EXHIBIT 10.19
COLLECTIVE LABOUR
AGREEMENT
ENTERED INTO BY
NORDX/CDT, INC.
AND
CANADIAN UNION OF
COMMUNICATION WORKERS
UNIT 4
EFFECTIVE
FROM JUNE 10, 1996 TO JUNE 9, 2001
INDEX - ARTICLES
Article 1 - Recognition 7
Article 2 - General purpose 7
Article 3 - Management rights 8
Article 4 - Non-discrimination 9
* Article 5 - Representation 9
Article 6 - Complaints and grievances 11
Article 7 - Arbitration 15
Article 8 - Union activities during working hours 17
Article 9 - Access to personnel cards 17
Article 10 - Information to Union Head Office 18
Article 11 - Bulletin boards 20
Article 12A - Union and continuous service 20
* Article 12B - Promotion, Bumping & Layoff 26
Article 13 - Supplementary Unemployment Benefits 34
Article 14 - Notices 39
Article 15 - Safety and health 39
Article 16 - Uninterrupted production 44
* Article 17 - Job evaluation 44
* Article 18 - Leaves of absence 46
Article 19 - Validity 56
Article 20 - Deduction of regular dues 57
Article 21 - Work performed by supervisors 58
Article 22 - Disciplinary action 58
* Article 23 - Hours of work 59
Article 24 - Overtime general provisions 67
Article 25 - Overtime 68
Article 26 - Sickness Day Credit 72
Article 27 - Offshift differential 73
Article 28 - Minimum compensation 73
Article 29 - Plant holidays 74
* Article 30 - Vacations 77
Article 31 - Pension plan and other benefits 82
Article 32 - Production standards 82
* Article 33 - Cost of living allowance 82
Article 34 - Wage administration plan - ▇▇▇▇▇▇ ▇-▇ ▇▇▇▇▇▇▇▇▇▇▇ -
▇▇▇▇▇▇▇▇ ▇▇▇▇ 85
Article 35 - Production Technicians 86
Article 36 - Wage administration plan - Apprentices A1 and A2 -
Montreal area 86
Article 37 - Rate protection 88
* Article 38 - Skilled trades 89
* Article 39 - Rates of pay - Grades 23-30 inclusively -
Montreal area 96
Article 40 - Rates of pay - Trades classification -
Montreal area 97
Article 41 - Rates of pay - ▇▇▇▇▇ ▇ - ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇
▇▇▇▇▇▇▇ ▇▇ - ▇▇▇▇▇ of pay - Levels 2-4 - Montreal area 99
Article 43 - Protection for employees on workforce
restructuring 100
Article 44 - Modification, renewal and termination 106
Appendix A Pension/Benefits 122
* See Letters of intent
ALPHABETICAL INDEX
Article 9 - Access to personnel cards 17
Article 7 - Arbitration 15
Article 11 - Bulletin boards 20
Article 6 - Complaints and grievances 11
* Article 33 - Cost of living allowance 82
Article 20 - Deduction of regular dues 57
Article 22 - Disciplinary action 58
Article 2 - General purpose 7
* Article 23 - Hours of work 59
Article 10 - Information to Union Head Office 18
* Article 17 - Job evaluation 44
* Article 18 - Leaves of absence 46
Article 3 - Management rights 8
Article 28 - Minimum compensation 73
Article 44 - Modification, renewal and termination 106
Article 4 - Non-discrimination 9
Article 14 - Notices 39
Article 27 - Offshift differential 73
Article 24 - Overtime - general provisions 67
Article 25 - Overtime 68
Appendix A Pension/Benefits 122
Article 31 - Pension plan and other benefits 82
Article 29 - Plant holidays 74
Article 32 - Production standards 82
Article 35 - Production Technicians 86
* Article 12B - Promotion, Bumping & Layoff 26
Article 43 - Protection for employees on workforce restructuring 100
* Article 39 - Rates of pay - Grades 23-30 inclusively -
Montreal area 96
Article 41 - Rates of pay - ▇▇▇▇▇ ▇ - ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇
▇▇▇▇▇▇▇ ▇▇ - ▇▇▇▇▇ of pay - Levels 2-4 - Montreal area 99
Article 40 - Rates of pay - Trades classification - Montreal area 97
Article 37 - Rate protection 88
Article 1 - Recognition 7
* Article 5 - Representation 9
Article 15 - Safety and health 39
Article 26 - Sickness Day Credit 72
* Article 38 - Skilled trades 89
Article 13 - Supplementary Unemployment Benefits 34
Article 16 - Uninterrupted production 44
Article 8 - Union activities during working hours 17
Article 12A - Union and continuous service 20
* Article 30 - Vacations 77
Article 19 - Validity 56
Article 36 - Wage administration plan - Apprentices A1 and A2 -
Montreal area 86
Article 34 - Wage administration plan - ▇▇▇▇▇▇ ▇-▇ ▇▇▇▇▇▇▇▇▇▇▇ -
▇▇▇▇▇▇▇▇ ▇▇▇▇ 85
Article 21 - Work performed by supervisors 58
* See Letters of Intent
INDEX - LETTERS
Letter 1 - Definition of "Level" 109
Letter 2 - Representation 110
Letter 3 - Funds 111
Letter 4 - Retirement Terms 111
Letter 5 - Gainsharing 112
Letter 6 - Students 113
Letter 7 - Pre-retirement program 113
Letter 8 - Movement In and Out of Various Shift Patterns 115
Letter 9 - Surplus machine operator 116
Letter 10 - Investment Guarantee 116
Letter 11 - New Facility 117
Letter 12 - Level 1 Employees 118
Letter 13 - Rate adjustment for employees on disability 118
Letter 14 - Definition of terms 119
Letter 15 - Vacation calculations 120
COLLECTIVE AGREEMENT
MEMORANDUM OF AGREEMENT made
BETWEEN:
NORDX/CDT, INC.
a corporation organized and existing under the laws of Canada
Hereinafter called the "Company"
OF THE FIRST PART
AND:
CANADIAN UNION OF COMMUNICATION WORKERS,
a body corporate duly incorporated under the provisions of the
Professional
Syndicates Act of the Province of Quebec.
Hereinafter called the "Union"
OF THE SECOND PART
ARTICLE 1 - RECOGNITION
1.01 Whereas the Canadian Union of Communication Workers was duly certified
under the Labour Relations Act by the Labour Relations Board of the
Province of Quebec on July l3th, l945, the Company recognizes the Union as
the exclusive bargaining agency for all shop clerks, production and
skilled trades hourly rated non-supervisory employees in the Province of
Quebec excluding Plant Security Staff and janitorial services. This
Agreement applies to ▇▇▇▇ ▇▇.▇ of the Union.
1.02 Under this Agreement, "employee" shall mean:
A person who is actively employed by NORDX/CDT in the capacity of a non-
supervisory hourly rated employee as described above.
Actively employed refers to a person on the active payroll and paid a wage
for work performed for the Company. A person on the active payroll
(except for layoff allowance) absent because of illness, injury or other
causes which do not interrupt accumulation of service with the Company is
considered an employee.
During the term of this collective agreement, should the Company establish
new plant facilities in Quebec to manufacture products currently being
produced in any of its present manufacturing location on the island of
Montreal, the Company will acknowledge the Canadian Union of Communication
Workers as the exclusive bargaining agency for employees described above.
ARTICLE 2 - GENERAL PURPOSE
2.01 The purpose of this Agreement is to maintain a harmonious relationship
between the Company and its employees and to provide an amicable method of
settling any differences or grievances which may arise with respect to
matters covered by this Agreement.
2.02 The Company and the Union are committed to meet upon request of one or
both parties to identify and discuss matters of mutual interest.
When both parties find it appropriate, working committees will be
implemented with a mandate to analyze certain problems and suggest
appropriate solutions.
These committees will be composed of both Union and Company
representatives and any other appropriate person convened by one of
the parties. The parties will be informed in advance, as far as it
is practicable, of the names of the people who will participate in
these committees.
Changes resulting from the working committees may form part of the
present collective labour agreement.
ARTICLE 3 - MANAGEMENT RIGHTS
3.01 The Union acknowledges that it has been and still is the exclusive right
of the Management of the Company to: hire, lay-off, discharge, classify,
transfer, promote, demote or discipline employees, subject to the
provisions of this Agreement.
3.02 The Union acknowledges the exclusive right of the Company to operate and
manage its business in all respects in accordance with its obligations and
generally to manage the enterprise in which the Company is engaged, and
without restricting the generality of the foregoing to determine the
number and location of work areas, the methods to be used in operations,
schedules, kinds and location of machines and tools to be used, processes
of repairing, warehousing and installing and the control of material and
parts to be used.
3.03 The functions outlined above will be exercised in a manner not
inconsistent with the terms of this Agreement.
ARTICLE 4 - NON-DISCRIMINATION
4.01 The Company agrees that there shall be no discrimination or intimidation
by the Company or any of its agents against any employee or group of
employees because of membership or non-membership in the Union.
4.02 The Company also agrees that representatives of the Union shall be free to
discharge their duties in an independent manner without fear that their
individual relations with the Company may be affected in the least degree
by any action taken by them in good faith in their representative
capacity.
4.03 The Union agrees that neither its officers nor its members will
intimidate, discriminate against or coerce any employee or group of
employees for the reason that they are or are not members of the Union.
4.04 There shall be no discrimination against any employee because of sex,
race, religious creed, colour, national origin, sexual orientation,
marital status, civil status, handicap or age, except to the extent that
legislation so permits.
4.05 In this Collective Agreement, words using the masculine gender include the
feminine and the feminine masculine; the singular includes the plural, and
the plural singular, where the text so indicates.
* ARTICLE 5 - REPRESENTATION
5.01 The number of "District Representatives" necessary to carry out the
provisions of this agreement on the Company premises shall be as mutually
agreed upon from time to time between the Company and the Union.
The number of Group Representatives shall be one (1) per approximately one
hundred (100) employees in the bargaining unit.
5.02 The Union agrees to furnish the Company with the names of its duly elected
officers and representatives appointed to perform any act in connection
with the carrying out of this Agreement, and undertakes to promptly notify
the Company of any change in the membership of officers or
representatives.
5.03 The Company agrees that Group Representatives will not be transferred from
their voting group, except for upgrading, promotional opportunities or for
effect of lack of work.
5.04 For the purpose of an effect of lack of work, a Group Representative will
not be downgraded or transferred laterally from his voting group while
there are junior service employees retained on the same grade or lower
graded jobs which the Group Representative can perform within his own
voting group.
5.05 For the purpose of an effect of lack of work, a Group Representative who
has served for four (4) or more years consecutively and has fifteen (15)
years continuous service shall be deemed to have the most seniority within
his voting group.
5.06 For the purpose of an effect of lack of work, a District Representative
who has served for four (4) or more years consecutively and has fifteen
(15) years continuous service shall be deemed to have the most seniority
within his voting district.
* See also letter of intent #2.
ARTICLE 6 - COMPLAINTS AND GRIEVANCES
6.01 For the purpose of this agreement, a grievance shall mean any dispute
involving the following paragraphs:
a) Wages, hours of work or other working conditions as contained in this
agreement.
b) Charges or allegations that an employee or group of employees has been
treated unfairly or discriminated against by the Company concerning
conditions contained in this agreement.
6.02 The Company agrees that any employee or Representative thereof may
approach Management through supervisory line organization concerning
matters which deserve consideration, modification or improvement.
6.03 It is the mutual desire of the parties hereto that complaints and
grievances of the employees be adjusted as quickly as possible.
6.04 A grievance shall be presented as soon as practicable following the
circumstances which caused the grievance to become known to the grievor or
the Union.
6.05 Any differences, disputes or grievances that may arise with respect to the
interpretation, application or alleged violation of any provisions of this
agreement shall be dealt with in accordance with the grievance procedure
which follows:
6.05.01 - STEP 1
It is generally understood that an employee having a complaint
shall first give the first-level manager concerned an opportunity
of adjusting the condition causing the complaint. The employee
may request the assistance of a Union Representative when taking
up a complaint with the first-level manager. The first-level
manager concerned shall give a verbal answer within two (2)
working days.
If an employee or the Union desires to lodge a grievance, he must
inform the first-level manager concerned. The latter shall
convene a meeting within five (5) working days with the employee,
the Union Representative and the Employee Relations Specialist.
If the grievance has been submitted in writing, he shall give a
written answer to the Union within five (5) working days after the
meeting. The written answer must indicate the name of the
responsible person at the second step for this grievance.
6.05.02 - STEP 2
Failing satisfactory settlement at the first step, within five (5)
working days following the answer, the grievance shall be
submitted, in writing to the second-level manager with a copy to
the first-level manager concerned. The second-level manager shall
convene a meeting within ten (10) working days with the District
Representative and/or his delegate, the HR Director and/or his
delegate and any other appropriate person convened by one of the
parties; the parties shall be informed in advance of the names of
the people invited to this meeting. Following this meeting, the
management representative shall send a written answer within five
(5) working days after the meeting.
6.05.03 - Any period of time specified in the grievance procedure may be
extended by mutual agreement.
6.05.04 - GRIEVANCES CONCERNING EMPLOYEES LAID OFF
The Company and the Union agree that grievances arising from any
layoff shall be submitted in writing at the second step by the
Union to the designated management representative of the business
unit within ten (10) working days after the Union is in receipt of
notification of layoff.
The designated management representative must submit his written
answer within five (5) working days.
6.05.05 - GRIEVANCES CONCERNING DISMISSALS AND SUSPENSIONS
Any grievance involving a dismissal shall commence at Step 2 of
the Grievance Procedure within ten (10) days after the Union has
been notified in writing of such disciplinary action.
Any grievance involving a suspension shall commence at Step 1 of
the Grievance Procedure within ten (10) days after the Union has
been notified in writing of such disciplinary action.
6.05.06 - GRIEVANCES RELATIVE TO JOB DESCRIPTIONS AND EVALUATIONS
In the event that an employee believes his job write-up does not
reflect his assignment, he must discuss and review his job
description with the first-level manager and if the problem is
not resolved within a delay of thirty (30) days, a grievance may
be processed in accordance with the grievance procedure
commencing at the second step.
Job Evaluation grievances shall be processed in accordance with
the grievance and arbitration provisions of this agreement. In
the event of arbitration proceedings of a job evaluation
grievance, the Union will, upon request, be allowed to have the
job reviewed by a Union Representative for a reasonable period
of time accompanied by a member of the Job Evaluation Committee.
6.05.07 - JOB POSTING GRIEVANCES
Any grievance related to a job posting must be submitted within
three (3) days of the posting of the employee's name selected for
the job, in accordance with the grievance procedure commencing at
the first step.
In the event that the selection for a job vacancy is in dispute,
the grievor and the incumbent shall be the only ones considered
for the position in contention. The right to grieve shall be
restricted to employees who apply for the vacancy. Following a
grievance, the names of all applicants shall be made available to
the designated Union Representative, if requested.
6.05.08 - REFERRAL TO ARBITRATION
Any grievance concerning the interpretation or alleged violation
of this agreement which is not satisfactorily settled in
accordance with this Article may be referred to arbitration as
provided in Article 7. The request for arbitration shall be
forwarded to the designated management representative and must be
made within twenty-one (2l) days after the final decision of the
Company has been given at Step 2, or when the time limits mutually
agreed upon have expired.
6.06 DISPOSITION
6.06.01 - An employee, if he so desires, may take up a grievance as an
individual, through the regular line of organization without
recourse to the grievance procedure, up to and including the
designated second-level manager as the final step. The Company,
however, undertakes that it will not attempt to settle any
grievance directly with the employee involved if his grievance has
already been discussed with the Company by a Union Representative
pursuant to the grievance procedure.
6.06.02 - The Union Representative may intercede on behalf of his members
at any time on matters covered by the Agreement which, in his
opinion, may affect the employees, either as individuals or as a
group, regardless of whether his action is taken as a result of a
complaint by an individual or a group or as a result of personal
observation.
ARTICLE 7 - ARBITRATION
7.01 Should the Company and the Union fail to reach an agreement in regard to
any differences concerning the interpretation or alleged violation of this
Agreement, the matter may be submitted to a single Arbitrator.
7.02 The parties shall attempt to agree on the choice of an arbitrator within
twenty (20) working days following the serving of the notice, or within
the period of time agreed upon by both parties. Failing agreement by the
parties on an arbitrator, an arbitrator shall be appointed by the Minister
of Labour at the request of either of the parties.
7.03 The arbitrator, however, shall not have jurisdiction to alter or change
any of the provisions of this Agreement or to substitute any new
provisions in lieu thereof, nor
to give any decisions inconsistent with the terms and provisions of this
Agreement.
7.04 A grievance submitted within fifteen days of the date on which the cause
of the action was initiated, cannot be rejected by the arbitrator for the
sole reason that the expected delay in this collective agreement has not
been respected.
7.05 A grievance claiming an employee has been unjustly discharged or suspended
may be settled by one of the following steps:
a) Confirming Management's action in discharging or suspending the
employee, or
b) Re-instating the employee with full compensation for time lost, less
earnings from other sources, or
c) Any other penalty which is just and equitable in the opinion of the
arbitrator.
7.06 a) The conferring parties may have the assistance of the employee or
employees concerned and any necessary witnesses and all reasonable
arrangements will be made to permit the conferring parties to have
access to work areas to view operations and to confer with the
necessary witnesses.
b) Both parties agree to disclose to each other documentation which may
be used in arbitration.
7.07 The Company shall not reimburse employees for pay lost in connection with
arbitration proceedings.
7.08 Both parties hereto will bear equally the expense of the arbitrator
appointed.
7.09 The arbitrator must render a decision within thirty (30) days after he has
heard the parties on the grievance.
ARTICLE 8 - UNION ACTIVITIES DURING WORKING HOURS
8.01 Representatives shall be permitted to leave their regular work for a
reasonable length of time to perform their duties in connection with this
Agreement subject to the approval of their immediate supervisor or manager
of the department where they are employed.
8.02 The Company agrees to pay employees at their hourly rate (except those on
leave of absence) who are Union Representatives for reasonable time spent
in the proper administration of this Agreement, during regular working
hours.
8.03 The Company reserves the right to prohibit soliciting of membership in the
Union during working hours or on Company premises.
8.04 Newly hired employees will be introduced by their immediate manager to
their District Representative or Group Representative. The Representative
may meet with the new employee for 15 minutes.
ARTICLE 9 - ACCESS TO PERSONNEL CARDS
9.01 Any employee, upon request, shall have the right to review his own
personnel and/or attendance record card, either individually or jointly
with the District Representative in the presence of the employee's
immediate supervisor or a representative of the Human Resources
Department.
9.02 The personnel card and/or attendance record card of any employee in the
representative's constituency shall also be made available to the Union
District Representative for the purpose of review, if information is
required from such records as a result of a complaint or grievance.
9.03 In the case of a grievance, the employee's representative will have access
to documents concerning the employee which are pertinent to the issue.
Such documents will include, but will not be limited to, information
related to education, job performance, training and experience.
9.04 Review of such information will take place in the presence of the
employee's immediate supervisor or a representative of the Human Resources
Department.
9.05 The Company will provide, upon request, to the district representative a
copy of the employee's employment history and any other information needed
as far as the law permits.
ARTICLE 10 - INFORMATION TO UNION
(HEAD OFFICE AND DISTRICT REPRESENTATIVE)
10.01 The Company agrees to provide lists of hourly rated employees eligible
for membership in the Union entering the service of the Company, and
also to provide, within one week, lists of hourly rated employees
covered by this Agreement whose employment with the Company is
terminated.
10.02 The Company will provide the Union, through the Human Resources
organization, a weekly list of hourly rated employees covered by this
Agreement who are either hired, returning to work, transferred,
laid-off, terminated, placed on maternity and/or parental leave of
absence, on leave of absence, on long-term disability, pensioned or have
resigned.
10.03 The Company agrees to provide monthly to the Union lists by name and
employee number of all employees covered by this Agreement. The lists
shall be compiled by department in order of Union service date with the
Company together with the
analysis number of the job and the job code to which the employee is
assigned. The Company shall also supply the Union service dates of
employees being laid off.
10.04 The Company agrees to provide to the Union semi-annually, in August and
February, a list of the names, employee numbers, department numbers and
addresses of all hourly rated employees coming under its jurisdiction.
10.05 The Company agrees to notify the Union in writing of those cases in
which an employee has been given a final review letter - L.A.R.C.
10.06 The Company agrees to provide to the Union, through the Human Resources
organization, a copy of published Organizational Notices/Lists. In
addition, the Company will inform the Union when an employee is assigned
to a temporary manager position as well as the anticipated duration.
10.07 The Company agrees to provide to the Union, monthly, a list showing
names and overtime hours paid during the preceding month.
10.08 For the purpose of this article, the word Union refers to the Union's
head office and District Representative.
10.09 Upon the Union's request, the Company agrees to provide, through the
Human Resources organization, a copy of the preferred hiring list.
10.10 The Company will provide the Union Representative with information in
any specific case where an employee has resigned and the Union
Representative feels the resignation was not totally voluntary, so
that the Union may investigate the matter before the employee
leaves the premises and, if deemed advisable, request the
appropriate manager concerned for a prompt review and, where
deemed appropriate, a modification of the case.
ARTICLE 11 - BULLETIN BOARDS
11.01 The Company will furnish, install and maintain a reasonable number of
glassed-in and locked bulletin boards as is mutually agreeable, and in
locations satisfactory to the Company and the Union.
11.02 The Bulletin Boards may be used for any and all of the following
purposes concerning the bargaining unit covered by this Agreement as may
be determined by the Union:
a) Notices of Union meetings and the reasons therefor.
b) Notices of nomination elections or referendums.
c) Results of elections or referendums.
d) Official records and reports relating to the operation of the Union.
e) Copies of agreements between the Company and the Union.
f) Notices of recreational and social affairs.
11.02.01 All such notices shall be approved by the Director of the
location or his delegate and the District Representative
advised, before being posted.
11.03 When Company notices which refer to the Union are to be posted, the
Company agrees to advise the Union of the contents before such notices
are posted.
ARTICLE 12A - UNION AND
CONTINUOUS SERVICE
12.01 Continuous credited service and Union service shall be based on the date
established on the Company records. The continuous credited service and
the Union service in the Company shall accumulate from the employee's
date of hiring subject to the following conditions:
12.01.01 Continuous credited service and Union service shall terminate
for the following reasons:
a) Voluntary resignation.
b) Discharge for just cause if not reversed through the
grievance procedure.
c) Absence from work for three (3) or more consecutive working
days without the Company being notified. It is considered
in such circumstances that the employee has resigned
voluntarily unless exceptional conditions, recognized by
the Company as such, are involved.
After the second (2nd) consecutive working day of absence,
the Company will advise the District Representative.
d) Inability to return to work within two (2) years after sick
benefits (if any) have expired; except where an employee is
eligible for Company pension.
e) Inability to return to work within three (3) years from the
first full day of absence due to a work accident
disability, as recognized by the CSST. In cases where there
has been a return to work and a relapse, as recognized by
the CSST, from the same work accident occurs, the
aforementioned three (3) year period will be calculated as
if it were a new accident.
f) Failure to return to work from layoff within one (l) week
after having
been notified to report; or within two (2) weeks after
having been notified and given satisfactory explanation for
not returning at the end of the first week.
It is agreed that laid off employees being recalled will be
permitted to give their present employer reasonable notice
of termination in order to accept recall.
g) Failure to return from layoff within the "Union and
Continuous service maintains" times, outlined in 12.01.03.
12.01.02 Deductions from continuous service shall be made for the
following reasons:
a) When an employee with less than three (3) full calendar
months of continuous service is absent without pay due to
sickness, that period of absence up to one (1) month only
in any consecutive twelve (12) month period, will be
granted upon return to work.
b) Any period of leave of absence in excess of one (1) month
in any consecutive twelve (12) months for which approval is
granted without credit for continuous service.
12.01.03 An employee shall maintain recall rights following layoff in
accordance with provisions set out below; his continuous
service and Union service shall be accumulated and/or
maintained as follows:
UNION SERVICE RECALL RIGHTS CONTINUOUS CONTINUOUS
AT DATE OF SERVICE SERVICE
LAYOFF ACCUMULATES MAINTAINS
UNION SERVICE
ACCUMULATES
AND MAINTAINS
Probation
completed and less
than 1 year 12 months * 12 months * 12 months
1 year but less
than 5 years 48 months * 18 months * 48 months
5 years or more 60 months * 24 months * 60 months
* NOTE: If employee returns from layoff within above periods.
12.01.04 Continuous service shall be bridged for the following reasons:
An employee whose term of employment has been broken and who is
subsequently re-employed shall be credited with previous
continuous service in the following manner, provided that the
employee had six (6) months or more of previous continuous
credited service when the term of employment was broken.
PERIOD OF SERVICE BREAK PREVIOUS CONTINUOUS SERVICE CREDITED
1 month or less at time of re-employment
greater than 1 month but less after completing a period of continuous
than 1 year service equivalent to the period elapsed
since recall rights expired or since the event
causing the service break occurred
1 year or more after completing 1 year of continuous service
12.01.05 Union service shall be adjusted for the following reasons:
a) Employees returning to the bargaining unit, without continuous
service break, following an absence of less than three (3)
years shall have all their Union service immediately credited
on the basis of full Company service acquired.
b) Employees returning to the bargaining unit, without continuous
service break, following an absence of more than three (3)
years, shall be immediately credited with prior Union service
in the bargaining unit. After one (1) year in the bargaining
unit, the Union service of employees affected will be adjusted
on the basis of full Company service acquired.
c) Employees from C.O.E.U. shall be credited only with the Union
service they acquire while in the bargaining unit. After three
(3) years in the bargaining unit, the Union service of
employees so affected will be adjusted on the basis of full
Company service acquired.
d) Employees whose recall rights within the bargaining unit have
expired and who are subsequently rehired shall have their Union
service immediately credited less the period which exceeds the
time limit stipulated in paragraph 12.01.03 to maintain the
Union service.
e) Employees of the bargaining unit whose term of employment has
been broken, other than for expiry of recall rights, and are
subsequently rehired shall have their previous Union service
credited
after one (1) year in the bargaining unit.
f) An employee's Union service will cease when the employee leaves
the bargaining unit.
12.02 A newly hired employee shall be considered as a probationary employee
and shall hold no rights as specified in article 12 of this agreement
for the first regular eighteen (18) weeks worked. The eighteen (18)
weeks worked probationary period shall be accumulated within not more
than one (1) year. After this date, his Union service rights will be
retroactive to the hiring date.
A probationary employee is eligible to become a member of the Union and
to be covered by all of the provisions of the agreement except when the
employee's service is terminated during the probationary period. Such
termination of employment shall be subject to the grievance procedure,
up to the second step.
In the event of lack of work, a probationary employee will be laid off
in reverse order of the number of regular days worked (Monday to Friday)
and shall have precedence over any other hiring from outside the
Company, if he submits an application for employment at the time of
leaving. A list of these probationary laid off employees who have
submitted an application of employment will be given to the Union.
* ARTICLE 12B
PROMOTION, BUMPING AND LAYOFF
12.03 PROMOTIONS
12.03.01 In making permanent promotions at level 3 and higher, the
Company shall take into consideration ability, skill,
experience (excluding experience acquired on temporary
assignments) and Union service. Where the first three factors
are relatively equal, Union service shall prevail. Job
vacancies at levels 1 and 2 shall be filled on the basis of
Union service from among those employees who apply.
i) Subject to the provisions of paragraph 12.03.01, selections
for filling vacancies will be made, amongst others, from
qualified employees in the same grade and qualified
employees in a higher grade than that of the vacancy.
12.03.02 (a) The Company will post notices of job vacancies,
excluding temporary assignments, in all levels for a period
of three (3) working days. Selections will be made in
accordance with paragraph 12.03.01.
i) Employees who are assigned to a 6 or 7-day work
schedule may apply up to three (3) days following the
posting period of
paragraph 12.03.02_a) if their work schedule is such that
they are absent during the three (3) days of posting.
(b) A vacancy which is to be filled by the reinstatement of an
employee to his former job from which he was downgraded, need
not be posted.
(c) A vacancy in level 1 which is to be filled by an employee
returning to the bargaining unit within one (1) year will not
be posted, providing there is no employee with more Union
service on the recall list.
(d) Following a job posting, the selection will be made as early
as it is practical. If the selection is not made within
thirty (30) days following the end of the posting period, the
job posting will be cancelled. Within three (3) working days
after the selection, the name of the successful candidate
will be posted on the notice boards for a period of three (3)
working days and also forwarded to the Union head office and
district representative in writing.
12.04 For level 3 and higher jobs, the qualifications evaluation process for
applicants will be subject to consultations between the Company and the
district representative.
12.05 EFFECT OF LACK OF WORK
When a business faces a layoff, the Company and the Union will meet,
during the notice period, to discuss solutions that could reduce the
number of employees affected.
The parties have agreed to the following specific rules to facilitate
the handling of surplus employees:
. Surplus procedure
. Bumping procedure
. Layoff procedure
12.05.01 When lack of work necessitates decreasing the workforce,
employees having the least Union service shall be selected as
surplus from the analysis number in level 2 and higher or by
the least Union service in level 1 in the second level
manager's total organization affected. The Company reserves
the right to maintain an efficient staff and consequently
ability will also be considered.
12.05.02 Such surplus employees shall be transferred laterally by Union
service at level 1 and, if qualified at level 2 and higher, to
fill any existing vacancies.
12.05.03 a) If there are no such vacancies, then level 4 surplus
employees shall be placed on jobs for which they are
qualified in the same level as that which was surplus or if
they are qualified down to level 2, displacing shorter
Union service employees.
b) If there are no such vacancies, then level 3 surplus
employees shall be placed on jobs for which they are
qualified in the same level as that which was surplus or if
they are qualified down to level 2, displacing shorter
Union service employees.
c) If there are no such vacancies, then level 2 surplus
employees shall be placed on jobs for which they are
qualified in the same level as that which was surplus, they
will displace shorter Union service employees.
d) ▇▇▇▇▇ ▇ surplus employees will displace level 1 employees
with less Union service.
e) Surplus employees, as described in paragraphs a), b) and c)
who cannot be placed on a job for which they are qualified,
will displace level 1 employees with less Union service.
12.05.04 If surplus employees cannot be placed according to clause
12.05.03, such employees shall be laid off.
12.05.05 Should an employee be on the point of being laid off and there
exists employees with less Union service at level 2, the
following conditions apply:
a) The position of the most junior employee at level 2, will be
posted. Level 1 employees will be allowed to apply, with the
most senior Union service applicant being deemed to be the
successful candidate. The employee with the least Union
service at level 2 will be laid off and the surplus employee
will fill the position vacated by the selected candidate.
b) Subsequent to (a) above, should an employee with greater
than five (5) years of Union service still be on the point
of being laid off, the position of the employee, with the
least Union service at level 3, will be posted. All
employees will be allowed to apply, with the most senior
Union service applicant being deemed to be the successful
candidate. The employee with the least Union service at
level 3 will be laid off and the surplus employee will fill
the position vacated by the selected candidate.
c) Only after an employee fails to find a position, through (a)
and (b) above, will he/she be laid off.
12.05.06 The Company will guarantee all employees, including
employees on probation, a minimum of one (1) week advance
notice prior to layoff.
12.05.07 Written notification of layoff will also be given to the
Union's district representative fifteen (15) days prior to the
date of layoff. Should this fifteen (15) day notice prove
impossible, the designated management representative will
consult with the Union. In addition, a copy of notification of
layoff, as mentioned in 12.05.06, will be given to the Union's
district representative at the same time it is given to the
employee.
12.05.08 The Company agrees to notify the Union head office and district
representative by letter when an employee refuses to exercise
his bumping rights.
12.05.09 An employee who is on Sickness and Accident or Long-Term
Disability benefits, on maternity or parental leave, at the time
that a notice of layoff would have applied to him had he been at
work, will be deemed to have received such notice at that time.
His records will be adjusted to reflect the period of time he
has been on the Sickness and Accident or Long-Term Disability
benefits, on maternity or parental leave, from the time the
layoff would have occurred until the employee is considered fit
to resume work.
12.05.10 When a lack of work of short duration necessitates a reduction
in manpower, the Company may offer a voluntary leave to all
employees having the same analysis number in the business
affected by the lack of work. This leave will be granted, based
on union service, to those so interested for a period not to
exceed three (3) months. The Company will inform the Union
prior to employees proceeding on this leave.
During this leave, the employee shall accumulate continuous
service and have the right to those benefits normally granted to
laid-off employees. He will not be entitled to neither a notice
period nor supplementary unemployment benefits.
Return to Work
--------------
The employee will be returned to work and will be assigned to
the position he held prior to his leave and/or will exercise his
bumping rights, in accordance with article_12.
12.06 FORCE MAJEURE
The following conditions shall apply for a situation arising beyond the
control of the Company and necessitating the layoff, within any period of
one month, of more than 50% of any business work force, as defined in
article 43.
i) Employees affected by such lack of work will not be subject to the
bumping procedure, as per paragraph 12.05, for a period not
exceeding three (3) months.
ii) The Company will offer the most senior Union service qualified
employees the option of performing the remaining work available or
electing to be laid off for a maximum of three (3) months and
receive only the supplementary unemployment benefit.
iii) Employees laid off will be recalled as per the requirements of the
work available and in keeping with the provisions of the collective
agreement.
12.07 RECALLS
The Union recognizes the right of the Company normally to hire additional
people according to the needs of the business, subject to the provisions
of this article.
12.07.01 Before recalling at levels 1 and 2, rate protected employees
will be considered by reverse order of Union service.
When recalling at levels 1 and 2, the Company will give first
consideration to laid-off employees, in order of Union service.
Such consideration is subject to the following:
a) Employees laid off, refusing a recall, will waive their recall
rights.
b) A recalled employee who has failed to meet job requirements on
a specific function will return on the Recall List and shall
not be recalled for the said function.
12.07.02 When recalling at level 3 and higher, the Company shall give
first consideration to laid-off qualified employees, in order
of Union service.
12.07.03 The Company and the Union shall review the records of laid-off
employees to determine if they have the potential to be trained
to fill existing vacancies, prior to the hiring of new
employees.
12.07.04 Employees must keep the Company informed of any change of
address. The Company agrees that it shall send a registered
notice or telegram to the last recorded address.
12.07.05 When the employment offered following recall is of a duration
of two (2) months or less and the employee is employed by
another company, the refusal of recall by said employee will
not result in the termination of his continuous service.
12.08 REHIRING
12.08.01 A laid-off employee shall be given preferred hiring
consideration for a period of time equivalent to his recall
period from the date such period ceases (maximum six [6] years,
including layoff period) if he makes application in writing to
the Company and presents himself for employment. Failure to
accept an offer of employment shall terminate this preference.
12.08.02 The Company agrees to advise a laid-off individual whose recall
rights are about to expire, of his preferred hiring
consideration as described in 12.08.01.
12.09 TRANSFERS
Before making transfers to locations outside of the Island of Montreal,
the Company will give due consideration to the wishes of the employees
involved.
* See also letters of intent # 9 and 14.
ARTICLE 13 - SUPPLEMENTARY UNEMPLOYMENT BENEFITS
13.01 For purposes of application of this article, a layoff can mean a
temporary layoff, including one on account of market fluctuations or
caused by a phase-out in a manufacturing location or business unit.
13.02 SCHEDULE OF SUPPLEMENTARY UNEMPLOYMENT BENEFITS (SUB)
An employee who is laid off for a period in excess of two (2) weeks solely
due to lack of work shall be granted SUB based on his continuous service
at the date of layoff in accordance with the following schedule except as
provided for in paragraphs 13.13 and 13.14:
CONTINUOUS SERVICE AT DATE OF LAYOFF
SUPPLEMENTARY
UNEMPLOYMENT
BENEFITS
PERIOD BUT NO. OF
COMPLETED LESS THAN WEEKS'
PAY
0 year 1 year 0 week
1 2 years 5 weeks
2 years 3 6
3 4 7
4 5 8
5 6 11
6 7 12
7 8 13
8 9 14
9 10 15
10 11 18
11 12 20
12 13 22
13 14 24
14 15 26
Three (3) weeks additional pay for each full year of continuous service
thereafter.
13.03 CALCULATION OF SUPPLEMENTARY UNEMPLOYMENT BENEFITS
SUB payments shall be based on the employee's regular work week hours
(excluding overtime) in effect as of the date of layoff.
The rate of pay used in such computations shall be the employee's
equivalent weekly rate, including COLA, in effect at the date of layoff.
13.04 Each week, the employee shall receive SUB equivalent to 90% of his
weekly pay, less Unemployment Insurance Benefit entitlement, provided he
has requested and obtained the Unemployment Insurance Benefits.
After Unemployment Insurance Benefits have been exhausted, a laid-off
employee shall be entitled to a payment of 60% of his regular weekly pay
until total SUB entitlement, under 13.02, is exhausted.
13.05 For purposes of application of paragraph 13.04, the total combination of
Unemployment Insurance Benefits entitlement, SUB and other compensation
shall not exceed, in any event, 90% of the employee's weekly pay.
13.06 SUB cease when :
a) the employee resigns,
b) SUB expire,
c) the employee refuses to report to work after recall (in accordance
with article 12.01.01 f).
In view of this article, the employee has no acquired right to SUB, except
during periods of unemployment which are mentioned in paragraphs 13.04 and
13.09.
13.07 a) An employee who has been re-employed following a period of layoff
and is again laid off shall be granted SUB based on his overall
continuous service after deducting the amount he received from his
previous layoff.
b) An employee who has been re-employed following a period of layoff and
who, after being back at work for a period of one (1) or more years,
is again laid off, shall be granted SUB based on his overall
continuous service.
13.08 a) The Company shall provide the following benefits for six (6) months
following the month of layoff as long as laid off employees continue
to contribute to those plans to which they are required to make
contributions:
- Supplementary Hospital Plan
- Extended Health Care Plan
- Vision Care Plan
- Dental Plan
- Group Insurance Plan - Part I
- Group Insurance Plan - Part II
- Dependent Life Plan
- Survivor Transition Benefit Plan
b) Laid off employees with ten (10) or more years of continuous service
shall continue to receive the following benefits for the remaining SUB
payment periods:
- Extended Health Care Plan
- Group Life Part I
The cost of this extended coverage shall be deducted from SUB entitlement.
13.09 Employees eligible to SUB shall not receive SUB during the UIC stoppage
period. However, if the layoff persists for more than two weeks,
employees shall receive two (2) weeks SUB, upon their return to work,
provided they have not exceeded the total amount of SUB in that time. In
such event, the SUB payment shall be considered as being made during the
UIC stoppage period of two weeks.
13.10 In the case of an employee who, within ten (10) working days, is recalled
from a layoff from where he was laid off, he shall be reimbursed for the
layoff period as if he had been actively employed.
13.11 In the case of a laid-off employee's death, the provisions of paragraph
43.07 of this agreement shall apply to the estate.
13.12 Employees must apply and receive layoff allowance before any SUB payments
become effective.
13.13 LAYOFF ALLOWANCE AND LUMP SUM PAYMENT
a) An employee with fifteen (15) or more years of continuous service may
elect to receive a layoff allowance in a single payment. This option
is not subject to qualification for UIC. The entitlement for this
single payment will be as follows:
CONTINUOUS SERVICE AT DATE OF LAYOFF LAYOFF
ALLOWANCE
PERIOD BUT NO. OF
COMPLETED LESS THAN WEEKS'
PAY
15 years 16 years 22 weeks
Three (3) weeks additional allowance for each full year of continuous
service thereafter.
b) The payment will be based on the employee's regular work week hours
(excluding overtime) and on his equivalent weekly rate of pay at the
date of layoff excluding COLA.
c) The layoff allowance shall be based on the employee's overall
continuous service after deducting the amount received as a result of
previous layoff excluding the layoff allowance received prior to 1988.
d) Should this individual be later recalled within a time interval
shorter than that covered by the number of weeks of layoff allowance
granted, the amount of layoff allowance paid to the employee for the
excess number of weeks shall be considered as an advance in pay by the
Company and repayable through payroll deductions at the rate of 10% of
such employee's wages per pay period.
e) In subsequent layoffs, the layoff allowance of an employee who
previously elected a lump sum payment shall be based on his overall
continuous service after deducting the amount received as a result of
previous layoffs. Furthermore, his layoff allowance entitlement at
any future date shall not be restored.
f) An employee electing to receive Supplementary Unemployment Benefits
forfeits selection of a single payment on any subsequent layoff.
g) Should a situation arise, beyond the control of the Company, which
necessitates the layoff of more than 50% of the workforce, employees
affected may elect only the SUB plan.
13.14 An employee having at least five (5) years of continuous service can
forfeit his recall rights and receive a layoff allowance in a lump sum.
The layoff allowance shall be one (1) week of salary for each full year
of continuous service.
13.15 LAYOFF ALLOWANCE AND SUPPLEMENTARY UNEMPLOYMENT BENEFITS
It is agreed that in the event of major changes to the Unemployment
Insurance regulations negatively impacting the payment under the
Supplementary Unemployment Benefit Plan, the Company agrees to revert to
the former layoff allowance plan, with the schedule of the 1988-91 Nortel
collective labour agreement, if so requested by the Union.
ARTICLE 14 - NOTICES
14.01 The Company agrees that before any non-supervisory office vacancies,
either for clerks or technicians (including time study, manufacturing
process layout and skill training), are filled by transfer of an hourly
employee or by outside hiring, the Company shall consider only those
employees who have applied to a notice of vacancy. Notices shall be
posted on bulletin boards visible to all hourly employees.
When qualifications are equal, employees having the greater union service
will be given preference, when the selection is made from the applicants.
14.02 The Company agrees, when an opening in management occurs, to consider
employees who have expressed their desire to become part of management.
ARTICLE 15 - SAFETY AND HEALTH
15.01 The Company and the Union recognize that they must endeavour jointly to
maintain high standards of safety and health in the workplace. The
Company shall take the necessary measures to ensure the safety and health
of the employees and will provide information and training, when
necessary.
15.02 The Company shall maintain adequate health facilities in the work areas
and will provide adequate safety devices.
15.03 No employee shall be required to operate or use any machinery, tool, die
or other piece of equipment in defective order.
15.04 In case of equipment considered dangerous, the Union may
immediately meet with the Health & Safety Committee in order to check
the equipment.
15.05 In the case where an employee sustains an injury at work or incurs an
occupational sickness during his period of employment, and as a result
is permanently unable to perform work similar to that performed prior
to his employment injury, he may fill a job vacancy or exercise his
bumping rights, as per article 12, on a job corresponding to his
physical restriction.
An employee, after completing his probation period, downgraded in
accordance with article 15.05, will have his rate of pay frozen until
the rate of his new grade reaches this rate of pay.
An employee with five (5) years or more of continuous service,
downgraded in accordance with article 15.05 from a grade to which he
has been assigned, will maintain the rate of pay in effect at time of
downgrade during the life of this agreement.
15.06 An employee who is permanently unable to perform work similar to that
performed prior to his sickness, shall be transferred to fill existing
vacancies at the same grade level, corresponding to his physical
restriction and for which he possesses the qualifications, within the
bargaining unit.
15.07 An employee with fifteen (15) years or more of union service, who cannot
be placed in accordance with 15.05 and 15.06, shall be placed on a job
corresponding to his physical restriction at the same grade level or
lower, by displacing shorter union service employees within the
business unit. The employee shall receive a one (1) week
familiarization period.
If unable to place the employee, he will be given appropriate work until
he is placed on the next suitable opening, taking into account his
qualifications, union service and physical restriction.
15.08 An employee with twenty-five (25) years or more of continuous service,
downgraded in accordance with article 15.07 from a grade to which he has
been assigned, will maintain the rate of pay in effect at time of
downgrade during the life of this agreement.
15.09 Should suitable employment not be available, as indicated in paragraphs
15.05, 15.06 or 15.07 or should the employee be unable to meet the
requirement of such employment, the designated third-level manager, as
identified in paragraph 6.06.03, and the District Representative shall
meet to discuss the pertinent data related to the problem, with an aim
to attempt to retain and gainfully employ the individual concerned,
before any action is taken by the Company.
15.10 The Company and the Union agree to establish a Health and Safety
Committee
structured to conform with existing legislation.
15.11 For reasons of safety, when an employee is assigned to perform work in
an isolated area and where it may not be possible for him to request
assistance, the Company agrees to set up proper surveillance in order to
provide help and/or assistance as may be necessary.
15.12 The Company will provide to the district representative a copy of the
Employer's accident reports and, if necessary, a copy of the temporary
assignments.
15.13 EMPLOYEE REHABILITATION
The Company and the Union acknowledge their joint responsibility to
ensure that employees who are disabled as a result of illness or injury
are given every available opportunity to participate in rehabilitation
programs, including rehabilitative employment.
In order to facilitate access to such programs, members of the Joint
Rehabilitation Committee and appropriate resources shall meet to
identify rehabilitation opportunities.
The Committee shall determine the possibilities for rehabilitation and
provide assistance to employees to ensure a successful integration into
the work environment. The Company will make every effort to facilitate
access to rehabilitation which could involve modifications to the work
schedule, the tools and/or the organization of work. However, such
modifications must not be damaging for the health and safety of other
workers. No privilege granted in this article can have the effect of
giving an employee recall and layoff rights which he would not have had
if he had been at work in regular conditions.
It is agreed that when opportunities for rehabilitation become apparent,
the employee and/or his personal physician shall be advised of these
opportunities. The employee and his physician shall then assess whether
the employee should benefit from the opportunity.
If the employee and his physician decide to take advantage of the
opportunity, the treating physician and/or the employee must consult the
Health Centre to discuss a rehabilitation program. The Health Centre
representative shall meet with the members of the Joint Comittee to
identify rehabilitation opportunities and design a personalized
progressive program.
If a rehabilitation program does not involve rehabilitative employment,
the current conditions for continued S & A or LTD shall be applicable.
If a rehabilitation program involves rehabilitative employment, the
employee will continue to draw Sickness and Accident (S&A) or Long Term
Disability (LTD) Benefits, as the case may be. Earnings from such
employment will be paid in addition to S&A or LTD
benefits up to a level equal to 100% of the base rate plus COLA which
the employee would have earned had he been at work on a full-time basis.
If income from all sources exceed such levels, then S&A or LTD benefits
will be reduced by the amount of income that exceed such 100% level.
When an employee on rehabilitation is at work, he will retain the rights
and privileges that he would normally have as if he would be on his
regular job. It is understood that these rights and privileges must not
be contradictory to the objective and provisions of his personalized
rehabilitation program.
An employee on rehabilitation will have the right to a plant holiday, in
accordance with article 29, so long as the plant holiday falls on a day
when the employee would normally have been at work as per his
personalized rehabilitation program.
In the event that an employee on rehabilitation takes his vacations,
these vacations will be treated as if this employee was normally at
work.
Those employees receiving LTD benefits and participating in a
Rehabilitation Program which entails receipt of rehabilitation earnings
from rehabilitative employment will accrue vacation in connection with
their continuous service and rehabilitation earnings on the following
basis:
Less than three years service 4% of earnings from hours worked
Three (3) to ten (10) years service 6% of earnings from hours worked
Ten (10) to nineteen (19) years service 8% of earnings from hours
worked
Nineteen (19) to twenty-nine (29) years service 10% of earnings from
hours worked
Twenty-nine (29) years service and above 12% of earnings from hours
worked
ARTICLE 16 - UNINTERRUPTED PRODUCTION
16.01 During the term of this Agreement and during the period when
negotiations for a further Agreement are in progress, the Company agrees
that there shall be no lockouts, and the Union agrees that there shall
be no slowdown, strike or any other stoppage or interference with work
which would cause any interruption in production.
* ARTICLE 17 - JOB EVALUATION
17.01 The Union agrees that the classification of employees within the
established grades for the various occupations will be in accordance
with the Job
Evaluation Plan presently in use in the Company.
(a) A copy of the Hourly Evaluation Plan and all modifications will
be supplied to the Union.
(b) The employee involved and the District Representative will review the
job write-up with the immediate manager to ensure that all important
duties are included, before submission to the Grading Committee for
evaluation.
(c) The Company will supply the Union with the same job write-up data
which is submitted by supervision to the Grading Committee, prior to
the evaluation.
(d) The evaluation will be completed within thirty (30) working days
following completion of the job description.
(e) Substantiation data of evaluated jobs will be supplied to the
Union.
(f) When a job is re-evaluated, existing job rates shall continue in
effect until the evaluation is completed. Any rate increase
resulting from the evaluation shall be retroactive to the date of
submission of the revised write-up to the Grading Committee or from
the date of the submission of a grievance, whichever is earlier.
(g) The Company agrees to advise the Union in writing, thirty (30)
days in advance of any reduction in the grade level of an existing
job resulting from evaluation.
(h) The Company agrees to meet with the Union to discuss any
modifications to the Evaluation Plan prior to their introduction.
* See also article 6.
* ARTICLE 18 - LEAVES OF ABSENCE
18.01 MATERNITY
Maternity leave of absence shall be granted to employees subject to the
following conditions:
PRIOR NOTICE
a) The employee must notify the Company of her intention to proceed on
maternity leave, in writing, at least three (3) weeks prior to the
commencement
of such leave.
This notice must be accompanied by a medical certificate attesting to
the state of the pregnancy and the expected date of birth. The period
of notice may be less than three (3) weeks in cases of emergency
substantiated by a medical certificate.
TERM OF LEAVE
b) As of the sixth (6th) week preceding the expected date of birth, the
Company may request the pregnant employee who is still at work to
produce a medical certificate attesting to the fact that she is fit to
work.
c) If the employee refuses or fails to supply the Company with the said
certificate within eight (8) days, the Company may oblige her to take
her maternity leave immediately by giving her a written notice to this
effect.
d) Maternity leave shall be granted for a period of eighteen (18) weeks
or any other period provided by law.
e) Extension of the leave of absence as covered in (d) may be granted for
an additional period of up to thirteen (13) weeks on the advice of the
Company Medical Department.
MATERNITY LEAVE ALLOWANCE
f) Maternity leave allowance will only be paid to those employees who
have continuous service of thirteen (13) weeks or more.
g) The employee who provides proof that she is receiving unemployment
insurance benefits shall be paid for up to fifteen (15) weeks
maternity leave allowance equivalent to 75% of the employee's weekly
base rate less unemployment insurance benefits received by the
employee. Payment of this allowance will cease after the employee
ceases to qualify for unemployment insurance benefits.
h) The employee who is not entitled to receive unemployment insurance
benefits for all or a portion of the fifteen (15) weeks of maternity
benefits, due to having been previously laid off by the Company shall
be paid maternity leave allowance during Maternity Leave for up to
fifteen (15) weeks at a rate equivalent to 75% of the employee's
weekly base rate, less any unemployment insurance benefits received.
i) The employee who, while employed by the Company, has received
unemployment insurance benefits in connection with maternity leave and
who is subsequently laid off by the Company without having worked
sufficient time
to permit maximum entitlement to unemployment insurance benefits,
shall be paid an amount equivalent to the difference between the
remaining amount of unemployment insurance benefit payable in the 52
week unemployment insurance entitlement period, and the maximum amount
of unemployment insurance benefit entitlement had the employee not
collected unemployment insurance benefits while on maternity leave,
plus layoff allowance top up.
RETURN TO WORK
j) The employee must be cleared by the Company Medical Department before
starting work.
k) When an employee is ready to return from a maternity leave of absence,
reinstatement will be in accordance with the appropriate following
procedures:
(i) Employee with a planned maternity leave of absence of up to
eighteen (18) full weeks, or any other period provided by law,
will be reinstated in her former position with all rights to which
she would have been entitled if she had continued to work.
(ii) If the employee's former position no longer exists upon her
return to work, she shall exercise her bumping rights as if she
had been at work.
l) After re-employment, the employee will be credited with her maternity
leave of absence service, prescribed by legislation as mentioned
in_d).
m) An employee who fails to return to work at the end of her leave shall
be considered as having resigned from the Company, effective her last
day of work.
18.02 PARENTAL LEAVE
a) PARENTAL LEAVE FOR CHILDBIRTH
Parental leave of absence shall be granted subject to the following
conditions:
i) Applicable to parents of a newborn child. Leave shall not exceed
thirty-four (34) weeks.
ii) It will commence no earlier than the date of birth. Such leave
shall terminate no later than one (1) year after the date of
birth.
b) PARENTAL LEAVE FOR ADOPTION
Parental leave of absence shall be granted subject to the following
conditions:
i) Applicable to parents of an adopted child who is not of
school age. Leave will not exceed thirty-four (34) weeks.
ii) It is understood that the employee will furnish evidence of
adoption. The parental leave is not available for the adoption
of a child of the spouse.
iii) It will commence no earlier than the date that the child comes
into custody, care and control of the employee for the first time
and must not terminate later than one (1) year from such date.
However, in the event that the employee must be away from work,
to travel outside of Quebec, in order to gain custody of the
child, his adoption leave may commence at that time.
c) PRIOR NOTICE
The employee must notify the Company of his intention and duration of
parental leave in writing at least three (3) weeks prior to the
commencement of such leave.
d) PARENTAL LEAVE ALLOWANCE FOR CHILDBIRTH
i) The following provisions apply to parental leaves, pursuant to
article 18.02_a), for the period of such leave.
ii) Parental leave allowance will only be paid to those employees who
have continuous service of nine (9) months or more.
iii) The employee who provides proof that he is receiving
unemployment insurance benefits shall be paid for up to ten (10)
weeks parental leave allowance equivalent to 75% of the
employee's weekly base rate less unemployment insurance benefits
received by the employee. Payment of this allowance will cease
after the employee ceases to qualify for unemployment insurance
benefits.
iv) The employee who is not entitled to receive unemployment
insurance benefits for all or a portion of the ten (10) weeks of
parental benefits, due to having been previously laid off by the
Company, shall be paid parental leave allowance during Parental
Leave for up to ten (10) weeks at a rate equivalent to 75% of the
employee's weekly base rate, less any unemployment insurance
benefits received.
v) The employee who, while employed by the Company, has received
unemployment insurance benefits in connection with parental
leaves and who is subsequently laid off by the Company without
having worked sufficient time to permit maximum entitlement to
unemployment insurance benefits, shall be paid an amount
equivalent to the difference
between the remaining amount of unemployment insurance benefit
payable in the 52 week unemployment insurance entitlement period,
and the maximum amount of unemployment insurance benefit
entitlement had the employee not collected unemployment insurance
benefits while on maternity and/or parental leave, plus layoff
allowance top up.
e) PARENTAL LEAVE ALLOWANCE FOR ADOPTION
i) Parental leave allowance will only be paid to those employees who
have continuous service of nine (9) months or more.
ii) The employee who provides proof that he is receiving unemployment
insurance benefits shall be paid for up to ten (10) weeks
parental leave allowance equivalent to 75% of the employee's
weekly base rate less unemployment insurance benefits received by
the employee. Payment of this allowance will cease after the
employee ceases to qualify for unemployment insurance benefits.
iii) The employee who is not entitled to receive unemployment
insurance benefits for all or a portion of the ten (10) weeks of
parental benefits, due to having been previously laid off by the
Company, shall be paid parental leave allowance during Parental
Leave for up to ten (10) weeks at a rate equivalent to 75% of the
employee's weekly base rate, less any unemployment insurance
benefits received.
iv) The employee who, while employed by the Company, has received
unemployment insurance benefits in connection with parental
leaves and who is subsequently laid off by the Company without
having worked sufficient time to permit maximum entitlement to
unemployment insurance benefits, shall be paid an amount
equivalent to the difference between the remaining amount of
unemployment insurance benefit payable in the 52 week
unemployment insurance entitlement period, and the maximum amount
of unemployment insurance benefit entitlement had the employee
not collected unemployment insurance benefits while on maternity
and/or parental leave, plus layoff allowance top up.
v) In the instances described in ii) and iii) above, the Company
shall pay during the adoption leave exceeding ten (10) weeks when
no unemployment benefits are being paid, up to five (5)
additional weeks at 75% of the employee's weekly base rate.
f) RETURN TO WORK
i) If the parental leave is for a duration of eighteen (18) weeks or
less, the employee will be reinstated in his former position with
all rights to which
he would have been entitled if he had continued to work,
including credit for service.
ii) If the leave is for more than eighteen (18) weeks, upon return,
the employee will be assigned to a similar position or if the
position does not exist, he will exercise his bumping rights in
accordance with article 12. For the purpose of service
accumulation, the employee will be credited with his parental
leave of absence.
iii) The employee who does not return to work at the end of his
parental leave is presumed to have resigned effective his last
day at work.
18.03 JURY DUTY OR COURT ATTENDANCE
Leave of absence with pay shall be granted by the Company to employees
summoned for jury or court attendance (not as plaintiffs, defendants or
voluntary witnesses). Employees shall report for regular duties while
temporarily excused from attendance at court.
18.04 BEREAVEMENT
(i) When a death occurs in the immediate family of an employee and the
employee attends the funeral, such employee shall, on request, be
granted a leave of absence not to exceed five (5) consecutive
regular working days during his standard Monday to Friday work
schedule. An employee's immediate family shall be considered as
husband, wife, spouse, son, daughter, mother, father, mother-in-law,
father-in-law, sister, brother, brother-in-law, sister-in-law, son-
in-law, daughter-in-law, grandparents, grandchildren, ▇▇▇▇▇▇
parents, step-brother, step-sister, step-child, step-parents, child
of current spouse and legal guardian. Other relatives residing with
the employee shall also be considered as immediate family.
The Company will grant, in accordance with the above, a bereavement
pay allowance, of up to a maximum of three (3) days during the
employee's regular Monday to Friday working schedule and restricted
to the period from the date of death to the day immediately
following the funeral inclusively.
(ii) In the event the employee is unable to attend the funeral of a member
of his immediate family, as described in 18.04 i, and a memorial
service is held, he shall be granted, on request, a one (1) day
leave of absence with pay to attend the memorial service.
(iii) Extension to the leave of absence may be granted when an employee
has difficult travel arrangements, long distances to travel, or all
of the responsibility for funeral arrangements.
(iv) Where interment of a deceased member of an employee's immediate
family is delayed, the employee may elect to take up to one (1)
working day from his five (5) day bereavement leave entitlement to
attend the interment.
18.05 QUARANTINE
An employee required to be absent due to quarantine imposed by duly
constituted health authorities shall be paid for such absence which shall
be treated as absence due to personal sickness.
18.06 SPECIAL LEAVE
An employee who must serve a period of incarceration as a result of being
found guilty of an offence under the "Code de la Route" will be granted a
leave of absence without pay of up to ninety (90) calendar days in order
to serve the period of incarceration. An extension may be granted by the
Company. Only one (1) such leave may be granted during the life of the
agreement.
18.07 EDUCATIONAL LEAVE OF ABSENCE
1. This paragraph allows an employee to take an authorized educational
leave of absence without pay to further their knowledge of
telecommunications or related technology, particularly as it applies
to the Company's operations.
2. Such leave shall be granted as deemed appropriate by the Company and
taking into account production requirements.
3. To be eligible, an employee must have a minimum of two (2) years of
continuous service and shall apply in writing, no later than August
1st of each year, stating the reasons for such a request.
4. Normally only one (1) application per twelve-month period shall be
granted.
5. The Company reserves the right to determine the number of leaves
granted to each employee.
6. The duration of each leave of absence granted shall be to a maximum of
twelve (12) months.
7. Employees who successfully complete their courses will be eligible
under the Company's Tuition Refund, with the following exceptions:
o Maximum of $3000 per year.
o Employees will be reimbursed upon successful completion of courses.
8. BENEFITS
o Employees who take an authorized educational leave of absence
without pay will have access to the benefits available under the
existing plan applicable to the authorized leave of absence without
pay.
9. RETURN TO WORK
o Upon return to work, the Union service shall be credited
immediately for the period of the educational leave of absence.
o Upon return, the employee shall be assigned to a similar position
or if the position does not exist, he shall exercise his bumping
rights in accordance with article 12 or 38.
* Refer to articles # 12 and 30.
ARTICLE 19 - VALIDITY
19.01 If for any reason any portion of this Agreement shall be held to be void
and unlawful, it shall not affect the validity of the rest of the
Agreement.
19.02 The Company agrees that existing general privileges not included in this
Agreement will not be withdrawn during the life of this Agreement without
due and sufficient cause and the Company undertakes to advise the Union
of any contemplated changes.
ARTICLE 20 - DEDUCTION OF REGULAR DUES
20.01 During the term of this Agreement, the Company will deduct the regular
Union dues from the wages of all employees covered by this Agreement in
installments.
20.02 When sufficient pay is not available for all other deductions during the
period when deductions are made, no deductions shall be made for Union
dues.
20.03 The Union agrees to keep the Company harmless from any claims against it
by an employee, which arise out of deduction under this Article.
20.04 Dues deduction shall be suspended during the period of an employee's
leave of absence without pay. When the employee is returned to the
payroll, deduction of Union dues shall be automatically resumed.
20.05 Amounts deducted for dues shall be remitted to the Secretary Treasurer
of the Canadian Union of Communication Workers as soon as possible after
the end of each fiscal month. Each remittance shall be accompanied by a
statement showing the amounts of the deductions for each employee.
20.06 Any change in the amount of monthly Union dues will be certified to the
Company by the Secretary-Treasurer of the Canadian Union of Communication
Workers. A certification in a form acceptable to the Company which
changes the dues shall become effective thirty (30) days following the
date the Company receives such certification.
20.07 Deduction of dues from the employee's paycheque shall commence upon
completion of the first full week of employment with the Company.
ARTICLE 21 - WORK PERFORMED BY SUPERVISORS
21.01 The Company agrees that supervisors and salaried employees will not
normally perform work ordinarily assigned to hourly employees, except for
instructional or experimental purposes, or when competent non-supervisory
employees are not available, or in cases when abnormal conditions arise.
ARTICLE 22 - DISCIPLINARY ACTION
22.01 No employee covered by this Agreement shall be disciplined in any
manner, demoted, suspended or discharged except for just cause.
22.02 An employee who is being disciplined, suspended or discharged may, if he
so requests, have his Union Representative present as an observer, during
the disciplinary interview. The Union Representative may ask for
clarification of Company statements and facts related to the discipline.
22.03 A formal warning is in effect for a period of fifteen (15) months.
A final warning expires after twelve (12) months of acceptable
performance.
22.04 (a) The Company agrees to submit to the Union a copy of the formal or
final warning within three (3) days following the issuing of the
warning. Specific reasons for the warning will be included, e.g.
frequency and dates of tardiness, etc.
(b) With prevention as our objective, the Company agrees to furnish the
Union with a copy of the counselling.
22.05 The Company agrees to notify the Union by telephone, to be confirmed by
letter, of those cases in which an employee is being suspended or
separated from the Company. Specific reasons for the suspension or
separation will be included in identifiable brief details as shown
under paragraph 22.04_(a).
* ARTICLE 23 - HOURS OF WORK
23.01 The regular hours of work for all operating locations shall be forty
(40) hours per week.
23.01.01 The standard hours of work shall be as follows:
REGULAR SHIFT OPERATIONS
8 hours - 1/2 hour lunch
TWO SHIFT OPERATIONS
Day Shift: 8 hours - 1/2 hour lunch
Swing Shift: 7 1/2 hours - 1/2 hour lunch
MULTIPLE SHIFT OPERATIONS
1st shift - 8 hours - 1/2 hour lunch
2nd shift - 7 1/2 hours - 1/2 hour lunch
3rd shift - 7 1/2 hours - 1/2 hour lunch
CONTINUOUS PROCESSES
1st shift - 8 hours - no lunch hour
2nd shift - 8 hours - no lunch hour
3rd shift - 8 hours - no lunch hour
NIGHT SHIFT
8 hours - 1/2 hour lunch
23.01.02 The Company reserves the right to change from time to time the
starting and stopping time of any regular shift; it is however
agreed to consult with the Union before putting any such
changes into effect.
23.01.03 When extensive workforce reductions would otherwise be
required, it may be found desirable to reduce the scheduled
hours of work below the standard weekly work schedule to
minimize such workforce reductions. Any action taken in this
respect shall be the subject of negotiations between the
Company and the Union. Negotiations thereon shall take place
when requested by either party to this Agreement and in the
event of such negotiations, the new schedule proposed by the
Company may be placed in effect pending Agreement between the
parties.
23.01.04 a) Except in the case of emergency, the Company will give its
employees a forty-eight (48) hour notice for all shift
changes.
b) Overtime hours leading to a shift change will be governed
by article 24.02.
23.02 SEVEN-DAY CONTINUOUS SHIFT CONFIGURATION
The conditions under which the parties agree to implement a schedule of
working hours, designated as twelve (12) hour shifts.
23.02.01 HOURS OF WORK
i) The term "working day" as used in this Collective Agreement
means a regularly scheduled work day of twelve (12) hours.
ii) The standard schedule for employees on a twelve (12) hour
seven (7) day shift schedule is comprised of twelve (12)
hours of work in a twenty-four (24) hour period. The standard
weekly schedule for employees on this shift is comprised of
days of twelve (12) hours on a three (3) or four (4) day work
week depending on the employee's work schedule.
iii) The regular payroll week for employees on a twelve (12) hour
shift schedule will commence at 7:00 p.m. on Sunday and
terminate at 7:00 p.m. on the following Sunday.
23.02.02 RATES OF PAY
Regular hours scheduled and worked, in accordance with the twelve
(12) hour shift schedule, will be paid at straight time rates.
The weekly average standard schedule is forty-two (42) regular
hours worked.
A premium of $3.50 per hour will be paid for all scheduled hours
worked during the regular shift on Saturdays, provided that such
hours are not paid on an overtime basis.
A premium of $5.00 per hour will be paid for all scheduled hours
worked during the regular shift on Sundays, provided that such
hours are not paid on an overtime basis.
23.02.03 OFF-SHIFT DIFFERENTIAL
Off-shift differential will be paid for all the hours worked
between 3:00 p.m. and 7:00 a.m.
23.02.04 COLA PREMIUM
COLA premium is paid based on forty-two (42) hours.
23.02.05 OVERTIME PAYMENT
a) A rate of 1 1/2 times the hourly rate shall be paid:
i) for the first eight (8) hours worked if an employee is
notified that he is required to work on his designated day
of rest, double time will be paid for the following hours
worked. This provision shall not apply in the case where an
employee's schedule is changed to another shift or to a new
working schedule which provides alternative day(s) of rest.
b) A rate of double time will be paid:
i) for the first four (4) hours worked in excess of twelve
(12) regular hours during the twenty-four (24) hour
interval from the beginning of an employee's schedule
shift.
ii) for all hours worked on a plant holiday, as described
in Article 29.
23.02.06 BEREAVEMENT
In accordance with article 18.04.
PLANT HOLIDAYS (AS DEFINED IN ARTICLE 29).
Employees on a twelve (12) hour work schedule will be paid twelve
(12) hours for each statutory holiday, as per Article 29. Between
Christmas and New Year however, employees will be paid an
equivalent of eight (8) hours for each of the five (5) plant
holidays during this period.
23.02.07 VACATION
Vacation will be calculated on the basis of twelve (12) hours:
2 weeks = _7_days of 12 hours
3 weeks = 10_days of 12 hours
4 weeks = 14_days of 12 hours
5 weeks = 17_days of 12 hours
6 weeks = 20_days of 12 hours
23.02.08 SICKNESS AND ACCIDENT PLAN
Those employees with less than ten (10) years service will be
treated according to the 8-8 rule. For the first day of sickness,
all shall receive the equivalent of four (4) hours paid.
If an employee works more than six (6) hours, he/she shall be paid
for those hours worked and that day will not be treated as a day
of absence. If an employee works less than six (6) hours and must
leave due to sickness and/or accident, he/she will be paid for
those hours worked and that day will be treated as a day of
absence. If an employee works less than four (4) hours and must
leave due to accident and/or sickness, he/she shall be paid the
equivalent of four (4) hours worked.
23.03 SIX-DAY CONTINUOUS SHIFT CONFIGURATION
The conditions under which the parties agree to implement a schedule of
working hours, designated as twelve (12) hour shifts.
23.03.01 HOURS OF WORK
i) The term "working day" as used in this Collective Agreement
means a regularly scheduled work day of twelve (12) hours.
ii) The standard schedule for employees on a twelve (12) hour
shift schedule is comprised of twelve (12) hours of work in a
twenty-four (24) hour period. The standard weekly schedule
for employees on this shift is comprised of three (3) days of
twelve (12) hours: (Monday, Tuesday, Wednesday) and
(Thursday, Friday, Saturday).
iii) The regular payroll week for employees on a twelve (12) hour
shift schedule will commence at 7:00 p.m. on Sunday and
terminate at 7:00 p.m. on Saturday.
23.03.02 RATES OF PAY
Regular hours scheduled and worked, in accordance with the twelve
(12) hour shift schedule, will be paid at straight time rates.
The weekly standard schedule is thirty-six (36) regular hours
worked.
A premium of $3.50 per hour will be paid for all scheduled hours
worked during the regular shift on Saturdays, provided that such
hours are not paid on an overtime basis.
23.03.03 OFF-SHIFT DIFFERENTIAL
Off-shift differential will be paid for all the hours worked
between 3:00 p.m. and 7:00 a.m.
23.03.04 COLA PREMIUM
COLA premium is paid based on thirty-six (36) hours.
23.03.05 OVERTIME PAYMENT
a) A rate of 1 1/2 times the hourly rate shall be paid:
i) for the first eight (8) hours worked if an employee is
notified that he is required to work on his designated day
of rest, double time will be paid for the following hours
worked. This provision shall not apply in the case where an
employee's schedule is changed to another shift or to a new
working schedule which provides alternative day(s) of rest.
b) A rate of double time will be paid:
i) for the first four (4) hours worked in excess of twelve
(12) regular hours during the twenty-four (24) hour
interval from the beginning of an employee's schedule
shift.
ii) for all hours worked on Sunday (outside the standard
schedule), that is from Saturday 7:00 p.m. to Sunday 7:00
p.m.
iii) for all hours worked on a plant holiday, as described in
Article 29.
23.03.06 BEREAVEMENT
In accordance with article 18.04.
PLANT HOLIDAYS (AS DEFINED IN ARTICLE 29).
Employees on a twelve (12) hour work schedule will be paid twelve
(12) hours for each statutory holiday, as per Article 29. Between
Christmas and New Year however, employees will be paid an
equivalent of eight (8) hours for each of the five (5) plant
holidays during this period.
23.03.07 VACATION
The vacation entitlement will be calculated in terms of twelve
(12) hours, i.e.:
2 weeks = 2 x 3 days of 12 hours
3 weeks = 3 x 3 days of 12 hours
4 weeks = 4 x 3 days of 12 hours
5 weeks = 5 x 3 days of 12 hours
6 weeks = 6 x 3 days of 12 hours
For the purpose of vacation entitlement, thirty-six (36) hours is
equivalent to thirty-eight (38) hours paid.
23.03.08 SICKNESS AND ACCIDENT PLAN
Those employees with less than ten (10) years service will be
treated according to the 8-8 rule. For the first day of sickness,
all shall receive the equivalent of four (4) hours paid. If an
employee works more than six (6) hours, he/she shall be paid for
those hours worked and that day will not be treated as a day of
absence. If an employee works less than six (6) hours and must
leave due to sickness and/or accident, he/she will be paid for
those hours worked and that day will be treated as a day of
absence. If an employee works less than four (4) hours and must
leave due to accident and/or sickness, he/she shall be paid the
equivalent of four (4) hours worked.
See also letter of intent #8.
ARTICLE 24 - OVERTIME GENERAL PROVISIONS
24.01 Employees shall receive regular holiday pay in addition to double time
for all hours worked on a plant holiday.
24.02 Except in the case of emergency, employees may request to be excused
from working overtime providing such employees have a legitimate reason
for being excused. Such legitimate reasons shall not be unreasonably
denied and the Company agrees that, except in the case of emergency,
employees who are required to work overtime, shall be so advised at
least twenty-four (24) hours prior to the start of the overtime to be
worked.
When possible, the Company will schedule overtime on a voluntary basis.
Overtime in excess of eight (8) hours per week is voluntary. Saturday
overtime in any one week is voluntary for any employee who has already
worked six (6) hours or more overtime in that week; this is not to be
construed as circumventing the employee's right to request consideration
to be excused from working overtime.
24.03 Every effort will be made to avoid the necessity for working overtime on
Plant Holidays and employees will not be obligated to work on such days.
When it is considered necessary to schedule holiday work, the Union will
be notified as soon as possible. This does not apply to employees whose
normal schedule requires them to work on a holiday.
24.04 The opportunity for overtime work shall be offered equally to those
employees normally engaged on the work involved insofar as it is
practical.
24.05 In the case of a grievance, the Union Representative shall have access
to the records in respect of overtime hours.
In the event that an inequity is discovered, the grieving employee will
be given the opportunity to work the lost overtime hours within a period
of six (6) weeks. This six (6) week period will commence upon receipt of
a written grievance at the second step. In a case where this is not
possible, the employee will be compensated for hours lost at the
applicable rate.
Should it be that because the employee is normally required to work
overtime during that same period of time, and as a consequence, the
make-up overtime cannot be offered to the individual, then the overtime
lost will be paid to the individual.
If a similar oversight occurs again, with any employee, within a period
of three (3) months, within the same first-level managers' organization,
the employee shall be compensated for hours lost at the applicable rate
as soon as the inequity is discovered.
24.06 When by mutual agreement, working conditions are changed so that there
shall be an extended shutdown of operations in conjunction with a plant
holiday or for some other special reason, it is understood and agreed
that all time worked to provide for loss of production, as a result of
such shutdown, shall be at straight time rates and that no overtime
shall be paid irrespective of any agreement made as contained in all
other paragraphs of this Article. The signature of one of the officers
of the Union and the designated management representative on the Company
notice announcing such change, shall constitute agreement in accordance
with the above.
ARTICLE 25 - OVERTIME
25.01 This article applies to all employees except for employees on a twelve
(12) hour schedule.
25.01.01 The number of straight time hours in any one shift shall not
exceed eight (8) hours.
25.01.02 Overtime shall be paid for all time worked in excess of the
standard hours of the assigned shift (not including overtime
hours) in any twenty-four (24) hours, Monday to Saturday
inclusive.
Overtime will be paid for all hours worked in excess of the
standard hours of the assigned shift during the interval of
time from 7:00 a.m., 7:30 a.m. or 8:00 a.m. depending on the
start of the shift of any one day to the end of the third
shift of the same day. An employee who is required to report
to work prior to the start of his regular shift, will be given
the opportunity to work the full hours of his regular shift.
25.01.03 Employees shall be paid for overtime.
a) One and one-half times their hourly rate for hours worked in
excess of the standard hours of their assigned shift but not in
excess of twelve (12) hours on any one shift.
b) Twice their hourly rate for hours worked in excess of twelve
(12) hours on any one shift.
c) One and one-half times their hourly rate for all time worked
(double (2) time after 8 hours) in the twenty-four (24) hours
of Saturday.
i) For first and second shift employees, Saturday will be
from midnight Friday to midnight Saturday.
ii) For third shift employees whose work-week commences Monday
night, Saturday will be from 7:00 a.m., 7:30 a.m. or 8:00
a.m. Saturday to 7:00 a.m., 7:30 a.m. or 8:00 a.m. Sunday
depending on the shift start time.
iii) For third shift employees whose work-week commences on
Sunday night, Saturday will be from 11:00 p.m., 11:30
p.m. or midnight Friday to 11:00 p.m., 11:30 p.m. or
midnight Saturday, depending on the shift start time.
d) Twice their hourly rate for all time worked in the twenty-four
(24) hours of Sunday.
i) For first and second shift employees, Sunday will be from
midnight Saturday to midnight Sunday.
ii) For third shift employees, whose work-week commences
Monday night, Sunday will be from 7:00 a.m., 7:30 a.m. or
8:00 a.m. Sunday to 7:00 a.m., 7:30 a.m., or 8:00 a.m.
Monday depending on the shift start time.
iii) For third shift employees whose work-week commences on
Sunday night, Sunday will be from 11:00 p.m., 11:30 p.m.
or midnight Saturday to 11:00 p.m., 11:30 p.m. or midnight
Sunday, depending on the shift start time.
25.01.04 An employee who commences work on an assignment during the hours
of his regular shift and continues to work without interruption
into the hours of his regular shift of the following day shall
continue to be paid on an overtime basis.
Periods of less than four (4) hours will not be considered as an
interruption.
25.01.05 ADMINISTRATION
It is understood and agreed by both parties that the Company
intends administering the provisions of the second paragraph of
this article as follows:
a) Reference to voluntary overtime in excess of eight (8) hours
per week applies to work performed on Saturdays only.
b) Overtime worked during the regular work week is understood to
be limited to six (6) hours per week, i.e., three (3) overtime
hours on any two (2) regular work days.
c) In the case of overtime required on continuous process
operations, the number of overtime hours on any shift will be
four (4) hours.
25.01.06 BREAK PERIODS
The Company agrees that employees will not be required to take a
lunch break prior to commencement of overtime following completion
of their regular shift.
This agreement is dependent on the requirements that uniformity of
application must exist in order to enable the Company to maintain
an efficient operation. Should for any reasons, employees demand
a lunch break in a specific department, then it will be necessary
to terminate this agreement as it applies to such department.
25.01.07 CANCELLED OVERTIME
In the case where scheduled overtime is cancelled, and
subsequently another employee, who does not normally work on the
specific job, is requested to carry out the overtime work, then
the lost overtime shall be paid to the employee who normally would
have performed the work. Such payment shall be made within the
pay period following the discovery of the inequity.
ARTICLE 26 - SICKNESS DAY CREDIT
26.01 Effective December 1st of each year, employees will be allowed two (2)
days to use as a reimbursement for the penalty days following the
Sickness and Accident Plan. Days not used for this purpose will be paid
to the employee on or right after
December 20 of the next year. For the first year of this Agreement, the
two (2) days will be available for use, beginning at the collective
agreement's signature and will be paid, if not used, on or right after
December 20, 1996.
26.02 For employees who are not active employees on December 1st, the payment
will be calculated as per the weeks worked after December 1st of each
year.
ARTICLE 27 - OFFSHIFT DIFFERENTIAL
27.01 The offshift differential will be $0.88 per hour from date of
ratification. Employees working on second or third shift operations
shall receive offshift differential for hours worked.
ARTICLE 28 - MINIMUM COMPENSATION
28.01 When an employee is called during his offtime to report for a work
assignment outside his standard daily or weekly work schedule, it shall
be considered a "called-in" emergency. However, when an employee is
requested to remain late on a day on which he has reported for work or,
when prior to leaving work, an employee is requested to report for work
on a subsequent day at either his standard or non-standard starting
time, it shall not be considered a "called-in" emergency.
28.02 When an employee is required to make extra trips from his residence to
place of work and returns as a result of a "called-in" emergency, he
shall be paid for two (2) hours' travelling time at straight time rates
and shall receive overtime for any time worked.
When an employee reports to work on a "called-in" emergency, he shall
receive overtime for any time worked, or a minimum of four (4) hours'
pay at the employee's base rate whichever is greater.
28.03 When the "called-in" emergency does not require extra trips but does
involve reporting earlier than the starting time of his standard daily
work schedule, one (1) hour's travelling time shall be paid and the
employee shall receive overtime for time worked prior to his standard
starting time.
28.04 Any employee who reports to work as usual and is sent home because no
work is available shall be paid the equivalent of four (4) hours' work
at his daywork rate provided such lack of work is not caused by power
failure or any other event beyond the control of the Company.
28.05 Any employee required to work overtime on annual inventory will be
guaranteed four (4) continuous hours of overtime work.
28.06 An employee loaned out on a job assignment outside of the Montreal area
and vicinity, and travelling with the Company's authorization will:
a) Travel during regular working hours.
b) When job requirements demand that the employee travels out of
regular working hours, he will be paid at straight time rates for
all travel time between 6:00 a.m. and midnight.
c) Authorized trips home while on assignment should be planned to give
the employee maximum time at home, (i.e. arrive at home 6:00 p.m.
Friday - leave home 6:00 a.m. Monday).
28.07 Whenever a major snowstorm occurs and the Company is unable to operate
in a normal manner because a limited number of employees have reported
for work and there is no power failure, employees who report for their
scheduled shift will be assigned, at the discretion of the Company, to
any available work at their regular rate of pay for the balance of their
shift. If the Company does not assign them to work but sends them home,
they shall be paid four (4) hours of their regular rate of pay.
ARTICLE 29 - PLANT HOLIDAYS
29.01 Employees who are not required to work on the undernoted Plant Holidays
will be paid for eight (8) hours at their hourly rate, provided that
these holidays are officially observed on a day on which an employee
would normally work, and provided that the employee receives pay for the
working day preceding or the working day following a holiday. This shall
not apply where an employee receives pay from the Company for such day
for any other reason. Different provisions for plant holidays are in
Article 23.
29.01.01 - In l996, the Plant Holidays will be fourteen (14) days
as follows:
Good Friday April 05
Victoria Day May 20
National Holiday June 24
Canada Day July 01
Labour Day September 02
Thanksgiving October 14
December 24, 25, 26, 27, 30, 31, January 1 and 2, 1997.
29.01.02 - In l997, the Plant Holidays will be as follows:
Good Friday March 28
Victoria Day May 19
National Holiday June 24
Canada Day July 01
Labour Day September 01
Thanksgiving October 13
December 24, 25, 26, 29, 30, 31, January 1 and 2, 1998.
29.01.03 - In l998, the Plant Holidays will be as follows:
Good Friday April 10
Victoria Day May 18
National Holiday June 24
Canada Day July 01
Labour Day September 07
Thanksgiving October 12
December 24, 25, 28, 29, 30, 31, Jan.1, 1999 and Feb.8*,
1999.
29.01.04 - In l999, the Plant Holidays will be as follows:
Good Friday April 02
Victoria Day May 17
National Holiday June 24
Canada Day July 01
Labour Day September 06
Thanksgiving October 11
December 24, 27, 28, 29, 30, 31, Jan. 3, 2000 and Feb.14*,
2000.
29.01.05 - In 2000, the Plant Holidays will be as follows:
Good Friday April 21
Victoria Day May 15
National Holiday June 24
Canada Day July 01
Labour Day September 04
Thanksgiving October 09
December 22, 25, 26, 27, 28, 29, January 1 and 2, 2001.
*_If Federal/Provincial Governments proclaim any new legal holiday (e.g.
Heritage Day), such day will supplant the fourteenth day.
29.02 When any of the above plant holidays falls on a Saturday or a Sunday, a
compensating day off will be granted on the first succeeding work day.
29.03 When a plant holiday falls on an employee's day off on any day Monday to
Friday inclusive, such employee shall either receive an extra day off
with pay or pay in lieu
thereof at the discretion of the Company. Plant Holidays falling on
Saturday shall be treated as ordinary days for pay purposes.
29.04 When a plant holiday occurs on a regular working day during an
employee's vacation, the employee shall be entitled to one extra day as
vacation with pay.
29.05 In order to determine plant holiday pay treatment, the day on which a
shift starts shall govern all the hours of that shift.
29.06 The conditions for the six (6) and seven (7) day schedules are covered
in Article 23.
* ARTICLE 30 - VACATIONS
30.01 Employees will become eligible for vacation with pay each year based on
their continuous service with the Company as of June 30th of the current
year, as follows:
One (1) full working month but less than two (2) full working months 1
day
Two (2) months three (3) 2 days
Three (3) four (4) 3
Four (4) five (5) 4
Five (5) six (6) 5
Six (6) seven (7) 6
Seven (7) eight (8) 7
Eight (8) nine (9) 8
Nine (9) ten (10) 9
Ten (10) twelve (12) 10
30.02 Vacation pay, under this section, for employees with less than one (1)
year of continuous service, shall be computed on the basis of eight (8)
hours at the employee's rate for each day of vacation.
30.03 Employee's rate in effect on the eighth (8th) Friday prior to the
Standard Vacation Period (May 31 in 1996, May 30 in 1997, May 29 in 1998,
May 28 in 1999 and May 26 in 2000) shall be used when employees with less
than one (1) year of continuous service take their vacation on or after
July_1st or their rate in effect four (4) weeks prior to the actual
vacation period where employees take their vacation prior to July_1st.
30.04 After 3 years of continuous service
but less than 10 years service - three (3) wks
After 10 years of continuous service
but less than 19 - four_(4) wks
After 19 years of continuous service
but less than 29 - five_(5) wks
After 29 years of continuous service - six (6) weeks.
30.04.01 Employees who complete service of: three (3) years, ten (10)
years, nineteen (19) years, twenty-nine (29) years, after June
30th in the calendar year shall be entitled to vacations in
accordance with paragraph 30.04.
30.05 When an employee has been absent without pay for an accumulated period
in excess of sixty (60) days, his vacation shall be reduced in
accordance with the following table for each thirty (30) days of absence
in excess of sixty (60) days:
REDUCTION IN
CONTINUOUS SERVICE VACATION CREDIT
Twelve (12) months but less than three ( 3) years 1 day
Three ( 3) years but less than ten (10) 1-1/2 days
Ten (10) years but less than nineteen (19) 2 days
Nineteen (19) years but less than twenty-nine (29) 2-1/2
days
Twenty-nine (29) years and over 3 days
30.06 Former employees who are laid off and recalled during the vacation year
shall have their vacation entitlement calculated, as per letter of
understanding # 15.
However, if the accumulated vacation credits from their return to work are
less than those which the employees would be entitled to, according to
continuous service as at June 30th of the reference year, such employees
will be given the opportunity to take the difference as time off without
pay.
30.07 When a weekly or monthly rated employee is transferred to an hourly
rate, the vacation period shall be based on his status as of June 30th in
the current year.
30.08 The weekly rate of pay for vacation for employees shall be computed as
follows:
30.08.01 For employees taking their vacation on or after July lst, pay
shall be based on the employee's average weekly earnings for
the thirteen (13) weeks ending May 31 in 1996, May 30 in 1997,
May 29 in 1998, May 28 in 1999 and May 26 in 2000.
30.08.02 For employees taking their vacation prior to July 1st, the pay
shall be based on the employee's average weekly earnings for
the thirteen (13) weeks ending on the fourth Friday prior to
their vacation period.
30.09 The last two weeks that fall completely in July shall be considered
as the Standard Vacation Period during which the plant will be shut down
insofar as possible, but wherever practical, the Company will provide work
for those employees who are not eligible for vacation under this plan.
30.09.01 Wherever practical, vacations will be given during the last two
(2) weeks in July and the first two (2) weeks in August. The
Company reserves the right to select employees from_those
eligible for vacation to work during this period, such_employees
will take their vacation at such other time as may_be arranged.
In circumstances other than emergency, when an_employee is
required to take his vacation outside the Standard Vacation
Period, he shall be notified at least ninety (90) days prior to
the commencement of the Standard Vacation Period.
30.09.02 Employees entitled to more than two (2) weeks of vacation in the
current year may be permitted to take such additional weeks of
vacation in the succeeding year, provided such action does not
interfere with the Company's operations. Any such delayed
vacation must be completed not later than May 31st of such
succeeding year.
30.10 VACATION ALLOWANCE TO EMPLOYEES ON TERMINATION OF SERVICE
Employees whose service is terminated, except in the case of discharged
employees, will receive their accrued vacation pay with C.O.L.A. under the
Company's plan at time of termination of service.
However, when an employee proceeds on vacation immediately prior to
pension, but after the following dates, pay shall be based on the
employee's average weekly earnings for the thirteen (13) weeks ending May
31 in 1996, May 30 in 1997, May 29 in 1998, May 28 in 1999 and May 26 in
2000.
30.11 The following rules relating to vacation shall apply:
A) RESCHEDULING OF VACATION AT THE COMPANY'S REQUEST
When vacation has been scheduled and then rescheduled at Company's
request and where an employee has been unable to take the
rescheduled vacation because of sickness or accident disability, the
Company may buy back the unused rescheduled vacation at straight
time rates, or grant such vacation after May 31st of the succeeding
year, provided such delayed vacation is completed not later than
June 30th of such succeeding year.
B) RESCHEDULING OF VACATION DUE TO DISABILITY
If, while on vacation, an employee is hospitalized for a period of
over 3 vacation days (Monday to Friday) or suffers a major
disability which
incapacitates him for over 3 vacation days (Monday to Friday), the
employee may request a re-scheduling of vacation days lost.
Upon submission of satisfactory proof by the employee, such as a
written hospital report or a written medical report by the treating
physician, the Company Health Centre may approve the request based
on the review of circumstances of the case. If approved, the
Company Health Centre will advise the employee's supervisor who will
arrange the new vacation schedule dates.
C) ACCRUED VACATION - EMPLOYEE RECALLED
In the case where an employee is laid-off and recalled to work
before receiving a pay cheque for accrued vacations, the Company
shall take the necessary steps to cancel the said cheque, unless the
employee expresses the desire to accept it.
30.12 For purposes of application of Article 30.08, the Company agrees to
maintain the existing practice, as described in the following
Administrative Procedure 802.04, paragraph 4.1:
"If the 13 weeks used for average earnings include Company sickness
and accident disability benefits at the rate of 66-2/3%, such
benefits are built up to the equivalent of 8_hours times base rate
for each day of such benefits before computing average weekly
earnings."
Moreover, the Company agrees that for the application of paragraph 4.1
of this administrative practice, the same treatment will be applied for
short-term disability employees at the rate of 90%.
Any other more advantageous modification brought to this administrative
practice will have precedence over the preceding practice.
* See also letter of understanding # 15.
ARTICLE 31 - PENSION PLAN AND OTHER BENEFITS
31.01 The Company will provide a Pension Plan and Other Benefits as fully
described in the Pension/Benefits Appendix to this Agreement.
31.02 The Company agrees that, during the life of the current Agreement, there
will be no reduction in the benefits provided by certain Company-wide
programs.
ARTICLE 32 - PRODUCTION STANDARDS
32.01 When an employee fails to meet the output rates established in new or
revised production standards, the Company practice of adjusting staff
and re-examining lay-out, methods, materials and other related factors
will be followed in an attempt to correct the problem. Should the
employee continue to be unable to meet the required output, the Company
will arrange a meeting with the Union Representative to discuss the
pertinent data related to the problem before any further action is taken
by the Company.
* ARTICLE 33 - COST OF LIVING ALLOWANCE
33.01 The Statistics Canada February 1994 Consumer Price Index (1986 base)
published in March 1994 (130.3) will be the base for all calculations of
the cost of living allowance.
33.02 The amount of the Cost of Living Allowance will be calculated on
changes, upward or downward, in the Consumer Price Index (1986). This
calculation will be in accordance with the following schedule:
PUBLISHED IN (AND
PAYABLE IN THE
CP INDEX FOR FIRST PAY PERIOD
THE MONTH OF THEREAFTER) COLA FORMULA
1996 May June $0.01 for each 0.087
August September change in the CPI
November December (1986 base)
1997 February March
1997 May June $0.01 for each 0.087
August September change in the CPI
November December (1986 base)
1998 February March
1998 May June $0.01 for each 0.087
August September change in the CPI
November December (1986 base)
1999 February March
1999 May June $0.01 for each 0.087
August September change in the CPI
November December (1986 base)
2000 February March
2000 May June $0.01 for each 0.087
August September change in the CPI
November December (1986 base)
2001 February March
May June
The adjusted Cost of Living Allowance will be paid from the beginning of
the pay period following publication of the index.
In no event will a decline in the Consumer Price Index (1986) below the
base figure published in March 1994 (130.3) result in a reduction in the
negotiated wage scales.
Furthermore, no change, retroactive or otherwise, will be made due to any
revision in any published Statistics Canada Consumer Price Index figures.
33.03 The cost of living allowance payable under the prior agreement has been
folded into all wage schedules as follows:
a) Effective date of ratification, $0.20 of the $0.39 (May 1996) has been
folded into all schedule rates and the remaining $0.19 per hour shall
continue to be paid in addition to wage rates.
b) Effective June 9, 1997, an additional $0.19 of the $0.39 has been
folded into all schedule rates.
33.04 Continuation of the allowance is dependent upon the availability of the
official monthly Statistics Canada Consumer Price Index (1986 base)
calculated on the same basis and in the same form as that published in
March 1994.
33.05 Employees shall receive Cost of Living Allowance for all hours worked.
The following are considered as worked hours:
- Straight time hours worked
- Overtime hours actually worked (excluding overtime allowance hours)
- Plant Holidays
- Vacation Hours paid for
- Bereavement time paid for
- Jury Duty or Court Attendance time paid for.
33.06 a) The "average weekly earnings" referred to in Article 30 "Vacations",
clause 30.08 of the Collective Agreement will not include cost of
living allowance.
b) Employees will receive vacation pay based on their "average weekly
earnings" as defined in clauses 30.08.01 and 30.08.02 plus, for each
week of vacation, forty (40) hours times the cost of living allowance
in effect at the time they take their vacation.
* See also article 30.
ARTICLE 34 - WAGE ADMINISTRATION PLAN
LEVELS 2-4 INCLUSIVELY
MONTREAL AREA
34.01 HIRING RATE
34.01.01 A newly hired employee will be started at the minimum rate for
the assigned level and will follow the progression schedule of
the level as per Article 41.
34.02 RERATING AFTER UPGRADING
34.02.01 An employee who is upgraded will be placed on the level or
grade rate of the new job effective at the beginning of the
payroll period immediately subsequent to the date of the
upgrade.
34.02.02 An employee upgraded to fill a temporary vacancy, caused
through vacation, emergency requirements, or temporary
fluctuations in workload, will be rerated to the level or grade
rate of the new job effective at the beginning of the payroll
period immediately subsequent to the date of such temporary
assignment to the higher level or grade. (When the temporary
assignment is completed, the employee will be downgraded and
derated in accordance with paragraph 34.03.02).
34.02.03 An employee reinstated or upgraded to a former level or grade
will be rerated to the level or grade rate, effective at the
beginning of the payroll period immediately subsequent to the
date of reinstatement.
34.03 RERATING AFTER DOWNGRADING
34.03.01 When an employee is downgraded, he will be derated to the level
or grade rate of the lower level or grade at the beginning of
the payroll period one month after the date of downgrading.
34.03.02 An employee downgraded following a temporary assignment will be
derated to the level or grade rate of his former level or grade
at the beginning of the payroll period immediately subsequent
to the date of downgrading.
ARTICLE 35 - PRODUCTION TECHNICIANS
If during the life of the collective labour agreement the Company hires
production technicians, the Company and the Union shall negotiate the
working conditions and salaries for this group of employees.
ARTICLE 36 - WAGE ADMINISTRATION PLAN
APPRENTICES A1 AND A2 - MONTREAL AREA
36.01 Apprentices A1 and A2 will commence at the rate to be determined by
means of entrance qualifying exams administered by an independent source
and will advance on a progression schedule, (defined in article 40).
Progression through the grades will take place by means of qualifying
exams (practical and theoretical).
36.02 A new employee who passes the qualifying exams for a grade A3 level job
for which he applies, will start at grade A1. After 2,000 hours, he will
be reclassified at A2 and after 4000 hours, he will be reclassified at
grade A3, if he possesses the licences, or when he possesses them.
36.03 Apprentices A1 and A2 who have reached a progression step shall remain
at their current grade level until they have passed the qualifying exams
for the next grade level as outlined in the job description for their
trade.
36.04 Apprentices A1 and A2 who have passed their qualifying exams as in
paragraph 36.03 above, will be rerated to the appropriate trades
classification retroactively to the date of their reaching the
progression step providing such qualifying exams are passed under
normal circumstances within three (3) months of said date.
36.05 Apprentices A1 and A2 who have been at a progression step rate for three
(3) months and have failed the qualifying exams, as outlined in
paragraph 36.03 above, shall be granted a three (3) month extension in
order to pass the qualifying exams.
An extension could be given to an employee who, for reasons out of his
control, cannot meet the delays prescribed.
Apprentices A1 and A2 who pass the qualifying exams during the extension
period shall be rerated to the appropriate trades classification
retroactive to the start of their extension period.
Failure to pass the qualifying exams during the extension period_could
result in removal of these employees from the apprentice A1 or A2
category and these employees could either be relieved or transferred to
a_non-trade assignment if vacancies are available. The Company will
arrange a meeting with the Union representative to discuss the pertinent
data related to the problem before any action is taken by the Company.
ARTICLE 37 - RATE PROTECTION
37.01 RATE PROTECTION DUE TO THE EFFECT OF LACK OF WORK OR JOB RE-EVALUATION
Employees with five (5) years or more of continuous service
downgraded through no fault of their own, from a level or grade to which
they were assigned, will maintain the rate of pay in effect at time of
downgrade during the life of this agreement.
During the protection period, employees will be granted rate adjustments
resulting from contract negotiations based on the level or grade held
prior to the downgrade.
37.02 RATE PROTECTION WILL ONLY CEASE UNDER THE FOLLOWING CONDITIONS:
a) Downgrade to any level or grade level at employee's own request.
b) Refusal to take a higher graded similar job up to the protected
level or grade where the incumbent possesses the qualifications
for that job.
c) Failure to meet job requirements, if assigned to a similar job and
given a period of orientation.
d) Refusal to accept his former job(s) or failure to meet the job
requirements of his former job(s) up to the protected grade level.
37.03 Prior to the removal of rate protection from an employee under sub-
sections (b), (c) or (d), the Company will arrange a meeting with the
Union Representative to discuss the pertinent data related to the
problem before any further action is taken by the Company.
37.04 RATE PROTECTION - RECALL
Employees with ten (10) years or less of continuous service who return
from a lay-off in excess of one (1) year shall return to the rate of pay
for the assigned level or grade.
Employees with more than ten (10) years of continuous service who return
from a lay-off in excess of two (2) years shall return to the rate of
pay for the assigned level or grade.
Employees returning from elected lay-off shall return to the rate of pay
for the assigned level or grade.
* ARTICLE 38 - SKILLED TRADES
38.00 This article is aimed to complete and clarify the work conditions
related to skilled
trades group but not to restrict or reduce the impact of the rest of the
collective agreement for this group.
38.01 When found necessary, the Company will establish in consultation with
the Union an evaluation and training program, in any of the following
skilled trade competency fields:
Toolmaking-Machining
Electro-Electrical
Mechanical
Plumbing, HVAC
38.02 For purposes of filling a skilled trades vacancy, a trades employee who
transfers back to the bargaining unit, after an absence of less than
three (3) years, shall have his service with the Company credited as
Union service immediately. If the trades employee returns to the
bargaining unit, after an absence of more than three (3) years, he will
be credited immediately with prior Union service in the bargaining unit.
After one (1) year in the bargaining unit, the Union service of the
trades employee affected will be adjusted on the basis of full Company
continuous service.
38.03 When lack of work necessitates decreasing the skilled trades work force,
A3 trades employees will be retained first in preference to apprentices,
A1 and A2 employees in that sequence.
38.04 The Company will provide opportunities, when the need arises, to all
available trades employees to keep abreast of technological advances in
their trades. The opportunity for such training will be given to those
employees provided they are willing and have the prerequisite academic
qualifications or the relevant experience to be so trained.
Trades employees who require specialized training will be chosen at the
Company's discretion. Other employees of the same trade group will
receive the same training within a reasonable amount of time not
exceeding six (6) months. If necessary, a six (6) month extension
period will be granted to complete such training following prior
discussion between the Company and the Union.
A letter will be sent to the Union listing the names of the candidates
selected prior to them proceeding on course; such a list will also
include the names of those employees who refused offered training.
38.05 The Company shall limit the use of outside contractors and will advise
weekly (on Thursday) for the next week, in writing, the district
representative. Such notice will describe the nature of work and the
number of outside contractors by trade.
Outside contractors will not perform work normally performed by trades
employees while any such trades employees immediately available to do
the work are surplus, about to be laid off or are on layoff. This
restriction will not apply to work assignments of limited duration (5
days).
No contractor (journeyman) will get a job in the bargaining unit before
it is offered to employees laid off or about to be laid off.
* See also article 24 re: overtime.
38.05.01 Whenever possible, the Company will endeavour to have skilled
trades work performed by Company skilled tradesmen.
Consequently, work requests initiated by technology or
engineering of manufacturing groups will be channeled through a
designated trades department manager, prior to such work being
contracted to outside suppliers. The Union must be advised
prior to such work being sent outside.
38.06 EMERGENCY "CALL-IN"
In reference to articles 28.02 and 28.03:
i) When a trades employee reports to work on a "called-in" emergency,
he shall receive overtime for any time worked, or a minimum of four
(4) hours pay at the employee's base rate whichever is greater.
ii) A trades employee who is called in, due to emergency, to work
outside his regular shift and continues to work into his regular
shift shall continue to be paid at his overtime rate until the
completion of the work on the emergency assignment and will then
revert back to his standard hourly rate for the balance of his
regular shift.
38.07 The Company will repair or replace tools which the trades employee can
show were broken, damaged or worn during the proper use of such tools in
the performance of Company duties. In addition, the Company will replace
stolen tools provided that the tradesman has taken reasonable
precautions to prevent such losses.
38.07.01 The Company will continue to provide annually appropriate
wearing apparel to tradesmen. Damaged wearing apparel will be
repaired or replaced by the Company provided that trades
employees can show that it was damaged during proper use in
the performance of their duties.
38.08 a) Company employees, other than skilled trades personnel, shall not
perform work normally assigned to trades employees.
b) The Company agrees to consult with the Union, wherever any changes
to
skilled trades work is contemplated.
38.09 An apprentice A1, A2 or A3 who is obligated to pass an examination to
qualify as a trades employee or a trades employee who is obligated by
law to renew his licence or applies for an additional specialization
may do so, on Company time, without loss of pay. Payment shall be
made after submission of proof by the employee indicating that he has
passed the examination.
38.10 When an employee returns to a production grade from a trades
classification as a result of lack of work, his salary rate will be
adjusted according to the provisions of article 34.03.01 or 37.
38.11 EFFECT OF LACK OF WORK
38.11.01 - SELECTION OF SURPLUS
When lack of work necessitates decreasing the work force, the
employee with the least acquired service in his actual trade group
shall be selected from the declared surplus job; ability also
being considered and provided that the Company shall have the
right to maintain an efficient work force.
It is understood that the term acquired service in this article is
defined as the number of years worked in a specific trade within
the skilled trades group.
It is also understood that an employee who changes trade will see
the acquired service in his former trade added for bumping
purposes.
38.11.02 - BUMPING/LAYOFF PROCEDURE
a) A surplus employee shall bump in the same trade the employee
with the less acquired service.
b) If the surplus employee is about to be laid off and was
originally transferred to the trades classification from
production grades, he shall have the right to fill any
production vacancy subject to the provisions of article 12.
c) If unable to fill a vacancy under (b) above, and if such
surplus employee was transferred from production, he shall have
the right to displace the employee having the less seniority
within production, as per the provisions of article 12.
d) The employee placed under (b) and (c) above will be paid
according to the provisions of article 34.03.01 or 37.
e) If the surplus employee about to be laid off has had no prior
production experience in the Company, but has the
qualifications to fill a production vacancy, he shall have
the right to fill such a vacancy subject to the provisions of
article 12 and shall be paid as in (d) above.
38.11.03 In the event that an employee of the trades group faces a
layoff, after having exercised all bumping rights according to
the collective labour agreement, the latter will be able to bump
within the trades group by Union service in a trade he has
already occupied.
38.12 WAGE ADMINISTRATION TRADES EMPLOYEES, APPRENTICES A1, A2 AND A3
38.12.01 The Wage Administration Plan covering Levels 1, 2, 3, 4 and
grades 23-30 also applies to trades employees, apprentices A1,
A2 and A3.
38.12.02 The Company will post notices of job vacancies for trades
employees (A3 Grade), apprentices A1 and A2. The Company agrees
that written applications outlining their qualifications for the
job received from employees within three (3) working days will
be considered before any hirings are made.
38.12.03 a) A vacant position that is filled by the reinstatement of
an employee in the prior position he had been demoted from,
because of a lack of work, will not be posted.
b) An employee who takes a vacant position posted for a trade
for which he does not have the appropriate analysis number
will be considered as a new employee, as defined in
article_36. In the event that there are surplus employees in
the trades group, the selection of the employee will be at
first within the skilled trades group. Failure to qualify in
the new trade, the employee shall exercise his bumping
rights in accordance with article 38.11 for the trades job
in which the employee is qualified.
c) The selection of an employee to fill a vacant position for
which he possesses the analysis number will be done by
acquired service.
38.13 The Company agrees to post an overtime list of all trades employees.
This list will be updated weekly and will include refusals.
Such list shall also be forwarded weekly to the Union head office.
* See also letter of intent # 14 .
* ARTICLE 39 - RATES OF PAY
GRADES 23-30 INCLUSIVELY - MONTREAL AREA
--------------------------------------------------------------------------------
EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE
GRADE RATIFICATION JUNE 9 JUNE 8 JUNE 7 JUNE 5
DATE 1997 1998 1999 2000
--------------------------------------------------------------------------------
01W23 19.88 20.07 20.47 20.78 21.09
01W24 20.33 20.52 20.93 21.24 21.56
01W25 20.53 20.72 21.13 21.45 21.77
01W26 20.96 21.15 21.57 21.89 22.22
01W27 21.55 21.74 22.17 22.50 22.84
01W28 21.91 22.10 22.54 22.88 23.22
01W29 22.13 22.32 22.77 23.11 23.46
01W30 22.36 22.55 23.00 23.35 23.70
--------------------------------------------------------------------------------
* See also letter of intent # 13.
ARTICLE 40 - RATES OF PAY
TRADES CLASSIFICATION - MONTREAL AREA
-----------------------------------------------------------------
PROGRESSION SCHEDULE IN HOURS WORKED
GRADE 2000 4000 6000 8000
-----------------------------------------------------------------
EFFECTIVE DATE OF RATIFICATION
Apprentice 18.94
A1 20.21
A2 24.56
A3 25.78
EFFECTIVE JUNE 9, 1997
Apprentice 19.13
A1 20.40
A2 24.75
A3 25.97
EFFECTIVE JUNE 8, 1998
Apprentice 19.51
A1 20.81
A2 25.25
A3 26.49
EFFECTIVE JUNE 7, 1999
Apprentice 19.80
A1 21.12
A2 25.63
A3 26.89
EFFECTIVE JUNE 5, 2000
Apprentice 20.10
A1 21.43
A2 26.01
A3 27.29
ARTICLE 41 - RATES OF PAY
-------------------------
▇▇▇▇▇ ▇
▇▇▇▇▇▇▇▇ ▇▇▇▇
--------------------------------------------------------------------------------
EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE
RATIFICATION JUNE 9 JUNE 8 JUNE 7 JUNE 5
DATE 1997 1998 1999 2000
--------------------------------------------------------------------------------
▇▇▇▇▇ ▇ 15.20 15.39 15.70 15.94 16.18
--------------------------------------------------------------------------------
ARTICLE 42 - RATES OF PAY
LEVELS 2-4
MONTREAL AREA
EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE
RATIFICATION JUNE 9 JUNE 8 JUNE 7 JUNE 5
DATE 1997 1998 1999 2000
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▇▇▇▇▇ ▇ 16.20 19.08 21.57 21.89 22.22
▇▇▇▇▇ ▇ 17.20 19.68 22.17 22.50 22.84
▇▇▇▇▇ ▇ 18.20 20.48 22.54 22.88 23.22
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ARTICLE 43 - PROTECTION FOR EMPLOYEES ON
WORKFORCE RESTRUCTURING
43.01 In the event the Company decides to:
a) fully close its plant facility or,
b) do any or all of the following:
i) transfer work out of the bargaining unit to another Company
location,
ii) transfer work out of the bargaining unit
iii) purchase components or parts, currently being produced by
employees in the bargaining unit, from sources outside
NORDX/CDT,
iv) permanently eliminate jobs for reasons other than market
fluctuations,
and as a direct result either:
. 10% or more of employees in the bargaining unit (including
those on S&A benefits and Workers Compensation but excluding
employees laid off and on L.T.D. benefits), or
. 10% or more of all bargaining unit employees within an
individual skill group, as set out in the "NOTE" below.
are given, during any period of ninety (90) days, Workforce
Restructuring notices, the provisions set out below will apply, as
specified.
c) do what is set out in Article 15.1 of the COEU salaried agreement
and, as a direct result, employees in the hourly bargaining unit
at the same facility or business are to be given layoff notices
within the same ninety (90) day period.
For the purposes of determining whether the percentages in paragraph
43.01_b) have been reached, all notices, as described, which have not
been cancelled during the operative ninety (90) day period will be
counted.
Notices which have been counted in the determination that the
percentages in paragraph 43.01_b) have been reached cannot be counted
again.
43.02 The Company will meet with the Union thirty-five (35) weeks in
advance of the date of the plant facility closure, or eighteen (18)
weeks in advance of layoff occuring as a result of business closure
or circumstances set out in paragraph 43.01_b) above. Following this
meeting, the parties will meet again to discuss opportunities to
retain or replace work with the aim of minimizing the reduction of
employees, including using attrition to manage the extent of such
reductions.
It is understood that such discussions are to be conducted on a
confidential basis and the Union undertakes to guard the
confidentiality of them.
43.03 The Company will advise the Union and the employees at least sixteen
(16) weeks in advance of layoffs or as legislation dictates whichever
is greater. This obligation will not apply retroactively to the
layoffs which did not, at the time notices were given, meet the
percentages set out in paragraph 43.01_b) but together with
subsequent layoffs, resulted in these percentages being met within
the ninety (90) day period. This obligation will not apply to
employees given notice of layoff due to the circumstances set out in
paragraph 43.01_b) which occur in another skill group within the same
ninety (90) day period but do not meet the percentage set out in
paragraph 43.01_b).
43.04 In the circumstances set out in paragraph 43.01b) above and during the
first thirty (30) days of the notice period under paragraph 43.03
above, employees within each affected skill group will be offered the
opportunity to retire early with a lump sum calculated in accordance
with the VOLUNTARY RETIREMENT OPTION set out in paragraph 43.08 below
and in accordance with the following:
a) Employees who are eligible for an early retirement with a Class A or B
pension will be offered, in descending order of Union service, the
first opportunity and, if the number set out in 43.04_b) below has not
been exceeded, employees eligible for an early retirement with a Class
C pension will be offered in the same way the remaining opportunity,
if any. After this, employees who qualify for bridging, in accordance
with Company practice (for a maximum of 104 weeks) to any of the above
Classes, will be offered in the same order of Class and in the same
way any opportunity which was not taken.
b) The total number of those retiring under 43.04_a) shall not exceed
100% of the number of employees within each affected skill group:
i) who have been given notice(s), pursuant to paragraph 43.03,
ii) who have contributed to the percentages in paragraph 43.01b)
being reached,
iii) who have received notices of Restructuring in the circumstances
set out in paragraph 43.01_b) within the prior portion of the
particular ninety (90) day period and are within the same
business or skill group.
c) Pension dates shall be no later than the end of the notice period,
except in the circumstances set out in paragraph 43.01_a) when unused
vacation credits may be used to reach a pension date.
d) The affected skill groups will be those included for the purposes of
paragraph 43.01_b).
43.05 In the circumstances described in paragraph 43.01, the affected
employees who have received notice pursuant to paragraph 43.03 may
request a transfer to a job vacancy within the bargaining unit and
selection shall be made as per Article 12.
The Company shall provide the appropriate training where required for
the employee to perform the job in a satisfactory manner.
43.06 In the event that the Company moves an operation pursuant to 43.01 or a
job to another Company location outside of the bargaining unit, the
following procedure will apply:
a) An employee on an affected job will exercise his bumping rights in
accordance with the Collective Agreement.
b) If the employee is unable to maintain his grade under (a) above,
he may request to be transferred at the same or another Company
location, if a vacancy is available and local collective agreements
permit. The Company will provide job training where required for the
transferred employee to perform the job in a satisfactory manner.
c) In the event the Company moves a plant facility to any other
location in Quebec during the life of this Agreement, the Company
agrees that employees will have a preferred right to be transferred
with their job to the new location.
d) If, as a result of such a move of operation or job, the
employee is required to move to a location greater than eighty (80)
kilometers from his present location, the Company will pay reasonable
moving costs.
e) The Company will give sixty (60) days notice, whenever possible,
to employees who are to be transferred to a new location.
43.07 All employees, laid off pursuant to notices given under paragraph 43.03
or pursuant to notices within the same skill group(s) as a result of
the circumstances set out in paragraph 43.01_b) within the particular
ninety (90) day notice period, will be entitled to choose to take the
Supplementary Unemployment Benefits (SUB) to which they are entitled
under Article 13 or to elect to be terminated and forfeit their
recall rights by receiving severance pay allowance in accordance with
the following table:
CONTINUOUS SERVICE SEVERANCE PAY
------------------ -------------
-----------------------------------------------------------------
1 year but less than 2 years 1 week
2 years but less than 3 years 2 weeks
3 years but less than 4 years 3 weeks
4 years but less than 5 years 4 weeks
5 years but less than 6 years 7 weeks
6 years but less than 7 years 8 weeks
7 years but less than 8 years 9 weeks
8 years but less than 9 years 10 weeks
9 years but less than 10 years 11 weeks
10 years but less
than 11 years 14 weeks
11 years but less than 12 years 17 weeks
Three weeks additional pay for each full year of continuous service
thereafter.
In the event the Company decides to fully close the plant facility, the
above Severance table will be modified to reflect the entitlements
contained in the Layoff Allowance table in Article 13.02.
An employee who elects to be terminated and forfeit recall rights after
the end of the notice period and who is in receipt of the
Supplementary Unemployment Benefits (SUB) will be subject to the
following penalty:
PENALTY TABLE
WEEK AFTER EXPIRATION BENEFIT GROUPS
OF NOTICE PERIOD COMPLETED 1 2 3
1 0 0 0
2 0 0 0
3 270 310 390
4 540 620 780
5 ▇▇▇ ▇▇▇ ▇▇▇▇
Thereafter, each subsequent
week's penalty will increase by: 270 310 390
--- --- ----
until 52 weeks 470 490 540
NOTE_: The above listed table will be adjusted by the Company each
quarter to reflect changes in COLA and base rates.
In the circumstances described in paragraph 43.01_a), employees may, if
eligible and upon Company approval, proceed on pension prior to the
commencement of layoff. They will be entitled to receive a lump sum
payment in accordance with the formula set out in paragraph
43.08.
43.08 VOLUNTARY RETIREMENT OPTION
The lump sum paid in connection with the exercise of the Voluntary
Retirement Option will be as follows:
a) Employees eligible for an early retirement with a Class A, B or
C pension will be paid twenty-six (26) weeks of regular weekly
wages, except those employees having thirty (30) years of
pensionable service prior to the end of the notice period who
shall be paid $27,000 or twenty-six (26) weeks of regular
wages, whichever is greater.
b) Employees who qualify for bridging to the above Classes will be
entitled to sixteen (16) weeks of regular weekly salary.
NOTE:
Skill groups shall be defined as follows:
- Production
- Skilled trades
ARTICLE 44 - MODIFICATION, RENEWAL
AND TERMINATION
44.01 This Agreement shall become effective on June 10, 1996 and shall remain
in full force and effect up to and inclusive of June 9, 2001. The terms
of this agreement, may be changed or amended by mutual consent of the
parties hereto, such changes or amendments shall take the form of
Appendices to the original agreement.
44.02 Either party may give to the other party a written notice of its desire
to amend, modify or terminate the Agreement, said notice to be sent not
more than ninety (90) days prior to the date of termination. Within ten
(10) days after such notice is given, a conference shall be held for
negotiations.
44.03 After written notice of modification or termination has been given by
either party within ninety (90) days preceding the date of termination
indicating the parties' desire to negotiate for a new agreement or for
the revision of the present agreement, all the conditions contained in
the present agreement shall be considered as remaining in force during
such time as may elapse before it is found that the parties are unable
to reach agreement and the right to strike or lock-out has been
acquired or until a new or modified agreement is completed.
44.04 Collective bargaining concerning the modification and/or renewal of this
Agreement shall be conducted by the duly authorized bargaining
representatives of the Company and the duly authorized bargaining
representatives of the Union. The parties to such bargaining shall
notify each other of the names of such representatives and of any
subsequent changes which may occur.
IN WITNESS thereof the parties thereto have executed this Agreement on June 21,
1996 in the City of Montreal, County of Hochelaga.
FOR THE COMPANY FOR THE UNION
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▇▇▇▇-▇▇▇▇▇▇ Bombardier
# 1 - LETTER OF INTENT
DEFINITION OF "LEVEL"
For the purpose of the application of the Collective Labour Agreement, the
"Level" applies for all employees hired after February 2, 1996. The level
structure will never apply for the employees who were part of the
transaction between Nortel and NORDEX. Also, for those employees, the old
grade structure including the working conditions and salary scale of the
grades will apply.
For clarification of this letter, the following will reflect the
equivalence between levels and grades:
JOB DESCRIPTION ANALYSIS # GRADE LEVEL
Assembly Operator 26149 23 1
Jacketing Line Helper 03852 24 1
Utility forklift truck 10380 24 1
Twister-Rewinder 29935 24 1
Trucker 29937 24 1
Strander-Operator 03801 25 1
Lead hands/Twister 10561 25 1
PVC Blending Helper 11966 25 1
No.1 Locate 11968 25 1
Reel Repair Operator 12311 25 1
Twister-Rewinder Insulating &
Jacketing lines floor man 29923 25 1
Coiler/Spooler Reelex & Steel server Oper. 29936 25 1
Braider Operator 29953 25 1
Wire/Drawing Bekaert 10005 26 2
Wire/Drawing Heavies 10045 26 2
No.6 Tinning & Bekaert 10042 26 2
Insulating Line Operator 10378 26 2
No.26 Strander Operator 12456 26 2
Team Leader 26013 26 2
Bix DVO Machine Setter Operator 26124 26 2
Selector - Shipping/Receiving 26159 26 2
Fiber Optic Connectors Assy. Operator 26165 26 2
Shipping/Receiving 29159 26 2
▇▇▇▇▇▇▇▇/Stamping Setter 29667 26 2
Dry Test 12034 27 2
Jacketing line Operator 10457 26 3
Shipping Coordinator 11576 27 3
PVC Blending Operator 11967 27 3
Auditing 12038 27 3
Quality Assurance Auditor 12725 27 3
Setter & Operator Teladapt line 26131 27 3
Plastic Molding Operator 29533 27 3
Jacketing line Operator 29917 27 3
Skunk R&D 29927 27 3
Tool Gauge Inspector New 27 3
Jacketing & Tandem Packaging Operator New 27 3
Blue Room 29885 28 3
Leadhand Jacketing & Insulation New 28 3
Oiler and toll cleaning New
# 2 - LETTER OF INTENT
REPRESENTATION
The Company agrees that any elected District Representative shall be
assigned to no less than grade 27 (maximum rate) provided however,
should he cease to be a District Representative, he shall revert to
the job and grade (or its equivalent) which he held prior to his
election.
Reference: article 5.
# 3 - LETTER OF AGREEMENT
FUNDS
ONE CENT PER HOUR PAID
The Company and the Union will meet to discuss and mutually agree on the
use of the one cent ($0.01) per hour, per employee, for all hours paid
from February_2, 1996 onward.
CHARITABLE FUND
Effective on the date of ratification, the Company shall make quarterly
contributions to the Charitable Fund equal to $0.02/hour for each straight
time hour worked. All contributions shall be forwarded to registered
Canadian charitable organizations, such as St. Justine Hospital and
Montreal Children's Hospital.
# 4 - LETTER OF INTENT
RETIREMENT TERMS
For purposes of the application of Article 43 and Letter # 7, the Company
agrees to interpret the following retirement terms as follows:
MALE FEMALE
Class A Age 60 + Service 20 Age 60 + Service 20
Age 55 + Service 20 if employed
by Nortel in May 1973
Class B Age 55 + Service 30 Age 55 + Service 25
Class C Service 30 Service 30
# 5 - LETTER OF INTENT
GAINSHARING
1996 06 10
▇▇. ▇. ▇▇▇▇▇▇▇▇▇
President
Canadian Union of Communication Workers
▇▇▇ - ▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇ (▇▇▇▇▇▇) ▇▇▇ ▇▇▇
Dear ▇▇. ▇▇▇▇▇▇▇▇▇,
In order to improve the performance of the plant, both the Company and the
Union agree to introduce a Gainsharing Incentive Program based on factors
which impact the profitability and/or proper functioning of the plant.
The elements and payout schedules will be determined by the Company on an
annual basis.
The Company agrees to communicate the cumulative results of the program on
a periodic basis. Information required for the proper understanding of
the program will be shared with the Union and a joint committee will be
formed to monitor and communicate the results of the program.
The Company will annually revise the contents of the program and will
communicate it to the Union by August 15 of the current year.
Yours truly,
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Director, Human Resources
# 6 - LETTER OF INTENT
STUDENTS
Summer students' hiring will be allowed between May 15 and August 15 of
each
year. Those students will not accumulate continuous service nor
Union service.
No students' hiring will be allowed when there are employees of any level
on layoff.
The summer students' salary will be $10.00 per hour for the duration of
the Collective Labour Agreement.
# 7 - LETTER OF INTENT
PRE-RETIREMENT PROGRAM
1. DEFINITION
An employee who is eligible for pension (class A or B) or will be eligible
within the next twelve (12) months may request to participate on a
voluntary basis in the pre-retirement program. After a period of twelve
(12) months maximum, he shall proceed on pension. The Company will not
refuse such requests without valid reason and will inform the Union when
employees proceed on this program.
2. CONDITIONS
a) The employee will be requested to work three (3) or more regular work
days per week and will have such work days scheduled two (2) weeks in
advance.
b) For the duration of the program, continuous service will be
accumulated as if the employee was working regular hours.
c) For the duration of the program, the employee will be requested to
work on a job at the same grade level, or lower to that which he held
prior to his participation in the program and for which he is
qualified or possesses the qualifications. The employee will maintain
the rate of pay in effect at the time of his participation.
d) An employee who participates in the pre-retirement program will be
entitled to all Company benefits including sickness and accident. For
the purpose of calculating sickness and accident benefits, the first
day of absence will be the employee's first scheduled work day.
e) Vacation pay will be calculated as if the employee was normally at
work.
f) An employee who is selected for a job vacancy must terminate his
participation in the pre-retirement program.
g) If mutually agreed to, this program may be extended only once for an
additional twelve (12) months.
3. RE-INSTATEMENT
a) The employee must notify his immediate manager if he wishes to
terminate his participation in the pre-retirement program. He will be
reinstated within three (3) weeks of such request to his former job or
exercise his bumping rights in accordance with article 12.
b) An employee who terminates his participation in the pre-retirement
program may not re-apply.
# 8 - LETTER OF INTENT
MOVEMENT IN AND OUT OF VARIOUS SHIFT PATTERNS
1996 06 10
▇▇. ▇. ▇▇▇▇▇▇▇▇▇
President
Canadian Union of Communication Workers
▇▇▇ - ▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇ (▇▇▇▇▇▇) ▇▇▇ ▇▇▇
Dear Sir,
The following describes the understanding between the Company and the
Union with reference to shift pattern changes.
The Company may implement a five (5), six (6) or seven (7) day shift
pattern whenever it effectively addresses the Company's
business/customers' needs. Should business needs require more than a 15
shift operation, the Company will normally first move to a 6-day pattern
prior to a 7-day pattern. Should production schedules warrant a 7-day
pattern immediately, the Company will meet with the Union to verify if the
demands of the operation are being met. The expected duration of shift
pattern changes will be for a minimum of three (3) calendar months.
The Company will give thirty (30) days advance notice to the Union before
implementing such changes. The Union will be given the opportunity for
full discussions and will have the opportunity to suggest alternatives.
The Company will consider these alternatives prior to making the changes.
Yours truly,
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Director, Human Resources
# 9 - LETTER OF INTENT
SURPLUS MACHINE OPERATOR
As a clarification of the application of clauses 12.05.02 and 12.05.03, in
the case of a surplus machine operator level 2 and above, before filling a
vacancy:
a) The most junior machine operator on the job analysis in the department
affected will displace a shorter Union service employee, on a job for
which he
is qualified, down to level 2.
b) When the operator is unable to displace at level 2, he will be allowed
to displace a shorter Union service helper at level 1 within his
department before displacing a shorter Union service helper at level 1
in the business unit.
Reference: article 12B.
# 10 - LETTER OF INTENT
INVESTMENT GUARANTEE
PREAMBLE
--------
Following an agreement between the Company and the Union (CUCW Unit # 4) on a
new labor contract and the decision to build a new facility in the Montreal
area, both parties agree to the following:
1) Should the Company thereafter decide not to purchase or lease the land upon
which to build the new facility by June 30 1997, the Company agrees to
revert to all the terms and conditions of the current collective labour
agreement expiring February 28, 1997; however, if the said agreement
expires, these terms and conditions will remain in force until such time as
the subsequent negotiated collective labour agreement comes into force. As
a result, the Company is prepared to repay the members of CUCW Unit #4 for
the economic benefit it enjoyed under the new collective labour agreement.
2) An amount will be reimbursed to the members of CUCW Unit #4; these payments
will be made based on the amounts that were paid under the new contract
versus what would have been paid under the current CLA agreement expiring
February 28, 1997. The following items are impacted:
a) Savings of the new wage and benefits scale of Levels 1-4
b) New six (6) day premium/seven (7) day premium
c) Salary freeze.
3) The Company and Union (members of CUCW Unit #4) agree to review together
the manner in which the monies owing to each employee will be calculated.
The Company will not be responsible for any disputes arising out of the
method of payout so determined.
4) This letter of agreement will become null and void in the event the new
collective agreement would be denounced and rejected by the Union.
# 11 - LETTER OF INTENT
NEW FACILITY
As a result of the recent contract between the Company and the Union CUCW Unit
#4 and its members, in the event of a complete plant closure, the Company
agrees to the following:
1) Should, after June 30th, 1997, and after the Company has moved into its new
facility in the Montreal area, the Company subsequently closes its Montreal
operations to move into another facility outside of the province of Quebec:
a) The Company agrees to offer re-employment to certain employees, to the
extent permitted by law, at its new facility outside of the Province of
Quebec, based on their job qualifications and seniority.
If, as a result of such a move of operations, the employee is required
to move to a location outside the Province of Quebec, the Company will
pay reasonable moving costs.
b) In addition to the Severance Pay Allowance, as defined in Article
43.07, the Company agrees to the following:
CONTINUOUS SERVICE ADDITIONAL AMOUNT
------------------ -----------------
0 - 5 years $ 1,000
6 - 10 years $ 5,000
11 years and above $12,000
The amounts may, if an employee so desires, be used by the Company to
provide for new job training.
2) The Company and the Union agree to establish a "reclassification committee"
as per Article 45 of "La loi de la formation professionnelle".
This agreement becomes null and void no later than December 31st, 2000.
# 12 - LETTER OF UNDERSTANDING
LEVEL 1 EMPLOYEES
The total number of Level 1 employees shall not exceed 35% of the total
employees.
# 13 - LETTER OF INTENT - RATE
ADJUSTMENT FOR EMPLOYEES ON DISABILITY
Rate adjustments resulting from contract negotiations will also be applied
to employees who are receiving disability benefits in accordance with the
Company's Plan, at the time these rate adjustments become effective.
Reference: article 39.
# 14 - LETTER OF INTENT
DEFINITION OF TERMS
In order to ensure the correct understanding of this Collective Agreement,
the following definitions shall prevail:
a) SIMILAR
A similar job means a job in which 50% or more of the content
corresponds to the content of a job for which the incumbent is
qualified.
b) ORIENTATION
Orientation refers to training of the type given on a promotion in
order to complete the qualifications required for a job similar to the
one previously held.
c) POSSESSES THE QUALIFICATIONS
Possesses the qualifications refers to an employee having the skills,
ability and experience to do a job.
d) QUALIFIED
Qualified refers to an employee having satisfactorily performed the
job previously, excluding temporary assignments.
e) CONSULT
It is understood that in application of this Collective Agreement the
wording "Agreed to consult with the Union" is defined as: "Agreement
to inform, discuss with and consider the opinion of the Union and/or
the District Representative".
f) FAMILIARIZATION
The following clarification applies to all references to
familiarization periods contained in this collective agreement:
It is understood that by the end of the familiarization period, the
employee should have achieved, or through continuous and progressive
improvement must have demonstrated the potential to achieve, the rates
as defined in the production standards.
g) TEMPORARY ASSIGNMENTS
A "temporary assignment" means an assignment due to a workload
increase for a period of less than a month or an assignment to replace
an employee on a leave of absence.
Reference: articles 12B and 38.
# 15 - LETTER OF UNDERSTANDING
VACATION CALCULATIONS
It is understood that, in the application of article 30.06, employees who
are laid off and recalled during the period of July lst to June 30th of
the following year shall have their vacation entitlement calculated as
follows.
The actual number of days on layoff will be calculated and sixty (60) days
will be subtracted from this total. The difference will be divided by
thirty (30) and each such complete thirty (30) day period will reduce the
employees' vacation entitlement by the appropriate amount, as outlined in
the article 30.05 vacation reduction table.
Examples of the above application are as follows:
EXAMPLE A
LAYOFF DATE RECALL DATE DAYS ABSENT
Jan. 15 Feb.27 Jan. = 16
Feb. = 26
--
Total = 42
April 26 May 16 April = 04
May = 15
--
Total = 19
Total days absent = 61
Subtract 60 days = - 60
--
Difference = 1 day
Thirty (30) day periods = 0, therefore, no reduction in vacation
entitlement.
EXAMPLE B
Employee with eleven (11) years of continuous service.
LAYOFF DATE RECALL DATE DAYS ABSENT
Jan. 14 Mar. 28 Jan. = 17
Feb. = 28
March = 27
--
Total = 72
April 22 June 20 April = 08
May = 31
June = 19
--
Total = 58
Total days absent = 130
Subtract 60 days = -60
-------
Difference = 70 days
Thirty (30) day periods = 2, therefore, vacation entitlement reduction would be:
Two 30-day periods x 2 days each = 4 days reduction.
Therefore, in this example, the employee would
have a potential vacation of 20 days
Vacation paid on layoff (July 1-Jan.14) would have been -12
-------
Difference 8
Reduction as per above - 4
-------
Remaining paid vacation entitlement 4 days
Reference: article 30.
APPENDIX "A" - PENSION BENEFITS
FOR EMPLOYEES ▇▇▇▇▇▇ ▇, ▇, ▇, ▇, ▇▇▇▇▇▇ 23-30 AND TRADES
1. PREAMBLE
1.1 This appendix, which shall form part of the Collective Labour Agreement
(hereinafter called the "Agreement"), describes amendments to those plans
which shall be in effect for active employees during the term of the
Agreement, information relating to cost sharing, and reference to
preservation of those Company plans which are not contractually covered.
1.2 The effective dates of amendments of these plans, where applicable, are
noted in the relevant paragraphs hereafter.
1.3 The term applicable shall be as defined for the Agreement, except with
respect to the Pension Plan which shall be for the term from February 3,
1996 to the end of the collective agreement.
1.4 Agreements with respect to the plans described in this appendix may be
changed or amended by mutual consent of the parties hereto, with such
changes or amendments to be in the form of appendices to the Agreement.
The benefits payable under these Company plans will remain unchanged in
the event of changes in Government plans. If legislation is introduced to
increase the level of coverage to be provided, benefit design may be
changed to maintain the current cost sharing level. Any changes to these
plans must be cost neutral to the employer. The duration of the Agreement
cannot be affected by such changes or amendments.
1.5 The plans, hereinafter called the "Plan(s)" covered by this appendix shall
be continued automatically at the expiry of the Agreement until a new
agreement is ratified or until the Union is entitled by law to commence
legal strike or the Company is permitted to lockout.
1.6 For the purposes of this appendix, the following definitions shall
prevail:
1.6.1 Benefit Group shall mean the categories of job classifications
or grades determined as follows:
BENEFIT GROUP LEVEL GRADE
1 1 23 to 24
2 2,3 25 to 28
3 4 29, 30 & Trades
1.6.2 "Eligible dependents" shall mean, for purposes of paragraphs 2,
3, 4, 5, 9 and 10 of this appendix:
(i) "Spouse" means the individual of the opposite sex or same
sex who is
legally married to the employee and not living separate and
apart from the employee or, if the employee so elects, who
is not living with the employee at the time of the
employee's death; or if neither of these is applicable a
person of opposite sex or same sex who is not married to the
employee, but is an individual with whom the employee has
been cohabiting for a period of one year immediately
preceding the employee's death and who had been publicly
represented as the domestic partner of the employee.
(ii) Unmarried natural or legally adopted, dependent children of
the employee or spouse who are:
1) living or deemed to be living with the employee including
those where support for benefit coverage has been
dictated by a court order; and
2) (a) under age 21, or
(b) over age 21, but not over age 25, and are full-time
students at an accredited college or university; and,
3) (a) Canadian citizens, or
(b) landed immigrants;
(iii) physically or mentally handicapped financially dependent
children, regardless of age, provided:
a) they were handicapped and dependent prior to age 21, or
b) they were handicapped and dependent between age 21 and
age 25 and were full-time students at an accredited
college or university at the time they became
handicapped and dependent.
(c) (i) Canadian citizens, or
(ii) landed immigrants;
(iv) Dependent parents.
The above eligible dependents shall be ranked in descending
order of priority.
1.7 "Spouse" shall mean, for the purpose of paragraph 11 of this appendix:
a) the person of the opposite sex who is legally married to the employee
or, if the employee so elects, is not living with the employee at the
time of the employee's death; or
b) the individual of the opposite sex who is not married to the employee,
but is an individual with whom the employee has been cohabiting for a
period of one year immediately preceding the employee's death and who
had been publicly represented as the domestic partner of the employee;
or
c) such other individual who is required to be recognized as the spouse
of the employee pursuant to the Quebec Supplemental Pension Plans Act,
for the application of particular provisions of the Plan.
1.8 All employees hired after February 2, 1996 shall become eligible for
coverage under the Plans referred to in paragraphs 2, 3, 4, 5, 8 and 9 on
the first day of the month following the month in which the employee
completes 12 months' continuous service.
2. QUEBEC BLUE CROSS SUPPLEMENTARY HOSPITAL PLAN
The Company will continue to provide the Quebec Blue Cross Supplementary
Hospital Plan as in effect immediately prior to the term of the Agreement.
The cost of this Plan will be paid by the employees, including any
increases in premiums during the term of the Agreement.
3. QUEBEC BLUE CROSS EXTENDED HEALTH CARE PLAN
The Company will continue to provide the Quebec Blue Cross Extended Health
Care Plan as in effect immediately prior to the term of the Agreement. The
cost of this Plan will be paid by the Company, including any increases
during the term of the Agreement relating to the services covered by the
Plan.
4. QUEBEC BLUE CROSS VISION CARE PLAN
The Company will continue to provide the Quebec Blue Cross Vision Care
Plan as in effect immediately prior to the term of the Agreement. The cost
of this Plan will be paid by the Company.
5. QUEBEC BLUE CROSS DENTAL PLAN
5.1 The Company will continue to provide a Dental Plan as in effect
immediately prior to the term of the Agreement, with coverage for expenses
incurred up to December 31, 1996, on the basis of the 1995 Quebec Dental
Association Schedule for General Practitioners for the services covered by
such Plan. The cost of this Plan, including any increases during the term
of the Agreement, will be paid by the Company.
5.2 Effective January 1, 1997, the 1996 Quebec Dental Association Schedule for
General Practitioners will apply.
5.3 Effective January 1, 1998, the 1997 Quebec Dental Association Schedule for
General
Practitioners will apply.
5.4 Effective January 1, 1999, the 1998 Quebec Dental Association Schedule for
General Practitioners will apply.
5.5 Effective January 1, 2000, the 1999 Quebec Dental Association Schedule for
General Practitioners will apply.
5.6 Effective January 1, 2001, the 2000 Quebec Dental Association Schedule for
General Practitioners will apply.
6. SICKNESS AND ACCIDENT PLAN
6.1 The Company will continue to provide a Sickness and Accident (S&A) Plan as
in effect immediately prior to the term of the Agreement.
6.2 For the purpose of determining eligibility for payment under this Plan,
hospitalization shall mean treatment as an in-patient or on admission to a
Day Surgery Unit for procedures conducted under a general anesthetic or
either under intravenous anesthetic or local anesthetic where such
procedures had been formerly required to be done under general anesthetic.
7. LONG TERM DISABILITY PLAN
7.1 The Company will continue to provide the Long Term Disability (LTD) Plan
as in effect immediately prior to the term of the Agreement.
7.2 Effective June 10, 1996, this Plan will provide monthly income benefits in
accordance with the following schedule for those eligible employees whose
S&A Plan benefits expire after May 31, 1996.
BENEFIT GROUP MONTHLY INCOME
1 $1650
2 $1775
3 $2050
7.3 During the period for which an employee is eligible to receive LTD Plan
benefits, participation will continue in the following Plans:
. Supplementary Hospital
. Health Care
. Dependent Life
. Retiring Allowance Plan
. Pension
. Group Life Insurance - Parts I and II
. Survivor Transition Benefit
Coverage for Group Life Insurance - Parts I & II and the Survivor
Transition Benefit in effect at the date of disability will prevail during
the period for which an employee is eligible to receive LTD Plan benefits.
7.4 For those eligible employees whose S&A Plan benefits expire after date of
ratification, for the purposes of determining eligibility for the first
twelve (12) month period under the LTD Plan, disability shall mean that an
employee is unable to perform the duties of any job in the bargaining unit
on a full-time basis. Following expiry of such period, disability shall
mean that an employee is disabled to an extent preventing performance of
any job for which the employee is reasonably suited by education, training
and experience.
Notwithstanding the above definition, if it is confirmed that an employee
is eligible for primary disability benefits under the Canada/Quebec
Pension Plan, this employee will then be also eligible for benefits under
the LTD Plan.
7.5 LTD Plan benefits shall not be terminated without at least one (1) month's
notice to the recipient unless the employee returns to work.
8. GROUP LIFE INSURANCE PLAN
8.1 The Company will continue to provide, on an optional basis to employees,
life insurance through Group Life Insurance Plan - Part I, hereinafter
called "Part I", as in effect immediately prior to the term of the
Agreement except as indicated in 8.1.1 and 8.1.2 below.
8.1.1 The entire cost of the Plan will be paid by the Company.
8.1.2 The Plan will provide insurance coverage under Part I in accordance with
the following schedule for those eligible employees whose insurance
coverage is in effect on the date of ratification.
BENEFIT GROUP INSURANCE COVERAGE
1 $29,500
2 $31,000
3 $33,500
8.1.3 Employees retiring with a pension date on or after the date of
ratification, will continue to have insurance coverage under Part
1 in accordance with the following schedule:
BENEFIT GROUP INSURANCE COVERAGE
1 $24,500
2 $26,000
3 $28,500
and will continue to have the reduction formula in effect as of the
date of ratification.
8.2 The Company will continue to provide, on an optional basis to employees,
life insurance through Group Life Insurance Plan - Part II, hereinafter
called "Part II", as in effect immediately prior to the term of the
Agreement, except as indicated herein below.
The premium rates for Part II for each $1000 of coverage will be as
follows:
MONTHLY COST
MALE FEMALE
AGE SMOKER NON-SMOKER SMOKER NON-SMOKER
to 35 $0.16 $0.08 $0.07 $0.04
36-45 $0.32 $0.16 $0.15 $0.09
46-55 $0.76 $0.42 $0.36 $0.23
56-60 $1.45 $0.84 $0.69 $0.47
61-64 $2.20 $1.29 $1.02 $0.71
The smoker rates apply to anyone who has smoked a cigarette or used any
tobacco product one time in the past year.
These rates will be adjusted as per renewal arrangements made with the
carrier.
8.3 The Company will continue to provide, on an optional basis to employees,
life insurance through the Dependent Life Plan as in effect immediately
prior to the term of the Agreement, except as indicated herein below.
The premium rates for Dependent Life will continue to be:
SPOUSE CHILD MONTHLY RATE
$ 5,000 $ 2,500 $1.65
$10,000 $ 5,000 $3.30
$25,000 $10,000 $7.65
These rates will be adjusted as per renewal arrangements made with the
carrier.
8.4 The other terms and conditions of this Plan will remain in full force and
effect as reflected in the applicable insurance contract.
9. SURVIVOR TRANSITION BENEFIT PLAN
9.1 The Company will continue to provide a Survivor Transition Benefit Plan as
in effect immediately prior to the term of the Agreement subject to
paragraph 1.6.2.
9.2 During the period which an eligible dependent is in receipt of STB,
participation will continue in the following Plans but the cost will be
paid by the Company:
. Extended Health Care Plan
. Dental Plan
. Vision Care Plan
10. RETIREMENT ALLOWANCE PLAN
10.1 The Company will continue to provide a Retirement Allowance Plan as in
effect immediately prior to the term of the Agreement subject to paragraph
1.6.2. The Retirement Allowance Schedules and formulae will be based on
the following:
10.1.1 The amounts set out in the schedules in effect immediately prior to
this agreement will be increased by 3% on the 1996 schedule on June
10 of each of the years 1998, 1999 and 2000.
10.1.2 The scheduled amounts in effect immediately prior to this agreement
will be prorated so that the retirement allowance will be based on
completed calendar years and months of service and age.
10.2 Employees will be entitled to payment under the Plan if, as of their
pension date, they have at least ten (10) years of continuous service. The
amounts set out in the Schedules will be payable monthly commencing with
the month in which the pension date falls and continuing until the month
age 65 is reached, except that for retirement at age 65 there will be only
one payment.
10.3 An employee entitled to the Retirement Allowance Plan may elect to
receive, either as a lump sum or as monthly payments during any period up
to age 71, the present value of the scheduled amount discounted at the
rate prescribed for the first fifteen (15) years for non-indexed pensions,
for the month in which the payment of the benefits commences under the
Canadian Institute of Actuaries Recommendations for the computation of
transfer values from registered pension plans effective June 1, 1996.
10.4 If a retired employee who is entitled to a retirement allowance dies prior
to all payments being made, the remaining payments will be paid monthly on
the same basis to eligible dependents.
10.5 Where employees retire with a class E pension and are entitled to a
retirement allowance, the amount as set out in the Schedule will be
reduced actuarially for each month by which the employee's age is less
than 65.
11. PENSION PLAN
11.1 Effective February 3, 1996, the Company will replace the Northern
Telecom Negotiated Pension Plan by a defined contribution pension
plan. The defined contribution pension plan will include, subject to
the approval of the supervisory pension authorities, the provisions
specified below during the applicable term stated in paragraph 1.3
above.
11.2 All employees will be eligible to participate to the defined contribution
pension plan.
11.3 Service under the defined contribution pension plan will be defined as
continuous service with the Company, including the continuous service
with Northern Telecom up to February 2, 1996.
11.4 Base earnings under the defined contribution pension plan will be defined
as the basic remuneration, exclusive of such items as overtime pay,
special bonus, Company contributions to any benefit plan, or other
extra earnings.
Basic remuneration will mean the employee's standard hourly wages
determined by multiplying his hourly base rate of pay by the number
of regularly scheduled hours assigned to his job classification.
Base earnings in respect of any period of absence from work will mean the
rate in effect immediately prior to such absence.
11.5 Employees participating to the defined contribution pension plan will be
able to contribute through payroll deduction and/or make lump sum
contributions subject to the limitations of the Income Tax Act and
Regulations.
Such employee contributions will be voluntary.
11.6 The Company contributions to the defined contribution pension plan will be
determined as follows:
i) Basic Contributions
-------------------
The Company will contribute a percentage of the employee's base
earnings. For a given calendar year, such percentage will be
determined in accordance with the following schedule which is based
on the sum of the employee's age and service on January 1st of the
said calendar year.
Sum of Age and Service Basic Company
Contributions
__(in completed years)
____(% of base earnings)
less than 40 2.5%
40 to 49 3.0%
50 to 59 3.5%
60 to 69 4.0%
70 to 79 4.5%
80 to 89 5.5%
90 and more 6.5%
ii) Matching Contributions
----------------------
The Company will also contribute an amount equal to one half (50%) of
the employee's contributions, up to a maximum of 1% of his base
earnings.
iii) Grandfathering Employees
------------------------
Instead of the contributions provided for in i) and ii) above, for 59
employees, to be called "grandfathered" employees, the Company will
contribute a fixed percentage of their base earnings during the
applicable term stated in paragraph 1.3 above. Therefore, the
Company will not match the contributions made by the "grandfathered"
employees, if any.
Such percentage will be determined individually so as to replicate
------------
the benefits that would have been provided by the Northern Telecom
Negotiated Pension Plan if the grandfathered employee had continued
participation in that plan until retirement. It will be determined
as of February 2, 1996 and will not thereafter be re-adjusted.
More specifically, such percentage will be determined on the basis of
the following:
a) Provisions of the Northern Telecom Negotiated Pension Plan
----------------------------------------------------------
Those in effect as of February 2, 1996, except for the benefit
rates which are deemed to increase over the next five (5) years
by 5% the first year, 3% the second and third years and 2.5%
the fourth and fifth years,
resulting in a cumulative increase which is a function of the
number of years until retirement as follows:
Years until Retirement Increase
__(in completed years)
1 or less 5.00%
2 8.15%
3 11.39%
4 14.18%
5 or more 17.03%
The automatic post-retirement indexation provisions and the
joint and survivor form of payment of the Northern Telecom
Negotiated Pension Plan will therefore be taken in account in
determining the Company contribution intended to replicate its
benefits.
b) Assumptions
-----------
Earnings' increases None
Investment return 8.00% per year
Annuity purchase rates 8.00% per year
CPI increases 3.75% per year
Assumed retirement age Earliest age the
employee would have qualified for an unreduced
pension under conditions A, B or C or, if
later, attained age as of Feb.2/96 plus one
year
iv) Period of Absence
-----------------
The Company will contribute in accordance with the above during any
period of absence with pay or any period of absence without pay
resulting from a disability, parental leave or maternity leave,
subject to the limitations of the Income Tax Act and Regulations.
However, the Company will not contribute during any other period of
absence without pay.
11.7 The normal retirement age under the defined contribution pension plan
will be 65 whereas the earliest retirement age will be 50.
11.8 The Company contributions to the defined contribution pension plan will
be fully vested after two years of service.
11.9 On retirement, termination of employment or death of the employee, the
benefits provided by the defined contribution pension plan will be
equal to the accumulated value of the employee's and vested Company
contributions. Such value will be subject to the locking-in
requirements of the applicable provincial pension legislation.
11.10 The defined contribution pension plan will be a separate pension plan
registered with the Regie des rentes du Quebec. It will therefore be
administered by a pension committee.
11.11 The pension committee of the defined contribution pension plan will be
made up of the following seven (7) members:
a) four (4) representatives of the Company;
b) two (2) representatives of the employees;
c) a third party to be designated by the Company.
11.12 The administration expenses of the defined contribution pension plan
will be paid by the Company whereas the custody and investment
expenses will be assumed by the employees.
11.13 Any remaining details regarding the operation of the defined
contribution pension plan, e.g. the selection of the custodian,
administrator and investment manager(s), the allowed number of
changes in investment directions per calendar year, the frequency of
employee statements, etc. will be decided by the pension committee.
12. OTHER COMPANY PLANS
12.1 The Company proposes to continue the following during the term of the
Agreement.
. Travel Accident Insurance
. Registered Retirement Savings Plan
12.2 While the Company will not reduce the level of benefits of the Plans
referred to in 12.1 above during the term of the Agreement, it
reserves the right to amend the terms and conditions of such Plans in
order to conform to existing or future legislation, to ensure that
they may best
meet the objectives for which they were established, and to enable
their administration to be carried out with prudence and economy in
the interest of all participants therein.
13. GENERAL
13.1 The Company shall furnish the Plan text(s), as soon as practicable, after
signing the Agreement, for review and comment by the Union. The other
documents referred to below will be furnished at appropriate times for
review and comment by the Union.
13.2 The Company will furnish the Union with copies of the administrative
procedures, benefits description and approved authorized texts covering
the employee benefit Plans referred to in paragraphs 2 to 12 of this
appendix.
13.3 As soon as it is practicable hereafter, the Company will provide each
employee with a benefits description referred to in this appendix.
13.4 The Company will ensure that all the Plans covered by this appendix are
adjusted to reflect legislation precluding discrimination with respect to
age, sex, and marital status, except to the extent that such legislation
so permits.
13.5 The Company confirms its intention to maintain its present practices with
respect to the handling of statutory and Company benefits as these apply
to retirees. In the event a change appears desirable, the Company will
discuss such changes in advance with the Union.
13.6 Procedures shall be determined on a basis which is mutually acceptable to
the Union and the Company. Items for discussion shall in general be
limited to those matters pertaining to the benefits covered by this
appendix and may include application thereof to future retirees.
13.7 The Company will furnish the Union with such information with respect to
the operations of applicable benefit plans as shall be mutually acceptable
to the parties or required by legislation, including:
. Copy of the annual information return to the province of registration
for the Pension Plan.
13.8 The Union consents to the application by the Company, through partial
funding of the latter's costs in providing improved employee benefits in
accordance with the Agreement and with prior Collective Labour Agreements
between the Union and the Company, of the reductions equal to at least
5/12th that have been or may be granted to the Company as to employer's
premiums under the Unemployment
Insurance Act.
13.9 The Company shall have the exclusive right to determine and change the
method and terms of financing the Company Health Care Plans, Group Life
Insurance -Parts I and II and the Dependent Life Plan provided under the
Agreement, subject to the following conditions:
a) no change will take place without at least 3 months prior notice to
the Union,
b) no change will have the effect of reducing the value of any benefit,
c) no change will affect the method of claims settlement except as shall
be mutually agreed between the parties, and
d) the Company shall furnish the Union with a full accounting as to the
disposition of any surplus or deficit attributable to employee
contributions.