Alcan Kingston
and
Local 343
This on line version below is not completely coded....we are working on it.
COLLECTIVE AGREEMENT between ALCAN ALUMINIUM LIMITED Kingston Works and UNITED STEELWORKERS OF AMERICA LOCAL UNION 343 May 18th, 1998 - May 17th, 2003
CONTENTS
I Purpose.......................... 6
II Recognition...................... 6
III Management Rights................ 7
IV General Conditions............... 7
V Seniority, Computation of
Service, Approved Absence and
Lay-off......................... 8
VI Progression, Promotions &
Transfers....................... 13
VII Vacations and Paid Holidays...... 17
VIII Termination of Employment........ 24
IX Working Conditions............... 25
X Salaries......................... 26
XI Shift Premium.................... 28
XII Overtime......................... 29
XIII Bulletin Boards.................. 32
XIV Union Committees................. 32
XV Grievance Procedure.............. 34
XVI Health and Safety and Working
Environment...................... 36
XVII Medical Insurance................ 38
XVIII Union Security................... 39
XIX Termination of Agreement......... 40
Appendix I Wage Rates.................. 41
Appendix II Authorization of Check-Off.. 43
Appendix III Salary Operation............ 44
Appendix IV Cost-of-Living Allowance.... 44
Appendix V Overtime Assignment......... 46
Appendix VI Letters of Understanding.... 47
INDEX
SUBJECT SECTION PAGE
Approved Absence............... 5.08,8.05............. 12,24
Bereavement Pay................ Appendix III.......... 44
Bulletin Boards................ 13.01................. 32
Computation of Seniority....... 5.02(a)(b)............ 8
Continuous Operation........... 9.05, Appendix V...... 26,46
Cost-of-Living Allowance....... Appendix IV........... 44
Departmental Transfers and
Recalls....................... 5.05,6.04............ 11,15
Dirty Work..................... 10.05................. 28
Discrimination................. 4.03.................. 8
Discussion of Matters
Affecting Employees........... 2.02.................. 7
Employee Assistance Program.... 16.03................. 38
Extension of Probationary
Period........................ 5.02(g)............... 9
Grievance Procedure............ 15.01 to 15.06........ 34-36
Handicapped Employees.......... 16.02................. 37
Hours of Work.................. 9.04.................. 25
Injury on the Job.............. Appendix III.......... 44
Irregular Shift Changes........ 12.03................. 30
Job Postings................... 6.02.................. 14
Jury Duty...................... Appendix III.......... 44
Letters of Discipline.......... 4.05.................. 8
Letters of Understanding....... Appendix VI........... 47
Lines of Progression........... 6.01.................. 13
Lunch and Rest Periods......... 9.03.................. 25
Maintenance of Rates........... 10.03(c).............. 27
Management Rights.............. 3.01.................. 7
Meal Allowance................. 12.09................. 32
Medical Insurance.............. 17.01................. 38
Mutual Shift Exchanges......... 12.05................. 31
New Classifications............ 10.02................. 27
Notification in Case of Lay-Off 5.04.................. 10
Overtime and Overtime 12.01,12.02,12.04,12.06,12.07
Compensation.................. 12.08, Appendix V... 29-32,46
Paid Holiday Allowance......... 7.10 7.12............. 23
Paid Holidays.................. 7.08,7.09,7.11........ 22,23
Permanent Promotions, Demotions
and Transfers - Compensations 10.03................. 27
Promotions and Demotions...... 6.03.................. 15
Purpose....................... 1.01.................. 6
Reduction in Forces........... 6.04(1)............... 15
Refusal to Work............... 16.01(e).............. 37
Regular Employees............. 5.01.................. 8
Rehiring...................... 5.02(e),5.07.......... 9,12
Retirement.................... 8.02.................. 24
Returning to the Bargaining
Unit......................... 5.02(c)............... 9
Safety Committee.............. 16.01(b).............. 36
Safety Equipment.............. 16.01(d).............. 37
Salaries...................... 10.01, Appendix I..... 26,41
Seniority Lists............... 5.06.................. 12
Service Record Review......... 4.04.................. 8
Service With Other Alcan
Plants....................... 5.02(d)............... 9
Shift Premium................. 11.01................. 28
Sick Leave.................... Appendix III.......... 44
Smoking....................... 16.04................. 38
Special Circumstances......... 4.01.................. 7
Strike and Lockouts........... 4.02.................. 8
Supplementary Unemployment
Benefits..................... 5.04(b)............... 10
Temporary Assignments Outside
of Bargaining Unit........... 6.07.................. 17
Temporary Employee in
Lay-Off Situation............ 5.03(a)(b)............ 9,10
Temporary Promotions or
Transfers.................... 6.06.................. 17
Temporary Straight Day
Positions.................... 6.06(c)............... 17
Temporary Substitution........ 6.05.................. 16
Temporary Transfers -
Compensation................. 10.04................. 28
Termination of Agreement...... 19.01,19.02........... 40
Termination of Employment..... 8.01,8.03,8.04........ 24
Union Check-Off............... 18.01,18.02,18.03,
Appendix II......... 39,40,43
Union Committees.............. 14.01 to 14.05........ 32-34
Union Representation.......... 4.06.................. 8
Vacations and Vacation
Compensation................. 7.01 to 7.07.......... 17-21
Work on Sunday................ 9.02.................. 25
Work Week..................... 9.01.................. 25
At Kingston Works both parties to this Agreement have attempted to build an approach to the operation of the plant that is different from the traditional approach for large industrial organizations. This approach is based on the belief that conscientious employees, properly informed, carrying out their duties in an intelligent manner, are the best assurance of an effective operation. Such an operation, built on internal support by its own people, can best fill the needs of our customers and the shareholders. Thus, both parties to this Agreement have worked together to set up plant procedures which reflect these convictions and which give freedom to employees to discharge their responsibilities without unnecessary restrictions. This approach, and the response of employees to it, made it possible some years ago to eliminate time clocks. Later on, the traditional hourly pay system was discontinued and since that date all employees at Kingston Works have been paid on a salaried basis. More recently, mutual cooperation has resulted in both parties recognizing that employee involvement enhances our vested interest in Kingston Works and provides an environment for continuous improvement. Both parties take pride in the progress that has already been made in developing an improved working climate which benefits both the employee and the company. We intend to continue our efforts that combine opportunity and challenge for the individual while moving toward our objectives of excellence and preferred supplier status.
entered into at Kingston on the 18th of May 1998.
BETWEEN
ALCAN ALUMINIUM LIMITED,
Kingston Works,
hereinafter called the "Company",
OF THE FIRST PART,
-and-
UNITED STEELWORKERS OF AMERICA,
LOCAL UNION 343,
hereafter called the "Union"
OF THE SECOND PART
1.01 The general purpose of the Agreement is to record orderly collective bargaining relations between the Company and its employees represented by the Union, to secure prompt and equitable disposition of grievances, and to maintain mutually satisfactory hours, salaries and working conditions based upon a salary program designed to maintain the employee's income subject to the terms and conditions of this agreement. (Refer to Appendix III.) The various sections and clauses of this Agreement and the Appendices shall therefore be read and construed together. Where the masculine gender is used, it shall mean and include the feminine gender where the context so applies.
1.02
Both parties to this Collective Agreement acknowledge that this Agreement is subject to any applicable legislation of Canada or of Ontario and shall from time to time be deemed to be amended or modified to give effect to any such legislation.
SECTION II - RECOGNITION
2.01
The Company recognizes the Union as certified by order of the Ontario Labour Relations Board, dated the 4th day of April 1945, as the sole collective bargaining agent for all the Company's employees of the Kingston Works, save and except Security Officers, employees of the Maintenance Departments, the Machine Shop, Instrumentation, Boiler and Compressor Room and Heating Departments or those engaged in a confidential capacity.
2.02
The Company is willing to discuss all matters affecting the said employees with the Union. The Union is also willing to discuss with the Company all such matters.
2.03
The Company recognizes the right of any employee to request a hearing with any one (1) of its officers, up to and including the Works Manager.
2.04
The Company and the Union desire to maintain a harmonious relationship between the Company and its employees, as outlined in the Preface to this Collective Agreement. With this in mind both parties agree that it is beneficial to familiarize new employees with the expectations of both the Company and the Union. Accordingly, the orientation programme for new employees hired under the terms of the Collective Agreement will include a session conducted by the Personnel Manager or his nominee with the Union President or his nominee participating, designed to further this objective.
SECTION III - MANAGEMENT RIGHTS
3.01
Subject only to any specific provision contained herein, the Company is not in any way limited in the exercise of all the rights, powers, authority and regular and customary functions of Management, and without limiting the generality of the foregoing these rights shall include the right to introduce technical improvements and methods of operations; the right to engage, promote, demote, transfer and lay off employees; and the right to suspend, discharge or otherwise discipline employees for just cause subject to the right of any employee to lodge a grievance in the manner and to the extent herein provided.
SECTION IV - GENERAL CONDITIONS
4.01 Special Circumstances
If in any department circumstances arise relevant to working conditions, but for which no express provision is made herein, work shall proceed under conditions specified by the Company pending consideration of the question by the parties hereto.
4.02 Strike and Lockouts
For the duration of this agreement there shall be no strike, stoppage of work, picketing, boycott, or wilful interference with production, transportation or distribution, by the Union or its members and no lockout by the Company.
4.03 No Discrimination
Neither the Company nor the Union will discriminate against any employee by reason of race, colour, creed, nationality, age, sex, religious or political beliefs, or union affiliation, or non-union affiliation or Union activities.
4.04 Service Record and Disciplinary Summary
Upon request, the Company will review with an employee his service record, disciplinary summary and attendance record.
4.05 Letters of Discipline
The Company agrees to advise the Union President in writing of any employee within the bargaining unit who is disciplined by letter stating the nature of the letter and the employee's department. Employees shall be informed of all verbal warnings that are to be included on their personal files and will be required to acknowledge receipt of such verbal warnings by signing a Memorandum to File.
4.06 Union Representation
An employee may request to meet with and have in attendance a Union representative to act solely as a witness at any meeting with a member of Management wherein he is to be given formal discipline.
SECTION V - SENIORITY, COMPUTATION OF SERVICE, APPROVED ABSENCE AND LAY-OFF
5.01 Definition
A regular employee's plant seniority shall be equal to his continuous service with the Company and shall not be broken by any approved absence. A regular employee is one who has completed his probationary period within the bargaining unit.
5.02 Computation of Seniority
(a) The provisions of this section of the Agreement shall not apply to a new employee who has less than ninety (90) calendar days seniority. However, employees with less than ninety (90) days seniority shall be subject to recall in accordance with the provisions of Clause 5.05(a).
(b) Seniority shall be the elapsed time from the date of employment, or if there has been a break in service, from the date of re-employment.
(c) Employees transferred out of the bargaining unit prior to May 1983 will maintain all seniority accumulated up to that date while employed at Kingston Works. Employees transferred out of the bargaining unit during or after May 1983 will maintain the seniority held up to the date of such transfer while employed at Kingston Works. Upon return to the bargaining unit, said employees will return to the lowest classification in the department which appears to be most suitable to their experience and ability providing a vacancy exists and the vacancy is not for a posted job. An employee with seniority rights under the above conditions may not exercise these rights while regular employees in the bargaining unit are on lay-off.
After 18 May 1970 the terms of this clause will apply only to those employees transferred out of the bargaining unit and remaining in a production department.
(d) An employee's continuous service with other plants of Alcan Rolled Products Company including predecessor and/or affiliated companies will be included in seniority records upon transfer to Kingston Works for vacation, pension and fringe benefits only.
(e) Lay-off in excess of twenty-four (24) months (thirty-six (36) months in the case of an employee with twenty (20) or more years of seniority at time of lay-off), resignation, termination under Section VIII or Clause 5.05(c), quitting, discharge (subject to Clause 15.05), and retirement shall terminate an employee's seniority and employment. If the employee is rehired he shall be rehired as a new employee and his seniority shall date from the time of rehiring.
(f) The method of computing seniority given above shall be used only for the purpose of Section V and VI of the Agreement.
(g) In special circumstances, it is agreed the Company may request an extension of the probationary period for an additional forty-five (45) days. It is understood that this extension can terminate at any time during this extension.
5.03 Reduction of Forces
(a) Whenever a reduction in forces becomes necessary, any student vacation replacements shall be laid off without reference to their length of service. Student vacation replacements are temporary employees. Such students shall be hired after April 15th and before August 15th and terminated before or thereon September 30th of the same year. Student vacation replacements shall accumulate no seniority while they are classified as such and shall be subject to termination without notice and without cause. If the Company retains a student vacation replacement after September 30th of the same year, he shall be rehired as a probationary employee.
(b) When all student vacation replacements have been laid off, any further reduction in forces within a department or within the plant, shall be accomplished by transferring or laying off employees in their inverse order of plant seniority.
(c) Notwithstanding the provisions of Clauses 5.03(b) or 6.04(1), in the event of a reduction in forces, an employee may be retained in a particular job regardless of his seniority, where there is no other available employee with greater seniority who is qualified to perform the job.
5.04 Notification in Case of Lay-Off
(a) Whenever employees are to be laid off, the employees concerned will be notified at least five (5) working days before the lay-off or paid five (5) days pay in lieu of notice. The Union President will be notified prior to any lay-off.
(b) Supplementary Unemployment Benefits
(1) Supplementary Unemployment Benefits of $25.00 per week shall be paid for twenty-six (26) weeks during any period of fifty-two (52) weeks to an employee having more than one (1) year of service, and who is laid off on account of a reduction of forces.5.05 Recalls
(2) Supplementary Unemployment Benefits shall not be paid:(a) For any period of time the employee is not eligible for and does not receive Unemployment Insurance Benefits.(3) Employees will not be eligible for S.U.B. during a strike, slow-down, stoppage of work, or other labour disputes by any employees in the bargaining units of Kingston Works.
(b) If the employee has refused a recall back to work.
(4) Supplementary Unemployment Benefits will be paid by the Company from current revenues. Employees will not have a vested interest in Supplementary Unemployment Benefits except to receive payment as described above. The Company will inform the Canada Employment and Immigration Commission of any changes in the plan within thirty (30) days of the effective date of the change.
(5) The combined weekly payment received from the plan and the weekly rate of unemployment insurance benefits will not exceed, at any time, 95% of the employee's weekly earnings.
(6) On termination of the plan, all remaining assets revert to the employer or be used for payments under the plan or for administrative costs of the plan.
(7) Payments in respect of guaranteed remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan.
(a) The last employee laid off shall be the first to be recalled. When an employee is recalled from lay-off to a department, he will have no recall rights to his former department. However, such employee shall have the right to request a transfer to his former department. Such request shall be granted if a vacancy occurs within one (1) year from the date of the employee's return to work and provided the employee has accumulated ninety (90) calendar days seniority in his former department. Employees transferred to their former department shall have further recall rights in accordance with Clause 6.04(3). Requests for such transfer must be made to his foreman within twenty (20) working days of the employee's return from lay-off.
(b) When an employee is recalled from lay-off, he shall report within five (5) working days of notification of recall by the Company. The five (5) working day period shall exclude Saturdays, Sundays and holidays. Notification of recall shall be made by telephone. If the Company is unable to contact the employee by telephone, written notification shall be sent to his last known address by registered mail.
(c) Failure to respond to recall within five (5) working days of notification by telephone or dispatch of written notification shall result in forfeiture of the employee's right to further recall and he shall be presumed to have terminated his employment with the Company. However, if an employee upon receipt of notification of recall as defined in Clause 5.05(b) informs the Company of his desire to return but has a reasonable excuse for being unable to do so within the time limits, the Company will:
(1) Grant the employee an extension of a further five (5) working days. OR (2) Permit the employee to forego the recall notification and become subject to a second and final recall. The employee's seniority will place him at the top of the next subsequent recall should one occur within the employee's recall period. The Union shall be informed of any decisions which result from the provisions of Clause 5.05(c).
5.06 Seniority Lists
The Company shall post seniority lists in all departments. These lists shall show the plant seniority of the employees within the department concerned and the master seniority for the bargaining unit. The Union shall be supplied with six (6) copies of these seniority lists. All seniority lists shall be revised on a quarterly basis. Should a reduction of forces cause demotions in a department, the Company will post a list showing the classification of each employee in the department and note the classification to which he has recall.
5.07 Rehiring
(a) Employees terminated because of lay-off in excess of twenty-four (24) months (thirty-six (36) months in the case of an employee with twenty (20) or more years of seniority at the time of lay-off) shall be given consideration for rehiring for a further period of six (6) months from the date of termination. The employees concerned shall advise the Company in writing that they wish to take advantage of this provision. Such written notification must be received by the Company within thirty (30) working days of the date of termination.
(b) Notwithstanding the provisions of Clause 5.02(e) for the purposes of Section V and VI, employees rehired under this clause shall be given full credit for their seniority accumulated at the time of termination.
(c) No temporary employees will be hired while any bargaining unit employees (regular) are on lay-off and subject to recall rights.
5.08 Leave of Absence
(a) For the purposes of this Agreement approved absence shall include any lay-off not exceeding twenty-four (24) months thirty-six (36) months in the case of an employee with twenty (20) or more years of seniority at the time of lay-off) (subject to the provisions of Clause 5.05, Recalls); suspension for disciplinary reasons; bona fide personal illness not exceeding twelve (12) months; unavoidable absence for reasons beyond the control of the employee, when promptly reported in writing and accepted by the Company; absence for any reason not exceeding twelve (12) months provided written approval of the Company has been obtained.
(b) Employees who are unable to work because of a disability and are receiving an L.T.D., W.S.I.B. or A.P.P. Pension for that disability, will continue to maintain and accumulate plant seniority. This clause refers solely to the maintenance of seniority while disabled and is not intended to modify or extend the salary benefits that are set out in other sections of this Agreement.
(c) For the purpose of Section V and VI of this Agreement an employee with at least five (5) years seniority shall maintain and accumulate seniority for a further period of one (1) year in the event of absence due to bona fide personal illness.
(d) Employees elected or appointed by the Union to attend Union conventions or conferences shall be granted approved absence for that purpose. Such approved absence shall be granted to not more than five (5) employees in different classifications at any one (1) time for a maximum period of ten (10) working days each.
(e) Approved absence shall be granted to one (1) employee for not more than two (2) years so that the employee may work in an official capacity for the Local or International Union. Similarly, approved absence may be granted to a second employee for the same purpose. The employees concerned must request approved absence in writing and provide written confirmation of their appointments. Extension of such approved absence for a further period of one (1) year may be granted upon written request.
(f) Approved absence for any reason may be extended beyond two (2) years by the Company under special circumstances.
(g) Approved absence shall be granted to an employee who is campaigning for election to, or who has been elected to the Provincial or Federal legislature to serve his first term of office provided that the employee has at least one (1) year of service with the Company. In the event the employee makes a request for a leave of absence for a second or subsequent term of office, the Company, in its discretion will make the determination as to whether or not an approved absence will be granted.
SECTION VI - PROGRESSION, POSTINGS, PROMOTIONS AND TRANSFERS
6.01 Lines of Progression
(a) In each department concerned, the Company shall post lines of progression.
(b) The Company shall advise the Union Committee and discuss any objections the Committee might express before any change is made in a line of progression. The Company also agrees to advise the Union Committee and discuss any objections before any employees are transferring or reclassified as a result of a change in a line of progression.
(c) Changes in a line of progression shall not be made in an unjust or discriminatory manner.
(d) Further to Clause 6.01(b) and (c) above, an employee transferred or reclassified as a result of the Company changing a line of progression shall have the right to process a grievance concerning the justness and fairness of his transfer or reclassification. Such grievance shall be entered in writing at Step 2 of the Grievance Procedure. Should a satisfactory settlement not be reached such grievance may then become the subject of an arbitration case.
(e) Employees may be transferred out of a line of progression if they are unable or unwilling to accept temporary or permanent promotion throughout that line of progression subject to Clause 6.03(a). However exceptions may be given under special circumstances. In order to avoid such transfer an employee may however withdraw any letter declining promotion within his line of progression. However the most senior 75% of the employees in a job classification in a line of progression who were employed therein on 17 May 1983 and who prior to that date had declared their intention to decline any promotion within that line of progression shall be exempt from such transfer.
6.02 Job Postings
(a) (1) Vacancies for jobs within the bargaining unit, other than those specified in Clause 6.02(b), shall be posted on department and/or plant bulletin boards. Each posting shall give all pertinent information about the vacancy concerned. It shall remain in effect for fourteen (14) calendar days after the first Tuesday it appears on the bulletin boards, during which time the vacancy may be filled temporarily without regard to the seniority provisions of this contract.
(2) In the event the senior eligible employee of the department applies and is accepted, the job may be filled without waiting until the expiration of the posting.
(b) The Company shall not be required to post any jobs in a line of progression in an operation where the entry progression classification is on a three (3) or four (4) shift basis, or jobs expected to last thirty (30) working days or less. A series of employees shall not be transferred through jobs for periods lasting only thirty (30) working days or less to circumvent the posting procedures outlined below.
(c) In filling vacancies in posted jobs, the Company shall first consider and give preference to candidates from within the department concerned. If there is no qualified candidate within the department, the Company shall consider applications received from employees elsewhere in the plant. In either case, preference shall be given to the qualified employee with the greatest plant seniority.
Employees wishing to make application for a vacancy shall complete two (2) copies of a form supplied by the Company. These forms may be obtained from the employee's own Foreman. One (1) copy of the completed form shall be handed in to the Company and the other, receipted by the person designated in the notice, shall be retained by the employee.
The Company agrees to advise the Union President and each applicant the name of the successful applicant for each posted vacancy.
6.03 Promotions and Demotions
(a) In filling vacancies where a line of progression has been established, the Company shall consider all employees in the level immediately below that in which the vacancy has occurred. Preference will be given to the qualified employee with the greatest plant seniority who is willing to perform the job concerned except where the skills, competence, efficiency of any other employee concerned are evidently greater.
(b) (1) Notwithstanding the provisions of Clause 6.03(a) should employees within a department and where a line of progression exists be demoted as a result of a reduction in forces, it shall be accomplished by demoting the employee with the least plant seniority out of the classification in which the reduction takes place, into the classification immediately below. These employees shall have recall rights when a temporary or permanent opening occurs within a period of one (1) year from the date of demotion whether it is to the level to which the recall is effective or to a level lower than their former level.
(2) If an employee who is not in a line of progression is demoted as a result of a reduction of forces, but remains in the department where the demotion took place, he shall have recall rights to his former job, if it becomes temporarily or permanently vacant within a period of one (1) year from the date of demotion.
(c) If an employee believes that he has not received due consideration for a vacancy, he may submit his case to the Company for consideration through the Grievance Procedure outlined in Section XV of this Agreement.
(d) An employee who accepts a posted permanent job or who is transferred to another department at his own request shall retain no recall rights to any former department.
6.04 Departmental Transfers and Recalls
(1) A reduction of forces within the department shall be accomplished by transferring employees in their inverse order of plant seniority within the department. Whenever employees are to be transferred as a result of a reduction in forces, the employee concerned and the Union President will be notified individually as soon as possible.
(2) (a) An employee transferred out of a department shall retain recall rights to that particular department for a period of one (1) year provided he has at least ninety (90) calendar days seniority in that particular department prior to the transfer. At the time of recall, an employee may either accept the recall or forego his recall rights. At all times such employees will retain and accumulate their plant seniority. During the first sixty (60) calendar days they may not exercise their plant seniority in their new department for promotions in a line of progression. However if an employee foregoes his rights for recall to his old department he shall have the right to be promoted in the new department.
(b) If a reduction in forces should occur in the new department to which he has been transferred during the first sixty (60) calendar days such employee cannot exercise his plant seniority for placement in the new department if 10% or ten (10) of the employees whichever is the lesser in that department, would otherwise be transferred, but may exercise his plant seniority for placement in the new department after the initial attempt at relocation, if he is unable to be located in other departments. However if an employee foregoes his rights for recall to his old department, he shall have the right to exercise his plant seniority in his new department.
(3) When employees who are in a line of progression are transferred out of their department and are later recalled to their department in accordance with Clause 6.04(2) those employees with recall rights to the highest level in the line of progression may exercise their recall rights when a temporary or permanent opening occurs within a period of one (1) year from the date of demotion whether it is to the level to which the recall is effective or to a level lower than their former level.
(4) If any employee who is not in a line of progression is transferred out and is later recalled to that department in accordance with Clause 6.04(2), he shall have preference to his former job should it become temporarily or permanently vacant within a year of his transfer.
6.05 Temporary Substitution - Temporary
Absences
If an employee substitutes for another employee on approved absence or vacation, the following shall apply:
(1) Where a unit employs a "B" Operator, such "B" Operator shall normally substitute for the "A" Operator. In all such instances the employees in the classification immediately below shall move up in sequence according to the lines of progression.6.06 Temporary Promotions or Transfers
(2) Where a unit does not employ a "B" Operator, the seniority provisions of this Agreement shall be applied on a shift basis only. Skills gained by such temporary transfers shall not be a factor in making a permanent appointment.
(3) When a vacancy is created through an authorized absence in a department where there are no "units", the seniority provisions of this Agreement shall be applied on a shift basis only.
(a) A temporary promotion or transfer shall not exceed thirty (30) working days.
(b) Notwithstanding Clause 6.06(a), subject to mutual agreement, employees accepting posted or unposted temporary jobs of known duration exceeding thirty (30) working days and employees performing duties elsewhere at the request of the Company shall retain recall rights to their previous department and job.
(c) Employees scheduled on a two (2), three (3) or four (4) shift basis who are temporarily transferred by the Company to straight day positions shall be assigned to 8 a.m. - 4 p.m. hours, or receive overtime pay for the one-half hour worked from 4 p.m. to 4:30 p.m., as determined by the Company, for a maximum period of two (2) calendar weeks.
6.07 Temporary Assignments Outside of
Bargaining Unit
(a) Employees from the bargaining unit assigned by the Company to Temporary Foreman positions shall not have access to personal files of employees other than attendance, safety and training records.
(b) The assignment of employees from the bargaining unit by the Company to temporary staff positions other than Temporary Foreman positions, shall not exceed one-hundred and twenty (120) consecutive calendar days, unless mutually agreed to by the Company and the Union.
(c) The Company will advise the Union on a quarterly basis of the names of those employees who have accepted such temporary assignments.
SECTION VII - VACATIONS AND PAID HOLIDAYS
7.01
All vacations must be taken at a time satisfactory to the Company but employees shall have the opportunity, so far as the scheduling of work permits, to choose their vacation times, and preference shall be considered in the order of plant seniority in the department. An employee, whose vacation is split, may use his seniority as a basis of preference for only one (1) continuous period.
Vacation schedules shall be posted by May 1st in each department and shall be maintained so far as the scheduling of work permits. Under special circumstances employees may change their vacation choice with the approval of their Foreman. Any vacation entitlement that an employee has failed to schedule by January 1 of the holiday year, will be scheduled by the department concerned.
7.02 Vacations must be taken during the period between the date on which the employee became eligible for the vacation (May 1st) and the immediately following April 30th. However, under special circumstances and with written approval of the Personnel Manager, the Company may give consideration to rescheduling a maximum of two (2) weeks vacation entitlement beyond April 30th. 7.03 Vacation Pay for Terminated Employees All employees whose services are terminated will receive vacation pay for those holidays for which they are then eligible. For the period between the previous May 1st and the date of termination the employees will receive pay in lieu of vacation in accordance with the following table: Less than 3 years service as of date of termination - 4% of earnings Three to 9 years service as of date of termination - 6% of earnings Ten years to 19 years service as of date of termination - 8% of earnings Twenty years to 24 years service as of date of termination - 10% of earnings Twenty-five or more years of service as of date of termination - 12% of earnings 7.04 (a) Employees hired within the period May 1st to July 15th shall become entitled on May 1st next to a vacation with pay of two (2) weeks. Employees hired after July 15th shall become entitled on May 1st next to a vacation with pay in accordance with the following table: Vacation accrued on Hired By 1st May next 15th August 9 working days 15th September 8 working days 15th October 7 working days 15th November 6 working days 15th December 5 working days 15th January 4 working days 15th February 3 working days 15th March 2 working days 15th April 1 working day Thereafter on May 1st of the two (2) succeeding years the employee shall be entitled to an annual vacation with pay of two (2) weeks. (b) For continuous shift operations where a twelve (12) hour shift is in effect, employees hired within the period May 1st to July 15th shall become entitled on May 1st next to a vacation with pay of seven (7) shifts. Employees hired after July 15th shall become entitled on May 1st next to a vacation with pay in accordance with the following table: Vacation accrued on Hired by 1st May next 15th August 6 shifts 15th September 5 shifts 15th October 5 shifts 15th November 4 shifts 15th December 3 shifts 15th January 3 shifts 15th February 2 shifts 15th March 1 shift 15th April 1 shift Thereafter on May 1st of the two (2) succeeding years, the employee shall be entitled to an annual vacation with pay of seven (7) shifts. 7.05 (a) On May 1st employees who have: Completed 3 years of continuous service will be entitled to 3 weeks vacation; Completed 10 years of continuous service will be entitled to 4 weeks vacation; Completed 20 years of continuous service will be entitled to 5 weeks vacation; Completed 25 years of continuous service will be entitled to 6 weeks vacation. In the year an employee completes his 3rd, 10th, 20th or 25th year of continuous service he will be eligible for his 3rd, 4th, 5th or 6th week of vacation on the date of such completion. An employee will be entitled to an additional four (4) weeks vacation or pay in lieu of on May 1st immediately preceding his normal retirement or upon early retirement at age sixty-two (62) or after. (b) For continuous shift operations where a twelve (12) hour shift is in effect on May 1st employees who have: Completed 3 years of continuous service will be entitled to 10 shifts vacation; Completed 10 years of continuous service will be entitled to 13 shifts vacation; Completed 20 years of continuous service will be entitled to 17 shifts vacation; Completed 25 years of continuous service will be entitled to 20 shifts vacation. In the year an employee completes his 3rd, 10th, 20th or 25th year of continuous service he will be eligible for his extra shifts of vacation on the date of such completion. An employee will be entitled to an additional thirteen (13) shifts vacation or pay in lieu thereof on May 1st immediately preceding his normal retirement or upon early retirement at age sixty-two (62) or after. 7.06 A week's vacation pay will be the employee's classified weekly salary at the time the vacation is taken except that an employee who has been up-graded to a higher paid job for forty-five (45) consecutive calendar days immediately prior to his vacation shall receive the higher salary as his vacation pay. In addition the employee will receive a vacation bonus of 15% of his vacation pay. However, the vacation pay of those who have been on lay-off or leave of absence during the previous vacation year will be calculated in accordance with the provisions of Clause 7.07. 7.07 Vacation Pay of Employees who have returned from Lay-off (a) An employee returning from lay-off or leave of absence after February 15th, who has vacation untaken, will receive vacation pay plus 15% vacation bonus in lieu of vacation, unless it is convenient for his department to schedule his vacation before the end of the vacation year. Employees who were laid off or have been granted leave of absence shall have their vacation pay for the following vacation year computed as follows: Service as of April 30th following the return from Lay-off: Over 90 days and less than 3 years; 1 days pay per month worked, to a maximum of 10 days. More than 3 years and less than 10 years; 1-1/2 days pay per month worked, to a maximum of 15 days. More than 10 years and less than 20 years; 2 days pay per month worked, to a maximum of 20 days. More than 20 years and less than 25 years; 2-1/2 days per month worked, to a maximum of 25 days. More than 25 years; 3 days pay per month worked, to a maximum of 30 days. For continuous shift operations where a twelve (12) hour shift is in effect the following schedule applies: Over 90 days and less than 3 years; two-thirds of a shift's pay per month worked, to a maximum of 7 shifts. More than 3 years and less than 10 years; one shift's pay per month worked, to a maximum of 10 shifts. More than 10 years and less than 20 years; one and one-third shift's pay per month worked, to a maximum of 13 shifts. More than 20 years and less than 25 years; one and two-third shift's pay per month worked, to a maximum of 17 shifts More than 25 years; 2 shift's pay per month worked, to a maximum of 20 shifts. Employees vacation pay will be at their classified rate at the time the vacation is taken. (b) For the purpose of determining time worked: An employee who has been laid off after the 15th of the month will be considered as having worked that month. An employee who has returned to work from lay-off by the 15th of the month will be considered to have worked that month. 7.08 Paid Holidays - Definition (a) For the purpose of this section of the Agreement, a paid holiday shall be taken to mean a twenty-four (24) hour period commencing at 12:00 a.m. on the holiday concerned. For non-continuous shift operations should either party of this Agreement request any deviation from the hours or swap shifts, the request shall be discussed. Any swap shift that might be established would be worked at regular rates and such swap shifts will in no way represent any qualification for overtime or premium rates. (b) For continuous shift operations where a twelve (12) hour shift is in effect, a paid holiday shall be taken to mean a twenty-four (24) hour period commencing at 8:00 a.m. on the holiday concerned. 7.09 Paid Holidays (a) The following days shall be observed as paid holidays and for non-continuous shift operations no employee shall be required to work on these days except in case of a breakdown of plant or machinery or an emergency necessitating the carrying out of urgent repairs or for continuous essential service or to meet other urgent situations: New Year's Day Heritage Day (3rd Monday in February) Good Friday Victoria Day Canada Day Kingston Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day For continuous shift operations, employees shall receive holiday pay for the above holidays. With the exception of Christmas, Boxing Day and New Year's Day, employees will be regularly scheduled to work on paid holidays. (b) Christmas Shutdown Normal operations of the plant will be discontinued between Christmas and New Years with the following days being observed as additional paid holidays: 1998 - December 29, 30 and 31 1999 - December 28, 29 and 30 2000 - December 27, 28 and 29 2001 - December 27, 28 and 31 2002 - December 27, 30 and 31 7.10 Paid Holiday Allowance Employees shall be paid for eight (8) hours at the salary for the job classification they hold on the last day worked previous to the holiday. Employees on an extra day off (EDO) or a regular day off when a paid holiday occurs shall be paid a paid holiday allowance of eight (8) times his classified rate. For non-continuous shift operations only, if the holiday falls on a day when the plant does not normally work, the Company will declare a holiday upon the day preceding or following the normal holiday, and the employees will be paid for such holiday on the above basis. 7.11 Employees on Vacation (a) For non-continuous shift operations, an employee on vacation when a paid holiday occurs may receive the paid holiday allowance in addition to his vacation pay. Unless the employee makes prior arrangements to take the day immediately prior to or following his vacation period in lieu of the paid holiday, he will receive his paid holiday allowance only. However, if the Foreman is unable to grant the employee either the day immediately prior to or following the employee's vacation period, he can arrange with his Foreman to take a day off at some later date at which time he will receive his paid holiday allowance. (b) For continuous shift operations, an employee on vacation when a paid holiday occurs will only receive the paid holiday allowance in addition to his vacation pay. 7.12 Work Performed on Paid Holidays In addition to the paid holiday allowance provided for in Clause 7.10, an employee who is required to work on a paid holiday shall be paid at the rate of double time for the time worked. SECTION VIII - TERMINATION OF EMPLOYMENT 8.01 This section of the Agreement shall not limit the Company's right to lay-off or discharge employees under the terms of Section III, Clause 3.01. 8.02 On the first day of the month after reaching retirement age every employee shall automatically cease to be employed. 8.03 (a) If an employee repeatedly fails to report for duty, his employment may be terminated but not until he has been given and failed to observe a preliminary warning, and a written final warning. Such termination shall be effective on the date a written notice of his termination is handed to the employee or a registered letter mailed to him at his last recorded address. (b) The Company will not act on the basis of such written final warning when a period of twenty-four (24) months has elapsed from the date the final warning was written. Such a written final warning will continue to form part of the employee's disciplinary record. 8.04 Notwithstanding the provisions of Clause 8.03 above, if an employee is absent and unaccounted for, for a period of five (5) consecutive working days, his employment may be automatically terminated at the end of the fifth working day. His absence shall be considered as a voluntary separation or a "Quit Without Notice" and shall be recorded as such in his service record. 8.05 When an employee has been absent for twenty-four (24) months (thirty-six (36) months in the case of an employee with twenty (20) or more years of seniority at the time of lay-off) following a lay-off or for one (1) year following any other approved absence, and his leave has not been extended by written permission, his employment shall be terminated. When approved absence has been granted for a specific period shorter than two (2) years, termination will take place at the end of that period unless the leave of absence is extended in writing. Nevertheless, absence for such further period due to reasons beyond the control of the employee shall be dealt with as specified in Clause 5.02(e) of this Agreement. SECTION IX - WORKING CONDITIONS 9.01 Work Week For non-continuous shift operations only, the normal work week for each employee shall be five (5) consecutive days of eight (8) hours per day within the period of 12:00 midnight Sunday to 12:00 midnight Friday. For continuous shift operations where a twelve (12) hour shift is in effect, the work week shall start on Sunday at 8:00 a.m. 9.02 Work on Sunday For non-continuous shift operations only, all Sunday work, except for emergency reasons or occupations where continuous preparatory or clean-up attention is necessary, will be considered voluntary, it being understood that Company policy is to eliminate Sunday work. If an employee commits himself to Sunday overtime to meet production commitments, Sunday will no longer be considered as voluntary for the employee concerned. 9.03 Lunch and Rest Periods (a) Lunch periods shall be allowed as follows: day workers - 30 minutes without pay shift workers - 30 minutes with pay A rest period of ten (10) minutes will be allowed in each half of the shift for both day workers and shift workers. For continuous shift operations where a twelve (12) hour shift is in effect, each employee shall have two 30 minute lunch periods with pay. Each employee shall also have three 10 minute rest periods with pay. (b) Lunch and rest periods will be arranged at the discretion of the Foreman. Where the nature of the operation allows for periodic breaks during operations, no definite rest periods need be specified. 9.04 Hours of Work The standard starting and stopping times of shift workers shall be: 12:00 midnight to 8:00 a.m. 8:00 a.m. to 4:00 p.m. 4:00 p.m. to 12 midnight For continuous shift operations where a twelve (12) hour shift is in effect, the standard starting and stopping times of twelve (12) hour shifts shall be: 8:00 a.m. to 8:00 p.m. 8:00 p.m. to 8:00 a.m. 9.05 Continuous Operations The Company may substitute a continuous shift schedule in any department to provide seven (7) day coverage. The Company will advise the Union twenty-one (21) calendar days in advance of the implementation or termination of a continuous operation in a department or parts thereof. Prior to the implementation of a continuous operation the Company will put forward and discuss with the Union possible alternative continuous operation schedules. All employees placed on a continuous shift shall decide by a 66-2/3% majority vote if they prefer a 12-hour shift over an 8-hour shift schedule and by a majority vote as between competing 8-hour shifts or as between competing 12-hour shift schedules. If the above procedures are inconclusive within the twenty-one (21) day period then one (1) of the aforementioned schedules of the Company's choice will be implemented. Any provisions of the Collective Agreement which would interfere with a seven (7) day continuous operation shall be deemed modified to so permit. The parties may discuss alternate continuous shift schedules. Alternate shift schedules shall not however involve any additional cost to the Company. SECTION X - SALARIES 10.01 Salaries (a) Salaries will be set forth in Appendix I. (b) For continuous shift operations, a premium of $1.00 per hour shall be paid for each hour worked on the continuous shift schedule, not inclusive of shift premiums. An employee's basic weekly salary will be forty (40) times his hourly rate as set forth in Appendix I. In the case of a continuous shift schedule that averages forty-two (42) hours a week, two (2) hours a week if worked will either be paid at time and one-half or accumulated and scheduled as an extra day off (EDO) in accordance with the continuous shift schedule. An employee assigned to work on a continuous shift schedule on a shift by shift basis shall be paid under the provisions of Clause 12.02(a). However, an employee assigned to work on a continuous shift schedule for two (2) or more weeks shall be paid in accordance with Clause 10.01(b) and Clause 12.02(a) shall not apply. 10.02 New Classifications (a) In the event of new classifications being introduced, or when the nature of an existing job changes due to new machines being installed, existing machines modified, or changes in the requirements of the operations, the Company shall meet with the Union Committee before the new classifications are put into effect. The salaries for these classifications shall be negotiated. (b) In the event of a change in salary on existing jobs, or when machines are modified to the extent that the rate of the job is changed, incumbent employees shall receive the higher salary for that job, from the start of the first pay period following the change in rate. 10.03 Permanent Promotions, Demotions and Transfers (a) When an employee is permanently promoted to a higher paid job, or permanently transferred to a higher paid job in another department, he shall receive the salary for that job from the start of the first pay period following the promotion. Not later than ninety (90) consecutive working days from the date of promotion or transfer his record shall be reviewed to determine whether or not he is to be retained in that classification. (b) When an employee is permanently demoted to a lower paid job, or permanently transferred to a lower paid job in another department, he shall receive the salary for that job from the start of the first pay period following the demotion. (c) When an employee with one (1) year or more of continuous service is demoted or transferred to a lower paid job from a classified job he has occupied for ninety (90) calendar days due to a reduction of forces, his rate will be maintained for a period of thirty-two (32) weeks; however, the rate will cease to be maintained if the employee refuses to accept recall to his former job or to a level lower than his former level, or temporary promotion or transfer to a job classification higher than he presently holds. Any employee on maintenance of rates will cease to have his rate maintained if he refuses to accept any temporary or permanent promotion in the new department to a job classification higher than he presently holds, or recall to his former department. (d) Any employee who is within five (5) years of normal retirement and is demoted for reasons other than cause shall retain the classification rate he was receiving at the time of demotion. In the event such an employee requests demotion or voluntarily posts to a lower paid job, the Company, in its discretion, will make the determination as to whether or not a maintenance of rate is assigned. 10.04 Temporary Transfers (a) When an employee is temporarily moved to a higher paid job, for a period for four (4) consecutive working hours or more, he shall receive the higher salary as long as he is assigned to that particular job. (b) When an employee is temporarily demoted to a lower paid job, or temporarily transferred to a lower paid job in another department his salary shall not be changed. (c) Employees will be paid at current salary for time during their working hours which they are required by the Company to spend on lectures and conferences. (d) When an employee is temporarily moved to a higher paid job for training purposes he shall receive the higher salary as long as he is on the training assignment. This shall not apply where a training classification and rate has been established. Where there are simultaneous training assignments, the senior promotable employee as yet not trained, shall be given preference to the higher classified rate and training for that job. 10.05 Employees who are required to perform unduly dirty jobs outside a normal job classification shall receive a premium of 10% over their normal hourly rates for the actual time spent on the said job. SECTION XI - SHIFT PREMIUM 11.01 (a) A premium of 50¢ per hour over the classified rate set out in Appendix I shall be paid to employees who work during the period 4 p.m. to 8 a.m. Commencing 18 May 1999, a premium of 55¢ per hour over the classified rate set out in Appendix I shall be paid to employees who work during the period 4 p.m. to 8 a.m. Commencing 18 May 2001, a premium of 60¢ per hour over the classified rate set out in Appendix I shall be paid to employees who work during the period 4 p.m. to 8 a.m. (b) A premium of 50¢ per hour shall be paid to day workers who work during the period 4:30 p.m. to 8:00 a.m. Commencing 18 May 1999, a premium of 55¢ per hour shall be paid to day workers who work during the period 4:30 p.m. to 8:00 a.m. Commencing 18 May 2001, a premium of 60¢ per hour shall be paid to day workers who work during the period 4:30 p.m. to 8:00 a.m. SECTION XII - OVERTIME 12.01 General The Company undertakes to keep overtime work at a minimum. Both parties to this Agreement recognize, however, that some overtime work may be necessary to maintain essential services, to take care of emergencies and to meet production commitments. The Company and the Union shall meet to discuss guidelines of overtime in each department. The overtime assignment practice as it applies to each department shall be posted in that department. The general principles of overtime distribution are set forth in Appendix V. 12.02 Overtime Rates (a) Time and one-half shall be paid for all hours worked in excess of eight (8) per day and for the first eight (8) hours worked during the period 12:00 midnight Friday to 12:00 midnight Sunday. Double time shall be paid for all hours worked in excess of eight (8) between the hours of 12:00 midnight Friday and 12:00 midnight Sunday. (b) Double time shall be paid for all hours worked during the designated Christmas shutdown. (c) For continuous shift operations where a twelve (12) hour shift is in effect: Time and one-half shall be paid for all hours worked in excess of twelve (12) on a regular shift. Time and one-half shall be paid for the first twelve (12) hours worked on a day of rest. Time and one-half shall be paid for all hours worked on an extra day off (EDO). Double time shall be paid for: (1) all hours worked in excess of twelve (12) hours on the first day of rest; (2) all hours worked in excess of twelve (12) hours on the second day of rest; (3) all hours worked in excess of twelve (12) hours on the third day of rest; (4) all hours worked on the second day of rest provided that the first day of rest has been worked. (5) all hours worked on the third day of rest provided that the second day of rest has been worked. (d) For continuous shift operations, under no circumstances shall there be pyramiding of premiums. 12.03 Irregular Shift Changes (a) An employee shall be paid time and one-half for the first assigned shift worked under the following circumstances: (1) if after leaving the plant at the end of his regular work week, he is requested to change his shift for the coming week; (2) if he is requested to change his shift after the beginning of his scheduled work week; (3) if he returns to his regular shift after the beginning of his scheduled work week; (4) if he misses the first shift of his regular work schedule as a result of the irregular shift change. (5) An employee offered overtime on his regular shift on Sunday shall not be entitled to an irregular shift change premium on the following Monday. (b) For continuous shift operations where a twelve (12) hour shift is in effect, whenever an employee's regular work schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and stopping times, he shall be paid at the rate of time and one-half for work performed during his first assigned shift worked following such change. Such payment shall not however apply if the employee is off work twenty-four (24) hours prior to such change. 12.04 When an employee reports for his regular shift and is required to change his shift that same day, he will receive pay for that regular shift at regular rates and will not be required to work the balance of that shift. 12.05 Mutual Shift Exchanges Employees may exchange shifts by mutual consent provided they obtain the permission of their foremen. Hours worked as a result of an exchange of shifts shall not be paid at overtime rates. 12.06 An employee required to work five (5) hours or more of overtime in the eight (8) hour period preceding his regular shift shall not be required to work his regular shift. However, if an employee works his regular shift, he shall in addition to his regular salary, receive pay at overtime rates for the hours worked. 12.07 Minimum Overtime Periods The purpose of the following clause is to assure that when employees return to the plant for periods of overtime they will receive certain minimum overtime compensation. (a) Should an employee return to the plant on a scheduled or planned basis, he will be guaranteed a minimum of at least four (4) hours work at the appropriate overtime rate. This section of the clause does not apply to overtime worked prior to or as an extension of an employee's regular shift. (b) Should an employee be called into the plant to meet an unplanned or emergency situation he shall not be paid less than four (4) hours at the appropriate overtime rate regardless of how long it might take to deal with the situation. 12.08 Transportation The Company shall provide transportation to and from the Plant for employees without private means of transportation, when such employees are called in after regular hours for such emergency work or to maintain essential services or asked to remain after their regular shift and no public transportation is available. This transportation will not be provided when an employee has received notice of the overtime sixteen (16) hours in advance of the overtime being worked. 12.09 Meal Allowance (a) Any employee who works two (2) hours or more before or after his regular shift shall be given a meal voucher for $6.00. Any employee working more than two (2) hours overtime shall be paid for his lunch period. If the overtime continues for four (4) hours beyond the original two (2) hour "qualifying" period for a meal voucher, a second meal voucher and lunch period shall be provided. (b) Any employee who is recalled to the plant who works two (2) hours or more shall be given a meal voucher and shall be paid for a thirty (30) minute lunch period and be given the same every four (4) hours worked thereafter. An employee recalled to the plant may, at the discretion of his Foreman, be allowed to leave the plant for up to thirty (30) minutes without loss of pay to procure a meal from a public restaurant. SECTION XIII - BULLETIN BOARDS 13.01 The Union shall be permitted to post notices on special bulletin boards provided by the Company and the Company will provide a designated area in each plant for the purpose of distributing Union literature. Union notices and literature shall be approved by the Works Manager or the Personnel Manager prior to being posted or distributed. SECTION XIV - UNION COMMITTEES 14.01 Negotiating Committee (a) The Company shall recognize a Negotiating Committee consisting of the President, Vice-President and no more than three (3) other employees. This committee may be accompanied by representatives of the United Steelworkers of America. (b) The function of the Negotiating Committee shall be to meet with the Company at the time specified in Section XIX of this Agreement to negotiate the renewal or amendment of the Agreement. 14.02 Union Committee 1. The Union may elect and the Company shall recognize a committee of not more than five (5) employees of the Company, the functions of which shall be: (a) To provide a recognized and direct channel of communications between the Union and the Company on matters directly affecting their joint or several interests. (b) To provide, when meeting with Company officials, a means for the joint consideration by the Company and the Union of the various problems which arise in the day-to-day activities of the employees represented by the Union. (c) The examination of grievances, either individual or general, that may be brought to the notice of the committee in accordance with the Grievance Procedure outlined in Section XV. (d) The consideration of any matters referred to it by the Company. (e) To meet and negotiate with the Company matters arising from changes in plant conditions. (f) Should change of circumstances or law nullify any section of this Agreement the Union Committee shall meet with the Company without delay to negotiate the necessary changes to this Agreement. 2. The Union shall furnish the Company with a list of the names of the committee members, and shall notify the Company in writing of any change in the said list forthwith upon such change having been made. 3. The Committee shall meet with the Works Manager or his nominees at the request of either party but these meetings shall be subject to mutual consent. 4. At all meetings with the Management the Committee may be accompanied by representatives of the United Steelworkers of America. 14.03 Shop Stewards The Company shall recognize Shop Stewards who are selected by the Union and allow them reasonable time off to perform their Union duties provided they first obtain the permission of their Foreman. Such permission shall not be unreasonably withheld. 14.04 Activities of Union Representatives It is agreed by the Company that all 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 any way by any action taken by them in good faith while acting in a representative capacity. 14.05 Payment of Union Representatives (a) Union Representatives shall be paid at their current salary for time spent in meetings with representatives of Management during their working hours. (b) Approved absence with pay may be granted by the Company for Stewards and Officers of the Union to attend educational seminars. Requests for this leave shall be made by the Union President and approval of such leaves shall not be unreasonably withheld by the Company. The total of such leaves shall not exceed fifteen (15) working days per year. SECTION XV - GRIEVANCE PROCEDURE 15.01 Processing a Grievance (a) Step No. 1 If an employee has a complaint, it will first be taken up with his immediate Foreman. He may do this personally or he may be accompanied and represented by his Shop Steward (or Union Committeeman). The Foreman shall give his answer to the employee, Shop Steward or Union Committeeman within two (2) working days of receiving the grievance. A grievance must be presented to the employee's immediate Foreman within twenty (20) days of the occurrence of the matter giving rise to the alleged grievance. (b) Step No. 2 If the decision of the immediate Foreman is not satisfactory, the President of the Union, the aggrieved employee (or Union Committeeman) shall present the grievance in writing signed by the aggrieved employee to the General Foreman or Department Manager. This shall be done within five (5) days of the immediate Foreman's decision and, in any case, within not more than twenty-seven (27) days of the occurrence of the matter giving rise to the alleged grievance. The General Foreman or Department Manager shall meet with the President or his nominee, and a member of the Union Committee. He shall give his decision in writing to the aggrieved employee and the President or his nominee within five (5) days of the grievance being presented to him. (c) Step No. 3 Failing a satisfactory solution at Step No. 2, the grievance shall be submitted by the President or his nominee to the Works Manager not later than three (3) days following the answer at Step No. 2. The Works Manager or his nominee will meet with the Union Committee and will render his decision in writing to the aggrieved employee and the President or his nominee within seven (7) days of the grievance being submitted to him. 15.02 Arbitration (a) Failing a satisfactory settlement of a grievance in the above steps, and provided such grievance is related to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may notify the other in writing, within seven (7) days, of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an arbitration board. The recipient of the notice shall within five (5) days advise the other party of the name of its appointee to the Arbitration Board. The two (2) appointees so selected shall, within five (5) days of the appointment of the second of them, appoint a third person who shall be the chairman. If the recipient of the notice fails to appoint an Arbitrator, or if the two (2) appointees fail to agree upon a chairman within the time limit, the appointment shall be made by the Ontario Labour-Management Arbitration Commission upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it, but in no case shall the Board alter, modify or amend or supplement any part of this Agreement. The decision of the majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the chairman will govern. (b) The Union and the Company shall each pay the expenses of its representatives and the fees and expenses of the third member shall be paid equally by the Union and the Company. 15.03 Union Grievances (a) Grievances affecting a group of employees, an entire department or the plant as a whole, may be taken up by the Union at the first level of the grievance procedure competent to deal with the group, department or plant. Thereafter, if satisfactory solution is not reached, the matter may be processed through the remaining steps of the Grievance Procedure to Arbitration. (b) Group Grievances must be signed by at least four (4) employees. 15.04 Company Grievances (a) Any complaints originating with the Company, shall in the first instance be taken up by the Works Manager or his nominee with the Union Committee. (b) Failing a satisfactory solution within five (5) working days from the date on which the complaint is made, the matter shall be reduced to writing, and in cases involving violation or interpretation of the Agreement, it may be submitted to an Arbitration Board as provided in Clause 15.02(a), above. 15.05 Claims of Unjust Discharge (a) A claim by an employee that he has been unjustly discharged from his employment shall be treated as a grievance if a written statement of such grievance is lodged with the Works Manager or his nominee within five (5) working days after the employee ceases to work for the Company. An employee discharged shall have the right to interview his Union Committeeman or Steward at a place designated by the Company before he leaves the premises. The Company agrees to notify the Union, in writing, of any employee within the bargaining unit who is discharged. (b) Such special grievances may be settled by confirming Management's decision in dismissing the employee or by reinstating the employee with full, partial or no compensation for time lost as seems just and equitable in the opinion of the conferring parties or the Arbitration Board, as the case may be. 15.06 Time Intervals All time intervals quoted in this grievance procedure are exclusive of Saturdays, Sundays and paid holidays. Time intervals may be extended by mutual agreement of the parties in writing; however at any step in the Grievance Procedure, where the appropriate person does not give his answer within the specified time limits, and no extension has been arranged, then the other party may proceed to the next step of the Procedure. SECTION XVI - HEALTH & SAFETY AND WORKING ENVIRONMENT 16.01 Health & Safety (a) The Company recognizes its obligations to provide as safe and healthful a working environment for employees as it reasonably can and both parties to this Agreement agree to use their best efforts, jointly, to achieve that end. The Company agrees to provide the appropriate job training and education in Health and Safety for all employees. (b) The Company shall recognize a Joint Health & Safety Committee composed of equal numbers from both parties, to be selected by each party, to study the problem of safety in the plant. In addition to participating in safety tours, the Committee will meet once a month to discuss accidents and unsafe conditions and other safety related matters. (c) Those health and safety committee members designated by the Union shall have a right to accompany the Ministry of Labour Safety Inspector during workplace inspections and the Union shall be provided with a copy of the Inspector's report. In addition, such health and safety committee members, subject to notification of the supervisor on shift, shall have the right to enter the workplace at any time on matters of health and safety and shall have the right to be present and participate in any accident or incident investigation involving any company representative other than the immediate supervisor and the employee. (d) The Company shall make reasonable provisions for the safety and health of the employees during their hours of employment. Protective devices and other equipment deemed necessary to protect employees from injury shall be supplied by the Company and the employee shall be responsible for this equipment, except for normal wear and tear, until it is returned to the Company but this shall not include personal necessities. The Company will pay the cost of approved prescription safety glasses and safety footwear on behalf of all non-probationary bargaining unit employees, except students employed during vacation periods, who are on the active payroll of the Company. The cost of such footwear will be paid by the Company provided the prior approval of the employee's Foreman has been obtained with respect to the need for the purchase of such footwear, the type of footwear to be purchased and the cost of such purchase. Probationary employees will be required to purchase their own safety footwear of a type and cost approved by the Company in advance, and upon satisfactory completion of their probationary period, the Company will reimburse them for the cost of such purchase. (e) It is agreed that any employee shall have the right, without penalty, to refuse to perform a job on the grounds that he has reason to believe it is unsafe. The matter will be dealt with under the procedure provided in the applicable legislation in effect on May 18, 1998. It is further understood that it is not the intent of the Company to require employees to work where they are exposed to a hazardous operation unless they are within sight or sound of others. 16.02 Handicapped Employees (a) It is recognized by the Union and the Company that from time to time problems may arise regarding the placing of handicapped employees on jobs. Accordingly, it is agreed that where such situations arise, the Company and the Union will discuss and attempt to agree on positions for such employees. Where it is mutually agreed to place such employees on certain jobs, they may be given preference in such classifications. However, should a handicapped employee become physically fit again, he shall be removed from the preferred list. The lay-off provisions of this Agreement shall apply to handicapped employees. (b) Employees with at least one (1) year of service transferred to jobs in accordance with Clause 16.02(a) shall maintain their former classified rate for a period of fifty-two (52) weeks. At the expiration of this time period, such employees shall receive the rate of pay for the job that they are performing. (c) It is recognized that at times special placements are made and time is required for medical tests and assessment. It is agreed that while medical assessment continues, the employee will receive the rate for his former classified job. In the event that the special placement is confirmed the employee will receive the rate of pay for the job he is performing unless he has not received the fifty-two (52) weeks at his former classified rate as set out in Clause 16.02(b). (d) The Company and the Union shall meet on an annual basis to review the status of all employees placed in jobs in accordance with Clause 16.02(a). 16.03 Employee Assistance Program Without detracting from the existing rights and obligations of the parties recognized in the other provisions of the Agreement, the Company and the Union agree to cooperate in encouraging employees experiencing serious personal problems to participate in the Employee Assistance Program. This program shall provide personal counselling service to employees and members of their immediate families. All requests for assistance and records shall remain confidential. 16.04 Smoking Smoking will be permitted in designated areas in the plant. SECTION XVII - MEDICAL INSURANCE 17.01 The Company shall pay the full cost of the monthly premiums for the Mutual Life of Canada Semi-Private Hospital Accommodation, Schedule E1, Mutual Life of Canada Supplementary Health Care - Prescription Drugs (no deductible, no risk), Schedule E2(A), Mutual Life of Canada Supplementary Health Care - Other Health Services, Schedule E2(B), Mutual Life of Canada Family Vision Care, Schedule E4 and Out-of-Province Emergency Services While Travelling on Company Business, Schedule E6, for all regular participating employees. Mutual Life of Canada Semi-Private Hospital Accommodation, Mutual Life of Canada Supplementary Health Care will not be paid for employees on lay-off. Mutual Life Semi-Private Hospital Accommodation, Schedule E1, and Mutual Life of Canada Supplementary Health Care - Prescription Drugs, Schedule E2(A), Mutual Life of Canada Supplementary Health Care - Other Health Services, Schedule E2(B), will be paid by the Company for employees on disability benefit and for those electing to take early retirement at age sixty (60) years or after. The Company shall pay the full cost of the monthly premiums for the Mutual Life Basic Dental Plan, Schedules D1 and D2, and the Mutual Life of Canada Dental Plan for Dentures, Denture Repairs, Crowns and Bridges, Schedule D4, for all regular participating employees. This plan will not be paid for employees on lay-off, nor for employees on disability benefit, nor for those electing to take early retirement. Commencing 18 May 1999, the Dental Plan will be paid according to the 1998 O.D.A. schedule for all regular participating employees. Commencing 18 May 2001, the Dental Plan will be paid according to the 1999 O.D.A. schedule for all regular participating employees. SECTION XVIII - UNION SECURITY 18.01 As a condition of employment, all employees hired before and after the signing of this Agreement shall complete an Authorization of Check-Off form (Appendix II) and shall have deducted the amount of Union dues or its equivalent as a condition of continued employment. Such amount shall be the current constitutional Union dues or its equivalent as prescribed by the Constitutional authority of the United Steelworkers of America. 18.02 As long as an Authorization of Check-Off form is in effect, the Company shall deduct the amount of Union dues or equivalent from the salary of the employee concerned. The deduction shall be made from the first pay cheque of the subsequent month and monthly thereafter. 18.03 All Union dues or equivalent deducted under the terms of this Section of the Agreement shall be remitted by the Company to the person designated by the Financial Secretary of Local 343 to receive such dues on or before the last day of each calendar month. SECTION XIX - TERMINATION OF AGREEMENT 19.01 This Agreement shall remain in force until the 17th day of May 2003 and thereafter from year to year unless written notice of intent to terminate or amend the Agreement at the expiration of any yearly period is given by either party to the other party not more than ninety (90) calendar days and not less than sixty (60) calendar days prior to its date of expiry or automatic renewal. When such notice is given the parties shall meet within fifteen (15) calendar days of receipt of such notice to commence negotiations. 19.02 IN WITNESS WHEREOF the parties hereto, through their authorized representatives and the certified bargaining agents, have affixed their signatures hereunder on the ______day of _________________ 1998. ALCAN ALUMINIUM LIMITED UNITED STEELWORKERS OF AMERICA Kingston Works LOCAL UNION 343 APPENDIX I - SALARIES KINGSTON WORKS PRODUCTION Hourly Salary Effective 18 May 1998 Hourly Salary Effective 18 May 1999 Hourly Salary Effective 18 May 2000 Hourly Salary Effective 18 May 2001 Hourly Salary Effective 18 May 2002 84" Rolling Mill Operator "A"...... 20.891 21.291 21.791 22.341 23.041 84" Rolling Mill Operator "B"...... 20.021 20.421 20.891 21.441 22.111 Finishing Machine Operator "A"..... 19.731 20.131 20.591 21.141 21.801 Machine Operator "B"............... 19.151 19.551 19.991 20.541 21.181 C.A.L. Furnace Operator............ 19.151 19.551 19.991 20.541 21.181 Packer "A"......................... 18.861 19.261 19.691 20.241 20.871 Packer Co-ordinator................ 18.571 18.971 19.391 19.941 20.561 Shipper............................ 18.571 18.971 19.391 19.941 20.561 Senior Clerk....................... 18.281 18.681 19.091 19.641 20.251 Packer............................. 18.281 18.681 19.091 19.641 20.251 Stacker Crane Operator............. 17.991 18.391 18.791 19.341 19.941 Material Handler................... 17.991 18.391 18.791 19.341 19.941 Truck Operator..................... 17.411 17.811 18.191 18.741 19.321 Scrap Handler...................... 17.411 17.811 18.191 18.741 19.321 Machine Helper..................... 16.541 16.941 17.291 17.841 18.391 STORES/SERVICE Hourly Salary Effective 18 May 1998 Hourly Salary Effective 18 May 1999 Hourly Salary Effective 18 May 2000 Hourly Salary Effective 18 May 2001 Hourly Salary Effective 18 May 2002 Stores - Serviceman "A"............. 19.151 19.551 19.991 20.541 21.181 Interplant.......................... 18.281 18.681 19.091 19.641 20.251 NOTE: Regular employees shall be paid a minimum of labour grade 3 having completed their probationary period. HOURLY AND WEEKLY SALARY BY LABOUR GRADE LABOUR GRADE 18 MAY 1998 18 MAY 1999 18 MAY 2000 18 MAY 2001 18 MAY 2002 WEEKLY HOURLY WEEKLY HOURLY WEEKLY HOURLY WEEKLY HOURLY WEEKLY HOURLY 1 661.64 16.541 677.64 16.941 691.64 17.291 713.64 17.841 735.64 18.391 2 673.24 16.831 689.24 17.231 703.64 17.591 725.64 18.141 748.04 18.701 3 684.84 17.121 700.84 17.521 715.64 17.891 737.64 18.441 760.44 19.011 4 694.44 17.411 712.44 17.811 727.64 18.191 749.64 18.741 772.84 19.321 5 708.04 17.701 724.04 18.101 739.64 18.491 761.64 19.041 785.24 19.631 6 719.64 17.991 735.64 18.391 751.64 18.791 773.64 19.341 797.64 19.941 7 731.24 18.281 747.24 18.681 763.64 19.091 785.64 19.641 810.04 20.251 8 742.84 18.571 758.84 18.971 775.64 19.391 797.64 19.941 822.44 20.561 9 754.44 18.861 770.44 19.261 787.64 19.691 809.64 20.241 834.84 20.871 10 766.04 19.151 782.04 19.551 799.64 19.991 821.64 20.541 847.24 21.181 11 777.64 19.441 793.64 19.841 811.64 20.291 833.64 20.841 859.64 21.491 12 789.24 19.731 805.24 20.131 823.64 20.591 845.64 21.141 872.04 21.801 13 800.84 20.021 816.84 20.421 835.64 20.891 857.64 21.441 844.44 21.111 14 812.44 20.311 828.44 20.711 847.64 21.191 869.64 21.741 896.84 22.421 15 824.04 20.601 840.04 21.001 859.64 21.491 881.64 22.041 909.24 22.731 16 835.64 20.891 851.64 21.291 871.64 21.791 893.64 22.341 921.64 23.041 APPENDIX II U.S.W. AUTHORIZATION OF CHECK-OFF TO: Alcan Rolled Products Company I, the undersigned Permanent No............... .......................................................................................... Surname Christian Names Address................................................................................... hereby request and authorize Alcan Rolled Products Company to deduct the amount of the current Union dues per month as prescribed by the Constitutional authority of the Union from my salary and to remit dues per month to the United Steelworkers of America, Local Union 343; such deductions to commence with the month of ........................19......, and to be made from my salary for the first pay period commencing within that month and each month thereafter while this authorization remains in force during the term and in accordance with the provisions of the Collective Agreement signed on the ......... day of ................... 19....., and any renewal thereof. The Company shall be kept advised of any change re the Union Dues. Witness..................... Signed............................. Date at Kingston, Ontario........................... COPIES: White - ALCAN PAYROLL DEPARTMENT Blue - UNITED STEELWORKERS OF AMERICA Local Union 343 Pink - EMPLOYEE APPENDIX III All Kingston Works employees within the bargaining units are on a Salary Payroll. The employee's basic salary will be forty (40) times his hourly rate. All other conditions and adjustments will be consistent with the terms of the contract. When an employee is absent from work due to personal sickness, accident or other justifiable reasons he will continue to receive his salary in accordance with the following schedule: Service over 90 days and up to 2 years - four weeks Service over 2 years and up to 5 years - thirteen weeks Service over 5 years and up to 10 years - twenty-six weeks Service over 10 years - fifty-two weeks In addition to the benefits shown above, those employees with service over ninety (90) days and up to two (2) years will continue to receive benefits of 66-2/3% of their insurable earnings for a further eleven (11) weeks. Those with service over two (2) years and up to five (5) years will receive these additional benefits for a further two (2) weeks. In the event of compensation cases, an employee who has ninety (90) days service or more prior to his disablement, will receive his salary so long as he is entitled to compensation in lieu of wages. The employee's position as a Union member will be unaltered. The required time will be allowed for funerals and to serve on jury duty without loss of the employee's basic salary. Salaries will also continue during the Christmas shutdown, when normal operations of the plant will be discontinued between Christmas and New Year's. Salary will not continue for any absence from work due to any labour dispute. APPENDIX IV Cost-of-Living Allowance 1. Effective 18 May 2001, and for the remaining term of this Collective Agreement each employee shall participate in a triggered and capped cost-of-living allowance plan (COLA). 2. The COLA shall be based on the Consumer Price Index for Canada (all items - base 1981 = 100) published by Statistics Canada (hereinafter referred to as CPI). 3. The COLA shall be equal to one cent (1¢) for each 0.30 point rise in the CPI as hereinafter determined, adjusted downward to the nearest tenth of one cent (0.1¢). 4. The COLA shall be based on the basic forty (40) hour weekly salary and in accord with the salary schedule as set out in Appendix III, including periods of vacation and paid holidays, and shall not be used in the calculation of overtime rates and vacation bonus, or in the calculation of any pay allowance or benefit provided for in this Collective Agreement. 5. In the fourth (4th) year of this Agreement, COLA will be triggered when the increase in the CPI has exceeded five percent (5%) above the January 2001 CPI reported by Statistics Canada (all items - base 1981 = 100). The allowance will equal the amount by which the calculation exceeds the aforementioned trigger, calculated quarterly with a maximum payment of forty cents (40¢) per hour. (a) The COLA calculation for the period from 18 May 2001 to 17 August 2001 will be based on the difference between the CPI for January 2001 and the CPI for April 2001. (b) The COLA calculation for the period from 18 August 2001 to 17 November 2001 will be based on the difference between the CPI for January 2001 and the CPI for July 2001. (c) The COLA calculation for the period from 18 November 2001 to 17 February 2002 will be based on the difference between the CPI for January 2001 and the CPI for October 2001. (d) The COLA calculation for the period from 18 February 2002 to 17 May 2002 will be based on the difference between the CPI for January 2001 and the CPI for January 2002. 6. In the final year of this Agreement, COLA will be triggered when the increase in the CPI has exceeded five percent (5%) above the January 2002 reported by Statistics Canada (all items - base 1981 = 100). The allowance will equal the amount by which the calculation exceeds the aforementioned trigger, calculated quarterly with a maximum payment of forty cents (40¢) per hour. (a) The COLA calculation for the period from 18 May 2002 to 17 August 2002 will be based on the difference between the CPI for January 2002 and the CPI for April 2002. (b) The COLA calculation for the period from 18 August 2002 to 17 November 2001 will be based on the difference between the CPI for January 2002 and the CPI for July 2002. (c) The COLA calculation for the period from 18 November 2002 to 17 February 2003 will be based on the difference between the CPI for January 2002 and the CPI for October 2002. (d) The COLA calculation for the period from 18 February 2003 to 17 May 2003 will be based on the difference between the CPI for January 2002 and the CPI for January 2003. 7. Payment of any COLA will commence or be retroactive to the beginning of the three (3) months period following the period for which the calculation was made. 8. In the event that Statistics Canada does not issue the CPI on or before the beginning of periods referred to in Clause 5 and 6, any pay adjustments required shall be made at the beginning of the first pay period after publication of the CPI, and shall be retroactive to the commencement of the appropriate period. In the event that a retroactive adjustment is made by Statistics Canada to the CPI, it is agreed that the COLA already paid to employees will not be adjusted retroactively. 9. The parties to this Agreement agree that the continuance of the cost-of-living allowance will depend upon the availability of the monthly Statistics Canada CPI in its present form and calculated on the same basis as the index for May 1998. If Statistics Canada changes the form or basis of calculating the CPI the parties shall attempt to determine an appropriate index figure by agreement. If agreement is not reached, the parties agree to request Statistics Canada to make available for the life of this Agreement, a monthly CPI in its present form calculated on the same basis as the index for May 1998. APPENDIX V OVERTIME ASSIGNMENT Concerning overtime assignment, this will confirm that the Company intends to continue the same practice as has been the case over many years. Generally, the practice is one of offering the weekend overtime to the employee who has performed the job through the week. Should the regular operator be absent when the overtime is offered, the employee performing the relief will be assigned the overtime. Exceptions to this do occur when an employee's absence is of a known duration. ie. away from work on Wednesday or Thursday when the overtime is offered but to be back on Friday and has stated to his Foreman that he wishes to work the weekend. An employee's absence on Friday will have the effect of cancelling any pre-arranged weekend overtime. The only exception to this will occur when the Friday absence has been pre-arranged and it is clearly understood between the Foreman and the employee that the employee will be available and will work the weekend overtime. Regarding overtime and vacations, employees who are scheduled for a weeks vacation or more will be allowed to work previous to their scheduled vacation but will not be offered overtime following their vacation period. In each department, every effort will be made to post the overtime on the bulletin boards by Thursday. As has been the case in the past, the Company would be quite prepared to work at the resolution of complaints on the assignment of overtime prior to the weekend work. For continuous shift operations, the procedure outlined below shall be followed in distributing overtime to employees: First, an employee scheduled for an extra day off (EDO) shall be given the opportunity to work the overtime if it occurs in his department on his shift provided that he is qualified to perform the job. Second, employees in the same job classification on the overtime cover crew shall be given the opportunity to work the overtime in the order of their seniority provided that he is qualified to perform the job. Third, any other employee on the overtime cover crew shall be given the opportunity to work the overtime in the order of his seniority provided that he is qualified to perform the job. In various areas in the plant, certain practices of overtime rotations have been or may be developed to the satisfaction of the employees and Management and it is not the intention of this Appendix to disturb those practices. APPENDIX VI LETTERS OF UNDERSTANDING The following are the Letters of Understanding between the Company and the Union, and are intended for the purpose of information. 1998 Mr. P J. Boyle, President, United Steelworkers of America, Local 343, 206 Concession Street, Kingston, Ontario K7K 2B5 Dear Mr. Boyle: RE: PERFORMANCE RECOGNITION PROGRAMME This will confirm the introduction of a performance recognition programme for bargaining unit employees commencing in January 1998. It is understood that the Company will establish the standards and goals of this programme on an annual basis to ensure that they are consistent and in line with the overall objectives of Kingston Works and will provide employees with periodic plant performance updates. Any changes in these standards and goals will be communicated to employees. Performance recognition payment will be made in February of each year following the measurement year. The pay out will be based on Kingston Works' performance against communicated objectives and will be calculated as a percentage of the production and maintenance bargaining units weighted average rate as at 31 December of the measurement year. The percentage pay out will be in the range of 0 to 6% depending on plant performance, with expected performance resulting in a payment of 4%. The first pay out will be made in 1999 based on 1998 performance. It is understood that the programme shall not be terminated during the term of the collective agreement. Yours truly, J. H. Richardson, Employee Relations Manager 1998 Mr. P J. Boyle, President, United Steelworkers of America, Local 343, 206 Concession Street, Kingston, Ontario K7K 2B5 Dear Mr. Boyle: RE: DRUGS, ALCOHOL AND THEFT This will confirm discussions held during negotiations for the 1998 Collective Agreement whereby the Company explained its concerns about drug and alcohol abuse in the plant as well as theft from employees and the Company. The Company therefore intends to exercise its rights to conduct random or general inspection of lockers, lunch pails or packages that is deemed appropriate to uncover drugs or alcohol abuse or theft. Yours very truly, J. H. Richardson, Employee Relations Manager 1998 Mr. P. J. Boyle, President, United Steelworkers of America, Local 343, 206 Concession Street, Kingston, Ontario K7K 2B5 Dear Mr. Boyle: RE: TECHNOLOGICAL CHANGE I write to confirm an agreement reached during negotiations for the 1998 renewal of our Collective Agreement whereby the Company agreed to take certain steps to assist the Union and employees as a result of the introduction of technological change. The parties agreed that technological change shall be defined as automation as the result of investment in equipment of such a nature as to adversely affect seven (7) or more of the employees in the bargaining unit through lay-off or demotion from their present job classifications or devaluation of their job classifications. In the event of a proposed introduction of technological change the Company will give the Union and employees directly affected by such change at least four (4) weeks notice of the change. In order to assist employees to properly adapt to the technological change, the Company agrees, whenever practicable, to introduce training programs to be conducted by Company personnel or outside consultants. Such training shall be offered initially to those employees directly affected by the technological change. The parties agree that a trial period may be necessary to assess and observe the practicability of the technological change and that therefore, persons outside of the bargaining unit may be utilized during this period. As the new equipment becomes operational the classification(s) involved will be re-evaluated without delay and the Company will make any new rate(s) effective to the date the equipment is de-bugged and operational. Employees whose jobs are directly modified or eliminated as the result of the introduction of technological change shall be guaranteed their current rate of pay in any new job for a period of thirty-two (32) weeks thereafter, notwithstanding their demotion or transfer to a lesser paying job. Such wage retention shall cease to apply when an employee subject to wage retention refuses to accept promotion, recall or transfer to a job classification higher than that which he holds during the period of wage retention. In addition to the regular Union-Management meetings which are held on a monthly basis, and in line with the Company objective to improve the level and quality of communication with the work force, the Company proposes to meet regularly with the Union Committee at quarterly intervals for the specific purpose of informing and updating the Union about Works and departmental plans and objectives relative to additions, changes or modifications to processes, equipment and buildings. Yours very truly, J. H. Richardson, Employee Relations Manager 1998 Mr. P. J. Boyle, President, United Steelworkers of America, Local 343, 206 Concession Street, Kingston, Ontario K7K 2B5 Dear Mr. Boyle: RE: FORK TRUCK/CRANE We write to confirm the continuation of an undertaking contained in a letter dated 8 November 1985 from L. H. Goetz to the then United Steelworkers of America President. The undertaking is as follows: 1. I have stated that it is not the intention of the Company to replace classified Fork Truck or Crane Operators or to reduce the scope of their traditional assignment of duties. 2. The above notwithstanding, the Company contends that it is not unreasonable nor does it violate the Collective Labour Agreements to temporarily assign a tradesman to the operation of a fork truck or crane. Such brief and infrequent assignments are sometimes necessary for the efficient performance of a tradesman's duties. This is however to be kept to a minimum. Yours very truly, J. H. Richardson, Employee Relations Manager 1998 Mr. P. J. Boyle, President, United Steelworkers of America, Local 343, 206 Concession Street, Kingston, Ontario K7K 2B5 Dear Mr. Boyle: RE: EXTRA DAYS OFF (EDO'S) This will confirm our discussion during the current negotiations setting out guidelines for the administration of Extra Days Off (EDO's). While the general regulations regarding EDO's are defined in Clause 10.01(b), the administration procedures are as follows: 1. Extra Days Off are designated by the continuous shift schedule and are considered earned on the designated dates. 2. An employee who opts for designated EDO's rather than extra pay may take his EDO's as they are earned and designated by the schedule or reschedule at a later time. This also applies to EDO's designated on paid holidays. However, an employee may not carry more than three (3) rescheduled earned EDO's at any time. 3. A rescheduled EDO must be taken at a time satisfactory to the employee's Foreman but the employee shall have the opportunity, so far as the scheduling of work permits, to choose his time off. 4. An EDO which has been rescheduled but not taken because the Company requires the employee to work shall either be rescheduled immediately or paid at the rate of time and one-half. 5. An employee who opts for pay on an annual basis, will be paid an extra two hours at the rate of time and one-half for each week in which he works all of his regularly scheduled shifts. 6. An employee who opts for EDO pay on a random basis, will be paid at the rate of time and one-half for the EDO providing he has worked such. 7. Should an employee be assigned from a continuous shift schedule to a non-continuous schedule, resign, be discharged or laid off, all earned EDO's will be paid at the rate of time and one-half to the employee. 8. The rescheduling of EDO's shall not involve any additional cost to the Company. Yours very truly, J. H. Richardson, Employee Relations Manager 1998 Mr. P. J. Boyle, President, United Steelworkers of America, Local 343, 206 Concession Street, Kingston, Ontario K7K 2B5 Dear Mr. Boyle: We write to confirm an agreement reached during negotiations for the 1998 renewal of our Collective Agreement whereby the Company agreed that no staff employee who has transferred out of the USWA bargaining unit will be returned to the USWA bargaining unit during the term of the new Collective Agreement. Yours very truly, J. H. Richardson, Employee Relations Manager 1998 Mr. P.J. Boyle, President, United Steelworkers of America, Local 343, 206 Concession Street, Kingston, Ontario K7K 2B5 Dear Mr. Boyle: RE: TEMPORARY ASSIGNMENT OUTSIDE OF BARGAINING UNIT We write to confirm an agreement reached during negotiations for the 1998 renewal of our Collective Agreement relative to section 6.07 of that agreement. It is agreed that any bargaining unit employee serving as a temporary staff, or temporary foreman shall not be so employed for periods of less than a full shift, except in the case of an emergency. If, while serving in such capacity, overtime is scheduled for the bargaining unit and the temporary foreman or staff person would normally have been eligible for such overtime, they will not participate in the overtime opportunities. The only exception shall be if they are required to work overtime solely in the capacity of temporary foreman or staff person. This means that if they are on overtime, as a temporary foreman, they shall not be permitted to do production and related work normally performed by bargaining unit employees, and similarly, if they are doing scheduled overtime on production, they shall not act as temporary foremen during that overtime shift, except in an emergency. We understand that it is Company policy that any bargaining unit employee who is temporarily assigned to a position outside of the bargaining unit as described in 6.07 does not have access to or discuss employee personal information (including personal medical information) and any person so assigned will be instructed accordingly. We also understand that it is Company policy that any bargaining unit employee so assigned to a position outside of the bargaining unit as described in 6.07 will not have responsibility for the administration of final disciplinary action against a bargaining unit employee, it being understood that such persons may be required to report upon employee conduct and to take interim disciplinary action as directed by the Company at the time with respect to such conduct. It is agreed that the temporary nature of the assignment outlined in 6.07 shall preclude the application of 5.02 (c) on return to the bargaining unit. Yours very truly, J. H. Richardson, Employee Relations Manager Yours very truly, 1998 Mr. P.J. Boyle, President, United Steelworkers of America, Local 343, 206 Concession Street, Kingston, Ontario K7K 2B5 Dear Mr. Boyle: RE: CASH OPERATIONAL NEEDS This letter records an agreement between the Company, Alcan Aluminium Limited, Kingston Works and the Union, United Steelworkers of America, Local 343. The implementation effective September 1993 of the following changes to the work week are required to meet the operational needs of the CASH line to develop and successfully meet the demand for the automotive market. It is agreed that if the demand were to increase to levels which justify additional shifts, a three-shift or 7 day continuous shift will be implemented as required. Work Week The work week for employees assigned to this operation are on rotating 12 hour shifts within the period of 8 A.M. Monday to 8 P.M. Thursday each week. (schedule attached) Hours of Work There are two crews established rotating on 12 hour shifts with standard starting and stopping times of: 8 A.M. to 8 P.M. 8 P.M. to 8 A.M. The schedule averages forty-two (42) hours per week, the additional two (2) hours per week will be paid at time and one-half or accumulated. However, an employee may not carry more than thirty-six (36) accumulated hours at any time. Any accumulated hours must be taken at a time satisfactory to the employee's foreman. The scheduling of the accumulated hours shall not involve any additional cost to the Company. All other provisions relating to a 12 hour shift found within the current Collective Agreement shall apply to the employees assigned. Such agreement between the parties on the above change to the work week provisions shall not be interpreted by the parties as establishing a precedent or prejudicing the conditions set out in the Collective Agreement relating to the balance of Kingston Works operations. Either party to this agreement shall have the right to re-examine the terms of the agreement and in the event that either party wishes to terminate the agreement, the issue may be subject to grievance under section XV of the current Collective Agreement. Yours very truly, J. H. Richardson, Employee Relations Manager SCHEDULE - 12 HOUR SHIFT S M T W T F S S M T W T F S S M T W T F S S M T W T F S Days B B B B A A A A B B B B A A A A Nights A A A B B B A A A B B B Off A A B B B B A A A A B B B B A A Off B A A A B B B A A A B B Note: 42 hour average work week 2 crews (A & B) Fri., Sat., Sun., off every week Work Periods: 48 hrs., 36 hrs., 48 hrs., 36 hrs., repeat Days - 8:00 A.M. to 8 P.M. Nights - 8:00 P.M. to 8 A.M.
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Local Union 343
Union Meetings 1st Thursday of the month
6:30 P.M. Steelworkers Hall 206 Concession St.
Kingston, Ontario Canada K7K 2B5
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