full time position with the National or Local Union. Such leave of absence shall be requested by the Union, in writing, and shall be for a period of up to three (3) years, and may be extended upon request from year to year thereafter. In the event the return from such leave, the employee shall return to the job from which he/she was granted leave. Seniority and pension credits shall accumulate during such leave.

ARTICLE 20- PREGNANCY/PARENTAL/ADOPTION LEAVES

20.01 An employee will be granted an unpaid pregnancy/parental/adoption leave for up to one (1) year. Seniority, benefits and pension credits will continue to accumulate during such leave.

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,• .e ARTICLE 21 -PUBLIC OFFICE LEAVE OF ABSENCE

21.01 An employee with seniority, elected or appointed to a full time federal, provincial or local public office, will receive a leave of absence without pay or benefits for the period of his/her first term of active service in such public office. Additional leaves of absence for service in such office may be granted at the option of management upon written application by the employee.

21.02 Any employee granted such leave of absence shall be entitled to reinstatement on the completion of the leave at the then current rate of pay, to such work as he may be entitled on the basis of the seniority provisions of this Agreement. Seniority and pension credits will continue to accumulate during the period of such leave of absence.

21.03 The employee's request for leave of absence may also include the necessary time to campaign for such office. (Such time is not to exceed six months}.

ARTICLE 22- JURY DUTY AND SUBPOENAED WITNESS

22.01 Where an employee with seniority is called to and reports for jury duty, or is called to testify as a subpoenaed witness, he shall be paid the difference between the pay he receives for such duty or testimony and the pay he would have received for an eight (8} hour day at his regular hourly rate for such time the employee would have been scheduled to work. Seniority and pension credits will continue to accumulate.

ARTICLE 23 -CONTRACTING OUT

23.01 The Company reserves the right to contract out bargaining unit work to such an extent that no employee who normally performs bargaining unit work be laid off as a result of such work being performed by an outside contractor. The Company will not contract out bargaining unit work provided the existing employees are qualified and able to perform the work efficiently.

ARTICLE 24- SIDFT PREMIUM

24.01 Employees shall be paid an afternoon shift premium of Fifty (50} cents per hour. Employees shall be paid a midnight shift premium of fifty-five (55} cents per hour.

Shift premiums will not be a factor in calculating overtime rates but will be added as outlined above to the overtime rate of pay.

Shift premium will not be included in calculating vacation pay or pay for holidays not worked.

ARTICLE25-PAYDAY

25.01 Employees shall be paid weekly by cheque. All cheques and stubs be given to employees prior to the end of their respective work shift.

The day and afternoon shift will receive pay cheques after 2:00p.m. on Thursday. Employees on the midnight shift will receive their cheques after 10:00 p.m. on Thursday evening.

Payroll cheques will include total earnings, deductions, and vacation pay, weekly and year-to-date. (Jan. 1 to Dec. 31}

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• Should pay day or the day after pay day be a holiday, pay will be issued on the Wednesday for all shifts.

If the employee's pay is incorrect due to Company error, the Company will issue a cheque for an error in an amount in excess of Twenty-five ($25.00) Dollars no later than the end of the following working day. An error not in excess of twenty-five ($25.00) Dollars will be adjusted on the following pay period.

ARTICLE26-0VER~

26.01 All hours worked in excess of eight (8) hours in a day and forty (40) hours per week (Monday to Friday) will be paid at time and one-half( 1.5 times) the employee's regular rate of pay.

All hours worked on a Saturday will be paid at time and one half (1 ~ ) provided the employee works forty (40) hours per week Monday to Friday.

All hours worked on Sunday shall be paid at double-time (2x) an employee's regular rate of pay.

All hours worked on the holidays recognized in this Agreement shall be at time and one-half ( l ~)the employee's regular rate of pay for the holiday in addition to the 8 hours pay for the holiday. Effective the third (3~ year of the contract, all hours worked on the holidays recognized in this Agreement shall be at double time (2X) the employee's regular rate of pay for the holiday in addition to the 8 hours pay for the holiday.

Overtime report will be published weekly and a copy given to the plant chairperson.

The Company shall distribute daily overtime equally among the employees normally performing the work in the plant by classification and shift. The Company shall distribute weekend overtime equally among the employees normally performing the work in the plant by classification. Employees who refuse overtime hours will be charged the overtime hours. An overtime record shall be maintained by the Company for each employee.

Where possible the Company shall give forty-eight ( 48) hours posted advance notice to the employees of scheduled overtime work, wherever possible.

If an employee has finished his/her shift, left work and is contacted later for overtime work, he/she will not be charged. Overtime shall be credited on the basis of the number of hours at straight time, that is, when eight (8) hours overtime is worked or available at time and one half, the employee shall be credited with eight (8) hours overtime.

Overtime shall be distributed by low hours in all classifications to provide a measure of balance where a thirty (30) hour maximum differential will be allowed. Should the Company fail to equalize overtime in accordance with this Article, they shall pay the employee(s) the amount equal to the amount in excess of thirty (30) hours. This equalization shall not apply to the Manufacturing Labour- Welding Classification.

The Company shall endeavour to distribute overtime by low hours among the Manufacturing Labour· Welding Classification to provide a measure of balance and maintain a thirty (30) hour maximum differential. Furthermore, the Company will endeavour, wherever possible, to use seniority employees frrst over probationary employees at its discretion. The Company reserves the right to exceed the thirty (30) hour maximum differential among the Manufacturing Labour -Welding Classification when required to maintain the efficiency of the operation, without penalty or payment. Should the Company fail to equalize overtime among the Manufacturing Labour -Welding Classification once annually as at December 31, the Company shall pay the employee(s) in the Manufacturing Labour- Welding Classification the amount equal to the amount in excess of

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thirty (30) hours at year end.

If employees are absent for eligible overtime days they will be credited with the applicable hours. All overtime hours will be zeroed as of January 1st, of each year.

If overtime hours are equal then the employee with the highest seniority in the classification will be asked. An employee acquiring seniority or upon entering a classification shall be credited with the average overtime standing in his job classification at that time. Probationary employees shall be credited with the highest hours in the classification on that shift. All overtime shall be voluntary.

ARTICLE 27 ·CALL BACK

27.01 Any employee who has completed his/her shift and has clocked out and left the plant and is then asked to work overtime shall be paid at the appropriate rate for the time worked with a minimum of four (4) hours pay at the employees' straight time hourly rate for such additional work in their classification.

ARTICLE 28- REPORTING PAY

28.01 Where an employee is scheduled for work and reports for work on his/her regularly scheduled shift without being notified in advance thereof that he/she would not be needed he/she will be given at least four (4) hours work at their own classification rate, including shift premium, if applicable. This work may be any work the employee is capable of performing. If no such work is available, the employee will be paid for four ( 4) hours, or actual hours worked, whichever is greater, at the employee's regular rate of pay. This provision shall not apply where the lack of work is due to a labour dispute, government requirements, fue, flood, power failure, or other matters beyond the Company's reasonable control.

28.02 In the event an employee volunteers to go home under the above circumstances he/she will not receive the additional pay.

ARTICLE 29- EMPLOYEE CAL~IN PROCEDURE

29.01 All employees are required to report their absences to the Personnel Department by leaving a message on the answering machine, or if possible, speaking directly with the Personnel Coordinator.

ARTICLE30-~STUDY

30.01 Disputes regarding standards shall be subject to the Grievance Procedure. In case of a grievance, the National Union will be allowed access to the plant to conduct its own time study in regard to the dispute. Time Study will be made on the basis that an experienced seniority bargaining unit operator can make standard, if he/she performs at a normal pace and will allow for the fatigue factor. Such studies will be done on the day shift and by qualified time study people.

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ARTICLE 31- HOLIDAYS

31.01 The Company agrees to pay eight (8) hours pay at an employee's regular straight time hourly rate for all seniority employees for the following holidays:

Paid Holidays 2001

New Years' Day ............................................................................... Monday, January 1, 200 l Good Friday ...................................................................................... ;Friday, April 13, 2001 Victoria Day ...................................................................................... Monday, May 21, 2001 Canada Day .......................................................................................... Sunday, July 1, 2001 Civic Holiday ................................................................................... Monday, August 6, 2001 Labour Day ................................................................................. Monday, September 3, 2001 Thanksgiving Day ............................................................................ Monday, October 8, 2001 Christmas Eve ....................................................... Monday, December 24, 2001 Christmas Day ...................................................... Tuesday, December 25,2001 Boxing Day ....................................................... Wednesday, December 28, 2001 New Year's Eve ........................................................ Monday, January 31,2001

Paid Holidays 2002

New Years' Day .............................................................................. Tuesday, January 1, 2002 Good Friday ...................................................................................... Friday, March 29,2002 Victoria Day ...................................................................................... Monday, May 20, 2002 Canada Day ......................................................................................... Monday, July l, 2002 Civic Holiday .................................................................................. Monday, August 5, 2002 Labour Day ................................................................................. Monday, September 2, 2002 Thanksgiving Day .......................................................................... Monday, October 14,2002 Christmas Eve ..................................................... Tuesday, December 24, 2002 Christmas Day ................................................... Wednesday, December 25,2002 Boxing Day ...................................................... Thursday, December 26,2002 New Year's Eve. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... ... . Tuesday, December 31, 2002

Paid Holidays 2003

New Years' Day ..................................................... Wednesday, January 1, 2003 Good Friday ............................................................. Friday, Aprill8, 2003 Victoria Day ............................................................ Monday, May 19, 2003 Canada Day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tuesday, July 1, 2003 Civic Holiday .......................................................... Monday, August 4, 2003 Labour Day....................................................... Monday, September 1, 2003 Thanksgiving Day .................................................... Monday, October 12,2003 Christmas Eve ................................................... Wednesday, December 24,2003 Christmas Day ..................................................... Thursday, December 25,2003 Boxing Day ............................................................ Friday, December 26,2003 New Year's Eve .................................................. Wednesday, December 31,2003 New Year's Day ........................................................ Thursday, January 1, 2003

31.02 If an employee is required to work on any of the paid statutory holidays set forth in Article 31, he/she shall be paid at the rate of one and one-half ( 1 Y2 ) times his/her regular straight time hourly rate for all hours worked in addition to the holiday pay in accordance with Article 31. Employees will be given the option of being paid the holiday pay or being given a day off in lieu of the holiday pay, which day will be chosen by the employee. Effective on the third (3rd) year of the agreement, if an employee is required to work on any of the paid statutory holidays set forth in

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Article 31 he/she shall be paid at the rate of double (2X) times his/her regular straight time hourly rate for all hours worked in addition to the holiday pay in accordance with Article 31.

31.03 Should any holidays mentioned under Article 31 fall during the vacation period of any employee, he/she shall be paid for such holiday at the regular rate in addition to his/her vacation pay.

31.04 The provisions outlined in Article 31 shall only apply to employees who:

(a) Have completed their probationary period; and

(b) Have worked the full shift on the last regularly scheduled work day immediately preceding and the full shift on the ftrst regularly scheduled work day immediately following the holiday. If an employee reports late for their shift up to a maximum of one­half (Y2) hour and works for the remainder of the shift, he/she will not be subject to the provisions of this clause. An employee absent on leave or due to a layoff or sick leave provided that such leave, layoff or sick leave must have commenced within fifteen ( 15) working days.

31.05 Any seniority employee who is absent the last scheduled workday prior to or the ftrst scheduled workday after the holiday will receive the holiday pay if they provide a valid or satisfactory reason for such absence to the Company in writing immediately upon their return to work.

31.06 For the paid holidays during the Christmas period, an employee who is otherwise eligible for holiday pay who misses either one of the qualifying days will lose only one day's pay. If such employee misses both qualifying days, he/she will lose only two (2) days pay.

ARTICLE 32- VACATION WITH PAY

32.01 Employees will receive a vacation with pay calculated as of July 151 of each year in accordance with the following schedule:

(a) Employees with less than one ( 1) year of continuous service as of July 1"1 will receive the sum of 4% of their gross earnings for the twelve month period immediately preceding July 151

•

(b) Employees who have completed one (I) year or more of continuous service but less than five (5) years of continuous service with the Company shall receive two (2) weeks' vacation per year with pay equal to four (4%) percent of the gross amount of the employee's total wages for the twelve month period immediately preceding July 151 of each year or eighty (80) hours' pay, whichever is greater; provided that if the employee has less than 1200 compensated hours worked during the twelve month period immediately preceding July 1st in each year, he/she shall be entitled only to the percentage of their gross earnings.

(c) Employees who have completed five (5) years or more of continuous service but less than ten (10) years of continuous service with the Company shall receive three (3) weeks' vacation per year with pay equal to six ( 6%) percent of the gross amount of the employee's total wages for the twelve month period immediately preceding July 151 of each year or one hundred and twenty (120) hours' pay, whichever is greater, provided that if the employee has less than 1200 compensated hours worked during the twelve month period immediately preceding July 1st in each year, he/she shall be entitled only to the percentage of their gross earnings.

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(d) Employees who have completed ten (10) years or more of continuous service with the Company shall receive four (4) weeks' vacation per year with pay equal to eight (8%) percent of the gross amount of the employee's total wages for the twelve month period immediately preceding July 151 of each year or one hundred and sixty (160) hours' pay, whichever is greater; provided that if the employee has less than 1200 compensated hours worked during the twelve month period immediately preceding July 151 in each year, he/she shall be entitled only to the percentage of their gross earnings.

(e) Employees who have completed twenty (20) years or more of continuous service with the Company shall receive five (5) weeks' vacation per year with pay equal to ten (10%) percent of the gross amount of the employee's total wages for the twelve month period immediately preceding July 1st of each year or two hundred (200) hours' pay, whichever is greater; provided that if the employee has less than 1200 compensated hours worked during the twelve month period immediately preceding July 151 in each year, he/she shall be entitled only to the percentage of their gross earnings.

32.02 If one of the paid holidays specified in this agreement is observed by the company on a normal working day (Monday through Friday) during an employee's vacation, he/she shall be entitled to an extra day of paid vacation, which shall be added to the beginning or end of his/her vacation period, at the discretion of the employee.

In the event of normally scheduled summer vacation this day will be assigned at the beginning or end of the vacation period.

32.03 An employee who has earned any vacation under the terms of this Article, and is terminated or quits from active employment shall receive only earned vacation pay to the date of termination of employment.

32.04 Employees will submit vacation requests by March 1st each year. If submitted by March 1st, vacation request will be granted based on seniority within each classification. The Company will reasonably and without prejudice consider all requests and they will be granted if the vacation request does not impair the Company's ability to operate any departments within the plants in an efficient manner. The Company will post the approved vacation schedule by May 1st of each year. Any vacation requests after March 1st, will be on a frrst come frrst serve basis.

32.05 Vacation pay balance will be paid by separate cheque during the second week of July or upon written request by the employee with two (2) weeks' written notice prior to the vacation time taken, which request can be made on a one time basis only for the current vacation year. If an employee requests the vacation pay, the employee will be paid the equivalent of their accumulated vacation entitlement to the date of the request. The employees will be paid their vacation pay on a separate cheque. Vacation pay will be taxed in accordance with the Income Tax Act and in such reasonable manner that approximates the minimum tax withholding requirements based on the employee's estimated annual income as at the time of payment.

32.06 Vacation time off must be taken during the current vacation year and cannot accumulate or be taken in any subsequent years.

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ARTICLE 33 - SUBSTANCE ABUSE

33.01 Substance abuse is recognized to be a serious medical and social problem that can affect employees. The Company and the Union have a strong interest in encouraging early treatment and assisting employees towards full rehabilitation.

The Company will provide a comprehensive approach towards dealing with substance abuse and its related problems. Company assistance will include referral of such employees to appropriate counselling services or treatment and rehabilitation facilities.

The Company will provide an unpaid leave of absence and all normal group insurance benefits for up to ninety (90) calendar days to such seniority employees while under a medically prescribed course of treatment.

ARTICLE 34- HEALTH AND SAFETY

34.01 The Company will make adequate provision for the safety and health of all employees during the hours of employment and the Company will make every effort to comply in a timely manner with all applicable legislation pertaining to occupation health and safety.

34.02 The Company and the Union jointly agree to promote measures to assure the health and safety of all employees .

. 34.03 The parties agree to set up Health and Safety Committees which committee will be trained at the expense of the Company to become Certified Health and Safety Representatives as per Ontario legislation.

34.04 The Joint Health and Safety Committee will consist of three (3) members representing workers selected by the Union and three (3) members representing management selected by the Company.

The Health and Safety Committees will have co-chairpersons, one (1) co-chairperson elected or appointed by the members representing workers, and another elected or appointed by the members representing management. The co-chairperson representing workers will be granted reasonable necessary time to attend to his/her health and safety duties and responsibilities. The union co­chairpersons will be assigned to steady day shift.

During any absences of the Union co-chairperson, the Company will recognize the alternate Union co-chairperson, who will be selected by the Union. The alternate must be a member of the Joint Health and Safety Committee.

The Company will, within a reasonable time, arrange for the necessary training for the committee to become certified members.

34.05 In addition to the duties given to the Health and Safety Committee under applicable Occupational Health and Safety legislation, the committee will:

(a) Promote compliance with pertinent legislation.

(b) Meet at least once each month, or more regularly as mutually agreed, to review health and safety matters and make any necessary recommendations.

(c) The designated member of the Committee at each plant who represents workers and the designated member of the Committee who represents management shall tour the Plant to inspect the physical condition of the workplace once per month prior to the scheduled Health and Safety Committee meeting.

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(d) The co-chairpersons, or his/her designate, of the committee shall part1c1pate and cooperate in the investigation of any accident where a worker is killed or critically injured at work. In the case of any other accident involving personal injury resulting in lost time or any other major accident which does not result in lost time but indicates a high potential for such, or industrial disease claims, the Union co-chairperson shall be entitled to participate in any investigation and the Company will provide the union with a copy of the accident report.

(e) The co-chairpersons, or his/her designate, shall accompany M~stry of Labour or applicable government inspectors and Union Health and Safety professionals on plant inspection tours.

(f) Review and analyze all problems posed by noise, air contaminants, air flow, heat stress or ventilation and make any necessary recommendations.

(g) Be advised of breathing zone air sample results, results of tests regarding physical agents or chemicals to which employees are exposed and protective measures and applicable emergency procedures. In addition, whenever it is determined an employee has had a personal exposure exceeding the permissible levels, the Joint Health and Safety Committee shall be informed of such exposure and the corrective action to be taken.

(h) To make recommendations regarding ergonomics programs where required.

(i) Review Company policies on safe die operation and guarding, Company preventative maintenance programs and Company lockout/tagout programs, and make any necessary recommendations.

34.06 When measures or samples of the Occupational Environment are being taken, the Health and Safety Committee Union co-chairperson shall have the right to participate in and observe the measurements or samplings.

34.07 The Company will continue its present practice of supplying seniority employees with protective clothing and equipment as follows: five (5) sets of coveralls for which the Company is responsible for laundering, work gloves, welding hat and paint suits, as required. All welding leads will be replaced based on occupational use or at the Company's discretion. All welding leads provided by the Employer must remain on company property at the welding machine. The Employer agrees to provide a seniority employee with a Sixty ($60) Dollar safety shoes allowance annually. The allowance will be provided on an annual basis upon proof of receipt. Probationary employees must have their own coveralls.

Upon termination of employment, all protective clothing and equipment must be returned to the Company. If an employee fails to return any equipment and/or protective clothing, the Company has the right to adjust the fmal pay of the employee accordingly.

Upon termination of employment, if an employee does not return the welding lead, the Company is entitled to withhold the cost of replacing such equipment from the last pay cheque. Employees will be provided foam ear plug protection.

34.08 The Union Health and Safety staff shall be allowed access to the workplace, upon written request provided to the Company.

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34.09 Safety Measures for New or Relocated Equipment

Priority will be given by Management to install in a timely fashion safety measures required for new or relocated equipment. In addition, Management representatives will review with the co­chairperson of the Joint Health and Safety Committee, plans for major process, equipment and layout changes. During this review process, management representatives will give consideration to comments from the Co-chairperson of the Joint Health and Safety Committee when the health and safety of employees may be affected.

34.10 Minute ofMourning

Each year on April 28 at ll :00 a.m. employees will be allowed to cease work for one minute to remember those persons who have been injured or died in industrial accidents.

Each year on November ll th and November 29th at ll :00 employees will be allowed to cease work for one minute to remember those persons who. have served and died in our wars.

34.11 Safety Glasses

(a) With respect to regular safety glasses, the Company agrees to pay for the first pair, after which the employee is responsible. However, the company will replace safety glasses/or lenses that are damaged or scratched through occupational use at no charge. Management will approve lens replacement.

34.12 The Company recognizes that health and safety risks may be posed by heat stress.

When suspected heat stress conditions prevail, the Joint Health and Safety Committee will investigate and evaluate the matter and recommend to management a plan of action to eliminate any hazardous situations. Every reasonable effort shall be made to resolve the situation.

It is further agreed that an employee who fmds that excessive heat is causing illness will be given a pass on request to leave the premises. Such granted leaves will not be recorded on employee's attendance records.

34.13 The Health and Safety committee shall develop and recommend to the Company, guidelines for employee training and education.

34.14 The Company agrees to pay all costs for CPR and First Aid training courses including lost time for persons designated by the Health and Safety Committee in accordance with the Occupational Health and Safety Act requirements.

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ARTICLE 35 ·GROUP INSURANCE· HEAL THIWELFARE INSURANCE· LIFE A.D. AND D. & LONG TERM DISABILITY

35.01 The employer guarantees the following benefits to all seniority employees and their dependants. The cost of the benefits below, including any and all premiums, shall be paid one hundred percent (100%) by the employer. The employer will provide the benefits below through its current benefit carrier, Great West Life or any other benefit carrier offering equivalent coverage:

Health & Welfare

Prescription drug plan - 85% card - nil deductible, no fertility drugs

- 90% reimbursement, nil deductible -current ODA fee guide (including updating each year) - Nine (9) months re-call exams -annual maximum $1,200.00

Audio- 100% coverage- $500.00 every 5 years.

Eye Care

$150.00/24 months/Family Plan

Deluxe Travel-Global Medical

Long-term disability

An LTD plan will be instituted for employees, with a waiting period of 17 weeks with the following provisions:

i) 60% of earnings to a maximum of $1500 per month

ii) benefits under this plan shall run no longer than age 65

iii) disability for the purposes of the Plan shall be defmed as totally disabled from the employees own occupation for two (2) years; any occupation thereafter

The benefits in this Article are payable by the employer regardless of payments that may have been made to an employee under any statutory plans.

The benefits set out in this Article, and the eligibility for such benefits, shall not be changed or modified during the life of this Agreement except by negotiation and the mutual agreement of the union and the employer.

The term eligible dependants is to include all dependants to the age of 21 or 25 if still attending full time school (proof of schooling annually is to be provided) and to any age if physically or mentally handicapped;

When an employee starts receiving LTD benefits, health and welfare and dental benefit premiums and coverage will continue for a period of two (2) years after the commencement of LTD benefits.

If an employee is receiving Employment Insurance for sickness, the health and welfare and dental premiums will continue for three (3) months following the month of sickness.

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Life Insurance

Group life insurance increase to $25,000.00 for employees.

Dependants: spouse - $5,000.00 and each child $2,500.00 up to 21 years of age or 25 years if student

Accidental Death & Dismemberment Insurance (A.D.&D.)

Increase to $25,000.00 for employees.

The amount of this coverage will be that of the life insurance coverage listed above.

35.02 In the event of layoff, all insurance and benefit coverage and the payment of premiums shall be maintained until the end of the month following the month of the layoff.

35.03 Employees returning from layoff who have been removed from the active benefit listings shall be reinstated to all benefits on the first day of the month upon return to active employment, as stated in this article, ifrecalled within six (6) months ofbeing laid off. If an employee is recalled within thirty-six (36) months, the employee will be reinstated to all benefits within the month following the month of recall.

35.04 (a) If a dispute shall arise pertaining to this insurance plan and such dispute does not involve a difference of opinion between two legally qualified physicians, the dispute shall be handled in the following manner:

(I) the employee, the Union and the Company shall review the matter;

(2) if agreement is not reached at such meeting, the Union may present a grievance as described in Article 6 (Grievance Procedure) of the collective agreement and such grievance shall be discussed within five (5) working days from the date the grievance was submitted to the Company; unless it is mutually agreed to extend the period;

(3) if the matter is not resolved through the Grievance Procedure, the arbitration provisions of the collective agreement may be invoked.

(b) If a dispute shall arise involving a difference of opinion between two legally qualified physicians, the dispute shall be handled in the following manner:

( 1) the employee shall continue on disability claim during the period of dispute. The Company shall have the right to recover the monies by any means available, including from vacation monies, if it is subsequently determined that the employee was not entitled to such benefits;

(2) the Union and the Company shall review the matter and determine the type of third party medical opinion {ie. General Practitioner or Specialist);

(3) the Union and the Company shall agree on the legally qualified physician who will render the binding third party opinion. Agreement on the third party shall be reached in a reasonable and expeditious manner.

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ARTICLE 36- NEW EMPLOYEE ORIENTATION

36.01 The Company agrees to acquaint new employees with the fact that a collective agreement is in effect and with the conditions of employment set out in the articles dealing with union security and dues check off. A new employee shall be advised of the name and location of his/her union representative and shall be provided with a copy of the collective agreement.

The Union shall be allowed to meet with new employees for a period not to exceed fifteen (15) minutes as they are hired t9 explain their status up to achieving seniority_ and to present the employee with Union, new member orientation material.

The above meeting will be conducted by one of the following:

A union representative during their respective representation time as outlined in Article 5 of the collective agreement.

ARTICLE 37- HOURS OF WORK

37.01 The normal hours of work shall be eight (8) hours per day and the normal work week shall be forty (40) hours per week. The normal work week will be Monday to Friday.

37.02 The normal hours of work on a two shift operation will be as follows:

Shift #I - 7:00 a.m. to 3:30p.m. Shift #2- 3:30p.m. to 12:00 a.m.

Employees will be entitled to a one-half (Yl) hour unpaid lunch per shift. Employees who voluntarily work a ten (10) hour shift shall be entitled to one additional ten (10) minute rest period at the end of his regular shift.

37.03 The Employer shall be permitted to change the normal hours of work up to two (2) hours in either direction, upon mutual agreement with the union and the employees, such agreement not to be unreasonably withheld by the union and the employees.

37.04 In the event the Company institutes a three {3) shift operation, the normal work week for employees will be eight (8) hours per day, Monday to Friday with a paid twenty (20) minute lunch period.

37.05 Employees requested to work prior to the start of their regular shift will be paid at the overtime rate applicable for all such time worked prior to the regular starting time provided the employee completes their regular shift.

37.06 The normal hours of work for a three (3) shift operation will be as follows:

Shift #I - II :00 p.m. to 7:00a.m. Shift #2- 7:00a.m. to 3:00p.m. Shift #3 - 3:00p.m. to 11 :00 p.m.

37.07 The Company will continue the current practice of providing employees with a three (3) minute grace period for punching in at the start of a shift. If an employee punches in beyond the three (3) minute grace period, the employee will be docked fifteen (15) minutes pay.

37.08 The Company will not transfer an employee to another shift once the work week has started, within the frrst twenty-four hours of the start of the shift they are being transferred from, unless mutually agreed upon by all the parties.

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37.09 There shall be a fifteen (15) minute paid rest period after two (2) hours in the first half of the shift and a fifteen (15) minute paid rest period after two (2) hours in the second half of the shift with a five (5) minute wash up period at the end of the shift.

37.10 The hours of work set out in this Article shall not be construed as a guarantee of a minimum hours to be worked per day and/or per week.

ARTICLE 38- TECHNOLOGICAL CHANGE

38.01 Definition

"Technological change" is defmed as changes in technology to the process, equipment or methods of production that differs significantly from that previously utilized by the Company.

38.02 Advance Notice

In the event of a technological change as defmed above, the Company will give the Union at least thirty-five (35) calendar days advance written notice of such change, wherever possible.

38.03 Consultation

In the event of a technological change as defmed above, the Company will meet with the Union committee within five (5) working days of the advance notice to advise and discuss the nature of the technological change, the approximate date the company proposes to effect the change, the approximate number of employee likely to be affected by the technological change and the effect the technological change may have on the working conditions and conditions of employment.

38.04 New Positions

A new position created as a result of a technological change will be posted in accordance with Article 13 of the collective agreement.

38.05 Training

Where new or greater skills are required, such employees shall, at the expense of the Company, be provided with a reasonable training period. The parties agree to discuss appropriate training for the specific changes identified.

An employee displaced from his job as a result of a technological change will be considered laid­off within the meaning of the collective agreement and will have the right to displace a junior employee pursuant to Article 14 of the collective agreement.

In the event an employee displaced as a result of technological change is not able to perform the work of any junior employee, he/she will be given a reasonable period of training on a position held by a junior employee.

38.06 Protection of Bargaining Unit Jobs

No job currently performed by a bargaining unit member will be reclassified as a non-bargaining unit job as a direct or indirect result of technological change.

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38.07 Grievance Procedure

A dispute with respect to the interpretation or application of this Article may be the subject matter of a grievance pursuant to Article 6 of this Agreement.

ARTICLE 39- CONTINUING EDUCATION

39.01 Employees with one (I) or more years of seniority, who desire to further their education may make an application to the Personnel Department to go on a steady shift for the length of such education.

Approval for such change shall be conditional on the following:

(i) Thirty (30) calendar days prior notice in writing stating: course name, educational facility, starting date and duration of course;

(ii) Employee provides evidence of acceptance to education program within five (5) days of the start of their course;

(iii) Employee fmds someone to switch shifts, who is in the same classification, performing similar work and who is willing and able;

(iv) That no more than three (3) employees will be allowed to exercise the above clause at the same time;

(v) If an employee fails to attend, discontinues the course, or fails to pass the course they are enrolled in, the said employee will not be able to exercise this clause for a period of two (2) years.

The employee must be required to attend school at least two (2) days per week to be eligible for this arrangement.

Employees who attend class one (I) day per week will only be allowed to change shifts for the day on which their class occurs.

Tuition Fees and Books

The Company recognizes the importance of continuing education, and encourages employees to participate and investigate job-related furtherance of those skills. Employees are invited to approach management regarding courses of this nature; all requests shall be considered and will not be unreasonably denied. Programs approved will be reimbursed by the Company, to include all necessary books and tuition fees, upon successful completion. It is understood and agreed that reimbursement for any employee pursuant to this Article will not exceed $250.00 per course nor will it exceed $1,000.00 in any one (1) calendar year. It is understood that this provision is not applicable to CPR and to First Aid training courses.

ARTICLE 40- INJURY ALLOWANCE

40.01 An employee injured on the job shall be paid for the balance of his/her shift on which the injury occurred if, as a result of such injury, the employee is sent home by the Company or is sent to an outside hospital and a doctor at such hospital or the employee's own doctor certifies that the employee should not return to work. The Company will provide transportation, for such injured employee.

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ARTICLE 41 -LOCKERS

41.01 The Company agrees to provide one full size locker or two personal half-size lockers, and one locker for coveralls to all employees. Such lockers shall be assigned and placed in areas designated by the employer. The Company will provide the Mfg Labour/Weld Classification employees with storage facilities for all tools and equipment provided to employees.

ARTICLE 42 -BULLETIN BOARDS

42.0 I The Committee will have the use of bulletin boards in the plant for the posting of Union notices. Such bulletin boards will be supplied by the Company. Bulletin boards will be provided in all lunch rooms and punch clock areas. Notices will be limited to the following:

(I) Notices of union meetings and elections;

{2) Results of union elections;

(3) Union sponsored social activities;

(4) Other general Union activities, not derogatory to the Company.

ARTICLE 43 - COPIES OF THE CONTRACT

43.01 The Company agrees to provide all current and new employees with pocket size copies of the Collective Agreement within three (3) months after text approval. The Company will also provide the Union with twenty-five (25) copies of the collective agreement. The Agreement shall be printed in a union shop.

ARTICLE 44- STRIKES OR LOCKOUTS

44.01 The Company agrees it will not cause or sanction a lockout and the union agrees it will not counsel or authorize any strike during the lifetime of this agreement.

Further, the Company and the Union agree to abide by the Ontario Labour Relations Act with respect to strikes and lockouts.

ARTICLE 45- DURATION

45.01 This Agreement shall be effective from the 151 day of February 200 I to and including the 31 51 day of January 2004. Either party shall be entitled to give notice in writing to the other party as provided in the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring Collective Agreement at any time within a period of ninety (90) days before the expiry date of the Agreement. Following such notice to bargain, the parties shall meet within fifteen (15) days of the notice or within such further period as the parties mutually agree upon.

It is agreed that during the course of bargaining, it shall be open to the parties to agree in writing to extend this Agreement beyond the expiry date of the 31st day of January, 2004, for any stated period acceptable to the parties and in accordance with the Labour Relations Act.

It is understood that, during any negotiations following upon notice of termination or notice or amendment, either party may bring forward counter proposals arising out of or related to the original proposals.

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The parties reserve the right to add to or modify their proposals during negotiations.

Provided that for purposes ofall notices under this article, notice in writing shall be deemed to have been received by the party to whom. it is sent upon the mailing of such notice by registered mail addressed to the current address of the other party.

ACfURING FOR C.A.W., LOCAL 195

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f, ,

SCHEDULE"A"-WAGES

(A) UPON RATIFICATION YEAR2 YEAR3

Maintenance I $15.00 $15.25 $15.75 Machine Repair

Painter $13.75 $14.00 $14.50

Tool Crib $13.75 $13.75 $14.25

Mfg Labour/Weld $13.50 $13.75 $14.25

Lift Trucks $13.50 $13.75 $14.25

Metal Prep $13.00 $13.25 $13.75

Assembly $13.00 $13.25 $13.75

Janitor $13.00 $13.25 $13.75

New Employees 80% After 90 days 85% After one year 100%

Leaders will be paid 75¢ an hour more than the classification in which they are employed.

Classification for Prototype are as follows:

Prototype $16.00 $16.50 $17.00

E- entry 75% D- 1 year 80% C- 2 year 85% B- 3 year 90% A- 4 year 100%

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LETTER OF UNDERSTANDING# 1- UNION OFFICE FOR HARROW

The Company will agree to provide the Union with a desk and filing cabinet and access to a phone, fax and photocopier at the Harrow location.

LETTER OF UNDERSTANDING# 2- EMPLOYMENT AGENCY

The Company acknowledges that employees hired through an employment agency are <;:onsidered employees of the Company while employed at Star.

LETTER OF UNDERSTANDING# 3- CHANGE ROOMS AND LUNCH ROOMS

The Company will provide adequate change rooms and a lunch room for employees. Change rooms, washrooms and lunch rooms will be cleaned daily. The main lunch room will be equipped with a microwave, fridge, vending machines and airconditioning. The existing training room shall be made available as overflow non-smoking lunch space, except on days which training is scheduled.

LETTER OF UNDERSTANDING# 5- SWITCHING SHIFTS

The Company and the Union will establish a system of mutual exchange of shifts. Employees wishing to switch shifts will be required to sign an exchange of shift form. Employees who fail to report for a switched shift will be subject to discipline. An exchange of shift will not result in any overtime pay to the Company.

LETTER OF UNDERSTANDING# 6- SHIFT ROTATION

The Company and the Union agree to the implementation of a fair system of shift rotation based on a two (2) week cycle.

LETTER OF UNDERSTANDING# 7- EXCESSIVE HEAT

Where an individual employee becomes ill due to combined excessive heat and/or humidity, such an employee shall be excused for the balance of the shift without pay upon notification of his/her individual supervisor of his/her illness. Once excused, the employee shall be required to clock out and leave the plant. Employees leaving work pursuant to this letter of understanding may be required to substantiate their illness with a physician's note. If needed, additional fans will be provided. The Company may also provide cold beverage to employees who continue to work in these conditions.

LETTER OF UNDERSTANDING # 8 -PRESCRIPTION SAFETY GLASSES

The Company will agree to provide employees with a $75.00 allowance during the life of the agreement for prescription safety glasses which are CSA approved. The employee must provide the Company with a receipt. The Company further agrees to provide one lens replacement during the life of the agreement, as may be required at the discretion of the Company.

LETTER OF UNDERSTANDING # 9- SENIORITY LIST

The Company agrees to adjust the seniority list in accordance with the terms of the collective agreement. The parties will have thirty (30) days to bring forward concerns in regard to the posted seniority list.

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.•

LETTER OF UNDERSTANDING# 10- LEAD HANDS

The Company will recognize the current lead hands and lead hands will assist in production, set-up and coordination of jobs. The lead hands will not participate in any personnel decisions. If a lead hand vacancy occurs, the lead hand position will be posted in accordance with the job posting procedure. The Company has the right to determine which classifications require lead hands.

The lead hand will be paid an additional seventy-five (75) cents per hour above the regular hourly rate for the classification in which the lead hand is employed.

LETTER OF UNDERSTANDING # 11

The Company will provide employees with paint suits, respirators and filters for the respirators and make paint goggles approved by the Joint Health and Safety Committee available to employees at no cost. Employees shall be required to use the paint goggles approved by the Joint Health and Safety Committee.

LETTER OF UNDERSTANDING# 12- RAIN GEAR

The Company will continue to provide existing rain gear and 3 winter parkas to be issued from the crib to employees who may perform work outside.

LETTER OF UNDERSTANDING# 13- WELDING HELMETS AND SLEEVES

The Company will agree to provide seniority employees with welding helmets and sleeves.

LETTER OF UNDERSTANDING# 14- DISCIPLINE

All employees will have their disciplinary records cleared prior to and including June 30, 2000, upon ratification.

LETTER OF UNDERSTANDING# 15- PARKING LOTS

The Company agrees to fill in, grade and provide dust control to its existing parking areas not less than one ( 1) time per year. The Company will take steps to reduce the debris from the parking lot and laneway on a regular basis as may be required at the Company's discretion. The Company shall enhance current lighting at the southeast corner of the building by raising the height of existing lights in this area.

LETTER OF UNDERSTANDING# 16- PICNIC TABLES AND PATIOS

The Company agrees that all existing patios and picnic tables will remain available for employees use. The Company shall replace or repair all damaged or worn picnic tables within three (3) months of ratification of this agreement. The Company shall construct and install a permanent patio within six (6) months of ratification of this agreement.

LETTER OF UNDERSTANDING# 17- VENTILATION AND TEMPERATURES WITHIN THE PLANT

The Company agrees to provide adequate air ventilation and circulation with repsect to welding rooms. In addition, the Company agrees to provide comfortable temperatures within the plant and make reasonable efforts to address concerns regarding variations in cold and heat temperatures.

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LETTER OF UNDERSTANDING# 18- WASHROOMS

The Company agrees to provide adequate washrooms and maintain them on a regular basis. The Company agrees to improve the ladies washroom within six (6) months of ratification ofthis agreement.

LETTER OF UNDERSTANDING# 19- TOOLS

The Company agrees to provide the Maintenance Machine Repair classification with all tools required to perform the work of the classification. The Company agrees to provide all other classifications with the tools of the job classification as determined by the Company for all new employees upon hire. All tools remain the property of the Company and are not to be taken off the property. All employees who are dismissed or quit their employment with the Company are required to return the tools supplied by the Company in good order, or replace the tools of the same quality, or the Company will deduct the price of the tools from the fmal pay cheque.

LETTER OF UNDERSTANDING# 20- PENSIONS

The Company will agree to provide the employees with a defmed benefit level of$15.00 based on future service only from December 31, 2000. Pension Plan to be Canada Wide Industrial Pension Plan (C.W.I.P.P.).

LETTER OF UNDERSTANDING# 23- LIFT TRUCK JACKETS

The Employer agrees to provide employees filling a permanent position in the Lift Truck classification with one ( 1) parka and one ( 1) rain jacket to be the responsibility of the employee and returned to the Company on termination or transfer.

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MEMORANDUM OF SETILEMENT

BETWEEN

STAR METAL

AND

CAW LOCAL 195

Listed are some issues that are agreed to but are not clear in the signed document.

Signing Bonus

Signing Bonus of $300.00 to be paid on two separate cheques: on ratification for $150.00 and immediately before Christmas holidays for $150.00.

To be effective upon ratification, January 31, 2002, and January 31, 2003.

The Company

The parties agree that The Company as used herein means Star Metal Manufacturing Inc. together with its wholly owned or controlled subsidiaries. This does not impact upon the application or operation of section 1(4) of the Ontario Labour Relations Act in any way.

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