COLlECTWE AGREEMENT between GENPAK, a division of … Industrial/385-0092-14.pdf · COLlECTWE AGREEMENT between GENPAK, a division of Great PacHio Enterprises LP. ... practice personal

COLlECTWE AGREEMENT

between

GENPAK, a division of Great PacHio Enterprises LP. (hereinafter referred to as the "Company")

and

TEAMSTERS LOCAL UNION 938 affiliated with the

International Brotherhood of Teamsters (hereinafter referred to as the 11 Union")

DURATION: January 1, 2012 to December 31,2014

INDEX

ARTICLE NO. TITLE PAGE NO.

1 PURPOSE OF AGREEMENT 1

2 RECOGNITION AND COVERAGE 2

3 MANAGEMENT FUNCTIONS 3

4 RELATIONSHIP & UNION SECURITY 4

5 UNION REPRESENTATION 5

6 GRIEVANCE PROCEDURE 7

7 ARBITRATION 9

8 STRIKE AND LOCKOUT 10

9 WAGES 10

10 HOURS OF ·WORK & OVERTIME 11

11 PAID HOLIDAYS 13

12 VACATION WITH PAY 15

13 SENIORITY 16

14 JURY DUTY 20

15 BULLETIN BOARDS 20

16 LEA VB OF ABSENCE 20

17 BENEFITS 22

18 MEDICAL EXAMINATIONS 24

19 TERMINATION OR MODIFICATION 24

APPENDIX "A" WAGE SCHEDULE 26

ARTICLEl

PURPOSE OF AGREEMENT

Section 1.01

The general purpose of this Agreement is to establish mutually satisfactory relations between the Company and its employees, and to provide a mechanism for the prompt and equitable disposition of grievances, and to establish and maintain satisfactory working conditions, hours and wages for all employees who are subject to the provisions of this Agreement.

Section 1.02

Where used in this Agreement, and where applicable, the male pronoun shall be deemed to include the female pronoun.

Section 1.03

Sanitation

The products produced by the Company are primarily used in the packaging of food products, as such we endeavor to minimize contamination wherever possible. The pursuit of this objective must be a prime concern of every employee.

New employees will be required to pass a medical examination prior to the completion of their probationary period. Current employees may from time to time be required to submit to a medical examination. All employees must practice personal hygiene at all times and are expected to wash their hands regularly.

When exposed to contagious diseases an employee must report to their supervisor at once as they unknowingly may be a carrier endangering fellow employees or causing contamination of food products containers.

Section 1.04

Plant Housekeeping

The maintaining of good housekeeping must be observed at all times. The pursuit of this objective will serve to reduce potential hazards to the safety of the employees as well as contribute to the cleanliness of the plant in general. All employees are expected to contribute toward these ends. Any employee working in an area that is temporarily involved in a shutdown and not involved

in the startup of that line is expected to participate in housekeeping of plant work areas.

Section 1.05

Uniforms

The wearing of Company uniforms by all employees is a condition of employment. The Company shall provide and pay for 100% of the purchase cost of the uniforms. The company has the option to rent or buy uniforms.

ARTICLE2

RECOGNITION AND COVERAGE

Section 2.01

This Agreement applies to all employees of Genpak, a division of Great Pacific Enterprises LP in the City of Mississauga, save and except foremen, persons above the rank of foreman, office, clerical and sales staff, persons regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period.

Section 2.02

The Company agrees not to enter into any agreement with its employees, individually or collectively, which conflicts with the specific provisions of this Agreement.

Section 2.03

A supervisor shall not perform the work of a bargaining unit employee except:

a) one working foreman per shift (to a maximum of four overall) may perform work within the traditional scope of their job pursuant to existing practice;

b) in emergencies arising out of unforeseen circumstances which call for immediate action to protect operations or customer relations;

c) in the instruction or training of employees;

d) in checking operating conditions;

e) in testing equipment or process performance.

Section 2.04

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The company will not use temporary or casual workers for the purpose of circumventing the hiring of new employees.

ARTICLE3

MANAGEMENT RIGHTS

Section 3.01

Except as, and to the extent specifically modified by this Agreement, all rights and prerogatives which the Company had prior to the execution of this Agreement are retained by the Company and shall remain exclusively and without limitation within the rights of the Company and its management. Without limiting the generality of the foregoing, the Company's rights shall include:

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

b) the right to select, hire and control the working force and employees; to transfer, assign, prom<?te, demote, classify, layoff, recall, suspend employees; to plan, direct and control plant operations; to select and retain employees for positions excluded from the bargaining unit and to transfer employees into the bargaining unit;

c) the right to detemrine the location and extent of its operations and their commencement, expansion, curtailment, or discontinuance; the direction or production; the subcontracting of work; the schedules of work and/ or production, the number of shifts; the methods, processes and means of performing work; job content and requirements, quality and quantity standards; the qualification of employees; the use of improved methods, machinery and equipment, whether there shall be overtime work and who shall perform such work, the number of employees needed by the Company at any time and how many shall operate or work on any job, operation, machine or production line; the number of hours to be worked; starting and quitting time; and generally, the right to manage the enterprise and its business without interference are solely and exclusively the right of the Company.

Section 3.02

In order that the Company's right to maintain efficiency as referred to in Section 3.01 may be fully effectuated and that there may be full cooperation between the Company and its employees, it is agreed that all officers of the Union, in any way concerned with the operation of this Agreement, as well as Union Stewards, will not encourage and will actively discourage any inefficiency or malpractice on the part of any employee or group of employees.

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Section 3.03

The Company agrees that these rights shall not be exercised in a manner inconsistent with the specific provision of this Agreement.

ARTICLE4

RELATIONSHIP AND UNION SECURITY

Section 4.01

It is agreed that all new employees covered by this Agreement must become members of the Union in good standing, upon completion of their probationary period.

Section 4.02

All employees hired shall authorize the Company to deduct the amount equal to the Local Union's Initiation Fees in ins.tallments of twenty-five dollars ($25.00) per week after the completion of the probationary period. This deduction shall continue until the Initiation Fee is paid in full. The Company agrees to remit such moneys so deducted to the head office of the Local Union on the fifteen (15th) day of the following month along with a list of the employees from whom the money was deducted at the same time as the Union dues are remitted.

Section 4.03

The Company agrees, for the duration of this Agreement, to deduct from the last pay cheque each month the monthly dues of any employee covered by this Agreement, and to remit such moneys so deducted to the head office of the Local Union along with a list of the employees from whom the moneys were deducted not later than the fifteenth (15th) day of the following month. The checkoff list will include social insurance numbers.

Section 4.04

The Union will notify the Company in writing of any arrears in dues caused for any reason or any arrears in Initiation or Re-Initiation Fees and the Company will commence deductions in amounts prescribed by the Local Union in such written notice and forward such moneys to the Local Union along with the monthly dues as provided for above. Such notice of arrears served on the Company shall prescribe payroll deductions of not more than twenty-five dollars ($25.00) per week. The Union will refund directly to the employee any such moneys deducted in error along with confirmation of such refund to the Company.

Section 4.05

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The Union will supply the Company with a computerized listing which shall provide a column for "Dues", "Arrears in Dues", "Initiation and Re-Initiation Fees". The Company shall each month add the name of each new employee hired on since the remittance of the previous checkoff along with the starting date and the Company shall give an explanation alongside the name of each employee who appears on the previous month's checkoff sheet for whom a remittance is not made.

Section 4.06

The Union will supply the Company with Initiation Deduction Authorization Forms, Application for Membership Forms and Dues Deduction Authorization Forms, all of which shall be signed by all new employees on the date of hire and all such completed Application for Membership Forms will be returned to the Union with the checkoff lists.

Section 4.07

The checkoff and cheque(s) for the Union dues deducted must be in the office of the Local Union not later than the fifteenth (15th) day of the month following the month in which the moneys were deducted.

Section 4.08

The Company shall show the yearly Union monthly dues deductions on employees' T4 slips.

Section 4.09

The appropriate authorized official in the Head Office of the Local Union shall notify the Company in writing of any changes to the amounts of deductions and will implement same on a timely basis.

Section 4.10

The Union agrees to indemnify, defend, and hold the Company completely harmless against all claims, demands, actions and expenses should any person at any time contend or claim that the Company has acted wrongfully or illegally pursuant to any matter under this Article.

ARTICLES

UNION REPRESENTATION

Section 5.01

a) The Union shall have the right to appoint or elect up to two (2) Stewards per shift to represent the employees.

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b) The Union may, temporarily, replace any Union Steward if the Steward is absent due to holiday, sickness, or the like, subject to Section 5.02.

c) Employees shall not be eligible to serve as Shop Stewards unless they have been in the company's continuous employ in the bargaining unit for at least two (2) years.

Section 5.02

The Union shall notify the Company, in writing, of the names of the Shop Stewards before the Company shall be required to recognize them.

Section 5.03

It is understood that the Shop Stewards have their regular work to perform and that if it is necessary to service a grievance during working hours, they will not leave their work without receiving permission from their supervisor. Such permission will not be unreasonably withheld. When resuming their regular work, they will report to the supervisor. It is understood that the Company shall pay for reasonable time required by the Shop Stewards during their scheduled working hours in servicing grievances or in connection with grievance procedure during working hours.

Section 5.04

It is understood and agreed an employee has his regular work to perform and shall, under no circumstances, leave his work without the permission of his supervisor. An employee having a grievance shall be permitted the opportunity to discuss same with his Shop Steward provided it does not interfere with the efficiency of the operation.

Section 5.05

The assigned Union Business Representative shall have access to enter Company Property upon obtaining the approval of the Plant Manager or his designate, which approval shall not be unreasonably withheld.

Section 5.06

The Union shall have the right to appoint or elect up to two representatives of the bargaining unit to the Union's collective bargaining committee.

Section 5.07

Shop stewards to be granted up to a maximum of 2 days paid leave of absence to attend Steward Training.

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ARTICLE6

GRIEVANCE PROCEDURE

Section 6.01

Any alleged grievance arising in connection with the interpretation or application of the provisions of this Agreement subject to Section 6.02 shall be adjusted as quickly as possible through the following steps:

STEP 1 - (Verbal Stage)

The aggrieved employee, who may have the assistance of his Steward, may take the matter to the supervisor concerned within seven (7) working days after the circumstances giving rise to the grievance originated or occured. The supervisor or his designate shall render a decision within three (3) days thereafter.

STEP 2 - (In Writing)

Within two (2) working days following the decision of the supervisor concerned the aggrieved employee, who may have the assistance of his Steward, may present the grievance in writing to the supervisor concerned or his representative, and a meeting shall be held within four (4) working days to discuss the matter. Within five (5) working days following the meeting the supervisor or his representative, shall render his decision in writing. (Saturdays, Sundays and Holidays will be excluded from the time limits specified above).

STEP 3 - (In Writing)

Within three (3) working days following receipt of the decision at Step 2, the employee, with the Union, may present the grievance in writing to the Plant Manager or his representative and a meeting shall be held with the employee within five (5) working days to discuss the matter. It is understood that at such meeting the Manager or his representative may have such counsel and assistance as he may desire and that the employee may have his Stew~rd and that the Business Representative of the Union will be advised of the meeting and may attend. The decision of the Manager or representative shall be given in writing within five (5) working days following the meeting.

STEP4

Should the Manager fail to render his decision as required in Step 3 or failing settlement of any grievances under the foregoing procedure of this Agreement, including any question of the provisions of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within ten (10) working days after the decision under Step 3 is given, or within fifteen (15) working days

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following the meeting under Step 3 of the Grievance Procedure, the grievance shall be deemed to have been settled based on the Employer's last response.

Section 6.02

No complaint, difference or dispute may be submitted or considered under the Grievance Procedure unless it has been presented within five (5) working days from the time the circumstances giving rise to the above originated or occurred. (Saturdays, Sundays and Holidays will be excluded from the time limits above.)

Section 6.03

The Union or Company may institute a grievance consisting of an allegation of a general misinterpretation or a violation by the Employer or Union of this Agreement in writing at Step 3 of the Grievance Procedure, providing that it is presented within ten (10) working days after the circumstances giving rise to the grievance originated or occurred. However, it is expressly understood that the provisions of this clause may not be used to institute a grievance directly affecting an employee or employees which such employee or employees could themselves initiate and the regular Grievance Procedure shall not be bypassed.

Section 6.04

All decisions arrived at between the representatives of the Company and of the Union shall be final and binding upon the Company, the Union and the Employees concerned.

Section 6.05

Should a grievance not be submitted within the various time limits specified in this Article, the Employer will not be obliged to consider it and the same shall expire and the same subject matter shall not be further considered nor the subject of a further grievance.

Section 6.06

Time limits of the above may be extended by mutual agreement of the parties.

Section 6.07

A claim by an employee who has completed his probationary period that he has been discharged for other than just cause shall be treated as a grievance initiated at Step 3 if a written statement of such grievance is lodged by the employee with the Manager, or senior management representative, within three (3) working days of the discharge occurring.

Section 6.08

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An employee shall be permitted the option of having his Steward in attendance to observe the process when the employee is to be disciplined by suspension or discharge. However, copies of written discipline to employees will be forwarded to the Head Office of the Union to the attention of the Business Representative.

ARTICLE7

ARBITRATION

Section 7.01

When either party requests that a grievance be submitted to arbitration, the request shall be in writing, addressed to the other party, and shall contain the names of arbitrators acceptable to that party. In the event agreement to a single arbitrator cannot be reached, either party may apply to the Ontario Ministry of Labour to appoint an arbitrator.

Section 7.02

The fees and expenses of the arbitrator shall be shared equally by the parties hereto.

Section 7.03

The single arbitrator shall have authority only to settle disputes under the terms of this Agreement and to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of the Agreement including a question as to whether a matter is arbitrable shall be arbitrable.

Section 7.04

The single arbitrator shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it; nor shall any practices or customs become binding unless reduced to writing by the Union and the Employer.

Section 7.05

No matter may be submitted to arbitration which has not been properly carried through the proper steps of the Grievance Procedure.

Section 7.06

Where the single arbitrator determines that an employee has been discharged or otherwise disciplined by an Employer for other than just cause and there is no specific penalty for this infraction agreed to by the Employer and the Union as comprising a

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part hereof, the single arbitrator may substitute such other penalty for the discharge or penalty as the single arbitrator deems just and reasonable in all the circumstances.

ARTICLES

STRIKE AND LOCKOUT

Section 8.01

The Union agrees that during the term of this Agreement there will be no strike or other interference with or interruption of the normal operations of the Company's business, and the Company agrees that there will be no lockout during the term of this Agreement, within the meaning of the Labour Relations Act of Ontario.

ARTICLE9

WAGES

Section 9.01

Rates: Attached hereto and forming part of this Agreement is Appendix "A" which is the schedule of job classifications and straight time hourly rates of compensation.

Section 9.02

Wages shall be paid by-weekly and by direct deposit to the account designated by the employee in a Canadian chartered bank or other financial institution providing these services, such deposit to be effective no later than 12:00 each second Friday except when Friday is a statutory holiday in which case pay day will be the following Monday.

Section 9.03

In the event that any new jobs or job classifications are established, the Company will carefully consider all the aspects of the new job and will set a rate. The Company will inform the Union of the rate set. If there is a disagreement pertaining to the rate set, the Union may commence the Grievance Procedure at Step 3.

Section 9.04

Employees will be paid the "minimum" hourly rate of pay based on the job classification work actually being performed except in the following.

When an employee is temporarily transferred at the specific direction of the Company such employee shall receive the minimum hourly rate for the job classification to which he is transferred, or the rate for the employee's own job classification that he is performing, whichever is higher.

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ARTICLE10

HOURS OF WORK AND OVERTIME

Section 10.01

It is expressly understood and agreed that the provisions of this Article shall not be construed as a guarantee or a limitation of the number of hours of work per day or per week, the number of days per week, the working schedules or shifts or otherwise, and is simply intended to generally define the normal hours of work to provide a basis for computing overtime payments.

Section 10.02

Without limiting the import of section 10.01:

(a) For employees on three (3) shift operations, the normal hours of work will be eight (8) hours per day and forty (40) hours per week, which includes a twenty (20) minute paid lunch break.

(b) For employees on two (2) shift operation (called "continuous" operation), the normal hours of work will be twelve (12) hours per day and eighty-four hours per two week period, which includes a twenty (20) minute paid lunch break.

(c) For employees on continuous days, afternoons, or nights, the normal hours of work will be eight and a half (8.5) hours per day, which includes an unpaid thirty (30) minute lunch break.

Section 10.03 - Shifts

For the purpose only of determining shift premiums on a three (3) shift operation:

A scheduled shift commencing on or after 11:00 p.m., but before 1:01 a.m., shall be deemed a "midnight" shift. -

A scheduled shift commencing on or after 7:00 a.m. but before 9:01 a.m., shall be deemed a "day" shift.

A scheduled shift commencing on or after 3:00 p.m. but before 5:01 p.m. shall be deemed an "afternoon" shift.

A shift premium of thirty-five cents (35({:) per hour will be paid for all hours worked on the afternoon shift.

A shift premium of seventy-five cents (75({:) per hour will be paid for all hours worked on the midnight shift.

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Section 10.04

It is understood and agreed that because of production, business, and customer requirements, the Company may implement a continuous operations schedule. In order to provide twenty four (24) hours continuous operation during the seven (7) days in each week, employees may be required to rotate and change their hours of work and schedule as necessary. Prior to implementation, the Company agrees to discuss such implementation with the Union and give reasonable notice to its employees.

Section 10.05

a) Overtime pay:

Except for employees assigned to a seven (7) day continuous operation, an employee shall be paid one and one-half (1%) times his straight time hourly rate for all hours worked:

i) in excess of eight (8) hours in one (1) work day;

ii) on Saturday or for those employees whose scheduled work week includes Saturday, all hours worked on the sixth (6th) day, provided the employee has completed forty (40) hours that week;

iii) on Sunday, or for those employees whose scheduled work week includes Sunday, all hours worked on the seventh (7th) day, provided the employee has completed forty (40) hours that week; and

iv) on a paid holiday the employee works other than a statutory holiday.

Double time Double time will be paid for all authorized hours worked on any statutory holiday on the holiday schedule.

b) Continuous Operation:

Employees assigned to a seven (7) day continuous operation will be eligible for overtime pay at one and one-half (1%) times the employees straight time hourly rate for hours worked in excess of forty (40) hours worked per week averaged over a two (2) week period on the schedule. Such employees will be eligible for overtime paid at one and one-half (llh) times their straight time hourly rate for hours worked on a paid holiday and for two (2) times their straight time hourly rate for hours worked on a statutory holiday.

Section 10.06

OVERTIME EQUALIZATION AMONG EMPLOYEE CATEGORIES

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When overtime can be scheduled in advance, the Company will attempt to distribute overtime work as impartially as practicable among employees by job classification based on seniority, provided they are qualified to perform the work. Rejection of offered overtime will constitute overtime worked for purposes of distribution. Advance notice of overtime assignments is not a guarantee of work if later developments make the work unnecessary. An employee who is absent loses equalization and seniority status as a consideration for overtime distribution of the week of the absence.

When requirements for overtime develop suddenly because of attendance problems or emergencies which occur, the more senior employees in the classification will be asked first. If this method is exhausted or the emergencies which occur are within two (2) hours before the required overtime, the employees most likely to be available will be called without consideration of equalization or seniority.

All employees, as a condition of employment are expected to cooperate in meeting the overtime work requirements of the Company. Overtime assignments at times may therefore be mandatory. When overtime requirements cannot be covered with volunteers, the junior qualified employees in the job classification will be required to work first, progressing up the seniority list until the requirement is covered. Call-in work and other emergency work assignment is part of this job requirement, and personnel must be prepared to accept such assignments on short notice. When an employee has completed his shift and has left the premises of the Employer and is called back to work, he shall receive a minimum of four (4) hours pay at straight time.

Failure to report for committed overtime work, arriving late, or leaving early after acceptance of such work, will be considered an attendance deficiency the same as if the problem occurred during normally scheduled hours. No overtime will be worked or paid for without prior authorization by management.

There shall be no compounding, pyramiding or otherwise, of any premiums, benefits, insurances or entitlements.

ARTICLE11

PAIDHOUDAYS

Section 11.01

For the purpose of this Agreement, the following are defined as statutory holidays:

New Year's Day Good Friday Canada Day Victoria Day Labour Day Thanksgiving Day

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Christmas Day Boxing Day

Section 11.02

For the purpose of this Agreement, the following additional days will be designated as paid holidays:

Family Day Civic Day New Year's Eve or prior working day Easter Monday

In addition to the above listed holidays, two (2) additional holidays with pay will be granted to all eligible employees, which shall normally be taken between Christmas and New Years, unless the Company's business requirements dictate otherwise, in which case these additional holidays shall be taken on days approved by management, in consultation with affected employees.

Section 11.03

An employee's eligibility to receive payment for statutory holidays shall be according to the criteria for the receipt of public holiday pay specified in the Employment Standards Act. Those same criteria shall apply to employees' receipt of payment for the above-mentioned paid holidays.

However, an employee shall be deemed to have qualified for holiday pay if he is absent on either qualifying day if such absence is due to:

a) verified illness or injury and such absence commenced not earlier than five (5) working days prior to the holiday (or three (3) working days for employees in the continuous operation). If required, the onus to provide the Company with a medical certificate rests with the employee;

b) jury service leave in accordance with Section 14.01;

c) bereavement leave in accordance with Section 16.05; and

d) leave of absence authorized in writing in accordance with Section 16.01.

Section 11.04

Holiday pay will be computed on the basis of the regular hours the employee would otherwise work had there been no holiday, up to a maximum of twelve (12) hours at his regular hourly rate of pay.

Section 11.05

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Where an employee is scheduled to work on a holiday, he shall be paid at the rate of time and one-half (Ph) his regular straight time hourly rate for all hours worked in addition to his holiday pay entitlement as outlined in Section 11.02.

ARTICLE12

VACATION WITH PAY

Section 12.01

The period from January 1st to December 31st will be the basis for determining service for vacation purposes. Individual vacation entitlement as outlined in the schedule below is based on complete years of service as of December 31st inclusive.

Years of Service

Less than 1 year prior to Dec. 31st 1 year but less than 5 years 5 years but less than 10 years 10 years but less than 15 years Over 15 years Over 25 years

Section 12.02

Days /Wks of Vacation

1 day for each month of service (max. 10 days) 2 weeks 3weeks 4weeks 5weeks 6weeks

%of Gross Earnings

@4%

@4% @6% @8% @10% @12%

a) For the purposes of this Article, gross earnings shall include all payments made by the Company to the employee for work performed (less paid vacation as defined in article 12.01).

b) In the event of an unscheduled shutdown employees will have the right to decide if they take vacation pay or leave without pay.

Section 12.03

a) Should the Company designate a shutdown period, employees are required to take their vacation during that time. As early as possible each year the Company shall determine the shutdown period for that year if one is to occur and notify the employees thereof.

b) In the event of an unscheduled shutdown employees will have the right to decide if they take vacation pay or leave without pay.

Section 12.04

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In the event that employees are required to work during the shutdown period, the affected employee(s) shall be permitted an alternate vacation period provided it does not affect the operation of the department and/ or plant.

Section 12.05

All employees shall take their vacation at a time to be approved by the Company. Although efforts will be made to accommodate employee preferences, it is understood that employees may not be allowed to take their entire vacation entitlement at one time.

Section 12.06

Vacations must be taken during the year in which they are due and cannot be accumulated nor carried over.

Section 12.07

Service for the purposes of this Article, shall be actual time worked with the Company. However, service will not be broken for vacation purposes and previous vacation entitlement shall be retained where an employee is on WSIB for up to twenty-four (24) months.

ARTICLE13

SENIORITY

Section 13.01

An employee shall be considered a probationary employee until he has actually performed forty-five (45) working days of work within the bargaining unit for the Company. During such probationary period, he will have no seniority rights, however, on the successful completion of the foregoing probationary period, he will become a seniority employee and will be credited with seniority. The parties hereto agree that the layoff or discharge of a probationary employee shall be deemed to be a matter outside the scope of this Agreement and shall therefore not be considered to be a dispute with respect to the interpretation, application, administration, or alleged violation of this Agreement and shall therefore be neither grievable nor arbitrable.

Section 13.02

No employee shall be disciplined or terminated except for just cause. Without limiting the meaning of just cause, it is understood that an employee shall lose all seniority and shall be deemed to be terminated for just cause, if he:

a) voluntarily quits the employ of the Company

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b) is absent without a legitimate reason for a period exceeding three (3) working days

c) is laid off for a period equal to his seniority or one (1) year, whichever is less

d) fails to return to work within five (5) days after receipt of a notice by registered mail to return to work

e) fails to return from a granted leave of absence or accepts work or employment while on a leave.

Section 13.03

It shall be the duty of employees to notify the Company promptly of any change of their address. If an employee shall fail to do this, the Company will not be responsible for failure of notice to reach such employee.

Section 13.04

A seniority employee shall accumulate seniority under the following conditions:

a) During absence due to WSIB not to exceed their length of continuous service but in no case shall his seniority accumulate for a period longer than twelve (12) months.

b) During a paid leave of absence granted by the Company.

Section 13.05

A seniority list containing the name and starting date of employees shall be prepared and posted in the plant every six (6) months on the bulletin board with sufficient copies for Stewards and the Business Representative. A seniority list containing names and addresses of employees as contained in the records of the Company will be prepared and forwarded to the Local Union office annually during September of each year.

Section 13.06

Where it becomes necessary to reduce the work force, employees with seniority within the affected job classification, will be laid off in reverse order of seniority providing. that the Company has the right to maintain at all times employees who are qualified to perform the job required. Probationary employees shall be laid off first.

Section 13.07

1. An employee affected by layoff displacement shall be entitled to exercise their seniority bumping rights in accordance with the following sequential procedure by displacing the most junior person:

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a) first, on a job they have last previously held through job posting and through subsequent job posting;

b) second, on a job they are qualified to perform an equal or lower wage classification provided it is understood that the Company is not required to provide training for the employees exercising their rights;

c) third, to the lowest classification in the plant, provided the employee is capable of performing the job.

2. It is understood that under any layoff/ displacement procedure the employee cannot select the job or the shift.

3. An employee will not be allowed to displace into or train for a job he/she had previously occupied or trained for and was unable to perform satisfactorily or withdrew from voluntarily.

Section 13.08

Recall:

Seniority employees will be recalled from layoff or displacement in order of seniority provided they are qualified to perform the work available.

Section 13.09 - Job Posting

a) When a permanent vacancy occurs in any category, the Company will post on the bulletin board in the plant, a notice indicating the title of the vacant job, the department in which the vacancy occurs and the qualifications essential to be selected for the vacancy. The original and first subsequent vacancy shall be posted for a period of seven (7) consecutive days to enable interested employees to apply for such posted jobs. In the event of a statutory holiday, one day will be added.

In selecting an employee for a job posting, the Company shall take into consideration seniority and qualifications to perform the job satisfactorily. Qualifications shall mean such factors relating to job performance as physical fitness, skill, ability and licenses (where required) and past record with the Company.

b) An employee may apply for and be successfully confirmed on a new job posting only once in any six (6) month period excluding temporary assignment/ transfers.

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c) Any successful applicant will be given a combined trial training period up to forty-five (45) working days at work. After successful completion, seniority rights for that job classification carrying a lower rate of pay provided he:

i) has been on the job from which he wishes to move down for at least six (6) months prior to his application;

ii) has more seniority than the other applicants;

iii) will agree that he shall not be entitled to apply through posting to return to the job he vacated until six (6) months have elapsed following his downward move; except in the case of temporary vacancies;

iv) is qualified to perform the work.

Section 13.10

Temporary Vacancies:

a) In the case of a temporary vacancy occurring, the Company may make a temporary assignment/ transfer.

b) In the case of temporary vacancy created by employees on weekly indemnity, WSIB, or Maternity Leave of Absence, the most senior qualified employee will be offered the opportunity to accept the original vacant position provided it does not interfere with the efficient operation of the plant. Any openings other than the original vacant position shall be filled at the Company's discretion.

c) Employees on temporary assignments/transfers will be returned to their previous classifications when such temporary vacancy terminates.

Section 13.11

Full-time summer students shall not be employed in job classifications from which bargaining unit members are on lay-off.

Section 13.12

An employee promoted to such a position for six (6) months or longer who subsequently returns to a position in the bargaining unit shall return with no seniority but with credit for all continuous service.

ARTICLE14

JURY DUTY

Section 14.01

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The Company agrees to authorize a written request for a leave of absence for jury duty submitted in advance as soon as possible and to reimburse such employee who may be called for jury duty at his straight time hourly rate covering his regular hours for actual time spent on such jury duty, provided the employee ensures that the fee usually paid for such attendance is remitted to the Company.

ARTICLE15

BULLETIN BOARD

Section 15.03

The Company will provide a Bulletin Board in the Cafeteria for the sole purpose of posting official Union notices. All such notices must be signed by the proper officer of the Local Union. The Union bulletin board shall be locked and the Business Representative and Shop Stewards will be given a key for access.

ARTICLE16

LEAVE OF ABSENCE

Section 16.01

The Company must consider an employee's request for a leave of absence without pay for a legitimate reason for up to sixty (60) days without loss of seniority, provided the employee makes the application in writing stating the legitimate reason for such leave of absence and the length of time and return date. If an employee asks for a leave of absence under this Section, and if such employee has any vacation coming to him, he must take such vacation before being considered on leave of absence. Such leave of absence shall be granted at the sole discretion of the Company.

Section 16.02

A ten (10) minute paid rest period shall be granted to all employee, during the first four (4) hours worked and a ten (10) minute rest period shall be granted to all employees during the second four (4) hours worked. An additional ten (10) minute paid rest period shall be granted to all employees who have worked more than two (2) hours of overtime in any one day, subject to the provisions of Section 10.2.

Section 16.03

The Company will grant upon request, up to three (3) days leave of absence with pay, in the event of death of the employee's spouse, legal guardian, spousal equivalent as defined in the Family Law Reform Act, father, mother, child, brother or sister; and one (1) day in the event of death of the employee's father-in-law, mother-in-law, brother I sister-in-law, grandparent or grandchild, provided that days of absence fall on

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scheduled regular working days of the employee. The employee shall put the reason for the request in writing, and appropriate documentation to be provided on request.

Section 16.04

The Company agrees to supply and maintain adequate sanitary facilities and a clean and sanitary lunchroom for the use of employees.

Section 16.05

The Company agrees to supply the mandated safety devices and enforce the safety rules in accordance with the laws of the Province of Ontario.

Section 16.06

When the Company requires regular non-prescription safety glasses to be worn, they shall be provided to the employee at no charge to the employee.

Section 16.07

The Company and the Union agree to abide by the provisions of the Occupational Health and Safety Act of Ontario.

Section 16.08

Pregnancy leave, parental leave, emergency leave and family medical leave will be provided in accordance with the provisions of the Employment Standards Act.

Section 16.09 -Abide by the Law

In the event that any portion of this agreement is invalidated by the passage of legislation or a ruling or regulation of a court or governmental agency of competent jurisdiction, such invalidation shall apply only to those portions thus invalidated and the remainder of the Agreement shall remain in full force and effect.

ARTICLE17

BENEFITS

Section 17.01

The following summary outlines the general benefit coverage available to eligible regular active employees who have completed their probationary period:

a) Life Insurance $20,000 per employee $2,000 for dependent spouse $1,000 for dependent children over 14 days

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b) Accidental Death and Dismemberment ($10,000 or according to schedule.)

c) Extended Health Plan ($25.00 deductible- year 2006). Effective January 01,2007 $0.00 deductible.

d) Weekly Indemnity Plan

e) Long Term Disability

f) Dental (60% Orth; 80% Other; no extensive restoration - percentages reflect current ODA rates)

g) Dentures (60% major restorative work)

h) Vision Care:

Section 17.02

Jan 1/2012 Jan 1/2013 Jan 1/2014

$250.00 every two calendar years $250.00 every two calendar years $275.00 every two calendar years

The Health and Welfare Plan is available to all eligible full time active employees following satisfactory completion of the probationary period. The Company will pay 60% of the cost of the premiums, except for Long Term Disability. Long Term Disability is paid 100% by the employees and is mandatory for all employees.

It is understood that the eligibility of employees to benefits under any of the benefit plans provided in the Company's Health and Welfare Plan is a matter between the employee and the insurance carrier. The Company's sole responsibility is to pay premiums where required, to ensure that coverage is in place. No grievance shall lie from an insurance carrier's decision to deny coverage.

Section 17.03- Weekly Indemnity

Subject to the plan and procedural requirements, weekly indemnity benefits commence on the first day of disability due to an accident, and on the eighth (8th) day of disability resulting from sickness (unless the employee is hospitalized in which case benefits will be retroactive to the first day of confinement). Benefits will be paid for a period of twenty-six (26) weeks. Benefit payments will be sixty-six and two-thirds percent (66 2/3%) of the employees straight time hourly earnings. Weekly Indemnity will not be paid to an employee on vacation or deemed to be on vacation.

Section 17.04

Following a waiting period of 210 days, the employee becomes eligible for long term disability benefits. Benefits will be equal to 66 2/3% of the employee's earnings to a

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maximum monthly benefit of $1,800.00. Benefits would be payable until the employee's

sixty-fifth (65th) birthday, provided the employee is disabled for that period of time.

Section 17.05

It is understood and agreed that all benefit plans or coverage provided under Article 17

(Health & Welfare) are subject to the terms and conditions of the master policy

agreement(s) with the insurance carrier(s) and the administrative policies and

procedures of the employer and the employee, and the employer selects or changes the

insurance carrier(s).

Section 17.06

The Company will supply three (3) pairs of safety shoes/boots allowance up to a

maximum of One Hundred dollars per employee, per year, during the three (3) year

contract period.

Section 17.07

The Company will supply three uniforms or coveralls, as applicable, to each employee

every eighteen months. Company uniforms must be worn.

Section 17.08

The Company will match employees contribution of 2.5% as of January 01, 2012, 2.5% as

of January 01, 2013, 2.75% as of January 01, 2014 to a group RRSP plan.

ARTICLE18

MEDICAL EXAMINATIONS

Section 18.01

When a medical examination is required by the Company, the following conditions

shall apply:

a) If any employee takes a medical examination during his normal working hours,

the employee shall be paid for the time involved and thus not lose any pay as a

result of his taking a medical examination and two (2) days notice will be given

the employee.

b) A report of the examination will be made available to the employee through the

doctor designated by the employer.

c) No employee shall be required to take the medical examination on a Saturday

unless the employee so requests and does so voluntarily. Employees shall be

paid the regular hourly rate.

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d) In the event that the Company is not satisfied with medical information provided by the employee's doctor, the Company may require that an employee undergo a medical examination by an independent doctor. In such cases, the Company shall pay any fee or expense related thereto. In such cases, the report of the examination will be made available to the employee and the Company.

ARTICLE19

TERMINATION OR MODIFICATION

Section 19.01

Unless mutually agreed to between the Company and the Union, this agreement shall continue otherwise in full force and effect for three (3) years from January 1, 2012 to December 31,2014. This Agreement shall continue automatically for annual periods of one (1) year each, unless either party notifies the other in writing within the period of ninety (90) days prior to the annual expiration date that it desires to amend the Agreement.

Section 19.02

If, pursuant to such negotiations, agreement is not reached on the renewal or amendment of this Agreement, or the making of a new Agreement prior to the current. expiry date, this Agreement shall continue in full force and effect until a new Agreement is signed between the parties or until conciliation proceedings prescribed by law have been completed, whichever date should first occur.

DULY EXECUTED by the parties hereto this I z_ day of lltr' / , 2012.

FOR THE COMPANY FOR THE UNION

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Appendix A- Wage Schedule

Effective Effective Effective January 1, January 1, January 1,

2012 2013 2014 lob Classification Start Max. Start Max. Start Max. Packer 13.18 14.09 13.58 14.51 13.92 14.87 Quality Control 13.68 14.70 14.09 15.14 14.44 15.52 General Labour 13.68 14.70 14.09 15.14 14.44 15.52 Operator 2 14.98 15.85 15.43 16.33 15.82 16.74 Operator 1 16.66 18.24 17.16 18.79 17.59 19.26 Operatio 1B 16.10 16.97 16.58 17.48 16.99 17.92 Electrician 22.86 24.34 23.55 25.07 24.14 25.70 Maintenance Technician 18.41 20.04 18.96 20.64 19.43 21.16 Maintenance Mechanic 19.77 21.22 20.36 21.86 20.87 22.41 Shipper Receiver 15.18 16.07 15.64 16.55 16.03 16.96 Head Shipper Receiver 16.86 18.45 17.37 19.00 17.80 19.48 Leadhand Journeyman 20.90 21.70 21.53 22.35 22.07 22.91

A leadhand shall receive a premium of 75¢ per hour, above his/her own job rate, except leadhand journeymen.

A certified member of the safety committee shall receive a premium of $.15 per hour above his /her own job rate.

A non certified member of the safety committee shall receive a premium of $.10 per hour above his/her own job rate.

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APPENDIX "A" CONTINUED

NOTES:

1. New hires are paid "start" rate. After satisfactory completion of the probationary period, employees receive "maximum" rate for classification.

2. The Company retains the right to assign or not assign leadhands. The Company will decide who will be leadhands and the number of leadhands. Leadhands are responsible for instructing, training, directing and otherwise leading employees in the group in the performance of their work. The leadhand is also responsible for the quality of the work performed by the group as well as the employee(s) in the group.

3. In the case of absence of the leadhand, the Company will select the employee who in its opinion is most qualified to cover and perform the duties and responsibilities as outlined above. The Company's selection shall be made on a fair and equitable basis with due regard to seniority.

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A MEMBER REMINDER ON WITHDRAWALS

Before a Withdrawal can be issued, the International Constitution and Local Union By-Laws require that a member has paid all financial obligations to the Union.

WITHDRAWALS will, in future, be issued on request for the following reasons:

1.) If you are LAID OFF 2.) if you TERMINATE YOUR EMPLOYMENT 3.) if you are DISCHARGED 4.) If you are on SICKNESS OR INJURY 5.) if you are on WORKERS' COMPENSATION 6.) if you are on PARENTAL LEAVE 7.) if you are on AUTHORIZED LEAVE OF ABSENCE

It is the sole responsibility of the member to apply for a Withdrawal immediately he or she is to be off work for any of the above reasons. Before the Withdrawal can be issued the member must have paid all dues or other financial obligations including the dues for the month in which the Withdrawal is applied for. The application must be sent within 2 weeks by the member directly to the Union office either in person, by mail, or fax.

The application for a Withdrawal is self-explanatory, but all information needs to be completed.

Please follow this procedure so that you will always be in good standing in the Local Union. Withdrawal application forms are available from your Steward, the Union Office or downloaded online from our website at www.teamsters938.org.

PLEASE REMEMBER APPLYING FOR A WITHDRAWAL IS THE SOLE RESPONSIBILITY OF THE MEMBER.

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