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Collective Agreement |
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2001 |
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COLLECTIVE AGREEMENT
between
PRUDENTIAL STEEL LTD. and
or their successors and/or their
assigns, hereinafter called the
"Company", OF THE FIRST PART
and
UNITED STEELWORKERS OF AMERICA
LOCAL 7226
hereinafter called the "Union",
OF THE SECOND PART
EFFECTIVE:
From January 1, 2001
To December 31, 2003
{PAGE}
T A B L E O F C O N T E N T S
Article Page
1 Purpose of Agreement 1
2 Union Recognition 1
2.04 Contracting out 1
3 No Discrimination 2
4 Management 2
5 Union Security 3
6 Grievances 3
7 Arbitration 5
8 Discharge and Disciplinary Procedure 6
9 Seniority 7
9.02 Probationary Period 7
9.03 Seniority Retention and Accumulation 8
9.04 Loss of Seniority 8
9.05 Seniority List 9
9.06 Transfer to Jobs Outside of Bargaining Unit 9
9.07 Job Postings 10
9.09 Recall Procedure 12
9.10 Temporary Transfer 12
9.11 Lines of Progression 13
10 Lay-off 13
10.01 Lay-off Status Defined 13
10.02 Lay-off Notice 13
11 Leave of Absence 15
11.04 Leave to Attend Union Business 15
11.05 Leave for Union Employment 15
11.06 Failure to Return from Leave 16
12 Safety and Health 16
13 Handicapped Employees 17
14 Union Representatives 18
15 Established Practices 18
16 Bulletin Boards 18
17 Committeemen and Stewards 18
18 Hours of Work 19
18.01 Definition of Day and Work Day 19
18.02 Purpose of Defining Work Day and Work Week 19
18.03 Definition of Work Week 19
18.04 Shift and Work Schedules 19
18.05 Definition of Shifts 20
18.06 Shift Premiums 20
18.07 Lunch Periods 20
19 Overtime 20
19.02 Hours Worked in Excess 20
19.03 Hours Worked on Saturday 21
19.04 Hours Worked on Sunday 21
19.05 Exceptions to Daily Overtime 21
19.06 Lunch Periods 21
19.07 Overtime Lunches 21
19.08 Notice of Overtime 22
20 Statutory Holidays 23
20.02 Holiday Pay Allowance 23
20.03 Pay for Work on Holidays 24
21 Wages 24
21.03 Standard Hourly Wage Scale 25
21.09 Out of Line Differentials 27
21.17 Temporary Transfer 28
21.18 Trade or Craft and Assigned Maintenance Convention 28
21.19 Incentives 28
21.20 General 29
21.22 Leave of Absence for Union C.W.S. Committee 29
21.23 Pay Days 29
21.24 Reporting Pay 29
21.25 Call Out Pay 30
21.26 Pay for Jury Service 30
21.27 Pay on Day of Injury 30
21.28 Bereavement Pay 30
21.29 Elimination of Bargaining Unit Jobs 31
22 Vacations 31
22.01 Vacation Year 31
22.02 Length of Vacation 32
22.03 Vacation Pay 32
22.07 Vacation Schedules 35
22.08 Christmas Shutdown 36
23 Insurance Benefit Program 36
23.01 Benefits 36
23.02 Pension Plan 36
24 Appendices 37
25 Copies of Agreement 38
25.02 Letters of Understanding and Agreement 38
26 Duration of Agreement 38
Appendices Page
Appendix (A) Cooperative Wage Study 40
Appendix (B) Learner Period Classification Analysis 40
Appendix (C) Schedule of Classifications 41
Appendix (D) Hours of Work Schedule 44
Appendix (E) Insurance Benefit Program 49
Appendix (F) Tradesmen's Tools 61
Appendix (G) Protective Clothing 61
Appendix (H) Lockers 62
Appendix (I) Pension Plan 63
Appendix (J) Lines of Progression 67
Appendix (K) Supplementary Unemployment Benefit 71
Letters of Understanding
Initiation Fee 89
Pay for Union Business 90
Education Fund 91
Day Shift for Union President 92
Humanities Fund 93
Steelworkers' Savings Plan 94
Severance Adjustment Allowance 95
Group Leader Positions 97
Crew Movement - Oil Country 99
Safety Equipment Trust Fund 102
Safety Monitoring 104
Apprentice Training Agreement 105
Employee Empowerment 122
Shift Leaders 125
Profit Sharing 126
Post Retirement Benefit Fund 127
Premium Threading 128
{PAGE}
ARTICLE 1 - PURPOSE OF AGREEMENT
1.01 Whereas the parties agree that it is mutually beneficial and desirable to
arrange and maintain fair and equitable earnings, labour standards, wage
rates and working conditions to obtain efficient operations, to protect the
safety and health of employees and to provide machinery for the adjustment
of disputes which may arise between the parties hereto. THEREFORE, the
Company and the Union agree as follows:
ARTICLE 2 - UNION RECOGNITION
2.01 The Company recognizes the Union as a sole and exclusive bargaining agent
for: all employees of the Company at its Calgary operations excepting
office, clerical and technical staff, plant security officers, office
janitors, foremen and supervisors with authority to hire and/or fire.
2.02 The terms and conditions set forth in this Agreement shall have full force
and effect for all employees in the Bargaining Unit, as described in
Article 2.01.
2.03 (a) Persons whose regular jobs are not in the Bargaining Unit shall not
work on any jobs which are included in the Bargaining Unit except for the
purposes of instructions, experimenting, in emergencies when Bargaining
Unit employees are not available.
(b) Emergencies when Bargaining Unit employees are not available, shall be
meant to include manpower shortages due to lateness and
unauthorized absenteeism. The Company will make every effort to place a
suitable Bargaining Unit employee in that position as soon as possible.
Contracting Out
2.04 (a) Whenever practicable, the Company will not contract out work normally
performed by members of the Bargaining Unit for which qualified employees
are available.
(b) In the application of Article 2.04 (a), the Company and the Union
recognize the need to work toward the efficient utilization of Bargaining
Unit employees so as to minimize the requirement to contract out work and
as such the following has been agreed to: A Contracting Out Committee will
be established, consisting of up to three (3) representatives of the
Company and three (3) representatives appointed by the Union. This
Committee shall meet on the 2nd Tuesday of January, April, June and
September, or as may be mutually agreed. All information will be disclosed
by the Company to enable this Committee to make the necessary
recommendations as to which work will be contracted out and which work will
be performed by Bargaining Unit employees. Any and all information supplied
shall be kept in the strictest confidence. Where agreement cannot be
reached by this Committee the Union may file a grievance of a general
nature at Step 3 of the Grievance Procedure.
(c) When the Company feels it is necessary because of equipment, knowledge,
skill or time considerations to have other companies perform such work, it
shall be in accordance with, and subject to, conditions set out in Article
2.04 (a) and (b).
ARTICLE 3 - NO DISCRIMINATION OR HARASSMENT
3.01 The Company and the Union agree that there will be no discrimination
against any employee because of race, creed, colour, sex, national origin,
union membership or union activity, or any other grounds covered by
applicable legislation.
3.02 The Company and the Union agree there will be no harassment of an employee
for any reason.
ARTICLE 4 - MANAGEMENT
4.01 The Union recognizes that it is the function of Management to manage the
affairs of the business, and to direct the working forces of the Company
subject to the terms of this Agreement.
4.02 Such Management function shall be:
(a) To determine the products and schedules of production, the locations of
production, and the methods and sequence of manufacturing processes.
(b) To maintain discipline of employees including the right to make
reasonable rules and regulations, provided, however, that any dispute as to
the reasonableness of such rules and regulations or any dispute involving
claims of discrimination against any employee in the application of such
rules and regulations shall be subject to the grievance procedure of this
Agreement.
(c) To discharge, suspend or discipline employees for just and reasonable
cause, and also hire, transfer, promote, demote and to assign employees to
shifts with due regard to seniority in Article 9 of this contract.
4.03 The Company shall not direct the working forces in a discriminatory manner.
ARTICLE 5 - UNION SECURITY
5.01 Effective upon date of hiring, all employees within the Collective
Bargaining Unit covered by the Agreement shall become members and maintain
membership in the Union, as a condition of employment.
5.02 The Company shall deduct from the wages of each employee in the Bargaining
Unit, union dues, initiation fees and assessments in the amount certified
by the Union to the Company to be currently in effect according to the
Union constitution. The total amount so deducted with an itemized statement
of same, in duplicate, shall be forwarded to the Union prior to the end of
the month in which said deductions are made in the manner provided for in
Section 5.04 hereof.
5.03 Union members are to be supplied with union deduction totals for income tax
purposes. The Company agrees to show on employees T4 slips the total union
deductions for the previous taxation year.
5.04 Cheques shall be made payable to the United Steelworkers of America. Until
further notice from the Union, all cheques shall be forwarded to the United
Steelworkers of America at the following address:
INTERNATIONAL TREASURER
UNITED STEELWORKERS OF AMERICA
P.O. BOX 1400, STATION "A"
VANCOUVER, BRITISH COLUMBIA
V6C 2P7
and made payable as aforesaid.
5.05 The Company agrees to have all present and future employees covered by this
Agreement, as a condition of continued employment, sign an agreement
authorizing the Company to implement the provisions of this Article, and
the Union agrees to indemnify the Company, and hold it harmless against any
claim which may arise in complying with the provisions of this Article.
ARTICLE 6 - GRIEVANCES
6.01 The purpose of this Article is to establish procedures for discussion,
processing and settlement of grievances, as defined in Section 6.02 of this
Article.
6.02 "Grievance" as used in this Agreement is a complaint or request involving
any matter relating to wages, hours or working conditions, including any
question of interpretation or application of, or compliance with, the
provisions of this Agreement, and shall only relate to or concern any
grievance which has arisen or arises subsequent to the date of this
Agreement.
6.03 Union Officers, Stewards and Committeemen, with the approval of their
immediate supervisor, shall be permitted to leave their jobs to investigate
and adjust grievances and to attend to their duties under this Agreement.
6.04 Any grievance must be presented within ten (10) working days of its
occurrence or otherwise it shall not be considered. In the case of a
grievance concerning wages, the ten (10) working day period shall date from
the date on which the employee receives his pay cheque.
6.05 The grievance committeeman with or without the aggrieved employee may Step
1 present the grievance to the employee's immediate salaried supervisor.
The supervisor shall make his reply verbally or in writing within two (2)
days of receipt of the grievance.
6.05 Should the grievance committeeman or the employee be dissatisfied with the
Step 2 Company disposition of such complaint or request, he may refer such
matter on a written form to management within three (3) further working
days. Management shall answer the grievance in writing within three (3)
working days or a time mutually agreed upon.
6.05 If no settlement is reached in Step Two (2), the grievance committee and
Step 3 representatives of management will meet within seven (7) working
days to discuss the complaint. The Union's representative may be in
attendance at this meeting. If the grievance is not then settled, then at
the request of either party to this Agreement the grievance may be referred
to arbitration. If notice of arbitration is not given within a further
twenty (20) calendar days, unless further time is mutually agreed upon, the
grievance will be deemed to have been settled.
6.06 The Union and the Company shall have the right to initiate a group
grievance or a grievance of a general nature, at Step Three (3) of the
grievance procedure.
6.07 If the Union does not advance a grievance from Step One (1) to Step Two
(2), or from Step Two (2) to Step Three (3) with-in the agreed time limit,
the grievance shall be considered withdrawn. Failure of the Company to
reply to the grievance at any step shall automatically advance the
grievance to the next step.
ARTICLE 7 - ARBITRATION
7.01 Whenever pursuant to the provisions of this Agreement a reference to
arbitration is involved, the Company or the Union shall, within twenty (20)
days following receipt of a decision in step (3) notify the other party, in
writing, of intent to arbitrate. This notice shall:
(a) state the matter at issue and in what respect the agreement has been
violated or misinterpreted by reference to the specific clause or clauses
relied upon. Notwithstanding the above, the board may take into
consideration all matters, clauses and evidence which in its opinion has a
bearing on the grievance or question referred to arbitration, and
(b) state the nature of the relief or remedy sought.
7.02 (a) Single Arbitrator
The Company and the Union agree that the following persons constitute the
panel of arbitrators from which will be selected a single arbitrator for
each grievance requiring arbitration under this Agreement:
1. Gerald Hawco
2. Tom Joliffe
3. Allan Beatty
4. Alex Trawick
(b) Selection of Arbitrator
The method of selecting a single arbitrator shall be by rotation, starting
with the order of the names listed above. If the arbitrator so selected is
unable to act, then the arbitrator next on the list of names shall be
selected. Unless otherwise agreed to, a single arbitrator will be appointed
for each grievance or group grievance. No member of the panel of
arbitrators may be removed from the panel unless it is mutually agreed upon
by the Company and the Union. If a member of the panel is unable to
continue to act as an arbitrator, a new member may be appointed; the
appointment is to be mutually agreed upon by the Company and the Union.
7.03 At any stage of the grievance procedure including arbitration the confer
ring parties may have the assistance of the employee or employees concerned
and any necessary witnesses, and all reasonable arrangement will be made to
permit the conferring parties to have access to the plant and to view
disputed operations.
7.04 The arbitrator shall have power to deal with matters involving the
interpretation, application or alleged violation of this Agreement and
shall not rule on any other matter nor shall they have the right to alter,
amend, set aside, add to or delete from any one of the provisions herein
contained, nor to render any decision which is inconsistent with the
provisions of this Agreement or the Statutes of Alberta.
7.05 All time limits specified in Articles 6 and 7 shall be deemed to be
exclusive of Saturdays, Sundays and Company recognized holidays and may be
extended by mutual consent of the parties or by the Arbitrator.
7.06 Each of the parties concerned shall pay its own costs and the fees and
expenses of witnesses called by it and its representatives. The fees and
expenses of the Arbitrator, stenographic assistance and rents shall be
shared equally between the parties.
7.07 The parties agree to abide by the provisions of Articles 6 and 7 as the
only means of resolving any difference which may arise during the term of
this Agreement, and all employees shall continue to work as usual and the
Company shall continue its normal operating practices.
ARTICLE 8 - DISCHARGE AND DISCIPLINARY PROCEDURE
8.01 Management shall not take disciplinary action without first warning the
employee, unless the circumstances justify immediate suspension or
discharge. In the event of a claim that an employee has been discharged or
suspended unjustly or unreasonably, the grievance shall be filed at Step
Three(3)of the grievance procedure within five (5) working days.
8.02 (a) Warnings shall be given in writing to the employee and a copy shall be
sent by mail to the Union. The Company and the Union agree that
disciplinary penalties shall not be imposed unreasonably or unjustly. In
cases where justified penalties and warnings (excluding dismissals) have
been given to an employee, it is understood and agreed that if an employee
is not given a justified penalty and/or warning within a continuous period
of twelve (12) months, his employment record shall be cleared of any
deficiencies, and shall not be used against the employee thereafter.
(b) An employee who the Company intends to suspend shall be retained at or
returned to active work until any grievance contesting such suspension is
finally resolved through the grievance procedure.
8.03 If it is determined or agreed at any steps in the grievance procedure or
decided by an arbitrator that an employee has been disciplined or
discharged unjustly, the Management shall put him back on his job with no
loss of seniority, and they shall pay the employee the amount he would have
earned had he been working or by any other arrangement as to compensation,
which is just and equitable in the opinion of the parties or in the opinion
of the arbitrator if the matter is referred to such an arbitrator.
8.04 Any employee who is discharged, laid off or leaves of his own accord shall
be paid all wages due him on the pay day when such wages would normally be
due and payable, unless otherwise mutually agreed between the Company and
the Union.
8.05 No employee shall be subject to any disciplinary action by a foreman or
supervisor without having a Union representative present, where such action
is to be part of an employee's record.
8.06 The Union shall be immediately notified, in writing, as to reasons for the
dismissal of any member of the Bargaining Unit.
ARTICLE 9 - SENIORITY
9.01 (a) The parties recognize that job opportunity and seniority shall increase
in proportion to length of service. It is, therefore, agreed that in all
cases of vacancy, promotion, transfer, lay-off, termination and rehiring
after lay-off or termination, senior employees shall be entitled to
preference.
(b) In recognition, however, of the responsibility of Management for the
efficient operation of the plant, it is understood and agreed that in all
such cases, Management shall have the right to pass over any employee, if
it is able to establish with the employee and the Union, that he does not
have the ability or the physical fitness to perform the work with due
regard to Article 6 of this Agreement.
9.02 PROBATIONARY PERIOD - A new employee shall be on probation for a period of
six (6) calendar months. Upon completion of the probationary period, an
employee shall acquire seniority status, and shall be credited with service
from his original hiring date. A probationary employee laid off for lack of
work shall, if rehired within a twelve (12) month period, be credited with
time worked prior to lay-off as a probationary employee.
Article 6 shall not apply to probationary employees, except in cases
involving discrimination.
9.03 SENIORITY RETENTION AND ACCUMULATION - Seniority shall be retained and
shall accumulate during:
(a) absence from work due to an injury or sickness covered by the Workers'
Compensation Act until certified by the Compensation Board as being able to
return to work in the Bargaining Unit, subject to 9.04(f) below;
(b) authorized leave of absence;
(c) lay-off subject to Section 9.04(d);
(d) absence from work due to medically certified illness or injury, subject
to 9.04(f) below;
(e) while serving in the Armed Forces during period of national emergency;
(f) while serving in the Armed Force reserve for periods of up to one year.
9.04 LOSS OF SENIORITY - An employee shall lose his seniority standing and his
name shall be removed from all seniority lists for any one of the following
reasons:
(a) If an employee quits;
(b) If the employee is discharged for proper cause, and is not reinstated
in accordance with the provisions of this Agreement;
(c) If the employee is laid off and fails to notify the Company within five
(5) working days of his intention as to whether he intends to return to
work or not, after having been notified to do so by the Company by
registered mail to his last known address, and fails to return to work in
ten (10) working days after receipt of the registered notice, as stated
above; copy of such notice to be sent to the Union. Exceptions to this rule
will be extenuating circumstances.
It is the responsibility of laid off employees to keep the Company informed
of their addresses and telephone numbers.
(d) on the date on which the above registered letter has been returned to
the Company from the post office.
(e) If he has been on lay-off because of lack of work for a period equal to
his time of seniority or twenty-four (24) months, whichever is greater;
(f) employees who have ceased to receive Disability Benefits from either
the Workers Compensation Board or the Short or Long Term Disability
Benefits, under this Collective Agreement, and are unable to return to
active employment in the Company for medical reasons, or, who have
completed job retraining from the Worker's Compensation Board shall not
accumulate further seniority from the date of such discontinuation of
benefits. Employees who are not accumulating seniority under this article
shall not be eligible for further benefits under this Collective Agreement
(including pension and insurance benefit program) until such time as they
are medically fit to return to active employment in the Company.
9.05 SENIORITY LIST - The Company shall prepare a plant-wide seniority list and
present same to the Union within thirty (30) days of the signing of this
Agreement. Said lists shall commence with the employee with most seniority,
carry on downward to the employee with least seniority, and contain the
following information:
(a) employee's starting date;
(b) employee's name and clock number.
Additional revised lists will be furnished to the Union as requested from
time to time, and within ten (10) days of said request. The Union agrees
not to make such requests more frequently than once every two (2) months.
Seniority lists shall include all Bargaining Unit employees on the payroll
at the time such seniority list is prepared.
The Company shall also prepare a maintenance department seniority list that
shall include all tradesmen and apprentices, and the starting date on such
seniority list shall be the date upon which the employee enters the
maintenance department.
Employees having the same starting date, on either the plant-wide seniority
list or the maintenance department seniority list shall appear and receive
preference in alphabetical order.
9.06 TRANSFER TO JOBS OUTSIDE OF BARGAINING UNIT -
9.06(a) Employees who are transferred through the Bargaining Unit to any other
part of the Company's service shall hold and continue to accumulate
seniority in the Bargaining Unit for a period of twelve (12) months, during
which period the Company may elect to return the employee to his former
position in the Bargaining Unit, or the employee may opt to return to the
position he formerly held in the Bargaining Unit.
9.06(b) Article 9.06 (a) shall apply provided that:
1. They have completed their probationary period as regular employees in
the Bargaining Unit, and
2. They exercise their seniority rights or signify their intentions to do
so upon the termination of their jobs outside the Bargaining Unit.
3. They pay all dues accrued during the transfer period outside of the
Bargaining Unit.
4. All back dues will be calculated and paid to the Union through payroll
deduction by the Company.
9.07 JOB POSTING - When preferential jobs (jobs that are normally a one shift
operation), or jobs above Job Class 4 are available, the following
procedures will govern the assignment of employees to these jobs:
(a) Job vacancy notices will be posted, within five (5) working days, on
the bulletin board for three (3) full working days, but not longer than
four (4) working days. The job requirements and qualifications shall be
listed on the job vacancy notices.
The name of the successful bidder will be posted after three (3) days of
removal of notice from the bulletin board unless this time is extended by
mutual agreement.
(b) Applications will be made to the Management on a form supplied by the
Company.
(c) Any grievance concerning assignments made under job posting must be
filed within five (5) working days after the assignments are posted.
(d) Probationary employees shall be eligible to bid for posted job
vacancies, but the Company may assign such employees to any vacancies, if
the jobs cannot be filled by the bidding procedures.
(e) A job vacancy need not be posted a second time within thirty (30) days,
if there are enough suitable applicants from the first posting to fill the
vacancy or vacancies.
(f) An employee may apply for a lower paid job in any department, or for a
job at equal pay in a different department after four (4) working months in
his current job.
(g) If an employee has been a successful bidder under the job posting
provision, then he may be ruled ineligible during his next three (3)
working months for a job less than two (2) job classes higher than his
classification at the time.
(h) In cases of job vacancies not being posted, information will be
supplied to the Union upon request. Employees who are absent, while the job
is up, can have one of the Union executive committee members sign his name
and the member of the Union executive must place his initials against the
name of the employee. The absent employee must request this for each job
bid from one of the executive committee members.
(i) In the event that an employee selected for the job proves to be
unsuitable for the position, he shall revert to his former position and
status in accordance to seniority.
(j) In the event that a foreman wishes to discuss with an employee his
suitability for a posted job, the employee may be accompanied by a Union
committee member.
(k) The Company shall provide the Union with a list of jobs that each
employee has held, or is deemed to have held, under the job posting
provision. This list shall be updated bi-yearly.
(l) All requests by employees to be taken off a bid job must be in writing
and shall include an explanation for such request. Such requests shall not
be unreasonably denied.
(m) After five (5) days of holding a job bid, the successful bidder will
receive that rate of pay or his previous rate of pay, whichever is greater.
(n) The successful bidder must be on the job within ten (10) days of being
notified as the successful bidder.
(o) For tradesmen or apprentices bidding on a job posting, other than
Maintenance department job bids which shall be determined by Maintenance
department seniority, their plant seniority shall be the seniority used to
determine their eligibility on any such job vacancy.
(p) Employees requesting a transfer, in the same job classification,
between plants when one plant is on a two shift operation and the other
plant is on a three shift operation, shall be granted such transfer request
with due regard to seniority. An employee shall not make such request more
often than once every three months.
9.08 If a temporary shortage of work occurs for a period of five (5) working
days or less, employees affected shall have the option, upon the
commencement of their next regularly scheduled shift, of accepting the
lay-off or filling non-bid jobs in the labour pool, and retaining their
rates of pay.
(a) Filling non-bid jobs in the labour pool shall be subject to seniority
regulations in the bumping procedure.
9.09 RECALL PROCEDURE - In the case of recall of employees on lay-off status,
the following procedure shall apply:
(a) Senior employees who decline recall to work which they are informed is
temporary, and of limited duration, shall not thereby forfeit their
seniority. They shall not be eligible to displace junior employees during
the estimated period of employment for which they declined recall, and they
shall not be eligible for further temporary recall as above until they
notify the Manager, Human Resources of their subsequent availability for
work.
(b) The Union shall be supplied with a list of those employees who the
Company has been unable to contact, or who have refused, for a temporary
recall. The Company and the Union shall coordinate their efforts to contact
those employees.
9.10 TEMPORARY TRANSFER
(a) Temporary transfers can be made to jobs under this Collective Agreement
for a maximum of forty-five (45) calendar days to enable the Company to
meet operational requirements, or to hire and/or train employees and
pending assignments made under job posting providing that temporary
transfers will not be used to deny senior employees the right to fill jobs
under the job posting provision. Senior employees shall be entitled to the
right of refusal or acceptance of such temporary transfers.
(b) Temporary transfers of ten (10) working days or less can be made
without regard to seniority regulations in Article (a) above, but not on a
continuing basis. When there is a known vacancy, of one scheduled week or
more, senior employees will be used whenever possible. If the senior
employee is not used, he shall receive the higher of the two rates of pay.
(c) The Company shall maintain a list of all employees who are on temporary
transfer. Such list shall be made available for review by the Union at any
time.
(d) When an employee is off work due to illness or accident for more than
forty-five (45) days, his job will then be put up for temporary bid. Upon
returning from accident or illness, the individual will retain his job and
bump out the temporary bidder even if the temporary bidder is senior.
However, the temporary bidder shall hold recall rights to the position.
9.11 LINES OF PROGRESSION -
(a) The lines of progression shall be set forth in this Agreement, subject
to any subsequent changes agreed upon between the Company and the Union.
Such changes to be in writing and signed by both parties. Any new job
established in the line of progression shall become part of the line of
progression.
(b) General Terms
1. Plant seniority will be the seniority considered for applications for
bidding into a line of progression. To move up the line of progression, an
employee must have held the next lowest job listed in that line of
progression for a length of time, as defined in such line of progression.
2. Employees can bid out of the line of progression at any time.
3. All present employees who have in the past, bid and received any job
listed in the line of progression, will be given credit and will be able to
bid into the next higher job.
See pages 67 - 70 inclusive.
ARTICLE 10 - Lay-off
10.01Lay-off STATUS DEFINED - Lay-off status under this Agreement provides an
employee with the right to be recalled to work in accordance with Article
9.
For the purpose of this Agreement, "lay-off" means temporary dispensation
with the services of an employee for a period exceeding five (5) working
days in any one (1) calendar month.
10.02 Lay-off Notice
(a) Employees laid off because of lack of work, except for breakdowns or
reasons outside the control of the Company, shall be given five (5) working
days of notice. However, this five (5) day notice of lay-off shall not
apply to probationary employees, nor shall it apply to other employees
during the first five (5) consecutive regular working days of recall to
work on a day-to-day basis. Employees who are given five (5) days of notice
of lay-off under this Section, and who are then placed on a day-to-day
employment basis which continues without lay-off for five (5) consecutive
regular working days shall again become entitled to the five (5) day notice
of lay-off, as provided in the first sentence herein.
(b) Employees with one (1) or more years of seniority shall be given ten
(10) working days notice of lay-off.
10.03A senior employee shall have the right to displace a junior employee
provided that:
(a) The senior employee has held that job by bid or is considered to have
held the job by bid.
(b) The senior employee may bump only into their most recent job on which
they were the successful bidder, or they may elect to bypass such a job and
bump into the next most recent job that he has held by bid, regardless of
the job class of such a job.
(c) An employee who does not have the seniority to hold a bid job as a
result of lay-off may bump into the labour pool, providing he has the
seniority to do so.
(d) The procedure for recall to bid jobs shall be in reverse order of the
job bumping procedure.
(e) If any employee elects to bypass any job, he shall forfeit his recall
rights to any such job.
(f) In the event an employee who has bumped into a former position proves
to be unsuitable for the position, he shall revert to his next former
position and/or status.
(g) Maintenance department seniority shall determine who bumps out of the
maintenance department during a reduction in work. The employee's plant
seniority shall determine his bumping rights to any former positions.
(Subject to Article 3.04 of the Apprenticeship Agreement).
ARTICLE 11 - LEAVE OF ABSENCE
11.01Personal Reasons - An employee will be allowed a thirty (30) day leave of
absence without pay for personal reasons, if:
(a) he requests it from Management in writing;
(b) the leave is for a good reason, and does not interfere with operations,
except in emergency situations when leave shall be granted regardless.
(c) In the event that an employee is accused of an offence which requires a
court appearance, he shall be entitled to a leave of absence without pay to
attend court.
(d) In the event that the employee is incarcerated while awaiting a court
appearance, and is subsequently found not guilty, the employee shall be
granted a retroactive leave of absence for such period of time.
11.02A leave of absence will be extended for additional thirty (30) day periods
if there is a good reason, and Management and Union mutually agree. The
employee must request the extension in writing before his thirty (30) day
leave is up.
11.03(a) All requests for leave of absence, of five (5) days or less, under
this Article will be reviewed by Company representatives. The Union will be
notified of all leaves granted under this paragraph.
(b) All requests for leave of absence, of over five (5) days, under this
Article will be reviewed by a Company-Union Committee before the request is
authorized or denied. This committee shall be composed of up to three (3)
Union and three (3) Company representatives.
11.04Leave to Attend Union Business - An employee who has been elected or
appointed by the Union to attend Union business shall be granted a leave of
absence without pay for this purpose. The Union will inform the Company of
the names of the delegates at least three (3) working days in advance.
Alternate delegates will be selected in the event of sickness or to meet
work requirements.
11.05Leave for Union Employment - The Company shall grant an employee a leave of
absence for one (1) year to work in an official capacity for the local or
international Union. This leave may be extended for one (1) additional year
by mutual agreement between the Company and Union. There shall be a limit
of one (1) person on such leave at one (1) time. The employee must request
the leave in writing and the Union must approve it.
11.06Failure to Return from Leave - Any leave of absence will be in writing and
no such leave will affect any employee's seniority rights when used for the
purpose granted provided he shall return to work at the expiration of such
leave. Any employee who fails to report for work upon expiration of his
leave of absence or any extension thereof shall be deemed to have
voluntarily ceased employment with the Company (except by reasons of force
majeure).
11.07(a) The Company shall compensate employees on the Negotiating Committee at
their standard hourly rate for time spent in negotiation meetings with the
Company during regular day shift hours that they would otherwise have
worked.
1. When meeting with Company for 2 hours or more, payment of a full day's
pay.
2. When meeting as a sub committee, payment of a full day's pay.
3. When Company requests member not return to work, payment of a full day's
pay.
(b) During negotiations for a new Collective Agreement, the Company will
place employees, members of the Negotiating Committee, on the day shift
when meeting with Company.
(c) The Union Negotiating Committee shall consist of a maximum of five (5)
members of the Bargaining Unit and such Union International Representatives
as required.
11.08Military Leave to participate in Reserve Force Training or Duty - a
maximum of 12 months leave of absence without pay will be granted to
employees who are members of the Reserve Force and are selected for
extended, full-time service on peacekeeping or other missions. Reservists
shall give the Company a minimum of 12 weeks advanced notice.
ARTICLE 12 - SAFETY AND HEALTH
12.01The parties hereto recognize the importance of safety provisions in the
plant for the welfare of the employees and for the protection of the
Company's property. The Company agrees to improve and promote safe working
conditions in the plant. A Safety Committee shall be composed of up to
three (3) Union and three (3) Company representatives and it is agreed that
the minutes of every meeting shall be made available to each member of the
committee and a copy to the Compensation Board.
12.02Pay for Safety Committee Meetings held outside regular working hours shall
be at straight time rates.
12.03The Company will maintain a first aid station for the emergency treatment
of accidents during working hours, and a log book of all accidents shall be
maintained. Qualified First Aid personnel shall be available on all shifts.
12.04(a) Any employee working in the immediate vicinity of a serious or fatal
accident may, at the discretion of the senior supervisor on shift, refrain
from working the balance of the shift, without loss of pay.
(b) The senior shift supervisor, in either of the above situations, shall
notify the Senior Union Representative on shift, of his decision.
12.05(a) Employees who believe that they are being required to work under
conditions which are unsafe or unhealthy beyond the normal hazards inherent
in the operation in question shall have the right to have such conditions
investigated immediately. Upon request by an employee to have his work
conditions investigated, his work station shall be shut down immediately,
until such time that the preliminary investigation is completed.
Preliminary investigations may be conducted by the shift supervisor and any
union officer that is on shift, and their decision shall be binding until a
final judgement is passed down by the Safety Committee.
(b) The Company shall, upon request from a Union Executive or the Health
and Safety Committee Coordinator, provide necessary monitoring of noise and
lighting levels.
(c) The Union shall be notified immediately upon initiation of any near
miss and/or accident report and shall have the right to investigate such
report.
12.06Where an employee is employed under the conditions where he might be
injured, and not be able to secure assistance, the employer shall devise
some method of checking on the well-being of the employee at intervals
which are reasonable and practicable under the circumstances.
ARTICLE 13 - HANDICAPPED EMPLOYEES
13.01In the event of employees sustaining injuries at work, or becoming
affected by occupational diseases during the course of their employment and
becoming physically handicapped, as a result thereof, every effort will be
made by the Company to give the handicapped employee such suitable
employment as is available.
ARTICLE 14 - UNION REPRESENTATIVES
14.01If an authorized Representative of the International Union who is not
employed by the Company wishes to speak to Local Union representatives in
the plant about a grievance or other official Union business, he shall make
arrangements through the Plant Manager. Such arrangements shall not
interfere with normal plant operations.
ARTICLE 15 - ESTABLISHED PRACTICES
15.01Any rights and privileges enjoyed by the employees prior to the execution
of this Agreement shall be continued and no change shall be put into effect
unless mutually agreed by the Company and the Union.
ARTICLE 16 - BULLETIN BOARDS
16.01The Company agrees to provide the Union with bulletin boards in the plant
for the purpose of posting Union notices and official papers. Notices will
be posted only by officers of the Union and will be in keeping with the
spirit and intent of this Agreement.
ARTICLE 17 - COMMITTEEMEN AND STEWARDS
17.01The Union shall notify the Company in writing, within one (1) week of
their appointment or election, of the names of all Union Officers,
Committeemen and Stewards.
17.02If a Union Officer or Committeeman is required to leave his job in
connection with his duties under this Agreement, he must obtain permission
from his immediate supervisor before doing so. Such permission will not be
unreasonably withheld and he shall not suffer loss of pay while so engaged
during his working hours.
17.03Union Officers, Stewards and Committeemen shall not suffer loss of pay for
authorized time spent during working hours in the performance of their
duties as recognized under this Agreement.
Matters to be dealt with under the provisions of this Agreement shall
normally be discussed during working hours.
17.04If a Union Officer or Committeeman is assigned to night shift and his
duties require his presence on day shift, he shall be transferred to the
day shift for the length of time his duties require his presence on the day
shift, providing proper notice is given to the Company.
Alternative employees may be selected by the Union when necessary to meet
work requirements or in case of sickness.
17.05There shall be a grievance committee selected by the Union. This committee
will be so selected that each department will be represented.
17.06The duties of officers and committeemen as referred to in this Agreement
shall be deemed to mean carrying out the responsibilities of the committee
or committees they are assigned to as designated on the lists of officers
and committeemen supplied to the Company by the Union. Only those employees
included on such lists to the Company will be recognized as spokesmen for
the Union having duties under this Agreement.
ARTICLE 18 - HOURS OF WORK
18.01Definition of Day and Work Day - A day is a twenty-four (24) hour period
beginning with the start of the employee's shift. The basic work day is
eight (8) consecutive hours of work in the twenty-four (24) hour period
broken only by the established lunch period.
18.02Purpose of Defining Work Day and Work Week - The daily and weekly hours of
work outlined in this Article 18 are stated solely for the purpose of
calculating overtime and shall, in no way, be interpreted as a guarantee of
work or pay per day or per week.
18.03Definition of Work Week - The basic work week is made up of five (5)
consecutive working days Monday through Friday.
18.04 Shift and Work Schedules
(a) The daily hours of work shall be outlined in Appendix (D) page 44.
(b) An employee required to change shift shall have eight (8) hours of rest
between shifts. In the event an employee is recalled to work before such
eight (8) hours elapse, he shall be considered as still working on his
previous shift and shall be paid the appropriate rates except on a change
from afternoon to day shift when seven and one-half (7-1/2) hours will
prevail).
(c) Shift schedules and hours of work schedules shall be made and posted in
the department no later than Wednesday of the preceding week. Employees
required to change shifts for the convenience of the Company shall not
suffer loss of regular earnings, as a result of such shift changes. The
Company will provide available work or pay for the employee(s) affected by
such shift changes to make up the amount of regular earnings by the end of
the following pay period. Overtime rates as set forth herein shall be paid
for work performed on an employee's scheduled days off.
18.05 Definition of Shifts
(a) A shift starting on or after 6:00 a.m., but before 9:00 a.m. is a day
shift.
(b) A shift starting on or after 2:00 p.m, but before 5:00 p.m. is an
afternoon shift.
(c) A shift starting on or after 10:00 p.m., but before 1:00 a.m. is a
night shift.
18.06 Shift Premiums
Effective January 1, 1998, shift premiums shall be:
(a) A shift premium of twenty-five cents ($.25) additional to the standard
hourly rate shall be paid each employee for hours worked on afternoon
shift.
(b) A shift premium of fifty cents ($.50) additional to the standard hourly
rate shall be paid each employee for hours worked on night shift.
(c) The shift premiums outlined in (a) and (b) above shall be paid during
overtime hours at the rates outlined, but shall not be included in the
standard hourly rate for computing overtime pay.
18.07 Lunch Periods
Employees shall be granted a lunch period in each shift as provided in
Appendix (D) pages 46 - 50 inclusive.
ARTICLE 19 - OVERTIME
19.01There shall be no pyramiding of time in the calculation of weekly overtime
by including any hours for which daily overtime has already been paid.
19.02 (a) Hours Worked in Excess of Eight (8)
The Company shall pay an employee two (2) times his regular straight time
hourly rate for all hours he is required to work over eight (8) hours a
day.
(b) Hours Worked in Excess of Twelve (12)
The Company shall pay an employee three (3) times his regular straight time
hourly rate for all hours he is required to work over twelve (12) hours a
day.
19.03 Hours Worked on Saturday
The Company shall pay two (2) times the employee's regular straight time
hourly rate for the first twelve (12) hours of work, and three (3) times
his regular straight time hourly rate thereafter.
19.04 Hours Worked on Sunday
The Company shall pay two (2) times the employee's regular straight time
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