TEAMSTERS CANADA RESEARCH DEPARTMENT CANADA … · -Cost-of-Living Allowance: YES - Insurance Plan: - Pension Plan: YES YES NOV NO~ ... all claims which may arise in complying with

TEAMSTERS CANADA AGREEMENT REPORT FORM

RESEARCH DEPARTMENT TEAMSTERS CANADA

Local Union No.: _L-"+_I_c.....:\ __ _

Subsidiary of Division of: -------------------------::-----Is this a first agreement with the TEAMSTERS? YES NO / If "no', mention the local number (other than yours) _______________ _ Nature of business: ~&-P 7---f rf' lA.Jf"-lf~A·:c,;e . TITAN Employer No. OC-0 10 .~ bC;Oq-Duration of agreement: EFFECTIVE DATE: _..:.....1"1-'-1\=o..n:=m=-' --'---.::.)...---'b=-· ··-+~~·)-""--. _;e=--·=c_;=-c._,_1 ___ _

EXPIRATION DATE: _\!_!:'ll'--!.L('~~Y'"""""'d""-·~..::..~.-'1.J-:'--S>L. /.,.--!-~~o.:::.···-'-1 -=:d--:__ __ _ Total employed by the company: __ _ Male members: ___ Female members: __ _ Please specify Trade & Division: ________ _

Provincial jurisdiction: ___ _

Federal jurisdiction:

Does this agreement contain one of the following clauses?

-Cost-of-Living Allowance: YES

- Insurance Plan:

- Pension Plan:

YES

YES

NOV

NO~ NOd_

If this agreement covers a specific bargaining unit, please specify:

In the case of an Association of Employers, please attach a list of the company, members of said association, along with their addresses and number of employees involved.

Please attach a copy of the agreement and send to:

Elaine Boivin, Research Department Teamsters Canada #804- 2540 Daniel-Johnson Laval QC H7T 2S3

2540, Daniel-Johnson# 804, Laval (Quebec) Canada H7T 253 T (450) 682-5521 F (450) 681-2244 www.teamsters-canada.org

Affiliated with the International Brotherhood of Teamsters Affiliee a Ia Fraternite internationale des Teamsters

Collective Agreement Between

Teamsters Local Union No~~ 419

(hereinafter referred to as the Union)

And Imperial Cold Storage

(hereinafter referred to as the Company)

March 26, 2009 to March 25th, 2012

.:mrt------------------------~1!-. .. ... ~ ·.:,

Teamsters Local 419 and Imperial Cold Storage

ARTICLE 1

ARTICLE2

ARTICLE3

ARTICLE4

ARTICLE 5

ARTICLE6

ARTICLE 7

ARTICLE 8

ARTICLE 9

ARTICLE 10

ARTICLE 11

ARTICLE 12

ARTICLE 13

ARTICLE 14

ARTICLE 15

ARTICLE 16

ARTICLE 17

ARTICLE 18

ARTICLE 19

ARTICLE 20

APPENDIX "A"

APPENDIX "B"

PURPOSE OF AGREEMENT ........................................................ !

SCOPE AND RECOGNITION ....................................................... !

RESERVATIONS TO MANAGEMENT ....................................... 2

UNION SECURITY ........................................................................ 2

REPRESENTATION ....................................................................... 3

GRIEVANCE PROCEDURE ......................................................... .4

ARBITRATION .............................................................................. 6

STRIKES AND LOCKOUTS ......................................................... 7

CLASSIFICATIONS, RATES OF PAY AND SPECIAL

ALLOWANCES ............................................................... : .............. 7

HOLIDAYS ..................................................................................... 9

VACATIONS ................................................................................ 10

SENIORITY .................................................................................. 12

JOB POSTINGS, PROMOTIONS, TRANSFERS ........................ 16

LEAVE OF ABSENCES ............................................................... 17

HEALTH AND WELFARE .......................................................... 18

HOURS OF WORK AND OVERTIME ....................................... 19

NO DISCRIMINATION ............................................................... 21

BULLETIN BOARD ..................................................................... 21

HEALTH AND SAFETY .............................................................. 21

DURATION OF AGREEMENT ................................................... 22

JOINT LABOUR/MANAGEMNT MEETINGS .......................... 23

TEMPORARY EMPLOYEES ...................................................... 25 LETTER OF UNDERSTANDING #1 VISION CARE .................................................... 26 LETTER OF UNDERSTANDING #2 LUMPING WORK .............................................. 27

Teamsters Local Union No. 419 and Imperial Cold Storage 2009-2012 t

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2.06

The Company agrees not to enter into any agreement or contract with its employees, individually or collectively, which in any way conflicts with the terms and conditions ofthis Agreement.

Temporary employees shall be covered under the terms of Appendix "B" to this Collective Agreement.

ARTICLE 3- RESERVATIONS TO MANAGEMENT

3.01 The Union recognizes the right of the Company to hire, lay off, discipline, discharge for cause, promote, demote and transfer any employee, to manage its business in all respects and to direct its working force, subject to the terms of this Agreement, and to make and alter from time to time Rules and Regulations which are just and fair.

ARTICLE 4 -UNION SECURITY

4.01

4.02

4.03

4.04

All employees who are presently employed by the Company must, as a condition of employment, become and/or maintain their Union membership in good standing. For the purposes of this Agreement, the sole definition of membership in good standing means that they must pay in accordance with the provisions of this Agreement, the regularly prescribed initiation fee, regular monthly Union dues, and periodic assessments uniformly required of all members in the bargaining unit.

New employees shall make application for Union membership on cards supplied by the Union prior to the completion of their probationary period and the Company will forward their Membership Application cards to the Union following their probationary period.

The Company agrees to deduct Union m1tmtwn fees and monthly dues as specified in the Union Constitution from each eligible employee and remit monthly the monies so deducted to the Secretary-Treasurer of the Union. The Secretary-Treasurer of the Union shall notify the Company by letter of any change in the amount of Union dues, and such notification shall be the Company's authority to make the deductions specified.

The Company will, at the time of making each remittance hereunder to the Secretary-Treasurer of the Union, update the Union's Pre-Billing statement showing the following information from whose pay deductions have been made:

(a) All monthly dues for members to be submitted with current address, postal code and Social Insurance Number.

2

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4.05

4.06

(b) Twelve (12) checkoffs per year (calendar month).

(c) Monthly:

New members to be listed in alphabetical order with current address, postal code, Social Insurance Number and date of hire.

Terminations or resignations to be clearly identified with current address, postal code, Social Insurance Number and date of termination or resignation.

Addresses to be updated as well as name changes i.e. marriage.

The Company will list the annual regular Union dues paid by each employee on his Income Tax T-4 Statement.

The Union agrees to indemnify the Company and save it harmless against any and all claims which may arise in complying with the provisions of Article 4.

ARTICLE 5- REPRESENTATION

5.01

5.02

5.03

5.04

The Union may appoint or elect, and the Company shall recognize, the following Stewards: One (1) afternoon shift steward and one (1) day shift steward.

The Union shall advise the Company in writing of the names of the Stewards, who shall be employees who have completed their probationary period, at the time of signing of the Agreement and within five (5) days of any change of employees selected to so act during the term of the Agreement.

The Union acknowledges that the Stewards have regular work to perfmm and that they shall only absent themselves from such work with the permission of their Supervisor, which permission shall not be unreasonably withheld, and upon resuming their regular duties, they shall again report to their Supervisor. The Stewards shall not lose pay for time spent during their regular scheduled working hours assisting in the presentation of any grievances that may arise. For time spent outside their regular scheduled working hours, Stewards will be paid at straight time rate.

An authorized representative of the Union shall have access to the Company's establishment when in the accompaniment of an authorized official of the Company during working hours for the purpose of adjusting disputes, provided that the pennission of the Company is obtained beforehand, such permission not to be unreasonably withheld.

3

5.05

5.06

5.07

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The Company shall pay, at their normal rate of pay, for one (1) full shift (on each occasion), a maximum of employees on the Union negotiating committee for time spent negotiating the renewal of this Agreement with the Company.

The Company agrees to recognize any employees, selected by the Union Stewards, to act as alternate Stewards to assist in the presentation of any proper grievances that may arise, in the event that the Steward is absent from work.

Should the Company implement a night shift, the Company shall recognize an additional steward to represent the night shift.

ARTICLE 6- GRIEVANCE PROCEDURE

6.01

6.02

6.03

6.04

6.05

The Company and the Union agree that it is the purpose of the grievance procedure to amicably and fairly settle any complaints and disagreements concerning the employees, the Union, and the Company, without, so far as possible, resort to arbitration. The parties further agree that the settlement of any grievance shall not conflict with the provisions of the Agreement, and that it is of the utmost importance to adjust complaints and grievances as quickly as possible.

It is the mutual desire of the pmiies that complaints of employees shall be adjusted as quickly as possible, and it is agreed that an employee has no grievance until he has first given the Company the opportunity to adjust his complaint.

Any grievance arising over the administration, interpretation or alleged violation of this Agreement shall be submitted in writing, in triplicate on forms supplied by the Union and signed by the grievor or grievors. Such grievance must be submitted within thi1iy (30) calendar days from the occurrence of the incident giving rise to the grievance. There shall be an earnest effort on the part of both parties to settle such grievance promptly through the following steps:

STEP ONE

By a conference between the aggrieved employee and his Supervisor; the employee shall be accompanied by his Steward. The employee's Supervisor shall give his decision in writing within five (5) working days.

STEP TWO

Within five (5) working days after the decision of Step One has been or should have been given, the employee shall present the written grievance to the Manager, or a person or persons designated by him to handle such matters at Step Two. The Manager or his designate shall schedule a meeting to be held within ten (1 0) 4

6.06

6.07

6.08

6.09

6.10

Teamsters Local Union No. 419 and Imperial Cold Storage 2009-2012

working days from the time when such grievance was presented to him, or his designate.

At the Step Two meeting, the employee shall be accompanied by his Steward, and the Manager, or his designate, may be accompanied by officials of the Company. The Business Representative of the Union shall be present at the meeting. The Manager, or his designate, shall give a decision in writing on behalf of the Company within five (5) working days immediately following the date of such meeting.

A Union policy grievance or a group grievance which is defined as an alleged violation of this Agreement concerning the Union as such or all or a substantial number of employees in the bargaining unit in regard to which an individual employee could not grieve may be lodged by an authorized representative of the Union in writing with the Company at Step 2 of the grievance procedure at any time within fifteen ( 15) full working days after the circumstances giving rise to such grievance occurred or originated, and if it is not satisfactorily settled it may be processed to arbitration in the same manner and to the same extent as the grievance of an employee.

Any grievance which arises directly between the Company and the Union concerning the interpretation, application, administration or alleged violation of the provisions of the Agreement may be submitted by either of the parties to the other. Notice of the grievance shall be in writing within ten (1 0) working days of the occurrence of the matter giving rise to the grievance. The Manager, or his designate, shall schedule a meeting between the pmiies to be held within ten (1 0) working days after notice has been given by either of the parties to the other. The decision of the party being grieved against shall be given in writing within ten (1 0) working days following the date of such meeting. If no settlement is reached, the grievance may be referred to arbitration in accordance with the provisions of Article 7 of the Agreement.

The Company shall, from time to time, notify the Union in writing of the names of the Company representatives and designated alternates appointed for purposes of the grievance procedure.

Each step to be taken under the grievance procedure and any reference to arbitration shall be taken within the time limits set forth in Article 6 or Article 7.

Any and all time limits set forth in A1iicle 6 for the taking of action by either party or by an employee may be extended at any time by mutual agreement of the parties, which shall be confirmed in writing.

5

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6.12

6.13

6.14

6.15

If the Company suspends or discharges an employee, it shall notify both the employee concerned and the Steward, in writing, within two (2) working days, giving the reasons for such discharge or suspension.

If an employee who has acquired seniority believes that he has been discharged or suspended without just cause, the grievance shall be presented at Step Two within five (5) working days after notice has been given to the employee and the Steward. If a suspension is grieved, the Company may elect not to put the suspension into effect until the grievance is settled, abandoned, or determined by reference to arbitration.

If the employee is discharged, such discharge will take effect immediately upon the employee receiving notice thereof, except the employee shall have the right to a ten (1 0) minute interview with his Steward, then he will immediately leave the premises.

A Steward shall be present at any disciplinary meeting regarding verbals, written warnings, suspensions and discharges.

Any action or decision in respect of any employee shall not be based on any item in his personnel record which has been on file for more than twelve (12) months.

ARTICLE 7- ARBITRATION

7.01

7.02

7.03

Failing settlement under Step 2 of any grievance between the parties arising from the interpretation, administration, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be taken to Arbitration as hereinafter provided. If no written request for Arbitration is received within twenty (20) working days after the decision in Step 2 is given, the grievance shall be deemed to have been abandoned without prejudice.

The written notice referred to in Article 7.01 shall contain the names of three (3) proposed arbitrators. The recipient of such notice shall agree to one (1) of the above-mentioned arbitrators or propose the names of three (3) different arbitrators in the written reply thereto. If the parties fail to agree upon an arbitrator, the arbitrator shall be appointed by the Minister in accordance with the Labour Relations Act.

The arbitrator appointed shall hear and detennine the matter and shall issue a decision which shall be final and binding upon the pmiies and upon any employee affected by it.

6

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7.05 The parties will each pay one-half of the remuneration and expenses of the arbitrator selected by the parties or appointed by the Minister.

7.06 Any and all time limits fixed by Article 7 for the taking of action by either party may be extended at any time by mutual agreement of the pmiies, which shall be confirmed in writing.

ARTICLE 8- STRIKES AND LOCKOUTS

8.01 The Union agrees that there shall be no strike and the Company agrees that there shall be no lockout during the term of this Agreement. The words "strike" and "lockout" shall be as defined in the Labour Relations Act.

8.02 It shall not be a violation ofthis Agreement, however, for the employees covered hereunder to refuse to cross a picket line established in support of a lawful strike.

8.03 It shall not be a violation of this Agreement for an employee to refuse to receive goods of any employer who is engaged in a lawful strike, except for goods the Compm1y is committed to receiving providing such goods were bought before the strike, and are in transit to the Company. The Company agrees that it shall not overstock any goods in order to avoid this clause.

ARTICLE 9- CLASSIFICATIONS, RATES OF PAY AND SPECIAL ALLOWANCES

9.01 (a) The following straight-time hourly rates shall be in effect during the term of this Agreement for all employees hired after ratification of this Collective Agreement.

WAREHOUSE PERSON:

DATE 0-12 12-24 24-36 36+ MONTHS MONTHS MONTHS MONTHS

APRIL 1, 2009 $15.25 $16.05 $18.70 $20.00 APRIL 1, 2010 $15.55 $16.35 $19.00 $20.30 APRIL 1, 2011 $15.85 $16.65 $19.30 $20.60

MAINTENANCE PERSON:

APRIL 1, 2009 APRIL 1, 2010 APRIL 1, 2011 $22.50 $22.80 $23.20

7

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9.02

9.03

A signing bonus of five hundred ($500.00) dollars cash will be paid out to all full-time employees working at the Company at the date of ratification. Payment will be made by November 20, 2009.

(b) Any employee who is assigned to an "afternoon" shift shall receive a shift premium of forty ($0.40) cents per hour for all hours worked on each such shift. Any employee who is assigned to a "night" shift shall receive a shift premium of forty ($0.40) cents.

(c) For all purposes herein, any shift which during the regular work week starts:

(d)

at or after 12:00 noon and before 6:00p.m., shall be an "afternoon shift" and shall be deemed wholly and only to be a shift on the day on which it starts,

at or after 6:00 p.m. and before midnight, shall be a "night shift" and shall be deemed wholly and only to be a shift on the day immediately following the day on which it starts,

at or after midnight and before or at 4:00 a.m., shall be a "night shift", and any other shift shall be a "day shift".

The Company maintains the right to appoint a lead hand from time to time. The employee appointed to lead hand shall receive an hourly premium of fifty cents ($0.50) per hour for all hours worked. As of March 26, 2007 the premium shall be increased to one dollar ($1.00) per hour.

If the Company wishes to introduce new shifts, they shall negotiate such changes with the Union. If the parties fail to agree on such new shifts within five (5) working days, either party may refer the matter to interest arbitration, pursuant to Article 7, and the new shift shall not be implemented prior to an arbitration decision.

When new work is required for which there is not a suitable classification established by this Agreement, the Company shall notify the Union in writing to this effect and shall negotiate an appropriate classification and rate with the Union. It shall be open to the Union to allege in writing at any time that there is new work and the Company shall discuss the matter with the Union. Where the matter is not disposed of between the Company and the Union, it may be referred to interest arbitration by either party pursuant to Article 7 hereof.

During any time that the matter remains in dispute, the Company will continue to assign the work in question and the employee to whom it is assigned shall be

8

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9.04

9.05

9.06

9.07

9.08

continued at the regular rate he held immediately prior to such new or allegedly new work assigned. Any change of rate resulting from the final disposition of the matter shall be effective on the date the Company notified the Union in writing of new work, or on the date the Union alleged in writing that new work had been introduced.

Employees shall be paid every two (2) weeks during working hours, the company does not hold back any pay. Employees shall receive a statement listing straight time hours worked, and overtime hours worked, together with all deductions.

The Company will pay mmually, a safety shoe allowance of One Hundred and fifty ($150.00) Dollars to be paid on or about each anniversary of the seniority date of any employee, and the amount paid shall specifically and separately be set out on the pay slip. The first such allowance shall be paid upon request, on or about the date the employee attains seniority.

An employee who works two (2) hours or more outside of his scheduled shift shall be paid a meal allowance of Six ($6.00) Dollars.

The Company will issue protective clothing to all full-time Freezer workers. This clothing shall include a freezer suit and special freezer mitts and/or gloves. The company shall provide new suits when replacing old ones, and will pay for the cleaning costs of such suits where applicable. This clothing is to remain the property of the Company and shall not be removed from the premises. Employees are responsible for and are expected to exercise care in the use and protection of this clothing. Failure to do so may result in disciplinary action.

The Company shall replace any tool(s) damaged or lost that are required by the Maintenance person in performing his responsibilities on behalf of the company. Any tools the Company purchases remain the property of the Company.

ARTICLE 10 -HOLIDAYS

10.01 The following Statutory Holidays will be granted to each employee who has served his probationary period:

New Year's Day Good Friday Victoria Day Canada Day Civic Holiday (August)

9

Labour Day Thanksgiving Day Day before Christmas Christmas Day Boxing Day Day before New Year's

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and for each Holiday, the Company shall pay to each eligible employee an amount equal to one (I) day's pay at the gross rate, plus, when applicable, the shift premium or Lead Hand premium .. In addition to the foregoing Holidays, the Company shall provide one (1) floating day Holiday, to be taken during the contract year at the choice of the full-time employee, subject to one (I) week's advance notice, provided it does not conflict with the Company's need to maintain an efficient work force.

Effective April 1, 2010, each employee will be entitled to one and one-half (I ~ ) floater days (twelve [12] hours).

Effective April 1, 2011, each employee will be entitled to two (2) floater days.

1 0.02 All employees, including part-time, will be entitled to holiday pay and/or public holiday pay. To qualify an employee must have worked a regular scheduled shift before and after the holiday.

10.03 (a) Where a Statutory Holiday falls during an employee's vacation period, the employee shall receive, at the option of the employee, another day off with pay in lieu thereof at a time to be selected by mutual agreement or an extra day's pay.

(b) Where the Holiday falls on an employee's scheduled day off and provided that the employee qualifies under Article 1 0.02, the Company shall pay the employee his regular straight time hourly rate for the paid Holiday, or with the agreement of an employee, may substitute another working day for the paid Holiday. The day so substituted shall not be later than the next annual vacation of the employee and shall be deemed to be the paid Holiday.

ARTICLE U- VACATIONS

11.01 The Company will grant all employees to whom this Agreement is applicable a vacation period. Choice of vacation periods will be based on seniority, provided it does not conflict with the Company's need to maintain an efficient work force. Vacations due in any year must be taken in the calendar year and, based upon their seniority, employees shall have the right to take one (1) week or all weeks of their vacation at one time, within the calendar year.

11.02 The basis for payment of vacation pay and length of vacation will be as follows:

10

11.03

11.04

11.05

11.06

11.07

11.08

Teamsters Local Union No. 419 and Imperial Cold Storage 2009-2012

Length of Service at January 1

Less than one ( 1) year

One (1) year but less than five (5) years

Five (5) years but less than ten (1 0) years

Ten (1 0) years but less than fifteen (15) years

Vacation Entitlement

One (1) day's vacation with pay for each full calendar month of employment up to a maximum of nine (9) days with vacation pay of four percent (4%) of eamings in the previous calendar year

Two (2) weeks

Three (3) weeks

Four (4) weeks

Vacation pay shall be at the rate set out under the Employment Standards Act, for the qualifYing year at 4% of total wages per employee, for the first two (2) weeks and 2% for each and any additional weeks.

Any employee who was prevented from taking his vacation during the calendar year due to illness or accident and who will not retum to work by the end of the calendar year (and who has not refused modified work) shall, upon his giving the Company thirty (30) days' notice if possible, receive his vacation pay not later than December 31st of that year, and only if he has worked in the qualifying year.

An employee leaving on vacation will receive his vacation pay together with his regular pay on the last regular day before his vacation commences.

An employee who draws benefits for Workers' Compensation, Short or Long Term Disability insurance shall, for the purpose of calculating vacation pay, be considered as having worked a standard work week of gross rate for each week of such benefit period until the end of the calendar year, providing he has worked in that calendar year.

Eamings for the purpose of this Article shall be those shown on the T -4 Income Tax form.

All submissions for vacation shall be made in writing on fonns supplied by the Company before March 31st for the following nine (9) month period. These applications will be processed and approved subject to seniority provisions and

11

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posted by April 1st. These approvals cmmot be changed without the consent of the affected employees.

Submissions received after Mm·ch 31st must be made in writing at least two (2) months in advance of vacation and approvals will be posted one (1) month in advance of vacation, subject to operational requirements. No seniority rights shall apply after March 31st in choosing of vacation time.

11.09 In the event of a conflict arising between two (2) or more employees as to when they take their vacation, the most senior employee shall have the preference.

11.10 An employee who leaves the employment of the Company for any reason prior to December 31st shall receive vacation credits earned as per Article 11.

ARTICLE 12 - SENIORITY

12.01 Seniority shall be as defined in Article 12.02 hereof and shall be recognized on a bargaining unit wide basis, except as herein otherwise specifically stated.

12.02 New employees will be considered as probationary employees for the first ninety (90) working days of their employment and the discharge of any such employee shall be at the sole discretion of the Company. In the event a part-time employee is hired to a full-time position of the same requirements and department as those of his nonnal pmi-time assignments, the probationary period shall be waived.

12.03

Following completion of the probationary period, an employee shall have his naiTie placed on a seniority list and he shall have seniority dating from the date of commencement of his most recent period of employment in the bargaining unit and since which date, there has not been loss of all seniority pursuant to 12.12 hereof.

(a) In the event of lay-off, semonty will dete1mine the employees to be retained, skill and ability being sufficient. Employees being displaced due to a lay-off or job elimination will exercise their seniority in order of seniority. Only an employee bumped from his shift or classification shall be eligible to exercise his seniority in accordance with the above. When bumping into a High Lift truck operator's position, the employee must pass the prescribed Company and MOL test with 75% pas for said position ..

(b) The Company shall give seniority employees at least one (1) week's notice of lay-off or pay in lieu thereof and if the period of lay-off is expected to

12

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12.04

12.05

12.06

12.07

exceed thi1ieen (13) consecutive weeks, the Company shall give two (2) weeks' notice of lay-off or pay in lieu thereof for seniority employees with two (2) years of service or more, or shall give notice under the Employment Standards Act, whichever is the greater. Such notice shall not apply in any case where an employee is displaced upon the retum to work of another employee whom he was replacing.

(c) A laid-off employee shall be provided the following Benefits coverage for a period of one (1) month following the day of lay-off, which will not exceed one week after which it will be considered permanent:

*

*

*

*

*

Group Life and Accidental Death and Dismembennent Insurance

Prescription Drugs

Major Medical

Vision Care

Dental

Employees who have not forfeited their seniority rights as hereunder provided shall be recalled in order of seniority, skill and ability being sufficient.

If an employee is transferred from one department to another, there shall be no loss of seniority.

A Master seniority list shall be placed on the bulletin board and will be revised by the Company every three (3) months. Copies of these lists shall be forwarded to the Union office.

Where bargaining unit employees are on lay-off and the Company effects a temporary recall of said employees, the Company shall be permitted to subsequently effect a lay-off of said employees without notice. Recall of such employees must be done in the presence of a Steward or, in his absence, a seniority employee, and employees shall be given an estimate of the length of recall. Temporarily recalled bargaining unit employees shall be govemed by the following conditions:

(a) When temporarily recalled, employees shall be paid the appropriate rate of pay for the classification in which they are working.

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12.08

12.09

(b) A temporarily recalled seniority employee who works a minimwn of ninety (90) hours in a calendar month shall qualify for the benefits listed in Article 12.03 (c) ofthe Collective Agreement, in the subsequent month.

(c) A temporarily recalled seniority employee who works a minimwn of ninety (90) hours in a calendar month shall be deemed to have been recalled solely for the purpose of retaining his seniority as provided in Article 12 ofthe Collective Agreement.

In the event a sufficient number of qualified laid off employees do not elect to work available hours to meet the Company's staffing requirements, part-time employees may be used, failing which the Company may have the work completed by whatever means it deems appropriate.

When an employee is transferred or promoted to a position outside the bargaining unit, he will retain his seniority and continue to accumulate seniority for a period not to exceed ninety (90) calendar days from the date of such transfer or promotion. After such ninety (90) calendar day period, the employee shall not have any seniority under this Agreement.

Should the employee return to the bargaining unit within a period of ninety (90) calendar days, and there is then no vacancy which, by reason of his seniority, he is entitled to fill, he may displace the employee with the least seniority, provided he has the skill and ability to do the work of the junior employee. In the event of such displacement, the senior employee will be reclassified into the job classification of the junior employee and be paid the rate of such job. Any employee returned to the bargaining unit following a transfer pursuant to this Article 12.12 shall qualify for benefits under this Agreement, based on his total continuous service with the Company.

12.1 0 Notwithstanding their seniority status, Stewards will be continued at work on their own shift as long as work is available which they are qualified and able to do. Where there is more than one Steward, the Steward's Company seniority will determine his preferential position for lay-off.

12.11 It shall be the duty of the employee to notify the Company promptly of any change of address. If the employee fails to do so, the Company shall not be held responsible for failure of notice to reach such employee.

12.12 Seniority rights and employment shall cease for any of the following reasons:

( 1) if an employee quits or retires;

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Teamsters Local Union No. 419 and Imperial Cold Storage 2009-2012 E A & @iii t @ # Hi¥ f# *" Hfi!Wf& & i & 4 § ¥ id\1 §&9§ & 1@1

'

(2) if an employee is discharged and the discharge is not reversed through the grievance procedure;

(3) has been absent from work for more than three (3) working days without notifying the Company and providing a reasonable explanation for this absence, unless the failure to notify the Company is due to circumstances beyond the employee's reasonable control;

(4) fails to return to work promptly upon te1mination of an authorized leave of absence, unless the failure to return promptly is due to circumstances beyond the employee's reasonable control;

(5) failure of an employee to report for work within one (1) week when recalled failure of the employee to inform the Company within three (3) working days of recall that he will report for work, unless he has a bona fide reason; notice to return to work shall be in writing and shall be deemed to be sufficient if sent by registered mail or telegram to the employee's last known address on file with the Company. When work of a temporary nature of a continuous four (4) weeks or less becomes available while seniority employees are on lay-off and they are recalled, they shall have the right to refuse or accept such temporary work without affecting their seniority status under this Agreement.

(6) if a seniority employee is laid off for a period in excess of twelve (12) months;

(7) utilizes a leave of absence for purposes other than those for which the leave of absence was granted;

12.13 In the event an employee is displaced from employment as a result of a closure or a pennanent lay-off, he will receive:

Time With Employer Notice Period or Termination Pay 1) Less than 3 months 0 2) 3 months, but under 1 year 1 week 3) 1 year, but under 3 years 2 weeks 4) 3 years, but under 4 years 3 weeks 5) 4 years, but under 5 years 4 weeks 6) 5 years but under 6 years 5 weeks 7) 6 years, but under 7 years 6 weeks 8) 7 years, but under 8 years 7 weeks

15

Teamsters Local Union No. 419 and Imperial Cold Storage 2009-2012 fffifft!%& R a 8 W t PAM H %9 iEWf§ .rll

I 9) I 8 years, but under 9 years I 8 weeks

The following benefits for a period of one (1) months, if the employee has less than two (2) years, and two months for employees with more than six (6) years.

e Group Life and Accidental Death and Dismemberment Insurance;

• Company's Extended Medical Plan;

When the employee commences work elsewhere and received health care benefits that take effect before the expiry of the Company's above benefits, the employee shall immediately notify the company ofthe effective date of new coverage.

ARTICLE 13 - JOB POSTINGS, PROMOTIONS, TRANSFERS

13.01 Any permanent vacancy in the bargaining unit shall be posted on the bulletin board for a period of three (3) working days, and employees shall have the right to bid for the position. Employees absent for any reason will be given an additional tlu·ee (3) working days to bid for the position. Thereafter, the Company will have three (3) working days to fill the job.

13.02 The successful applicant(s) shall be given a one (1) week familiarization period on the job bid for. Thereafter, an employee, due to his inability or unwillingness to perform the work required, may elect to return directly or may be returned directly by the Company to the job he held immediately prior to such transfer, together with all other employees who have moved as a result of the filling of the posting. If there is no successful applicant(s), the Company will hire a person to fill the job posting.

13.03 Vacancies resulting from the filling of the first vacancy will not be posted, but will be automatically filled by the Company transferring the senior employee who has the ability to perform the work, provided that the senior employee is agreeable to such transfer.

13.04 Permanent full-time openings may be filled for a temporary period not to exceed twenty (20) working days except where otherwise agreed between the Company and the Union.

13.05 When filling a permanent vacancy by promotion, by demotion or by transfer, skill and ability being sufficient, seniority shall be the governing factor.

13.06 An employee temporarily transferred to another classification will receive his own rate or the rate for the other classification, whichever is the higher.

16

13.07

13.08

13.09

13.10

13.11

13.12

Teamsters Local Union No. 419 and Imperial Cold Storage 2009-2012

Notwithstanding anything to the contrary in this Agreement, where an employee elects voluntarily to be downgraded, he shall be paid the rate for the classification to which he is downgraded.

When the Company fills a vacancy resulting from the first posting, all Stewards will be given the name of the transferred employee.

Any employee who has successfully bid under this Article shall not be entitled to bid on a posted job for six ( 6) months from the date of his successful bid, unless it is to better himself.

Any job which is vacant because of illness, accident, vacation or leave of absence shall not be deemed to be vacant for the purpose of this Article.

Job assignments or temporary transfers within classification and shift shall be offered on a top down seniority basis. Where there is not an acceptance by a qualified employee, the least senior qualified employee shall be transferred, provided no qualified casual employee is available.

An employee on the afternoon shift or the night shift shall have the right to transfer by seniority to the day shift, ability being sufficient, for vacation replacement, leave of absence replacement, or for illness or accident of more than ten (1 0) working days, providing that a sufficient number of qualified employees remain on the shift from which he transfers to enable the Company to operate efficiently.

ARTICLE 14- LEAVE OF ABSENCE

14.01

14.02

14.03

Leave of absence with pay to attend union conferences or seminars will be granted to the stewards up to 5 days in any one calendar year. Applications for such leave of absence shall be made by the union in writing at least two (2) weeks prior to the requested leave.

The Company may grant leave of absence without pay for up to one (1) month if an employee requests it in writing from the management and if the leave is for good reason and does not unreasonably interfere with the efficient operation of the business. Employees on such leave will be maintained on applicable benefit plans.

For purposes of accepting full-time employment with the Union, the Company shall grant an employee a leave of absence of not less than six (6) months and not

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14.04

14.05

14.06

more than twenty-four (24) months, without pay and benefits and without loss of seniority and with accrual of seniority.

The Company will act within the new Employment Standards Act as set out for Pregnancy Leave.

In the event an employee shall suffer death of his immediate family, (parent, spouse's parent, spouse, children, brothers, sisters or fonnal legal guardian) he shall be granted a leave of absence extending from the date of death to and including the date of the funeral. Such employees shall be paid for each regularly scheduled day of work that occurs during such leave at eight (8) hours at his regular straight time rate subject to a maximum payment for three (3) days, provided the employee attends the funeral. At the request of the employee, such leave of absence may be extended without pay, to a maximum of fourteen (14) days in total.

In the event of the death of an employee's grandparent, spouse's grandparent, sister-in-law, brother-in-law, and grandchildren, the employee shall be granted a leave of absence with pay for one ( 1) day if required to attend the funeral, provided the employee does attend the funeral.

Any employee covered by this Agreement who is required to serve on a jury or as a "Crown Witness" shall be deemed to be a "day shift" employee for those days he is required so to serve, and shall receive pay at his regular hourly rate for any regular straight time working hours lost as a direct result of such service, reduced by any and all payments he receives for such services, to be paid to the Company immediately upon receipt, providing:

(a) that he notifies the Operations Manager no later than one (1) working day immediately following receipt of notice to serve; and

(b) that he furnishes the Company with ce1iification by proper authority of the dates and times served and of any and all payments received for such service.

ARTICLE 15- HEALTH AND WELFARE

15.01 Health Benefits shall be arranged by the Company for semonty employees, subject to the terms and conditions of the master policies or contracts in force from time to time, which shall form part of this Collective Agreement. The company shall have the right to make arrangements for the replacement of such master policies or contracts, provided that the benefits are maintained.

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15.02 Employees who have completed their probationary period will receive 32 hours paid sick time in each contract year (January 01 to December 31) on the following terms:

i) Payment for such sick days shall be at the rate of 100% of the employee's regular wages for the day following a two (2) day waiting period.

ii) Employees shall receive payment for any unused sick days in each contract year at the rate of 100% of the employee's regular wages for each unused sick day, to be paid the first pay period in January each year.

iii) Should the company request any medical reports, notes and/or letters, the company shall pay any cost associated with such requests.

ARTICLE 16 -HOURS OF WORK AND OVERTIME

16.01 (a) The standard work week shall consist of five ( 5) consecutive days of eight (8) hours each, Monday to Friday, and there shall not be any rotation of shifts.

(b) If the Company desires to introduce new shifts, stmi times or workweeks, it will advise the Union as soon as possible and in any event, at least two (2) weeks in advance of such change. The company will negotiate such changes with the Union. In the event the parties cannot reach agreement within five (5) working days, the company shall have the right to implement the changes and either party may refer the matter to "interest" arbitration.

16.02 An employee who is required to report for work on his 6th or 7th day will be guaranteed a minimum of four ( 4) hours' work or pay in lieu thereof at his "hourly rate", or the overtime rate if applicable.

16.03 Any employee who is called in at a time not previously scheduled, shall, whenever possible, be given notice of same at least two (2) hours prior to repmiing.

16.04 An employee who cannot report on time or who is sick and unable to come to work, shall inform his supervisor as soon as possible prior to the beginning of his shift, unless he is unable to do so for bona fide reasons.

16.05 The Company will grant two (2) fifteen (15) minute rest periods without loss of pay, one (1) in the first half and one (1) in the second half of each shift, and a one-half (1/2) hour unpaid lunch break.

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16.06

16.07

16.08

16.09

16.10

If it is contemplated that an employee is to work overtime of two (2) hours but less than four ( 4) hours, consecutive with his regular shift, he shall be allowed a fifteen (15) minute rest period without loss of pay immediately following the end of his regular shift.

A daily time record shall be maintained by the Company at its place of business. A time clock shall remain in operation during the term of this Agreement.

Ove1iime pay will be provided at 1-112 times the employee's gross rate for all hours worked in after eight (8) hours per day and forty ( 40) hours in a week and for all hours worked on the sixth and seventh day of the employee's regular work week.

If any of the paid Holidays are worked, they shall be paid for at one and one-half times (1.5X) the gross rate for such hours worked in addition to pay for the Holiday.

The Company will give at least two (2) hours' notice of overtime, except for reasons beyond its control.

When the Company desires employees to work overtime, the Company shall attempt to obtain the number of employees desired by requesting employees in order of seniority within classification and shift to work overtime. Each employee shall work a reasonable amount of ove1iime if requested to do so by the Company. In the event that an insufficient number of employees volunteer for such overtime, the Company reserves the right to require junior employees to work overtime providing volumes suppmi the hours.4

It is the intention of the Company to require employees to work overtime only where required by the needs of the operation and only in such numbers as are required. In any event, employees shall not be expected to work more than four (4) hours overtime daily.

Upon request of the Union, the Company will meet and discuss the administration of Article 16.11 for the purpose of clarifying and resolving any difficulties which may anse.

16.11 When overtime is offered to a shift at work, the Company will notify the steward of the number of employees required. Employees absent during the offering of the overtime will be offered such overtime only if it is necessary to meet the Company's manpower requirements and then only if they have returned to work prior to the working of such overtime.

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16.12 An employee leaving on vacation shall be eligible for work on Saturday and Sunday in the week before his vacation commences, and if the Company should require the employee during his vacation period employee can work if he wishes to do so. Employees at work shall have first right of refusal to oveliime.

ARTICLE 17 - NO DISCRIMINATION

17.01 The Company and the Union shall not discriminate against employees with respect to tenns and conditions of employment on the grounds of race, creed, colour, age, sex, marital or parental status, religion, nationality, ancestry, place of origin, family relationship, place of residence or sexual orientation, in accordance with the provisions of the Human Rights Code, 1981.

ARTICLE 18- BULLETIN BOARD

18.01 Bulletin boards will be supplied by the Company and will be placed in lunch rooms or other areas in the store, as mutually agreed.

Bulletins authorized by the Union concerning the following may be posted by a person authorized by the Union:

(1) Meeting notices (2) Safety information

Any other bulletins may only be posted by mutual agreement between the Union and designated Management.

ARTICLE 19- HEALTH & SAFETY

19.01

19.02

19.03

The Company and the Union recognize the benefits to be derived from a safe and healthy place of employment. It is agreed that the Company, the employees and the Union will co-operate fully to promote safe work practices, health conditions and the enforcement of safety rules and procedures as established by the governing regulatory authmities and defined in the Occupational Health and Safety Act.

The Company requires that safety footwear be worn. See Article 9.05.

The Company shall not require employees to operate any equipment which is not equipped with safety appliances required by law, or which is in unsafe operating condition.

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19.04 The Company agrees to provide warm, clean, sanitary and adequate appointments in respect to lunch area and washroom facilities and to maintain the plant in a manner that is conducive to the safety and health of the employees.

ARTICLE 20- DURATION OF AGREEMENT

20.01

20.02

20.03

/dsCOPE-343

This Agreement shall, unless changed by mutual consent, continue in full force and effect until the 251h day of March 2012 and shall continue thereafter for annual periods of one year each unless either party notifies the other in writing not more than ninety (90) days immediately prior to the expiration date that it desires to amend this Agreement.

Negotiations shall begin as soon as possible following notification for amendment as provided in the preceding paragraph.

If, pursuant to such negotiations, an agreement is not reached on the renewal or amendment of this 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 under the Ontario Labour Relations Act have been completed, whichever date should first occur.

FOR THE UNION

K'en Chill""'

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APPENDIX ''A"

JOINT LABOUR/MANAGEMENT CONSULTATION MEETINGS

Objective:

Recognizing the community interest in the efficient and economical operation of the Company as well as the satisfactory working life for all employees affected by the work of this Committee and believing that the basis of good relations rests upon co-operation and good communications between the parties, the Management and members of the Union hereby agree to work together in the successful operation of a Joint Consultation Committee.

1. Purpose and Commitment:

The purpose of the Consultation Committee is to provide the pmiies with an open forum of communications in order to better understand each other and to resolve problems and issues in an open exchange of ideas and views between Union and Management. The parties will use the Committee to look for opportunities to improve the working relationship between them and between the people they represent and to build a more effective working team.

2. Structure of Committee:

For the Company

Operations Manager

Invited guests

3. Limitations:

For the Union

Union Representative Union Stewards

In order to have a frank and open discussion, the Committee shall have no authority to change, delete or modify any terms of the Collective Agreement, nor to settle grievances arising under the Agreement. Committee discussions shall not be publicized except for those recommendations that have been mutually agreed upon.

4. Protected Enviromnent:

Members of the Committee shall be free to discharge their duties in an independent manner without fear that their individual relationships with the Company shall be affected by any pmiicipation by them in good faith in their representative capacities.

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5. Agenda:

The co-chairs will meet seven (7) days prior to each meeting to exchange agendas for that meeting. The items in the agendas will be listed in order of priority. The Company will arrange to have both agendas typed and distributed to Committee members prior to the meeting. Items from the agendas will be discussed at the meeting on an alternating basis with the first item being taken from either the Company's or the Union's agenda, depending on which party is chairing the meeting. Items not addressed at a meeting may be re-proposed for the next meeting's agendas. Emergency items arising after the agendas are prepared can be entertained on the agreement of the parties at the outset of the meeting. An item on the agendas may be disposed of by referral to a more appropriate forum or cancelled, by mutual agreement of the pmiies. The Union Representative who will be responsible for proposing the next list of Union agenda items will be identified at the conclusion of each meeting.

6. Method of Keeping Minutes:

Preparation of Minutes of each meeting will be the responsibility of the Operations Manager. Approval for distribution of the Minutes will be the responsibility of the Committee at the conclusion of each meeting. The Minutes will contain a description of the topic and the action agreed upon. The discussion of the merits of the topic is not a proper matter for inclusion in the Minutes. The Minutes will be circulated to all members of the Committee and signed by the co-chairs prior to being posted on the bulletin bom·ds within one (1) week following the Committee meeting.

7. Chair Responsibility:

The Company and the Union will alternate in filling the Chair from meeting to meeting. The Chair will seek to keep the discussion on topic and ensure that each Committee member has a chance to have input on each item discussed. In general, the Chair will try to establish an open, flexible style of discussion on agenda items.

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B-1

B-2

B-3

B-4

B-5

B-6

APPENDIX "B"

It is agreed between the parties that this Appendix forms part of the Collective Agreement.

The union agrees that the Company may use temporary employees on a limited basis to ensure customer service during periods of excessive volumes.

The Company agrees that temporary employees will not be used in the event of a layoff except in the case that laid off employees have refused a recall either of a temporary nature or permanent nature.

The Company agrees that temporary employees will not work in excess of eight (8) hours a day unless all bargaining unit employees have been offered the opportunity to work overtime on the same given day.

The Company shall be entitled to use an allowance of nine and one half percent (9.5%) of the base hours of regular rostered full-time employees on a monthly basis from the previous months. (i.e. 6 full-time employees on the roster x 40 hours per week= 240 hours. 240 x 4.333 (weeks per month)= 1039.92. 1039.92 x 9.5% = 98.79 hours available for temporary employees the following month.

The Company agrees to pay to the Union the equivalent of one (1) union due for each forty ( 40) hours worked for all temporary employees accumulated on a weekly basis. (Total of all hours of temporary employees in a week is less than forty (40) hours then no dues are owed. For each increment of forty (40) one due is owed. The remittance of these monies will be paid by the Company at the same time of the regular dues remittance is made pursuant to Article 4 of this Agreement.

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LETTER OF UNDERSTANDING #1

Dated:

Mr. Kenneth Chin Imperial Cold Storage & Distribution Inc. 299 Cominey Park Drive Mississauga, Ontario L5T 2T6

Dear Mr. Chin,

During our recent set of negotiations the parties agreed to the following benefit improvements to the existing benefits prior to ratification.

1. Vision Care to be added as follows: Two hundred dollars ($200.00) per employee and dependants once every two (2) years.

2. Change the O.D.A. to the current rate.

3. Employer will contact the Insurance Company for any claims over one ( 1) month old if advised by the employee.

//__...----~~ /'/ ~ .. ~ /

( -·· Jason~Sweet ..--· - Teamsters Local Union No. 419

Ken Chin Imperial Cold Storage

Date: -+~ IL 2DiQ Date: -------------------/dscope-343

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LETTER OF UNDERSTANDING #2

Dated:

Mr. Kenneth Chin Imperial Cold Storage & Distribution Inc. 299 Courtney Park Drive Mississauga, Ontario L5T 2T6

Dear Mr. Chin,

It is agreed between the pmiies, during the negotiating process, that the Company may continue the practice in effect at the signing of this Agreement for the purpose of "lumping product". However it is specifically agreed that in the event of a pending lay-off of any bargaining unit employee, the affected employees will be offered "lumping" work at his Classification pay outlined in Article 9 of the Agreement. Should Bargaining Unit employees refuse "lumping" work, the Company may use whatever means are available to do the "lumping" work required.

K~i.n-Imperial Cold Storage

Date: -------------------

/dscope-343

27