Exhibit 10.7
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COLLECTIVE LABOUR
AGREEMENT
ENTERED INTO BY
NORDX/CDT, INC.
AND
CANADIAN UNION OF
COMMUNICATION WORKERS
UNIT 4
EFFECTIVE
FROM JUNE 10, 2001 TO JUNE 9, 2006
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INDEX - ARTICLES
Article 1 Recognition ................................................. 5
Article 2 General purpose ............................................. 5
Article 3 Management rights ........................................... 6
Article 4 Non-discrimination .......................................... 6
Article 5 Representation .............................................. 7
Article 6 Complaints and grievances ................................... 7
Article 7 Arbitration ................................................. 11
Article 8 Union activities during working hours ....................... 12
Article 9 Access to personnel cards ................................... 12
Article 10 Information to Union Head Office ............................ 13
Article 11 Bulletin boards ............................................. 14
Article 12A Union and continuous service ................................ 14
Article 12B Promotion, Bumping & Layoff ................................. 18
Article 13 Supplementary Unemployment Benefits ......................... 24
Article 14 Notices ..................................................... 26
Article 15 Safety and health ........................................... 27
Article 16 Uninterrupted production .................................... 30
Article 17 Job evaluation .............................................. 30
Article 18 Leaves of absence ........................................... 31
Article 19 Validity .................................................... 38
Article 20 Deduction of regular dues ................................... 38
Article 21 Work performed by supervisors ............................... 38
Article 22 Disciplinary action ......................................... 39
Article 23 Hours of work ............................................... 39
Article 24 Overtime general provisions ................................. 45
Article 25 Overtime .................................................... 46
Article 26 Attendance incentive ........................................ 48
Article 27 Offshift differential ....................................... 49
Article 28 Minimum compensation ........................................ 49
Article 29 Plant holidays .............................................. 50
Article 30 Vacations ................................................... 52
Article 31 Pension plan and other benefits ............................. 55
Article 32 Production standards ........................................ 55
Article 33 Cost of living allowance .................................... 56
Article 34 Wage administration plan groups B-E inclusively ............. 58
Article 35 Production technicians ...................................... 59
Article 36 Wage administration plan apprentices A1 and A2 .............. 59
Article 37 Rate protection ............................................. 60
Article 38 Skilled trades .............................................. 61
Article 39 Rates of pay group A-E inclusively .......................... 66
Article 40 Rates of pay trades classification .......................... 67
Article 41 Protection for employees on workforce restructuring ......... 68
Article 42 Modification, renewal and termination ....................... 72
Annexe A Pension / Benefits .......................................... 89
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ALPHABETICAL INDEX
Article 9 Access to personnel cards ................................... 12
Article 7 Arbitration ................................................. 11
Article 26 Attendance incentive ........................................ 48
Article 11 Bulletin boards ............................................. 14
Article 6 Complaints and grievances ................................... 7
Article 33 Cost of living allowance .................................... 56
Article 20 Deduction of regular dues ................................... 38
Article 22 Disciplinary action ......................................... 39
Article 2 General purpose ............................................. 5
Article 23 Hours of work ............................................... 39
Article 10 Information to Union Head Office ............................ 13
Article 17 Job evaluation .............................................. 30
Article 18 Leaves of absence ........................................... 31
Article 3 Management rights ........................................... 6
Article 28 Minimum compensation ........................................ 49
Article 42 Modification, renewal and termination ....................... 72
Article 4 Non-discrimination .......................................... 6
Article 14 Notices ..................................................... 26
Article 27 Offshift differential ....................................... 49
Article 25 Overtime .................................................... 46
Article 24 Overtime general provisions ................................. 45
Annexe A Pension / Benefits .......................................... 89
Article 31 Pension plan and other benefits ............................. 55
Article 29 Plant holidays .............................................. 50
Article 32 Production standards ........................................ 55
Article 35 Production technicians ...................................... 59
Article 12B Promotion, Bumping & Layoff ................................. 18
Article 41 Protection for employees on workforce restructuring ......... 68
Article 37 Rate protection ............................................. 60
Article 39 Rates of pay group A-E inclusively .......................... 66
Article 40 Rates of pay trades classification .......................... 67
Article 1 Recognition ................................................. 5
Article 5 Representation .............................................. 7
Article 15 Safety and health ........................................... 27
Article 38 Skilled trades .............................................. 61
Article 13 Supplementary Unemployment Benefits ......................... 24
Article 16 Uninterrupted production .................................... 30
Article 8 Union activities during working hours ....................... 12
Article 12A Union and continuous service ................................ 14
Article 30 Vacations ................................................... 52
Article 19 Validity .................................................... 38
Article 36 Wage administration plan apprentices A1 and A2 .............. 59
Article 34 Wage administration plan groups B-E inclusively ............. 58
Article 21 Work performed by supervisors ............................... 38
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INDEX - LETTERS
Letter 1 Definition of groups ........................................ 74
Letter 2 Funds ....................................................... 75
Letter 3 Retirement terms ............................................ 75
Letter 4 Gainsharing ................................................. 76
Letter 5 Students .................................................... 77
Letter 6 Pre-retirement program ...................................... 77
Letter 7 Movement in and out of various shift patterns ............... 78
Letter 8 Surplus machine operator .................................... 79
Letter 9 Rate adjustment for employees on disability ................. 79
Letter 10 Definition of terms ......................................... 80
Letter 11 Vacation calculations ....................................... 81
Letter 12 Overtime .................................................... 82
Letter 13 Retirement allowance plan ................................... 85
Letter 14 Benefits manual ............................................. 85
Letter 15 Group A evolution ........................................... 86
Letter 16 Management of group A employees at $21.77 ................... 86
Letter 17 Benefits increase ........................................... 87
Letter 18 Supplementary unemployment benefits (SUB) ................... 87
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COLLECTIVE AGREEMENT
MEMORANDUM OF AGREEMENT made
BETWEEN:
NORDX/CDT, Inc.
a corporation organized and existing under the laws of Canada
Hereinafter called the "Company"
OF THE FIRST PART
AND:
CANADIAN UNION OF COMMUNICATION WORKERS,
a body corporate duly incorporated under the provisions of the
Professional Syndicates Act of the Province of Quebec.
Herinafter called the "Union"
OF THE SECOND PART
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ARTICLE 1 - RECOGNITION
1.01 Whereas the Canadian Union of Communication Workers was duly certified
under the Labour Relations Act by the Labour Relations Board of the
Province of Quebec on July l3th, l945, the Company recognizes the Union
as the exclusive bargaining agency for all shop clerks, production and
skilled trades hourly rated non-supervisory employees in the Province
of Quebec excluding Plant Security Staff and janitorial services. This
Agreement applies to Unit No.4 of the Union.
1.02 Under this Agreement, "employee" shall mean:
A person who is actively employed by NORDX/CDT in the capacity of a
non-supervisory hourly rated employee as described above.
Actively employed refers to a person on the active payroll and paid a
wage for work performed for the Company. A person on the active payroll
(except for layoff allowance) absent because of illness, injury or
other causes which do not interrupt accumulation of service with the
Company is considered an employee.
During the term of this collective agreement, should the Company
establish new plant facilities in Quebec to manufacture products
currently being produced in any of its present manufacturing location
on the island of Montreal, the Company will acknowledge the Canadian
Union of Communication Workers as the exclusive bargaining agency for
employees described above.
ARTICLE 2 - GENERAL PURPOSE
2.01 The purpose of this Agreement is to maintain a harmonious relationship
between the Company and its employees and to provide an amicable method
of settling any differences or grievances which may arise with respect
to matters covered by this Agreement.
2.02 The Company and the Union are committed to meet upon request of one or
both parties to identify and discuss matters of mutual interest. When
both parties find it appropriate, working committees will be
implemented with a mandate to analyze certain problems and suggest
appropriate solutions.
These committees will be composed of both Union and Company
representatives and any other appropriate person convened by one of the
parties. The parties will be informed in advance, as far as it is
practicable, of the names of the people who will participate in these
committees.
Changes resulting from the working committees may form part of the
present collective labour agreement.
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ARTICLE 3 - MANAGEMENT RIGHTS
3.01 The Union acknowledges that it has been and still is the exclusive
right of the Management of the Company to: hire, lay-off, discharge,
classify, transfer, promote, demote or discipline employees, subject to
the provisions of this Agreement.
3.02 The Union acknowledges the exclusive right of the Company to operate
and manage its business in all respects in accordance with its
obligations and generally to manage the enterprise in which the Company
is engaged, and without restricting the generality of the foregoing to
determine the number and location of work areas, the methods to be used
in operations, schedules, kinds and location of machines and tools to
be used, processes of repairing, warehousing and installing and the
control of material and parts to be used.
3.03 The functions outlined above will be exercised in a manner not
inconsistent with the terms of this Agreement.
ARTICLE 4 - NON-DISCRIMINATION
R 4.01 The Company agrees that there shall be no discrimination or
intimidation by the Company or any of its agents against any employee
or group of employees because of membership or non-membership in the
Union or for having exercised a right included in this Agreement or in
the Labour Code.
4.02 The Company also agrees that representatives of the Union shall be free
to discharge their duties in an independent manner without fear that
their individual relations with the Company may be affected in the
least degree by any action taken by them in good faith in their
representative capacity.
4.03 The Union agrees that neither its officers nor its members will
intimidate, discriminate against or coerce any employee or group of
employees for the reason that they are or are not members of the Union.
4.04 There shall be no discrimination against any employee because of sex,
race, religious creed, colour, national origin, sexual orientation,
marital status, civil status, handicap or age, except to the extent
that legislation so permits.
4.05 In this Collective Agreement, words using the masculine gender include
the feminine and the feminine masculine; the singular includes the
plural, and the plural singular, where the text so indicates.
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ARTICLE 5 - REPRESENTATION
R 5.01 The number of "District Representatives" necessary to carry out the
provisions of this agreement on the Company premises shall be as
mutually agreed upon from time to time between the Company and the
Union.
The number of Group Representatives shall be one (1) per approximately
one hundred and fifty (150) employees in the bargaining unit, but with
a minimum of two (2) Group representatives.
5.02 The Union agrees to furnish the Company with the names of its duly
elected officers and representatives appointed to perform any act in
connection with the carrying out of this Agreement, and undertakes to
promptly notify the Company of any change in the membership of officers
or representatives.
5.03 The Company agrees that Group Representatives will not be transferred
from their voting group, except for upgrading, promotional
opportunities or for effect of lack of work.
5.04 For the purpose of an effect of lack of work, a Group Representative
will not be downgraded or transferred laterally from his voting group
while there are junior service employees retained on the same grade or
lower graded jobs which the Group Representative can perform within his
own voting group.
R 5.05 For the purpose of an effect of lack of work, a Group Representative
who has served for four (4) or more years consecutively and has ten
(10) years continuous service shall be deemed to have the most
seniority within his voting group.
R 5.06 For the purpose of an effect of lack of work, a District Representative
shall be deemed to have the most seniority within his voting district.
N 5.07 The Company agrees that any elected District Representative shall be
assigned to no less than group D or its equivalent (maximum rate)
provided however, should he cease to be a District Representative, he
shall revert to the job and group (or its equivalent) which he held
prior to his election.
ARTICLE 6 - COMPLAINTS AND GRIEVANCES
R 6.01 For the purpose of this agreement, a grievance shall mean any
disagreement respecting the interpretation or application of the
collective agreement, including:
a) Wages, hours of work or other working conditions as contained in
this agreement.
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b) Charges or allegations that an employee or group of employees has
been treated unfairly or discriminated against by the Company
concerning conditions contained in this agreement.
R 6.02 The Company agrees that any employee or Representative thereof may
approach Management through supervisory line organization, starting
with his first level manager, concerning matters which deserve
consideration, modification or improvement.
6.03 It is the mutual desire of the parties hereto that complaints and
grievances of the employees be adjusted as quickly as possible.
R 6.04 Any grievances shall be dealt with in accordance with the grievance
procedure which follows:
N 6.04.01 Pre-step
It is understood that an employee having a complaint will
first give the first-level manager concerned an opportunity
of adjusting the condition causing his complaint by
presenting it within fifteen (15) days following the
awareness of the event which caused it. The employee may
request the assistance of a Union Representative when taking
up a complaint with the first-level manager. The first-level
manager concerned shall give a verbal answer within two (2)
working days.
R 6.04.02 Step 1
Failing satisfactory settlement at the pre-step, the
grievance shall be submitted in writing to the first-level
manager concerned within ten (10) working days. The
first-level manager shall give a written answer within five
(5) working days following reception of the grievance. The
written answer must indicate the name of the responsible
person at the second step for this grievance.
6.04.03 Step 2
Failing satisfactory settlement at the first step, within
five (5) working days following the answer, the grievance
shall be submitted, in writing to the second-level manager
with a copy to the first-level manager concerned. The
second-level manager shall convene a meeting within ten (10)
working days with the District Representative and/or his
delegate, the HR Director and/or his delegate and any other
appropriate person convened by one of the parties; the
parties shall be informed in advance of the names of the
people invited to this
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meeting. Following this meeting, the management
representative shall send a written answer within five (5)
working days after the meeting.
6.04.04 Any period of time specified in the grievance procedure may
be extended by mutual agreement.
6.04.05 Grievances concerning employees laid off
The Company and the Union agree that grievances arising from
any layoff shall be submitted in writing at the second step
by the Union to the designated management representative of
the business unit within ten (10) working days after the
Union is in receipt of notification of layoff.
The designated management representative must submit his
written answer within five (5) working days.
6.04.06 Grievances concerning dismissals and suspensions
Any grievance involving a dismissal shall commence at Step 2
of the Grievance Procedure within ten (10) days after the
Union has been notified in writing of such disciplinary
action.
Any grievance involving a suspension shall commence at Step 1
of the Grievance Procedure within ten (10) days after the
Union has been notified in writing of such disciplinary
action.
6.04.07 Grievances relative to job descriptions and evaluations
In the event that an employee or the union believes his job
write-up does not reflect his assignment, he must discuss and
review his job description with the first-level manager and
if the problem is not resolved within a delay of thirty (30)
days, a grievance may be processed in accordance with the
grievance procedure commencing at the second step.
Job Evaluation grievances shall be processed in accordance
with the grievance and arbitration provisions of this
agreement. If it feels the need, the union may meet with the
evaluation committee. In the event of arbitration proceedings
of a job evaluation grievance, the Union will, upon request,
be allowed to have the job reviewed by a Union Representative
for a reasonable period of time accompanied by a member of
the Job Evaluation Committee.
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R 6.04.08 Job posting grievances
Any grievance related to a job posting must be submitted
within three (3) days of the posting of the employee's name
selected for the job, in accordance with the grievance
procedure commencing at the first step. For employees on a
twelve (12) hour schedule, the grievance must be submitted
within eight (8) days of the posting of the employee's name
selected for the job.
In the event that the selection for a job vacancy is in
dispute, the grievor and the incumbent shall be the only ones
considered for the position in contention. The right to
grieve shall be restricted to employees who apply for the
vacancy. Following a grievance, the names of all applicants
shall be made available to the designated Union
Representative, if requested.
N 6.04.09 - Union grievance, group grievance and collective grievance
In the case of a union grievance, a group grievance or a
collective grievance, it will be submitted at the second step
of the grievance procedure within thirty (30) days of the
awareness of the event which caused it.
R 6.04.10 Referral to arbitration
Any grievance which is not satisfactorily settled in
accordance with this Article may be referred to arbitration
as provided in Article 7. The request for arbitration shall
be forwarded to the designated management representative and
must be made within twenty-one (2l) days after the final
decision of the Company has been given at Step 2, or when the
time limits mutually agreed upon have expired.
6.05 Disposition
6.05.01 - An employee, if he so desires, may take up a grievance as an
individual, through the regular line of organization without
recourse to the grievance procedure, up to and including the
designated second-level manager as the final step. The
Company, however, undertakes that it will not attempt to
settle any grievance directly with the employee involved if
his grievance has already been discussed with the Company by
a Union Representative pursuant to the grievance procedure.
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6.05.02 - The Union Representative may intercede on behalf of his
members at any time on matters covered by the Agreement
which, in his opinion, may affect the employees, either as
individuals or as a group, regardless of whether his action
is taken as a result of a complaint by an individual or a
group or as a result of personal observation.
ARTICLE 7 - ARBITRATION
7.01 Should the Company and the Union fail to reach an agreement in regard
to any differences concerning the interpretation or alleged violation
of this Agreement, the matter may be submitted to a single Arbitrator.
7.02 The parties shall attempt to agree on the choice of an arbitrator
within twenty (20) working days following the serving of the notice, or
within the period of time agreed upon by both parties. Failing
agreement by the parties on an arbitrator, an arbitrator shall be
appointed by the Minister of Labour at the request of either of the
parties.
7.03 The arbitrator, however, shall not have jurisdiction to alter or change
any of the provisions of this Agreement or to substitute any new
provisions in lieu thereof, nor to give any decisions inconsistent with
the terms and provisions of this Agreement.
7.04 A grievance submitted within fifteen days of the date on which the
cause of the action was initiated, cannot be rejected by the arbitrator
for the sole reason that the expected delay in this collective
agreement has not been respected.
7.05 A grievance claiming an employee has been unjustly discharged or
suspended may be settled by one of the following steps:
a) Confirming Management's action in discharging or suspending the
employee, or
b) Re-instating the employee with full compensation for time lost,
less earnings from other sources, or
c) Any other penalty which is just and equitable in the opinion of the
arbitrator.
7.06 a) The conferring parties may have the assistance of the employee or
employees concerned and any necessary witnesses and all reasonable
arrangements will be made to permit the conferring parties to have
access to work areas to view operations and to confer with the
necessary witnesses.
b) Both parties agree to disclose to each other documentation which
may be used in arbitration.
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7.07 The Company shall not reimburse employees for pay lost in connection
with arbitration proceedings.
7.08 Both parties hereto will bear equally the expense of the arbitrator
appointed.
7.09 The arbitrator must render a decision within thirty (30) days after he
has heard the parties on the grievance.
ARTICLE 8 - UNION ACTIVITIES DURING WORKING HOURS
8.01 Representatives shall be permitted to leave their regular work for a
reasonable length of time to perform their duties in connection with
this Agreement subject to the approval of their immediate supervisor or
manager of the department where they are employed.
8.02 The Company agrees to pay employees at their hourly rate (except those
on leave of absence) who are Union Representatives for reasonable time
spent in the proper administration of this Agreement, during regular
working hours.
8.03 The Company reserves the right to prohibit soliciting of membership in
the Union during working hours or on Company premises.
R 8.04 Newly hired employees will be introduced by their immediate manager to
their District Representative or Group Representative. The
Representative may meet with the new employee for a reasonable length
of time.
ARTICLE 9 - ACCESS TO PERSONNEL CARDS
9.01 Any employee, upon request, shall have the right to review his own
personnel and/or attendance record card, either individually or jointly
with the District Representative in the presence of the employee's
immediate supervisor or a representative of the Human Resources
Department.
9.02 The personnel card and/or attendance record card of any employee in the
representative's constituency shall also be made available to the Union
District Representative for the purpose of review, if information is
required from such records as a result of a complaint or grievance.
9.03 In the case of a grievance, the employee's representative will have
access to documents concerning the employee which are pertinent to the
issue. Such documents will include, but will not be limited to,
information related to education, job performance, training and
experience.
9.04 Review of such information will take place in the presence of the
employee's immediate supervisor or a representative of the Human
Resources Department.
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9.05 The Company will provide, upon request, to the district representative
a copy of the employee's employment history and any other information
needed as far as the law permits.
ARTICLE 10 - INFORMATION TO UNION
(HEAD OFFICE AND DISTRICT REPRESENTATIVE)
10.01 The Company agrees to provide lists of hourly rated employees eligible
for membership in the Union entering the service of the Company, and
also to provide, within one week, lists of hourly rated employees
covered by this Agreement whose employment with the Company is
terminated.
10.02 The Company will provide the Union, through the Human Resources
organization, a weekly list of hourly rated employees covered by this
Agreement who are either hired, returning to work, transferred, laid
off, terminated, placed on maternity and/or parental leave of absence,
on leave of absence, on long-term disability, pensioned or have
resigned.
10.03 The Company agrees to provide monthly to the Union lists by name and
employee number of all employees covered by this Agreement. The lists
shall be compiled by department in order of Union service date with the
Company together with the analysis number of the job and the job code
to which the employee is assigned. The Company shall also supply the
Union service dates of employees being laid off.
10.04 The Company agrees to provide to the Union semi-annually, in August and
February, a list of the names, employee numbers, department numbers and
addresses of all hourly rated employees coming under its jurisdiction.
R 10.05 The Company agrees to notify the Union in writing of those cases in
which an employee has been given a review letter - L.A.R.C.
10.06 The Company agrees to provide to the Union, through the Human Resources
organization, a copy of published Organizational Notices/Lists. In
addition, the Company will inform the Union when an employee is
assigned to a temporary manager position as well as the anticipated
duration.
10.07 The Company agrees to provide to the Union, monthly, a list showing
names and overtime hours paid during the preceding month.
10.08 For the purpose of this article, the word Union refers to the Union's
head office and District Representative.
10.09 Upon the Union's request, the Company agrees to provide, through the
Human Resources organization, a copy of the preferred hiring list.
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10.10 The Company will provide the Union Representative with information in
any specific case where an employee has resigned and the Union
Representative feels the resignation was not totally voluntary, so that
the Union may investigate the matter before the employee leaves the
premises and, if deemed advisable, request the appropriate manager
concerned for a prompt review and, where deemed appropriate, a
modification of the case.
N 10.11 The Company will provide the Union representative, upon
request, a list containing the names of the employees on light duty
assignment and the expected duration of this assignment, as well as
a list of the employees who are absent for personal or professional
sickness or accident for a duration of more than one month.
N 10.12 The Company will provide the Union representative a list
containing the employees on temporary postings.
ARTICLE 11 - BULLETIN BOARDS
11.01 The Company will furnish, install and maintain a reasonable number of
glassed-in and locked bulletin boards as is mutually agreeable, and in
locations satisfactory to the Company and the Union.
11.02 The Bulletin Boards may be used for any and all of the following
purposes concerning the bargaining unit covered by this Agreement as
may be determined by the Union:
a) Notices of Union meetings and the reasons therefor.
b) Notices of nomination elections or referendums.
c) Results of elections or referendums.
d) Official records and reports relating to the operation of the Union.
e) Copies of agreements between the Company and the Union.
f) Notices of recreational and social affairs.
11.02.01 All such notices shall be approved by the Director of human
resources or his delegate and the District Representative
advised, before being posted.
11.03 When Company notices which refer to the Union are to be posted, the
Company agrees to advise the Union of the contents before such notices
are posted.
ARTICLE 12A - UNION AND
CONTINUOUS SERVICE
12.01 Continuous credited service and Union service shall be based on the
date established on the Company records. The continuous credited
service and the
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Union service in the Company shall accumulate from the employee's date
of hiring to the following conditions:
R 12.01.01 Continuous credited service and Union service shall
terminate for the following reasons:
a) Voluntary resignation.
b) Discharge for just cause if not reversed through the
grievance procedure.
c) Absence from work for three (3) or more consecutive
working days without the Company being notified. It is
considered in such circumstances that the employee has
resigned voluntarily unless exceptional conditions,
recognized by the Company as such, are involved.
After the second (2nd) consecutive working day of
absence, the Company will advise the District
Representative.
d) Inability to return to work within two (2) years after
sick benefits (if any) have expired; except where an
employee is eligible for Company pension.
e) Inability to return to work within four (4) years from
the first full day of absence due to a work accident
disability, as recognized by the CSST. In cases where
there has been a return to work and a relapse, as
recognized by the CSST, from the same work accident
occurs, the aforementioned four (4) year period will be
calculated as if it were a new accident.
f) Failure to return to work from layoff within one (l) week
after having been notified to report; or within two (2)
weeks after having been notified and given satisfactory
explanation for not returning at the end of the first
week.
It is agreed that laid off employees being recalled will
be permitted to give their present employer reasonable
notice of termination in order to accept recall.
g) Failure to return from layoff within the "Union and
Continuous service maintains" times, outlined in
12.01.03.
R 12.01.02 Deductions from continuous service shall be made for the
following reasons:
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a) When an employee with less than three (3) full calendar
months of continuous service is absent without pay due to
sickness, that period of absence up to one (1) month only
in any consecutive twelve (12) month period, will be
granted upon return to work.
b) Any period of leave of absence in excess of one (1) month
in any consecutive twelve (12) months for which approval
is granted without credit for continuous service.
c) For calculation purposes, union service and continuous
service shall be calculated from the first day of the
week following the employee's layoff.
R 12.01.03 An employee shall maintain recall rights following layoff in
accordance with provisions set out below; his continuous
service and Union service shall be accumulated and/or
maintained as follows:
Union service Recall rights Continuous Continuous
at date of service service
layoff accumulates maintains
Union service
accumulates
and maintains
Probation completed and
less than 1 year 18 months * 12 months * 18 months
1 year but less than 5
years 54 months * 24 months * 54 months
5 years or more 66 months * 24 months * 66 months
* NOTE: If employee returns from layoff within above periods.
12.01.04 Continuous service shall be bridged for the following
reasons:
An employee whose term of employment has been broken and who
is subsequently re-employed shall be credited with previous
continuous service in the following manner, provided that
the employee had six (6) months or more of previous
continuous credited service when the term of employment was
broken.
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Period of service break Previous continuous service credited
1 month or less at time of re-employment
greater than 1 month but less after completing a period of
than 1 year continuous service equivalent to the
period elapsed since recall rights
expired or since the event causing
the service break occurred
1 year or more after completing 1 year of
continuous service
R 12.01.05 Union service shall be adjusted for the following reasons:
a) Employees returning to the bargaining unit, without continuous
service break, following an absence, shall have all their Union service
immediately credited on the basis of full Company service acquired.
b) Employees from C.O.E.U. shall be credited with the Union service
they acquire while in the bargaining unit. The Union service of
employees so affected will be adjusted on the basis of full Company
service acquired.
c) Employees whose recall rights within the bargaining unit have
expired and who are subsequently rehired shall have their Union service
immediately credited less the period which exceeds the time limit
stipulated in paragraph 12.01.03 to maintain the Union service.
d) Employees of the bargaining unit whose term of employment has been
broken, other than for expiry of recall rights, and are subsequently
rehired shall have their previous Union service credited after one (1)
year in the bargaining unit.
e) An employee's Union service will cease when the employee leaves the
bargaining unit.
f) Regarding the application of article 12, the trade employees who
have never worked in the occupational groups of the production
employees and who fill a position from one of these groups, will not
get their union service credited. These employees will not however be
considered as new employees or probationary employees as per article
12.02.
12.02 A newly hired employee shall be considered as a probationary employee
and shall hold no rights as specified in article 12 of this agreement
for the first regular eighteen (18) weeks worked. The eighteen (18)
weeks worked probationary period shall be accumulated within not more
than one (1) year. After this date, his Union service rights will be
retroactive to the hiring date.
A probationary employee is eligible to become a member of the Union and
to be covered by all of the provisions of the agreement except when the
employee's
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service is terminated during the probationary period. Such termination
of employment shall be subject to the grievance procedure, up to the
second step.
In the event of lack of work, a probationary employee will be laid off
in reverse order of the number of regular days worked (Monday to
Friday) and shall have precedence over any other hiring from outside
the Company, if he submits an application for employment at the time of
leaving. A list of these probationary laid off employees who have
submitted an application of employment will be given to the Union.
* ARTICLE 12B
PROMOTION, BUMPING AND LAYOFF
R 12.03 Promotions
R 12.03.01 In making permanent promotions at group D and higher, the
Company shall take into consideration ability, skill,
experience (excluding experience acquired on temporary
posting and on temporary assignments) and Union service.
Where the first three factors are relatively equal, Union
service shall prevail. Job vacancies at group A, B and C
shall be filled on the basis of Union service from among
those employees who apply.
i) Subject to the provisions of paragraph 12.03.01, selections
for filling vacancies will be made, amongst others, from
qualified employees in the same group and qualified employees in
a higher group than that of the vacancy.
R 12.03.02 (a) The Company will post notices of job vacancies,
excluding temporary assignments, in all levels for a
period of eight (8) working days. Selections will be
made in accordance with paragraph 12.03.01.
(b) A vacancy which is to be filled by the reinstatement of
an employee to his former job from which he was
displaced, need not be posted.
(c) A vacancy in level 1 which is to be filled by an
employee returning to the bargaining unit within one (1)
year will not be posted, providing there is no employee
with more Union service on the recall list.
(d) Following a job posting, the selection will be made as
early as it is practical. If the selection is not made
within thirty (30) days following the end of the posting
period, the job posting will be
18
cancelled. Within eight (8) working days after the
selection, the name of the successful candidate will be
posted on the notice boards for a period of eight (8)
working days and also forwarded to the Union head office
and district representative in writing.
R 12.04 For group D and higher jobs, the qualifications evaluation process for
applicants will be subject to consultations between the Company and the
district representative.
N 12.05 a) An employee applying on a job posting from the same group as
he/she occupies will have to have completed a continuous period
of four (4) months on the job he/she holds, except in the cases
where the assignment is a direct result of article 12.07 (effect
of lack of work).
b) When an employee is selected following a group A job posting,
he/she has a 2-week period during when he/she may elect to come
back to his/her former job. For group B, C, D and E job postings,
the period where the employee may elect to go back to his/her
former job is of three (3) weeks. When the employee chooses to go
back to his/her former job, the next applicant on the job posting
will be selected to fill the job.
N 12.06 Temporary posting
a) A temporary vacancy resulting from occupational or non occupational
sickness or injury, long term medical restrictions, educational leave
of absence, parental or adoption leave, which the Company believes will
last for more than one month, will be posted for a period of eight (8)
days. Such posting shall clearly state that the vacancy is temporary.
b) It is recognized that under certain circumstances, a temporary vacancy
may not be posted because it is not necessary to replace the
temporarily absent employee.
c) The selection shall be made in accordance with Article 12.03.01. In the
event of no applicants, it is agreed that the vacancy can be filled by
using the group A employee with the least Union service. After one year
a permanent posting will take place.
d) Upon expiration of the temporary vacancy, all employees will return to
their former jobs within the sequence triggered by the original
vacancy.
e) An employee filling a temporary vacancy can post to another temporary
vacancy subject to the same rules as per article 12.05 a).
f) A temporary vacancy will not last in excess of one year. After this
period, it shall be posted on a permanent basis.
g) If a lack of work develops in an analysis number where there is an
employee on a temporary posting, this temporary employee will be
returned to his
19
previous job, irrespective of his seniority. The permanent employee,
upon his return will if necessary displace the employee with the
least Union service on that analysis number, provided he has
sufficient seniority. Lacking such seniority, the returning employee
shall have bumping rights as per Article 12B.
R 12.07 Effect of lack of work
When a business faces a layoff, the Company and the Union will meet,
during the notice period, to discuss solutions that could reduce the
number of employees affected.
The parties have agreed to the following specific rules to facilitate
the handling of surplus employees:
. Surplus procedure
. Layoff procedure
. Bumping procedure
12.07.01 When lack of work necessitates decreasing the workforce,
employees having the least Union service shall be selected as
surplus from the analysis number in level 2 and higher or by
the least Union service in level 1 in the second level
manager's total organization affected. The Company reserves
the right to maintain an efficient staff and consequently
ability will also be considered.
12.07.02 Such surplus employees shall be transferred by Union service
at group A and, if qualified at group B and higher, to fill
any existing vacancies.
12.07.03 a) If there are no such vacancies, then level 4 surplus
employees shall be placed on jobs for which they are
qualified in the same level as that which was surplus and
after if they are qualified down to level 2, displacing
shorter Union service employees.
b) If there are no such vacancies, then level 3 surplus
employees shall be placed on jobs for which they are
qualified in the same level as that which was surplus and
after if they are qualified down to level 2, displacing
shorter Union service employees.
c) If there are no such vacancies, then level 2 surplus
employees shall be placed on jobs for which they are
qualified in the same level as that which was surplus,
they will displace shorter Union service employees.
d) Surplus employees, as described in paragraphs a), b) and
c) who cannot be placed on a job for which they are
qualified, will be
20
transferred to a group A job vacancy, by choice according
to seniority.
12.07.04 Should an employee be on the point of being laid off and
there exists employees with less Union service at group B or
C, the following conditions apply:
a) The position of the most junior employee at group B or C,
will be posted. Employees will be allowed to apply, with
the most senior Union service applicant being deemed to be
the successful candidate. The employee with the least
Union service at group B or C will be laid off and the
surplus employee will fill the position vacated by the
selected candidate.
b) Subsequent to (a) above, should an employee with greater
than five (5) years of Union service still be on the point
of being laid off, the position of the employee, with the
least Union service at group D, will be posted. All
employees will be allowed to apply, with the most senior
Union service applicant being deemed to be the successful
candidate. The employee with the least Union service at
group D will be laid off and the surplus employee will
fill the position vacated by the selected candidate.
12.07.05 If surplus employees cannot be placed according to clause
12.07.03 and 12.07.04, such employees shall be laid off.
12.07.06 The Company will guarantee all employees, including employees
on probation, a minimum of one (1) week advance notice prior
to layoff.
12.07.07 Written notification of layoff will also be given to the
Union's district representative fifteen (15) days prior to
the date of layoff. Should this fifteen (15) day notice prove
impossible, the designated management representative will
consult with the Union. In addition, a copy of notification
of layoff, as mentioned in 12.07.06, will be given to the
Union's district representative at the same time it is given
to the employee.
12.07.08 The Company agrees to notify the Union head office and
district representative by letter when an employee refuses to
exercise his bumping rights.
12.07.09 An employee who is on Sickness and Accident or Long-Term
Disability benefits, on maternity or parental leave, at the
time that a notice of layoff would have applied to him had he
been at work, will be deemed to have received such notice at
that time.
21
His records will be adjusted to reflect the period of time he
has been on the Sickness and Accident or Long-Term Disability
benefits, on maternity or parental leave, from the time the
layoff would have occurred until the employee is considered
fit to resume work.
12.07.10 When a lack of work of short duration necessitates a
reduction in manpower, the Company may offer a voluntary
leave to all employees having the same analysis number in the
business affected by the lack of work. This leave will be
granted, based on union service, to those so interested for a
period not to exceed three (3) months. The Company will
inform the Union prior to employees proceeding on this leave.
During this leave, the employee shall accumulate continuous
service and have the right to those benefits normally granted
to laid-off employees. He will not be entitled to neither a
notice period nor supplementary unemployment benefits.
Return to Work
The employee will be returned to work and will be assigned to
the position he held prior to his leave and/or will exercise
his bumping rights, in accordance with article 12.
12.08 Force majeure
The following conditions shall apply for a situation arising beyond the
control of the Company and necessitating the layoff, within any period
of one month, of more than 50% of any business work force, as defined
in article 41.
i) Employees affected by such lack of work will not be subject to
the bumping procedure, as per paragraph 12.07, for a period not
exceeding three (3) months.
ii) The Company will offer the most senior Union service qualified
employees the option of performing the remaining work available
or electing to be laid off for a maximum of three (3) months and
receive only the supplementary unemployment benefit.
iii) Employees laid off will be recalled as per the requirements of
the work available and in keeping with the provisions of the
collective agreement.
R 12.09 Recalls
22
The Union recognizes the right of the Company normally to hire
additional people according to the needs of the business, subject to
the provisions of this article.
12.09.01 Before recalling at group A, B and C, rate protected
employees will be considered by reverse order of Union
service.
When recalling at group A, B and C, the Company will give
first consideration to laid-off employees, in order of Union
service. Such consideration is subject to the following:
a) Employees laid off, refusing a recall, will waive their
recall rights.
b) A recalled employee who has failed to meet job
requirements on a specific function will return on the
Recall List and shall not be recalled for the said
function.
12.09.02 When recalling at group D and higher, the Company shall give
first consideration to laid-off qualified employees, in order
of Union service.
12.09.03 The Company and the Union shall review the records of
laid-off employees to determine if they have the potential to
be trained to fill existing vacancies, prior to the hiring of
new employees.
12.09.04 Employees must keep the Company informed of any change of
address. The Company agrees that it shall send a registered
notice or telegram to the last recorded address.
12.09.05 When the employment offered following recall is of a duration
of two (2) months or less and the employee is employed by
another company, the refusal of recall by said employee will
not result in the termination of his continuous service.
12.10 Rehiring
12.10.01 A laid-off employee shall be given preferred hiring
consideration for a period of time equivalent to his recall
period from the date such period ceases (maximum six [6]
years, including layoff period) if he makes application in
writing to the Company and presents himself for employment.
Failure to accept an offer of employment shall terminate this
preference.
12.10.02 The Company agrees to advise a laid-off individual whose
recall rights are about to expire, of his preferred hiring
consideration as described in 12.10.01.
23
12.11 Transfers
Before making transfers to locations outside of the Island of Montreal,
the Company will give due consideration to the wishes of the employees
involved.
* See also letters of intent # 9 and 14.
ARTICLE 13 - SUPPLEMENTARY UNEMPLOYMENT BENEFITS
13.01 For purposes of application of this article, a layoff can mean a
temporary layoff, including one on account of market fluctuations or
caused by a phase-out in a manufacturing location or business unit.
R 13.02 Schedule of Supplementary Unemployment Benefits (SUB)
An employee who is laid off for a period in excess of two (2) weeks
solely due to lack of work shall be granted SUB based on his continuous
service at the date of layoff in accordance with the following schedule
except as provided for in paragraphs 13.13 and 13.14:
Continuous service at date of layoff Supplementary
Unemployment
Benefits
Period But No. of
completed less than weeks' pay
0 year 1 year 0 week
1 2 years 5 weeks
2 years 3 7
3 4 8
4 5 9
5 6 12
6 7 14
7 8 15
8 9 16
9 10 17
10 11 20
11 12 22
12 13 24
13 14 26
14 15 28
Three (3) weeks additional pay for each full year of continuous service
thereafter.
24
13.03 Calculation of Supplementary Unemployment Benefits
SUB payments shall be based on the employee's regular work week hours
(excluding overtime) in effect as of the date of layoff.
The rate of pay used in such computations shall be the employee's
equivalent weekly rate, including COLA, in effect at the date of
layoff.
13.04 Each week, the employee shall receive SUB equivalent to 90% of his
weekly pay, less Unemployment Insurance Benefit entitlement, provided
he has requested and obtained the Unemployment Insurance Benefits.
After Unemployment Insurance Benefits have been exhausted, a laid-off
employee shall be entitled to a payment of 60% of his regular weekly
pay until total SUB entitlement, under 13.02, is exhausted.
13.05 For purposes of application of paragraph 13.04, the total combination
of Unemployment Insurance Benefits entitlement, SUB and other
compensation shall not exceed, in any event, 90% of the employee's
weekly pay.
13.06 SUB cease when:
a) the employee resigns,
b) SUB expire,
c) the employee refuses to report to work after recall (in accordance
with article 12.01.01 f).
In view of this article, the employee has no acquired right to SUB,
except during periods of unemployment which are mentioned in paragraphs
13.04 and 13.09.
13.07 a) An employee who has been re-employed following a period of layoff
and is again laid off shall be granted SUB based on his overall
continuous service after deducting the amount he received from his
previous layoff.
b) An employee who has been re-employed following a period of layoff
and who, after being back at work for a period of one (1) or more
years, is again laid off, shall be granted SUB based on his overall
continuous service.
13.08 a) The Company shall provide the following benefits for six (6) months
following the month of layoff as long as laid off employees
continue to contribute to those plans to which they are required to
make contributions:
- Supplementary Hospital Plan
- Extended Health Care Plan
- Vision Care Plan
- Dental Plan
25
- Group Insurance Plan - Part I
- Group Insurance Plan - Part II
- Dependent Life Plan
- Survivor Transition Benefit Plan
b) Laid off employees with ten (10) or more years of continuous
service shall continue to receive the following benefits for the
remaining SUB payment periods:
- Extended Health Care Plan
- Group Life Part I
The cost of this extended coverage shall be deducted from SUB
entitlement.
13.09 Employees eligible to SUB shall not receive SUB during the UIC stoppage
period. However, if the layoff persists for more than two weeks,
employees shall receive two (2) weeks SUB, upon their return to work,
provided they have not exceeded the total amount of SUB in that time.
In such event, the SUB payment shall be considered as being made during
the UIC stoppage period of two weeks.
13.10 In the case of an employee who, within ten (10) working days, is
recalled from a layoff from where he was laid off, he shall be
reimbursed for the layoff period as if he had been actively employed.
13.11 Employees must apply and receive layoff allowance before any SUB
payments become effective.
ARTICLE 14 - NOTICES
14.01 The Company agrees that before any non-supervisory office vacancies,
either for clerks or technicians (including time study, manufacturing
process layout and skill training), are filled by transfer of an hourly
employee or by outside hiring, the Company shall consider only those
employees who have applied to a notice of vacancy. Notices shall be
posted on bulletin boards visible to all hourly employees.
When qualifications are equal, employees having the greater union
service will be given preference, when the selection is made from the
applicants.
14.02 The Company agrees, when an opening in management occurs, to consider
employees who have expressed their desire to become part of management.
26
ARTICLE 15 - SAFETY AND HEALTH
15.01 The Company and the Union recognize that they must endeavour jointly to
maintain high standards of safety and health in the workplace. The
Company shall take the necessary measures to ensure the safety and
health of the employees and will provide information and training, when
necessary.
15.02 The Company shall maintain adequate health facilities in the work areas
and will provide adequate safety devices.
15.03 No employee shall be required to operate or use any machinery, tool,
die or other piece of equipment in defective order.
15.04 In case of equipment considered dangerous, the Union may immediately
meet with the Health & Safety Committee in order to check the
equipment.
15.05 In the case where an employee sustains an injury at work or incurs an
occupational sickness during his period of employment, and as a result
is permanently unable to perform work similar to that performed prior
to his employment injury, he may fill a job vacancy or exercise his
bumping rights, as per article 12, on a job corresponding to his
physical restriction.
An employee, after completing his probation period, downgraded in
accordance with article 15.05, will have his rate of pay frozen until
the rate of his new grade reaches this rate of pay.
An employee with five (5) years or more of continuous service,
downgraded in accordance with article 15.05 from a grade to which he
has been assigned, will maintain the rate of pay in effect at time of
downgrade during the life of this agreement.
15.06 An employee who is permanently unable to perform work similar to that
performed prior to his sickness, shall be transferred to fill existing
vacancies at the same grade level, corresponding to his physical
restriction and for which he possesses the qualifications, within the
bargaining unit.
R 15.07 An employee with twelve (12) years or more of union service, who cannot
be placed in accordance with 15.05 and 15.06, shall be placed on a job
corresponding to his physical restriction at the same grade level or
lower, by displacing shorter union service employees within the
business unit. The employee shall receive a one (1) week
familiarization period.
If unable to place the employee, he will be given appropriate work
until he is placed on the next suitable opening, taking into account
his qualifications, union service and physical restriction.
27
R 15.08 An employee with twenty (20) years or more of continuous service,
downgraded in accordance with article 15.07 from a grade to which he
has been assigned, will maintain the rate of pay in effect at time of
downgrade during the life of this agreement.
R 15.09 Should suitable employment not be available, as indicated in paragraphs
15.05, 15.06 or 15.07 or should the employee be unable to meet the
requirement of such employment, the designated manager and the District
Representative shall meet to discuss the pertinent data related to the
problem, with an aim to attempt to retain and gainfully employ the
individual concerned, before any action is taken by the Company.
15.10 The Company and the Union agree to establish a Health and Safety
Committee structured to conform with existing legislation.
15.11 For reasons of safety, when an employee is assigned to perform work in
an isolated area and where it may not be possible for him to request
assistance, the Company agrees to set up proper surveillance in order
to provide help and/or assistance as may be necessary.
15.12 The Company will provide to the district representative a copy of the
Employer's accident reports and, if necessary, a copy of the temporary
assignments.
15.13 Employee Rehabilitation
The Company and the Union acknowledge their joint responsibility to
ensure that employees who are disabled as a result of illness or injury
are given every available opportunity to participate in rehabilitation
programs, including rehabilitative employment.
In order to facilitate access to such programs, members of the Joint
Rehabilitation Committee and appropriate resources shall meet to
identify rehabilitation opportunities.
The Committee shall determine the possibilities for rehabilitation and
provide assistance to employees to ensure a successful integration into
the work environment. The Company will make every effort to facilitate
access to rehabilitation which could involve modifications to the work
schedule, the tools and/or the organization of work. However, such
modifications must not be damaging for the health and safety of other
workers. No privilege granted in this article can have the effect of
giving an employee recall and layoff rights which he would not have had
if he had been at work in regular conditions.
It is agreed that when opportunities for rehabilitation become
apparent, the employee and/or his personal physician shall be advised
of these opportunities.
28
The employee and his physician shall then assess whether the employee
should benefit from the opportunity.
If the employee and his physician decide to take advantage of the
opportunity, the treating physician and/or the employee must consult
the Health Centre to discuss a rehabilitation program. The Health
Centre representative shall meet with the members of the Joint Comittee
to identify rehabilitation opportunities and design a personalized
progressive program.
If a rehabilitation program does not involve rehabilitative employment,
the current conditions for continued S & A or LTD shall be applicable.
If a rehabilitation program involves rehabilitative employment, the
employee will continue to draw Sickness and Accident (S&A) or Long Term
Disability (LTD) Benefits, as the case may be. Earnings from such
employment will be paid in addition to S&A or LTD benefits up to a
level equal to 100% of the base rate plus COLA which the employee would
have earned had he been at work on a full-time basis. If income from
all sources exceed such levels, then S&A or LTD benefits will be
reduced by the amount of income that exceed such 100% level.
When an employee on rehabilitation is at work, he will retain the
rights and privileges that he would normally have as if he would be on
his regular job. It is understood that these rights and privileges must
not be contradictory to the objective and provisions of his
personalized rehabilitation program.
An employee on rehabilitation will have the right to a plant holiday,
in accordance with article 29, so long as the plant holiday falls on a
day when the employee would normally have been at work as per his
personalized rehabilitation program.
In the event that an employee on rehabilitation takes his vacations,
these vacations will be treated as if this employee was normally at
work.
Those employees receiving LTD benefits and participating in a
Rehabilitation Program which entails receipt of rehabilitation earnings
from rehabilitative employment will accrue vacation in connection with
their continuous service and rehabilitation earnings on the following
basis:
Less than three years service 4% of earnings from hours worked
Three (3) to ten (10) years service 6% of earnings from hours worked
Ten (10) to nineteen (19) years service 8% of earnings from hours worked
Nineteen (19) to twenty-nine (29) years service 10% of earnings from hours worked
Twenty-nine (29) years service and above 12% of earnings from hours worked
29
ARTICLE 16 - UNINTERRUPTED PRODUCTION
16.01 During the term of this Agreement and during the period when
negotiations for a further Agreement are in progress, the Company
agrees that there shall be no lockouts, and the Union agrees that there
shall be no slowdown, strike or any other stoppage or interference with
work which would cause any interruption in production.
* ARTICLE 17 - JOB EVALUATION
17.01 The Union agrees that the classification of employees within the
established grades for the various occupations will be in accordance
with the Job Evaluation Plan presently in use in the Company.
(a) A copy of the Hourly Evaluation Plan and all modifications will be
supplied to the Union.
(b) The employee involved and the District Representative will review
the job write-up with the immediate manager to ensure that all
important duties are included, before submission to the Evaluation
Committee for evaluation.
(c) The Company will supply the Union with the same job write-up data
which is submitted by supervision to the Evaluation Committee,
prior to the evaluation.
(d) The evaluation will be completed within thirty (30) working days
following completion of the job description.
(e) Substantiation data of evaluated jobs will be supplied to the
Union.
(f) When a job is re-evaluated, existing job rates shall continue in
effect until the evaluation is completed. Any rate increase
resulting from the evaluation shall be retroactive to the date of
submission of the revised write-up to the Evaluation Committee or
from the date of the submission of a grievance, whichever is
earlier.
(g) The Company agrees to advise the Union in writing, thirty (30)
days in advance of any reduction in the group of an existing job
resulting from evaluation.
(h) The Company agrees to meet with the Union to discuss any
modifications to the Evaluation Plan prior to their introduction.
N 17.02 In the case of a downgrade following a reevaluation, the Company agrees
to maintain the rate of pay of the employees at the time of the
reevaluation, subject to the provisions of Article 37.02.
30
N 17.03 Prior to post a newly created job, the Company agrees to establish a
tentative rate of pay, subject to an evaluation by the Evaluation
Committee within sixty (60) days following the posting. Any rate
increase resulting from this evaluation shall be retroactive to the
date of the selection of the employee(s) selected to fill the newly
created job.
* See also articles 6, 12B, 37 & 38.
* ARTICLE 18 - LEAVES OF ABSENCE
18.01 Maternity
Maternity leave of absence shall be granted to employees subject to the
following conditions:
Prior Notice
a) The employee must notify the Company of her intention to proceed
on maternity leave, in writing, at least three (3) weeks prior to
the commencement of such leave.
This notice must be accompanied by a medical certificate attesting
to the state of the pregnancy and the expected date of birth. The
period of notice may be less than three (3) weeks in cases of
emergency substantiated by a medical certificate.
Term of Leave
b) As of the sixth (6th) week preceding the expected date of birth,
the Company may request the pregnant employee who is still at work
to produce a medical certificate attesting to the fact that she is
fit to work.
c) If the employee refuses or fails to supply the Company with the
said certificate within eight (8) days, the Company may oblige her
to take her maternity leave immediately by giving her a written
notice to this effect.
d) Maternity leave shall be granted for a period of eighteen (18)
weeks or any other period provided by law.
e) Extension of the leave of absence as covered in (d) may be granted
for an additional period of up to thirteen (13) weeks on the
advice of the Company Medical Department.
31
Maternity Leave Allowance
f) Maternity leave allowance will only be paid to those employees who
have continuous service of thirteen (13) weeks or more.
g) The employee who provides proof that she is receiving unemployment
insurance benefits shall be paid for up to fifteen (15) weeks
maternity leave allowance equivalent to 75% of the employee's
weekly base rate less unemployment insurance benefits received by
the employee. Payment of this allowance will cease after the
employee ceases to qualify for unemployment insurance benefits.
h) The employee who is not entitled to receive unemployment insurance
benefits for all or a portion of the fifteen (15) weeks of
maternity benefits, due to having been previously laid off by the
Company shall be paid maternity leave allowance during Maternity
Leave for up to fifteen (15) weeks at a rate equivalent to 75% of
the employee's weekly base rate, less any unemployment insurance
benefits received.
i) The employee who, while employed by the Company, has received
unemployment insurance benefits in connection with maternity leave
and who is subsequently laid off by the Company without having
worked sufficient time to permit maximum entitlement to
unemployment insurance benefits, shall be paid an amount
equivalent to the difference between the remaining amount of
unemployment insurance benefit payable in the 52 week unemployment
insurance entitlement period, and the maximum amount of
unemployment insurance benefit entitlement had the employee not
collected unemployment insurance benefits while on maternity
leave, plus layoff allowance top up.
Return to work
j) The employee must be cleared by the Company Medical Department
before starting work.
k) When an employee is ready to return from a maternity leave of
absence, reinstatement will be in accordance with the appropriate
following procedures:
(i) Employee with a planned maternity leave of absence of up to
eighteen (18) full weeks, or any other period provided by
law, will be reinstated in her former position with all
rights to which she would have been entitled if she had
continued to work.
(ii) If the employee's former position no longer exists upon her
return to work, she shall exercise her bumping rights as if
she had been at work.
32
l) After re-employment, the employee will be credited with her
maternity leave of absence service, prescribed by legislation as
mentioned in d).
m) An employee who fails to return to work at the end of her leave
shall be considered as having resigned from the Company, effective
her last day of work.
R 18.02 Parental Leave
a) Parental Leave for Childbirth
Parental leave of absence shall be granted subject to the
following conditions:
i) Applicable to parents of a newborn child. Leave shall not
exceed fifty-two (52) weeks.
ii) It will commence no earlier than the date of birth. Such
leave shall terminate no later than seventy (70) weeks after
the date of birth.
b) Parental Leave for Adoption
Parental leave of absence shall be granted subject to the
following conditions:
i) Applicable to parents of an adopted child who is not of
school age. Leave will not exceed fifty-two (52) weeks.
ii) It is understood that the employee will furnish evidence of
adoption. The parental leave is not available for the
adoption of a child of the spouse.
iii) It will commence no earlier than the date that the child
comes into custody, care and control of the employee for the
first time and must not terminate later than seventy (70)
weeks from such date. However, in the event that the employee
must be away from work, to travel outside of Quebec, in order
to gain custody of the child, his adoption leave may commence
at that time.
c) Prior Notice
The employee must notify the Company of his intention and
duration of parental leave in writing at least three (3) weeks
prior to the commencement of such leave.
d) Parental Leave Allowance for childbirth
33
i) The following provisions apply to parental leaves, pursuant
to article 18.02 a), for the period of such leave.
ii) Parental leave allowance will only be paid to those employees
who have continuous service of nine (9) months or more.
iii) The employee who provides proof that he is receiving
unemployment insurance benefits shall be paid for up to ten
(10) weeks parental leave allowance equivalent to 75% of the
employee's weekly base rate less unemployment insurance
benefits received by the employee. Payment of this allowance
will cease after the employee ceases to qualify for
unemployment insurance benefits.
iv) The employee who is not entitled to receive unemployment
insurance benefits for all or a portion of the ten (10) weeks
of parental benefits, due to having been previously laid off
by the Company, shall be paid parental leave allowance during
Parental Leave for up to ten (10) weeks at a rate equivalent
to 75% of the employee's weekly base rate, less any
unemployment insurance benefits received.
v) The employee who, while employed by the Company, has received
unemployment insurance benefits in connection with parental
leaves and who is subsequently laid off by the Company
without having worked sufficient time to permit maximum
entitlement to unemployment insurance benefits, shall be paid
an amount equivalent to the difference between the remaining
amount of unemployment insurance benefit payable in the 52
week unemployment insurance entitlement period, and the
maximum amount of unemployment insurance benefit entitlement
had the employee not collected unemployment insurance
benefits while on maternity and/or parental leave, plus
layoff allowance top up.
e) Parental Leave Allowance for adoption
i) Parental leave allowance will only be paid to those employees
who have continuous service of nine (9) months or more.
ii) The employee who provides proof that he is receiving
unemployment insurance benefits shall be paid for up to ten
(10) weeks parental leave allowance equivalent to 75% of the
employee's weekly base rate less unemployment insurance
benefits received by the employee. Payment of this allowance
will cease after the employee ceases to qualify for
unemployment insurance benefits.
34
iii) The employee who is not entitled to receive unemployment
insurance benefits for all or a portion of the ten (10) weeks
of parental benefits, due to having been previously laid off
by the Company, shall be paid parental leave allowance during
Parental Leave for up to ten (10) weeks at a rate equivalent
to 75% of the employee's weekly base rate, less any
unemployment insurance benefits received.
iv) The employee who, while employed by the Company, has received
unemployment insurance benefits in connection with parental
leaves and who is subsequently laid off by the Company
without having worked sufficient time to permit maximum
entitlement to unemployment insurance benefits, shall be paid
an amount equivalent to the difference between the remaining
amount of unemployment insurance benefit payable in the 52
week unemployment insurance entitlement period, and the
maximum amount of unemployment insurance benefit entitlement
had the employee not collected unemployment insurance
benefits while on maternity and/or parental leave, plus
layoff allowance top up.
v) In the instances described in ii) and iii) above, the Company
shall pay during the adoption leave exceeding ten (10) weeks
when no unemployment benefits are being paid, up to five (5)
additional weeks at 75% of the employee's weekly base rate.
f) Return to Work
i) If the parental leave is for a duration of eighteen (18)
weeks or less, the employee will be reinstated in his former
position with all rights to which he would have been entitled
if he had continued to work, including credit for service.
ii) If the leave is for more than eighteen (18) weeks, upon
return, the employee will be assigned to a similar position
or if the position does not exist, he will exercise his
bumping rights in accordance with article 12. For the purpose
of service accumulation, the employee will be credited with
his parental leave of absence.
iii) The employee who does not return to work at the end of his
parental leave is presumed to have resigned effective his
last day at work.
18.03 Jury duty or court attendance
Leave of absence with pay shall be granted by the Company to employees
summoned for jury or court attendance (not as plaintiffs, defendants or
voluntary
35
witnesses). Employees shall report for regular duties while temporarily
excused from attendance at court.
R 18.04 Bereavement
(i) When a death occurs in the immediate family of an employee and
the employee attends the funeral, such employee shall, on
request, be granted a leave of absence not to exceed five (5)
consecutive regular working days during his standard Monday to
Friday work schedule. An employee's immediate family shall be
considered as husband, wife, spouse, son, daughter, mother,
father, mother-in-law, father-in-law, sister, brother,
brother-in-law, sister-in-law, son-in-law, daughter-in-law,
grandparents, grandchildren, foster parents, step-brother,
step-sister, step-child, step-parents, child of current spouse
and legal guardian. Other relatives residing with the employee
shall also be considered as immediate family.
The Company will grant, in accordance with the above, a
bereavement pay allowance, of up to a maximum of three (3) days
during the employee's regular working schedule and restricted to
the period from the date of death to the day immediately
following the funeral inclusively.
(ii) In the event the employee is unable to attend the funeral of a
member of his immediate family, as described in 18.04 i, and a
memorial service is held, he shall be granted, on request, a one
(1) day leave of absence with pay to attend the memorial service.
(iii) Extension to the leave of absence may be granted when an employee
has difficult travel arrangements, long distances to travel, or
all of the responsibility for funeral arrangements.
(iv) Where interment of a deceased member of an employee's immediate
family is delayed, the employee may elect to take up to one (1)
working day from his five (5) day bereavement leave entitlement
to attend the interment.
18.05 Quarantine
An employee required to be absent due to quarantine imposed by duly
constituted health authorities shall be paid for such absence which
shall be treated as absence due to personal sickness.
18.06 Special Leave
An employee who must serve a period of incarceration as a result of
being found guilty of an offence under the "Code de la Route" will be
granted a leave of absence without pay of up to ninety (90) calendar
days in order to serve the period
36
of incarceration. An extension may be granted by the Company. Only one
(1) such leave may be granted during the life of the agreement.
R 18.07 Educational Leave of Absence
1. This paragraph allows an employee to take an authorized
educational leave of absence without pay to further their
knowledge of telecommunications or related technology,
particularly as it applies to the Company's operations.
2. Such leave shall be granted as deemed appropriate by the Company
and taking into account production requirements.
3. To be eligible, an employee must have a minimum of two (2) years
of continuous service and shall apply in writing, no later than
August 1st of each year, stating the reasons for such a request.
4. Normally only one (1) application per twelve-month period shall be
granted.
5. The Company reserves the right to determine the number of leaves
granted to each employee.
6. The duration of each leave of absence granted shall be to a
maximum of twelve (12) months.
7. Employees who successfully complete their courses will be eligible
under the Company's Tuition Refund, with the following exceptions:
. Maximum of $3500 per year.
. Employees will be reimbursed upon successful completion of
courses.
8. Benefits
. Employees who take an authorized educational leave of absence
without pay will have access to the benefits available under
the existing plan applicable to the authorized leave of
absence without pay.
9. Return to work
. Upon return to work, the Union service shall be credited
immediately for the period of the educational leave of
absence.
. Upon return, the employee shall be assigned to a similar
position or if the position does not exist, he shall exercise
his bumping rights in accordance with article 12 or 38.
37
* Refer to articles # 12 and 30.
ARTICLE 19 - VALIDITY
19.01 If for any reason any portion of this Agreement shall be held to be
void and unlawful, it shall not affect the validity of the rest of the
Agreement.
19.02 The Company agrees that existing general privileges not included in
this Agreement will not be withdrawn during the life of this Agreement
without due and sufficient cause and the Company undertakes to advise
the Union of any contemplated changes.
ARTICLE 20 - DEDUCTION OF REGULAR DUES
20.01 During the term of this Agreement, the Company will deduct the regular
Union dues from the wages of all employees covered by this Agreement in
installments.
20.02 When sufficient pay is not available for all other deductions during
the period when deductions are made, no deductions shall be made for
Union dues.
20.03 The Union agrees to keep the Company harmless from any claims against
it by an employee, which arise out of deduction under this Article.
20.04 Dues deduction shall be suspended during the period of an employee's
leave of absence without pay. When the employee is returned to the
payroll, deduction of Union dues shall be automatically resumed.
20.05 Amounts deducted for dues shall be remitted to the Secretary Treasurer
of the Canadian Union of Communication Workers as soon as possible
after the end of each fiscal month. Each remittance shall be
accompanied by a statement showing the amounts of the deductions for
each employee.
20.06 Any change in the amount of monthly Union dues will be certified to the
Company by the Secretary-Treasurer of the Canadian Union of
Communication Workers. A certification in a form acceptable to the
Company which changes the dues shall become effective thirty (30) days
following the date the Company receives such certification.
20.07 Deduction of dues from the employee's paycheck shall commence upon
completion of the first full week of employment with the Company.
ARTICLE 21 - WORK PERFORMED BY SUPERVISORS
R 21.01 The Company agrees that supervisors and salaried employees will not
normally perform work assigned to hourly employees, except for
instructional or
38
experimental purposes, or when competent non-supervisory employees are
not available, or in cases when abnormal conditions arise.
ARTICLE 22 - DISCIPLINARY ACTION
22.01 No employee covered by this Agreement shall be disciplined in any
manner, demoted, suspended or discharged except for just cause.
R 22.02 Any employee who is given a formal warning, being suspended or
discharged shall have his Union Representative present as an observer,
during the disciplinary interview, unless requested otherwise by the
employee. The Union Representative may ask for clarification of
Company statements and facts related to the discipline.
22.03 A formal warning is in effect for a period of fifteen (15) months.
A final warning expires after twelve (12) months of acceptable
performance.
R 22.04 (a) The Company agrees to submit to the Union a copy of the formal
or final warning within three (3) days following the issuing of
the warning. Specific reasons for the warning will be included,
e.g.frequency and dates of tardiness, etc.
(b) With prevention as our objective, the Company agrees to furnish
the Union with a copy when there is a counselling.
22.05 The Company agrees to notify the Union by telephone, to be confirmed
by letter, of those cases in which an employee is being suspended or
separated from the Company. Specific reasons for the suspension or
separation will be included in identifiable brief details as shown
under paragraph 22.04 (a).
* ARTICLE 23 - HOURS OF WORK
23.01 The regular hours of work for all operating locations shall be forty
(40) hours per week.
23.01.01 The standard hours of work shall be as follows:
Regular Shift Operations
8 hours - 1/2 hour lunch
Two Shift Operations
Day Shift: 8 hours - 1/2 hour lunch
Swing Shift: 7 1/2 hours - 1/2 hour lunch
Multiple Shift Operations
39
1st shift - 8 hours - 1/2 hour lunch
2nd shift - 7 1/2 hours - 1/2 hour lunch
3rd shift - 7 1/2 hours - 1/2 hour lunch
Continuous Processes
1st shift - 8 hours - no lunch hour
2nd shift - 8 hours - no lunch hour
3rd shift - 8 hours - no lunch hour
Night Shift
8 hours - 1/2 hour lunch
23.01.02 The Company reserves the right to change from time to time
the starting and stopping time of any regular shift; it is
however agreed to consult with the Union before putting
any such changes into effect.
23.01.03 When extensive workforce reductions would otherwise be
required, it may be found desirable to reduce the
scheduled hours of work below the standard weekly work
schedule to minimize such workforce reductions. Any action
taken in this respect shall be the subject of negotiations
between the Company and the Union. Negotiations thereon
shall take place when requested by either party to this
Agreement and in the event of such negotiations, the new
schedule proposed by the Company may be placed in effect
pending Agreement between the parties.
23.01.04 a) Except in the case of emergency, the Company will give
its employees a forty-eight (48) hour notice for all
shift changes.
b) Overtime hours leading to a shift change will be
governed by article 24.02.
23.02 Seven-day continuous shift configuration
The conditions under which the parties agree to implement a schedule of
working hours, designated as twelve (12) hour shifts.
23.02.01 Hours of work
i) The term "working day" as used in this Collective
Agreement means a regularly scheduled work day of
twelve (12) hours.
ii) The standard schedule for employees on a twelve (12)
hour seven (7) day shift schedule is comprised of
twelve (12) hours of work in a twenty-four (24) hour
period. The standard weekly schedule for employees on
this shift is comprised of days of twelve (12) hours
40
on a three (3) or four (4) day work week depending on the
employee's work schedule.
iii) The regular payroll week for employees on a twelve (12) hour
shift schedule will commence at 7:00 p.m. on Sunday and
terminate at 7:00 p.m. on the following Sunday.
R 23.02.02 Rates of Pay
Regular hours scheduled and worked, in accordance with the twelve
(12) hour shift schedule, will be paid at straight time rates.
The weekly average standard schedule is forty-two (42) regular
hours worked.
A premium of $4.00 per hour will be paid for all scheduled hours
worked during the regular shift on Saturdays, provided that such
hours are not paid on an overtime basis.
A premium of $5.00 per hour will be paid for all scheduled hours
worked during the regular shift on Sundays, provided that such
hours are not paid on an overtime basis.
23.02.03 Off-shift differential
Off-shift differential will be paid for all the hours worked
between 3:00 p.m. and 7:00 a.m.
23.02.04 COLA Premium
COLA premium is paid based on forty-two (42) hours.
23.02.05 Overtime Payment
a) A rate of 1 1/2 times the hourly rate shall be paid:
i) for the first eight (8) hours worked if an employee is
notified that he is required to work on his designated
day of rest, double time will be paid for the following
hours worked. This provision shall not apply in the
case where an employee's schedule is changed to another
shift or to a new working schedule which provides
alternative day(s) of rest.
b) A rate of double time will be paid:
41
i) for the first four (4) hours worked in excess of twelve
(12) regular hours during the twenty-four (24) hour
interval from the beginning of an employee's schedule
shift.
ii) for all hours worked on a plant holiday, as described
in Article 29.
23.02.06 Bereavement
In accordance with article 18.04.
Plant holidays (as defined in Article 29).
Employees on a twelve (12) hour work schedule will be paid twelve
(12) hours for each statutory holiday, as per Article 29. Between
Christmas and New Year however, employees will be paid an
equivalent of eight (8) hours for each of the five (5) plant
holidays during this period.
23.02.07 Vacation
Vacation will be calculated on the basis of twelve (12) hours:
2 weeks = 7 days of 12 hours
3 weeks = 10 days of 12 hours
4 weeks = 14 days of 12 hours
5 weeks = 17 days of 12 hours
6 weeks = 21 days of 12 hours
23.02.08 Sickness and Accident Plan
Those employees with less than ten (10) years service will be
treated according to the 8-8 rule. For the first day of sickness,
all shall receive the equivalent of four (4) hours paid.
If an employee works more than six (6) hours, he/she shall be
paid for those hours worked and that day will not be treated as a
day of absence. If an employee works less than six (6) hours and
must leave due to sickness and/or accident, he/she will be paid
for those hours worked and that day will be treated as a day of
absence. If an employee works less than four (4) hours and must
leave due to accident and/or sickness, he/she shall be paid the
equivalent of four (4) hours worked.
23.03 Six-day continuous shift configuration
42
The conditions under which the parties agree to implement a schedule
of working hours, designated as twelve (12) hour shifts.
23.03.01 Hours of work
i) The term "working day" as used in this Collective
Agreement means a regularly scheduled work day of
twelve (12) hours.
ii) The standard schedule for employees on a twelve (12)
hour shift schedule is comprised of twelve (12) hours
of work in a twenty-four (24) hour period. The
standard weekly schedule for employees on this shift
is comprised of three (3) days of twelve (12) hours:
(Monday, Tuesday, Wednesday) and (Thursday, Friday,
Saturday).
iii) The regular payroll week for employees on a twelve
(12) hour shift schedule will commence at 7:00 p.m. on
Sunday and terminate at 7:00 p.m. on Saturday.
R 23.03.02 Rates of Pay
Regular hours scheduled and worked, in accordance with the
twelve (12) hour shift schedule, will be paid at straight
time rates. The weekly standard schedule is thirty-six (36)
regular hours worked.
A premium of $4.00 per hour will be paid for all scheduled
hours worked during the regular shift on Saturdays,
provided that such hours are not paid on an overtime basis.
23.03.03 Off-shift differential
Off-shift differential will be paid for all the hours
worked between 3:00 p.m. and 7:00 a.m.
23.03.04 COLA Premium
COLA premium is paid based on thirty-six (36) hours.
23.03.05 Overtime Payment
a) A rate of 1 1/2 times the hourly rate shall be paid:
i) for the first eight (8) hours worked if an
employee is notified that he is required to work
on his designated day of rest, double time will be
paid for the following hours worked. This
rovision shall not apply in the case where an
employee's
43
schedule is changed to another shift or to a new working
schedule which provides alternative day(s) of rest.
b) A rate of double time will be paid:
i) for the first four (4) hours worked in excess of twelve
(12) regular hours during the twenty-four (24) hour
interval from the beginning of an employee's schedule
shift.
ii) for all hours worked on Sunday (outside the standard
schedule), that is from Saturday 7:00 p.m. to Sunday 7:00
p.m.
iii) for all hours worked on a plant holiday, as described in
Article 29.
23.03.06 Bereavement
In accordance with article 18.04.
Plant holidays (as defined in Article 29).
Employees on a twelve (12) hour work schedule will be paid twelve
(12) hours for each statutory holiday, as per Article 29. Between
Christmas and New Year however, employees will be paid an
equivalent of eight (8) hours for each of the five (5) plant
holidays during this period.
23.03.07 Vacation
The vacation entitlement will be calculated in terms of twelve
(12) hours, i.e.:
2 weeks = 2 x 3 days of 12 hours
3 weeks = 3 x 3 days of 12 hours
4 weeks = 4 x 3 days of 12 hours
5 weeks = 5 x 3 days of 12 hours
6 weeks = 6 x 3 days of 12 hours
For the purpose of vacation entitlement, thirty-six (36) hours is
equivalent to thirty-eight (38) hours paid.
23.03.08 Sickness and Accident Plan
Those employees with less than ten (10) years service will be
treated according to the 8-8 rule. For the first day of sickness,
all shall receive the equivalent of four (4) hours paid. If an
employee works more than six (6) hours, he/she shall be paid for
those hours worked and that day
44
will not be treated as a day of absence. If an employee
works less than six (6) hours and must leave due to sickness
and/or accident, he/she will be paid for those hours worked
and that day will be treated as a day of absence. If an
employee works less than four (4) hours and must leave due
to accident and/or sickness, he/she shall be paid the
equivalent of four (4) hours worked.
See also letter of intent #7.
* ARTICLE 24 - OVERTIME GENERAL PROVISIONS
24.01 Employees shall receive regular holiday pay in addition to double time for
all hours worked on a plant holiday.
24.02 Except in the case of emergency, employees may request to be excused from
working overtime providing such employees have a legitimate reason for
being excused. Such legitimate reasons shall not be unreasonably denied
and the Company agrees that, except in the case of emergency, employees
who are required to work overtime, shall be so advised at least
twenty-four (24) hours prior to the start of the overtime to be worked.
When possible, the Company will schedule overtime on a voluntary basis.
Overtime in excess of eight (8) hours per week is voluntary. Saturday
overtime in any one week is voluntary for any employee who has already
worked six (6) hours or more overtime in that week; this is not to be
construed as circumventing the employee's right to request consideration
to be excused from working overtime.
24.03 Every effort will be made to avoid the necessity for working overtime on
Plant Holidays and employees will not be obligated to work on such days.
When it is considered necessary to schedule holiday work, the Union will
be notified as soon as possible. This does not apply to employees whose
normal schedule requires them to work on a holiday.
24.04 The opportunity for overtime work shall be offered equally to those
employees normally engaged on the work involved insofar as it is
practical.
24.05 In the case of a grievance, the Union Representative shall have access to
the records in respect of overtime hours.
In the event that an inequity is discovered, the grieving employee will be
given the opportunity to work the lost overtime hours within a period of
six (6) weeks. This six (6) week period will commence upon receipt of a
written grievance at the second step. In a case where this is not
possible, the employee will be compensated for hours lost at the
applicable rate.
45
Should it be that because the employee is normally required to work
overtime during that same period of time, and as a consequence, the
make-up overtime cannot be offered to the individual, then the overtime
lost will be paid to the individual.
If a similar oversight occurs again, with any employee, within a period of
three (3) months, within the same first-level managers' organization, the
employee shall be compensated for hours lost at the applicable rate as
soon as the inequity is discovered.
24.06 When by mutual agreement, working conditions are changed so that there
shall be an extended shutdown of operations in conjunction with a plant
holiday or for some other special reason, it is understood and agreed that
all time worked to provide for loss of production, as a result of such
shutdown, shall be at straight time rates and that no overtime shall be
paid irrespective of any agreement made as contained in all other
paragraphs of this Article. The signature of one of the officers of the
Union and the designated management representative on the Company notice
announcing such change, shall constitute agreement in accordance with the
above.
See also letter of agreement #12.
* ARTICLE 25 - OVERTIME
25.01 This article applies to all employees except for employees on a twelve
(12) hour schedule.
25.01.01 The number of straight time hours in any one shift shall not
exceed eight (8) hours.
25.01.02 Overtime shall be paid for all time worked in excess of the
standard hours of the assigned shift (not including overtime
hours) in any twenty-four (24) hours, Monday to Saturday
inclusive.
Overtime will be paid for all hours worked in excess of the
standard hours of the assigned shift during the interval of time
from 7:00 a.m., 7:30 a.m. or 8:00 a.m. depending on the start of
the shift of any one day to the end of the third shift of the
same day. An employee who is required to report to work prior to
the start of his regular shift, will be given the opportunity to
work the full hours of his regular shift.
25.01.03 Employees shall be paid for overtime.
a) One and one-half times their hourly rate for hours worked in
excess of the standard hours of their assigned shift but not
in excess of twelve (12) hours on any one shift.
46
b) Twice their hourly rate for hours worked in excess of twelve
(12) hours on any one shift.
c) One and one-half times their hourly rate for all time worked
(double (2) time after 8 hours) in the twenty-four (24)
hours of Saturday.
i) For first and second shift employees, Saturday will be
from midnight Friday to midnight Saturday.
ii) For third shift employees whose work-week commences
Monday night, Saturday will be from 7:00 a.m., 7:30
a.m. or 8:00 a.m. Saturday to 7:00 a.m., 7:30 a.m. or
8:00 a.m. Sunday depending on the shift start time.
iii) For third shift employees whose work-week commences on
Sunday night, Saturday will be from 11:00 p.m., 11:30
p.m. or midnight Friday to 11:00 p.m., 11:30 p.m. or
midnight Saturday, depending on the shift start time.
d) Twice their hourly rate for all time worked in the
twenty-four (24) hours of Sunday.
i) For first and second shift employees, Sunday will be
from midnight Saturday to midnight Sunday.
ii) For third shift employees, whose work-week commences
Monday night, Sunday will be from 7:00 a.m., 7:30 a.m.
or 8:00 a.m. Sunday to 7:00 a.m.,7:30 a.m., or 8:00
a.m. Monday depending on the shift start time.
iii) For third shift employees whose work-week commences on
Sunday night, Sunday will be from 11:00 p.m.,11:30 p.m.
or midnight Saturday to 11:00 p.m., 11:30 p.m. or
midnight Sunday, depending on the shift start time.
25.01.04 An employee who commences work on an assignment during the hours
of his regular shift and continues to work without interruption
into the hours of his regular shift of the following day shall
continue to be paid on an overtime basis.
Periods of less than four (4) hours will not be considered as an
interruption.
25.01.05 Administration
47
It is understood and agreed by both parties that the Company
intends administering the provisions of the second paragraph
of this article as follows:
a) Reference to voluntary overtime in excess of eight (8)
hours per week applies to work performed on Saturdays
only.
b) Overtime worked during the regular work week is
understood to be limited to six (6) hours per week,
i.e., three (3) overtime hours on any two (2) regular
work days.
c) In the case of overtime required on continuous process
operations, the number of overtime hours on any shift
will be four (4) hours.
25.01.06 Break periods
The Company agrees that employees will not be required to
take a lunch break prior to commencement of overtime
following completion of their regular shift.
This agreement is dependent on the requirements that
uniformity of application must exist in order to enable the
Company to maintain an efficient operation. Should for any
reasons, employees demand a lunch break in a specific
department, then it will be necessary to terminate this
agreement as it applies to such department.
25.01.07 Cancelled Overtime
In the case where scheduled overtime is cancelled, and
subsequently another employee, who does not normally work on
the specific job, is requested to carry out the overtime
work, then the lost overtime shall be paid to the employee
who normally would have performed the work. Such payment
shall be made within the pay period following the discovery
of the inequity.
See also letter of agreement #12.
ARTICLE 26 - ATTENDANCE INCENTIVE
N 26.01 On December 15th of each year, the Company will pay to the employees an
amount equivalent to sixteen (16) times their regular hourly rate.
Also, if the employee has had no absence during the year, he/she will
get an additional payment equivalent to sixteen (16) times his/her
regular hourly rate.
48
R 26.02 For employees who are not active employees on December 15th, the
payment will be calculated as per the weeks worked after December 15th
of each year.
N 26.03 Sickness absences of fifteen (15) days or more will be treated in
accordance with the Sickness and Accident plan in effect at the
ratification of the Agreement.
N 26.04 The actual Sickness and Accident plan will be modified in order to
respect the 8-8 rule (8 hours without pay for employees with 10 years or
more service; 16 hours without pay for employees with less than 10 years
service.)
Finally, the Sickness and Accident plan will be modified so that a
medical certificate will be required for absences exceeding 24 working
hours.
ARTICLE 27 - OFFSHIFT DIFFERENTIAL
27.01 The offshift differential will be $0.88 per hour from date of
ratification. Employees working on second or third shift operations
shall receive offshift differential for hours worked.
ARTICLE 28 - MINIMUM COMPENSATION
R 28.01 When an employee is called during his offtime to report for a work
assignment outside his standard daily or weekly work schedule and within
a twenty-four (24)-hour delay, it shall be considered a "called-in"
emergency. However, when an employee is requested to remain late on a
day on which he has reported for work or, when prior to leaving work, an
employee is requested to report for work on a subsequent day at either
his standard or non-standard starting time, it shall not be considered a
"called-in" emergency.
28.02 When an employee is required to make extra trips from his residence to
place of work and returns as a result of a "called-in" emergency, he
shall be paid for two (2) hours' travelling time at straight time rates
and shall receive overtime for any time worked.
When an employee reports to work on a "called-in" emergency, he shall
receive overtime for any time worked, or a minimum of four (4) hours'
pay at the employee's base rate whichever is greater.
28.03 When the "called-in" emergency does not require extra trips but does
involve reporting earlier than the starting time of his standard daily
work schedule, one (1) hour's travelling time shall be paid and the
employee shall receive overtime for time worked prior to his standard
starting time.
28.04 Any employee who reports to work as usual and is sent home because no
work is available shall be paid the equivalent of four (4) hours' work
at his daywork rate
49
provided such lack of work is not caused by power failure or any other
event beyond the control of the Company.
28.05 Any employee required to work overtime on annual inventory will be
guaranteed four (4) continuous hours of overtime work.
28.06 An employee loaned out on a job assignment outside of the Montreal area
and vicinity, and travelling with the Company's authorization will:
a) Travel during regular working hours.
b) When job requirements demand that the employee travels out of regular
working hours, he will be paid at straight time rates for all travel
time between 6:00 a.m. and midnight.
c) Authorized trips home while on assignment should be planned to give
the employee maximum time at home, (i.e. arrive at home 6:00 p.m.
Friday - leave home 6:00 a.m. Monday).
28.07 Whenever a major snowstorm occurs and the Company is unable to operate in
a normal manner because a limited number of employees have reported for
work and there is no power failure, employees who report for their
scheduled shift will be assigned, at the discretion of the Company, to any
available work at their regular rate of pay for the balance of their
shift. If the Company does not assign them to work but sends them home,
they shall be paid four (4) hours of their regular rate of pay.
ARTICLE 29 - PLANT HOLIDAYS
29.01 Employees who are not required to work on the undernoted Plant Holidays
will be paid for eight (8) hours at their hourly rate, provided that these
holidays are officially observed on a day on which an employee would
normally work, and provided that the employee receives pay for the working
day preceding or the working day following a holiday. This shall not apply
where an employee receives pay from the Company for such day for any other
reason. Different provisions for plant holidays are in Article 23.
R 29.01.01 - In 2001, the Plant Holidays will be fourteen (14) days as
follows:
Good Friday April 13
Victoria Day May 21
National Holiday June 24
Canada Day July 01
Labour Day September 03
Thanksgiving October 08
50
December 24, 25, 26, 27, 28, 31, January 1 and 2, 2002.
R 29.01.02 - In 2002, the Plant Holidays will be as follows:
Good Friday March 29
Victoria Day May 20
National Holiday June 24
Canada Day July 01
Labour Day September 02
Thanksgiving October 14
December 23, 24, 25, 26, 27, 30, 31, January 1, 2003.
R 29.01.03 - In 2003, the Plant Holidays will be as follows:
Good Friday April 18
Victoria Day May 19
National Holiday June 24
Canada Day July 01
Labour Day September 01
Thanksgiving October 13
December 24, 25, 26, 29, 30, 31, Jan.1 and 2, 2004.
R 29.01.04 - In 2004, the Plant Holidays will be as follows:
Good Friday April 09
Victoria Day May 24
National Holiday June 24
Canada Day July 01
Labour Day September 06
Thanksgiving October 11
December 24, 27, 28, 29, 30, 31, Jan. 3, 2005 and Feb.14*,
2005.
R 29.01.05 - In 2005, the Plant Holidays will be as follows:
Good Friday March 25
Victoria Day May 23
National Holiday June 24
Canada Day July 01
Labour Day September 05
Thanksgiving October 10
December 26, 27, 28, 29, 30, January 2 and 3, 2006 and
Feb.12*, 2006.
51
* If Federal/Provincial Governments proclaim any new legal holiday (e.g.
Heritage Day), such day will supplant the fourteenth day.
29.02 When any of the above plant holidays falls on a Saturday or a Sunday, a
compensating day off will be granted on the first succeeding work day.
29.03 When a plant holiday falls on an employee's day off on any day Monday to
Friday inclusive, such employee shall either receive an extra day off
with pay or pay in lieu thereof at the discretion of the Company. Plant
Holidays falling on Saturday shall be treated as ordinary days for pay
purposes.
29.04 When a plant holiday occurs on a regular working day during an
employee's vacation, the employee shall be entitled to one extra day as
vacation with pay.
29.05 In order to determine plant holiday pay treatment, the day on which a
shift starts shall govern all the hours of that shift.
29.06 The conditions for the six (6) and seven (7) day schedules are covered
in Article 23.
* ARTICLE 30 - VACATIONS
30.01 Employees will become eligible for vacation with pay each year based on
their continuous service with the Company as of June 30th of the
current year, as follows:
One (1) full working month but less than two (2) full working months 1 day
Two (2) months three (3) 2 days
Three (3) four (4) 3
Four (4) five (5) 4
Five (5) six (6) 5
Six (6) seven (7) 6
Seven (7) eight (8) 7
Eight (8) nine (9) 8
Nine (9) ten (10) 9
Ten (10) twelve (12) 10
Vacation pay, under this section, for employees with less than one (1) year of
continuous service, shall be computed on the basis of eight (8) hours at the
employee's rate for each day of vacation.
R 30.02 Less than 3 years of continuous service According to CSD 4%
After 3 years of continuous service
but less than 10 years service - three (3) wks 6%
After 10 years of continuous service
52
but less than 18 - four (4) wks 8%
After 18 years of continuous service
but less than 28 - five (5) wks 10%
After 28 years of continuous service - six (6) weeks. 12%
30.02.01 Employees who complete service of: three (3) years, ten (10)
years, eighteen (18) years, twenty-eight (28) years, after
June 30th in the calendar year shall be entitled to vacations
in accordance with paragraph 30.02.
R 30.03 When an employee has been absent without pay for an accumulated period
in excess of sixty (60) days, his vacation shall be reduced in
accordance with the following table for each thirty (30) days of
absence in excess of sixty (60) days:
Reduction in
Continuous Service Vacation credit
Twelve (12) months but less than three ( 3) years 1 day
Three ( 3) years but less than ten (10) 1-1/2 days
Ten (10) years but less than nineteen (18) 2 days
Eighteen (18) years but less than twenty-nine (28) 2-1/2 days
Twenty-eight (28) years and over 3 days
30.04 Former employees who are laid off and recalled during the vacation year
shall have their vacation entitlement calculated, as per letter of
understanding # 11.
However, if the accumulated vacation credits from their return to work
are less than those which the employees would be entitled to, according
to continuous service as at June 30th of the reference year, such
employees will be given the opportunity to take the difference as time
off without pay.
30.05 When a weekly or monthly rated employee is transferred to an hourly
rate, the vacation period shall be based on his status as of June 30th
in the current year.
R 30.06 The weekly rate of pay for vacation for employees shall be computed as
follows:
The vacation pay of every employee will be based on his/her average
weekly earnings during the reference period (or part of reference
period), from July 1st to June 30th of every year and according to the
percentages stated at Article 30.02.
R 30.07 The first two weeks that fall completely in August shall be considered
as the Standard Vacation Period during which the plant will be shut
down insofar as possible, but wherever practical, the Company will
provide work for those employees who are not eligible for vacation
under this plan.
53
30.07.01 Wherever practical, vacations will be given during the
last two (2) weeks in July and the first two (2) weeks in
August. The Company reserves the right to select employees
from those eligible for vacation to work during this
period, such employees will take their vacation at such
other time as may be arranged. In circumstances other than
emergency, when an employee is required to take his
vacation outside the Standard Vacation Period, he shall be
notified at least ninety (90) days prior to the
commencement of the Standard Vacation Period.
30.07.02 Employees entitled to more than two (2) weeks of vacation
in the current year may be permitted to take such
additional weeks of vacation in the succeeding year,
provided such action does not interfere with the Company's
operations. Any such delayed vacation must be completed
not later than May 31st of such succeeding year.
30.08 Vacation allowance to employees on termination of service
Employees whose service is terminated, except in the case of discharged
employees, will receive their accrued vacation pay with C.O.L.A. under
the Company's plan at time of termination of service.
However, when an employee proceeds on vacation prior to pension but
before the end of the reference period, pay shall be calculated based
on the flat rate and will be readjusted following the end of the
reference period.
R 30.09 The following rules relating to vacation shall apply:
A) Rescheduling of vacation at the Company's request
When vacation has been scheduled and then rescheduled at
Company's request and where an employee has been unable to
take the rescheduled vacation because of sickness or accident
disability, the Company may buy back the unused rescheduled
vacation at vacation rates (calculated on the reference
period), or grant such vacation after May 31st of the
succeeding year, provided such delayed vacation is completed
not later than June 30th of such succeeding year.
B) Rescheduling of vacation due to disability
If, while on vacation, an employee is hospitalized for a
period of over 3 vacation days or suffers a major disability
which incapacitates him for over 3 vacation days, the employee
may request a re-scheduling of vacation days lost.
54
Upon submission of satisfactory proof by the employee, such as
a written hospital report or a written medical report by the
treating physician, the Company Health Centre may approve the
request based on the review of circumstances of the case. If
approved, the Company Health Centre will advise the employee's
supervisor who will arrange the new vacation schedule dates.
C) Accrued vacation - Employee recalled
In the case where an employee is laid-off and recalled to work
before receiving a pay cheque for accrued vacations, the
Company shall take the necessary steps to cancel the said
cheque, unless the employee expresses the desire to accept it.
R 30.10 For purposes of application of Article 30.06, the Company agrees to
maintain the existing following practice:
"If the 52 weeks used for average earnings, meaning the reference
period from July 1st to June 30th, include Company sickness and
accident disability benefits at the rate of 66-2/3%, such benefits
are built up to the equivalent of 8 or 12 (depending on the work
schedule) hours times base rate for each day of such benefits
before computing average weekly earnings."
Moreover, the Company agrees that for the application of the practice
mentioned above, the same treatment will be applied for short-term
disability employees at the rate of 90% and for employees receiving
benefits as per the Act respecting Industrial Accidents and
Occupational Disease.
Any other more advantageous modification brought to this administrative
practice will have precedence over the preceding practice.
See also letter of understanding # 11.
ARTICLE 31 - PENSION PLAN AND OTHER BENEFITS
31.01 The Company will provide a Pension Plan and Other Benefits as fully
described in the Pension/Benefits Appendix to this Agreement.
31.02 The Company agrees that, during the life of the current Agreement,
there will be no reduction in the benefits provided by certain
Company-wide programs.
ARTICLE 32 - PRODUCTION STANDARDS
32.01 When an employee fails to meet the output rates established in new or
revised production standards, the Company practice of adjusting staff
and re-examining
55
lay-out, methods, materials and other related factors will be followed
in an attempt to correct the problem. Should the employee continue to be
unable to meet the required output, the Company will arrange a meeting
with the Union Representative to discuss the pertinent data related to
the problem before any further action is taken by the Company.
* ARTICLE 33 - COST OF LIVING ALLOWANCE
R 33.01 The Statistics Canada February 2001 Consumer Price Index (1992 base)
published in March 2001 (115.2) will be the base for all calculations of
the cost of living allowance.
R 33.02 The amount of the Cost of Living Allowance will be calculated on
changes, upward or downward, in the Consumer Price Index (1992). This
calculation will be in accordance with the following schedule:
Published in (and
payable in the
CP Index for first pay period
the month of thereafter) COLA Formula
2001 August September $0.01 for each 0,0679
November December change in the CPI (1992
2002 February March base)
2002 May June $0.01 for each 0,0679
August September change in the CPI (1992
November December base)
2003 February March
2003 May June $0.01 for each 0,0679
August September change in the CPI (1992
November December base)
2004 February March
2004 May June $0.01 for each 0,0679
August September change in the CPI (1992
November December base)
2005 February March
2005 May June $0.01 for each 0,0679
August September change in the CPI (1992
November December base)
2006 February March
56
2006 May June $0.01 for each 0,0679
change in the CPI (1992
base)
The adjusted Cost of Living Allowance will be paid from the beginning
of the pay period following publication of the index.
In no event will a decline in the Consumer Price Index (1992) below the
base figure published in March 2001 (115.2) result in a reduction in
the negotiated wage scales.
Furthermore, no change, retroactive or otherwise, will be made due to
any revision in any published Statistics Canada Consumer Price Index
figures.
R 33.03 The cost of living allowance payable under the prior agreement
has been folded into all wage schedules as follows:
a) Effective date of ratification, $0.40 of the $2.05 (June 2001)
has been folded into all schedule rates and the remaining $1.65
per hour shall continue to be paid in addition to wage rates.
b) Effective June 10, 2002, an additional $0.40 of the $2.05 has
been folded into all schedule rates and the remaining $1.25 per
hour shall continue to be paid in addition to wage rates.
c) Effective June 10, 2003, an additional $0.45 of the $2.05 has
been folded into all schedule rates and the remaining $0.80 per
hour shall continue to be paid in addition to wage rates.
d) Effective June 10, 2004, an additional $0.40 of the $2.05 has
been folded into all schedule rates and the remaining $0.40 per
hour shall continue to be paid in addition to wage rates.
e) Effective June 10, 2005, an additional $0.40 of the $2.05 has
been folded into all schedule rates.
R 33.04 Continuation of the allowance is dependent upon the availability of the
official monthly Statistics Canada Consumer Price Index (1992 base)
calculated on the same basis and in the same form as that published in
March 2001.
33.05 Employees shall receive Cost of Living Allowance for all hours worked.
The following are considered as worked hours:
- Straight time hours worked
- Overtime hours actually worked (excluding overtime allowance hours)
- Plant Holidays
- Vacation Hours paid for
57
- Bereavement time paid for
- Jury Duty or Court Attendance time paid for.
See also article 30.
ARTICLE 34 - WAGE ADMINISTRATION PLAN
GROUPS B-E INCLUSIVELY
MONTREAL AREA
34.01 Hiring Rate
34.01.01 A newly hired employee will be started at the entry rate
for the assigned group and will follow the progression
schedule of the group as per Article 39.
34.02 Rerating after upgrading
34.02.01 An employee who is upgraded will be placed on the group
rate of the new job effective at the beginning of the
payroll period immediately subsequent to the date of the
upgrade.
34.02.02 An employee upgraded to fill a temporary vacancy, caused
through vacation, emergency requirements, or temporary
fluctuations in workload, will be rerated to the group
rate of the new job effective at the beginning of the
payroll period immediately subsequent to the date of such
temporary assignment to the higher group. (When the
temporary assignment is completed, the employee will be
downgraded and derated in accordance with paragraph
34.03.02).
34.02.03 An employee reinstated or upgraded to a former group will
be rerated to the group rate, effective at the beginning
of the payroll period immediately subsequent to the date
of reinstatement.
34.03 Rerating after downgrading
34.03.01 When an employee is downgraded, he will be derated to the
group rate of the lower group at the beginning of the
payroll period one month after the date of downgrading.
34.03.02 An employee downgraded following a temporary assignment
will be derated to the group rate of his former group at
the beginning of the payroll period immediately subsequent
to the date of downgrading.
58
ARTICLE 35 - PRODUCTION TECHNICIANS
If during the life of the collective labour agreement the Company hires
production technicians, the Company and the Union shall negotiate the working
conditions and salaries for this group of employees.
ARTICLE 36 - WAGE ADMINISTRATION PLAN
APPRENTICES A1 AND A2 - MONTREAL AREA
36.01 Apprentices A1 and A2 will commence at the rate to be determined by
means of entrance qualifying exams administered by an independent
source and will advance on a progression schedule, (defined in article
40). Progression through the grades will take place by means of
qualifying exams (practical and theoretical).
36.02 A new employee who passes the qualifying exams for a grade A3 level job
for which he applies, will start at grade A1. After 2,000 hours, he
will be reclassified at A2 and after 4000 hours, he will be
reclassified at grade A3, if he possesses the licences, or when he
possesses them.
36.03 Apprentices A1 and A2 who have reached a progression step shall remain
at their current grade level until they have passed the qualifying
exams for the next grade level as outlined in the job description for
their trade.
36.04 Apprentices A1 and A2 who have passed their qualifying exams as in
paragraph 36.03 above, will be rerated to the appropriate trades
classification retroactively to the date of their reaching the
progression step providing such qualifying exams are passed under
normal circumstances within three (3) months of said date.
36.05 Apprentices A1 and A2 who have been at a progression step rate for
three (3) months and have failed the qualifying exams, as outlined in
paragraph 36.03 above, shall be granted a three (3) month extension in
order to pass the qualifying exams.
An extension could be given to an employee who, for reasons out of his
control, cannot meet the delays prescribed.
Apprentices A1 and A2 who pass the qualifying exams during the
extension period shall be rerated to the appropriate trades
classification retroactive to the start of their extension period.
Failure to pass the qualifying exams during the extension period could
result in removal of these employees from the apprentice A1 or A2
category and these employees could either be relieved or transferred to
a non-trade assignment if vacancies are available. The Company will
arrange a meeting with the Union
59
representative to discuss the pertinent data related to the problem
before any action is taken by the Company.
ARTICLE 37 - RATE PROTECTION
37.01 Rate Protection due to the Effect of Lack of Work or Job Re-Evaluation
Employees with five (5) years or more of continuous service downgraded
through no fault of their own, from a group to which they were
assigned, will maintain the rate of pay in effect at time of downgrade
during the life of this agreement.
During the protection period, employees will be granted rate
adjustments resulting from contract negotiations based on the group
held prior to the downgrade.
R 37.02 Rate Protection will only cease under the following conditions:
a) Downgrade to any group at employee's own request.
b) Refusal to take a higher graded job up to the protected group
where the incumbent possesses the qualifications for that job.
When such a job becomes available, the Company will notify the
employee in writing, with copy to the union.
c) Failure to meet job requirements, if assigned to a similar job
and given a period of orientation.
d) Refusal to accept his former job(s) or failure to meet the job
requirements of his former job(s) up to the protected group
level.
37.03 Prior to the removal of rate protection from an employee under
sub-sections (b), (c) or (d), the Company will arrange a meeting with
the Union Representative to discuss the pertinent data related to the
problem before any further action is taken by the Company.
37.04 Rate Protection - Recall
Employees with ten (10) years or less of continuous service who return
from a lay-off in excess of one (1) year shall return to the rate of
pay for the assigned group.
Employees with more than ten (10) years of continuous service who
return from a lay-off in excess of two (2) years shall return to the
rate of pay for the assigned group.
Employees returning from elected lay-off shall return to the rate of
pay for the assigned group.
60
* ARTICLE 38 - SKILLED TRADES
38.00 This article is aimed to complete and clarify the work conditions
related to skilled trades group but not to restrict or reduce the
impact of the rest of the collective agreement for this group.
R 38.01 When found necessary, the Company will establish in consultation
with the Union an evaluation and training program, in any of the
following skilled trade competency fields:
Toolmaking-Machining Calibration
Electro-Electrical Mechanic machine fix (mechanical pit)
Mechanical
Plumbing, HVAC
38.02 For purposes of filling a skilled trades vacancy, a trades employee who
transfers back to the bargaining unit, after an absence of less than
three (3) years, shall have his service with the Company credited as
Union service immediately. If the trades employee returns to the
bargaining unit, after an absence of more than three (3) years, he will
be credited immediately with prior Union service in the bargaining
unit. After one (1) year in the bargaining unit, the Union service of
the trades employee affected will be adjusted on the basis of full
Company continuous service.
38.03 When lack of work necessitates decreasing the skilled trades work
force, A3 trades employees will be retained first in preference to
apprentices, A1 and A2 employees in that sequence.
38.04 The Company will provide opportunities, when the need arises, to all
available trades employees to keep abreast of technological advances in
their trades. The opportunity for such training will be given to those
employees provided they are willing and have the prerequisite academic
qualifications or the relevant experience to be so trained.
Trades employees who require specialized training will be chosen at the
Company's discretion. Other employees of the same trade group will
receive the same training within a reasonable amount of time not
exceeding six (6) months. If necessary, a six (6) month extension
period will be granted to complete such training following prior
discussion between the Company and the Union.
A letter will be sent to the Union listing the names of the candidates
selected prior to them proceeding on course; such a list will also
include the names of those employees who refused offered training.
61
38.05 The Company shall limit the use of outside contractors and will advise
weekly (on Thursday) for the next week, in writing, the district
representative. Such notice will describe the nature of work and the
number of outside contractors by trade.
Outside contractors will not perform work normally performed by trades
employees while any such trades employees immediately available to do
the work are surplus, about to be laid off or are on layoff. This
restriction will not apply to work assignments of limited duration (5
days).
No contractor (journeyman) will get a job in the bargaining unit before
it is offered to employees laid off or about to be laid off.
* See also article 24 re: overtime.
38.05.01 Whenever possible, the Company will endeavour to have
skilled trades work performed by Company skilled
tradesmen. Consequently, work requests initiated by
technology or engineering of manufacturing groups will be
channeled through a designated trades department manager,
prior to such work being contracted to outside suppliers.
The Union must be advised prior to such work being sent
outside.
38.06 Emergency "call-in"
In reference to articles 28.02 and 28.03:
i) When a trades employee reports to work on a "called-in"
emergency, he shall receive overtime for any time worked, or a
minimum of four (4) hours pay at the employee's base rate
whichever is greater.
ii) A trades employee who is called in, due to emergency, to work
outside his regular shift and continues to work into his regular
shift shall continue to be paid at his overtime rate until the
completion of the work on the emergency assignment and will then
revert back to his standard hourly rate for the balance of his
regular shift.
38.07 The Company will repair or replace tools which the trades employee can
show were broken, damaged or worn during the proper use of such tools
in the performance of Company duties. In addition, the Company will
replace stolen tools provided that the tradesman has taken reasonable
precautions to prevent such losses.
38.07.01 The Company will continue to provide annually appropriate
wearing apparel to tradesmen. Damaged wearing apparel will
be repaired or replaced by the Company provided that
trades employees can show that it was damaged during
proper use in the performance of their duties.
62
38.08 a) Company employees, other than skilled trades personnel, shall not
perform work normally assigned to trades employees.
b) The Company agrees to consult with the Union, wherever any changes
to skilled trades work is contemplated.
38.09 An apprentice A1, A2 or A3 who is obligated to pass an examination to
qualify as a trades employee or a trades employee who is obligated by
law to renew his licence or applies for an additional specialization
may do so, on Company time, without loss of pay. Payment shall be made
after submission of proof by the employee indicating that he has passed
the examination.
38.10 When an employee returns to a production group from a trades
classification as a result of lack of work, his salary rate will be
adjusted according to the provisions of article 34.03.01 or 37.
38.11 Effect of lack of work
38.11.01 - Selection of Surplus
When lack of work necessitates decreasing the work force,
the employee with the least acquired service in his actual
trade group shall be selected from the declared surplus job;
ability also being considered and provided that the Company
shall have the right to maintain an efficient work force.
It is understood that the term acquired service in this
article is defined as the number of years worked in a
specific trade within the skilled trades group.
It is also understood that an employee who changes trade
will see the acquired service in his former trade added for
bumping purposes.
38.11.02 - Bumping/Layoff Procedure
a) A surplus employee shall bump in the same trade the
employee with the less acquired service.
b) If the surplus employee is about to be laid off and was
originally transferred to the trades classification from
production groups, he shall have the right to fill any
production vacancy subject to the provisions of article
12.
c) If unable to fill a vacancy under (b) above, and if such
surplus employee was transferred from production, he
shall have the right
63
to displace the employee having the less seniority within
production, as per the provisions of article 12.
d) The employee placed under (b) and (c) above will be paid
according to the provisions of article 34.03.01 or 37.
e) If the surplus employee about to be laid off has had no
prior production experience in the Company, but has the
qualifications to fill a production vacancy, he shall have
the right to fill such a vacancy subject to the provisions
of article 12 and shall be paid as in (d) above.
38.11.03 In the event that an employee of the trades group faces a layoff,
after having exercised all bumping rights according to the
collective labour agreement, the latter will be able to bump
within the trades group by Union service in a trade he has
already occupied.
38.12 Wage administration trades employees, apprentices A1, A2 and A3
38.12.01 The Wage Administration Plan covering goups A, B, C, D and E also
applies to trades employees, apprentices A1, A2 and A3.
38.12.02 The Company will post notices of job vacancies for trades
employees (A3 Group), apprentices A1 and A2. The Company agrees
that written applications outlining their qualifications for the
job received from employees within three (3) working days will be
considered before any hirings are made.
38.12.03 a) A vacant position that is filled by the reinstatement of an
employee in the prior position he had been demoted from,
because of a lack of work, will not be posted.
b) An employee who takes a vacant position posted for a trade for
which he does not have the appropriate analysis number will be
considered as a new employee, as defined in article 36. In the
event that there are surplus employees in the trades group,
the selection of the employee will be at first within the
skilled trades group. Failure to qualify in the new trade, the
employee shall exercise his bumping rights in accordance with
article 38.11 for the trades job in which the employee is
qualified.
c) The selection of an employee to fill a vacant position for
which he possesses the analysis number will be done by
acquired service.
38.13 The Company agrees to post an overtime list of all trades employees.
This list will be updated weekly and will include refusals.
64
Such list shall also be forwarded weekly to the Union head office.
See also letter of intent # 10.
65
ARTICLE 39 - RATES OF PAY
GROUP A-E INCLUSIVE
MONTREAL AREA
===============================================================================================================================
GROUP Effective Effective Effective Effective Effective
June 10 2001 June 10 2002 June 10 2003 June 10 2004 June 10 2005
- -------------------------------------------------------------------------------------------------------------------------------
===============================================================================================================================
Group A - New employee only
- -------------------------------------------------------------------------------------------------------------------------------
From 0 to less than 12 months $15,00 $15,00 $15,00 $15,00 $15,00
- -------------------------------------------------------------------------------------------------------------------------------
From 12 to less than 24 months $17,42 $17,42 $17,42 $17,42
- -------------------------------------------------------------------------------------------------------------------------------
From 24 to less than 36 months $18,50 $18,50 $18,50
- -------------------------------------------------------------------------------------------------------------------------------
From 36 to less than 48 months $19,59 $19,59
- -------------------------------------------------------------------------------------------------------------------------------
From 48 to less than 60 months $20,68
- -------------------------------------------------------------------------------------------------------------------------------
60 months and more / Group A at 21.77* $21,77 $21,77 $21,77 $21,77 $21,77
- -------------------------------------------------------------------------------------------------------------------------------
Group B $22,84 $23,47 $24,27 $25,04 $25,94
- -------------------------------------------------------------------------------------------------------------------------------
Group C $23,47 $24,10 $24,91 $25,69 $26,60
- -------------------------------------------------------------------------------------------------------------------------------
Group D $23,85 $24,49 $25,31 $26,09 $27,01
- -------------------------------------------------------------------------------------------------------------------------------
Group E $24,09 $24,74 $25,56 $26,34 $27,27
===============================================================================================================================
- -------------------------------------------------------------------------------------------------------------------------------
* Compensated by lump sum payments
- -------------------------------------------------------------------------------------------------------------------------------
66
ARTICLE 40 - RATES OF PAY
TRADES CLASSIFICATION
MONTREAL AREA
===============================================================================================
Progression schedule in hours worked
-----------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------
CLASS 2000 4000 6000 8000
-----------------------------------------------------------------------------------------------
===============================================================================================
-----------------------------------------------------------------------------------------------
Effective June 10 2001
-----------------------------------------------------------------------------------------------
Apprentice 20,70
-----------------------------------------------------------------------------------------------
A1 22,04
-----------------------------------------------------------------------------------------------
A2 26,67
-----------------------------------------------------------------------------------------------
A3 27,96
-----------------------------------------------------------------------------------------------
Effective June 10 2002
-----------------------------------------------------------------------------------------------
Apprentice 21,31
-----------------------------------------------------------------------------------------------
A1 22,66
-----------------------------------------------------------------------------------------------
A2 27,34
-----------------------------------------------------------------------------------------------
A3 28,64
-----------------------------------------------------------------------------------------------
Effective June 10 2003
-----------------------------------------------------------------------------------------------
Apprentice 22,08
-----------------------------------------------------------------------------------------------
A1 23,45
-----------------------------------------------------------------------------------------------
A2 28,20
-----------------------------------------------------------------------------------------------
A3 29,52
-----------------------------------------------------------------------------------------------
Effective June 10 2004
-----------------------------------------------------------------------------------------------
Apprentice 22,81
-----------------------------------------------------------------------------------------------
A1 24,21
-----------------------------------------------------------------------------------------------
A2 29,02
-----------------------------------------------------------------------------------------------
A3 30,36
-----------------------------------------------------------------------------------------------
Effective June 10 2005
-----------------------------------------------------------------------------------------------
Apprentice 23,66
-----------------------------------------------------------------------------------------------
A1 25,09
-----------------------------------------------------------------------------------------------
A2 30,00
-----------------------------------------------------------------------------------------------
A3 31,37
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67
ARTICLE 41 - PROTECTION FOR EMPLOYEES ON
WORKFORCE RESTRUCTURING
41.01 In the event the Company decides to:
a) fully close its plant facility or,
b) do any or all of the following:
i) transfer work out of the bargaining unit to another
Company location,
ii) transfer work out of the bargaining unit
iii) purchase components or parts, currently being produced by
employees in the bargaining unit, from sources outside
NORDX/CDT,
iv) permanently eliminate jobs for reasons other than market
fluctuations,
and as a direct result either:
. 10% or more of employees in the bargaining unit
(including those on S&A benefits and Workers Compensation
but excluding employees laid off and on L.T.D. benefits),
or
. 10% or more of all bargaining unit employees within an
individual skill group, as set out in the "NOTE" below.
are given, during any period of ninety (90) days, Workforce
Restructuring notices, the provisions set out below will apply,
as specified.
c) do what is set out in Article 15.1 of the COEU salaried
agreement and, as a direct result, employees in the hourly
bargaining unit at the same facility or business are to be given
layoff notices within the same ninety (90) day period.
For the purposes of determining whether the percentages in paragraph
41.01 b) have been reached, all notices, as described, which have not
been cancelled during the operative ninety (90) day period will be
counted.
Notices which have been counted in the determination that the
percentages in paragraph 41.01 b) have been reached cannot be counted
again.
41.02 The Company will meet with the Union thirty-five (35) weeks in advance
of the date of the plant facility closure, or eighteen (18) weeks in
advance of layoff occuring as a result of business closure or
circumstances set out in paragraph b) above. Following this meeting,
the parties will meet again to discuss opportunities to retain or
replace work with the aim of minimizing the reduction of employees,
including using attrition to manage the extent of such reductions.
It is understood that such discussions are to be conducted on a
confidential basis and the Union undertakes to guard the
confidentiality of them.
68
41.03 The Company will advise the Union and the employees at least sixteen
(16) weeks in advance of layoffs or as legislation dictates whichever
is greater. This obligation will not apply retroactively to the layoffs
which did not, at the time notices were given, meet the percentages set
out in paragraph 41.01 b) but together with subsequent layoffs,
resulted in these percentages being met within the ninety (90) day
period. This obligation will not apply to employees given notice of
layoff due to the circumstances set out in paragraph 41.01 b) which
occur in another skill group within the same ninety (90) day period but
do not meet the percentage set out in paragraph 41.01 b).
41.04 In the circumstances set out in paragraph 41.01 b) above and during the
first thirty (30) days of the notice period under paragraph 41.03
above, employees within each affected skill group will be offered the
opportunity to retire early with a lump sum calculated in accordance
with the Voluntary Retirement Option set out in paragraph 41.08 below
and in accordance with the following:
a) Employees who are eligible for an early retirement with a Class
A or B pension will be offered, in descending order of Union
service, the first opportunity and, if the number set out in
41.04 b) below has not been exceeded, employees eligible for an
early retirement with a Class C pension will be offered in the
same way the remaining opportunity, if any. After this,
employees who qualify for bridging, in accordance with Company
practice (for a maximum of 104 weeks) to any of the above
Classes, will be offered in the same order of Class and in the
same way any opportunity which was not taken.
b) The total number of those retiring under 41.04 a) shall not
exceed 100% of the number of employees within each affected
skill group:
i) who have been given notice(s), pursuant to paragraph 41.03,
ii) who have contributed to the percentages in paragraph 41.01
b) being reached,
iii) who have received notices of Restructuring in the
circumstances set out in paragraph 41.01 b) within the
prior portion of the particular ninety (90) day period and
are within the same business or skill group.
69
c) Pension dates shall be no later than the end of the notice
period, except in the circumstances set out in paragraph 41.01
a) when unused vacation credits may be used to reach a pension
date.
d) The affected skill groups will be those included for the
purposes of paragraph 41.01 b).
41.05 In the circumstances described in paragraph 41.01, the affected
employees who have received notice pursuant to paragraph 41.03 may
request a transfer to a job vacancy within the bargaining unit and
selection shall be made as per Article 12.
The Company shall provide the appropriate training where required for
the employee to perform the job in a satisfactory manner.
41.06 In the event that the Company moves an operation pursuant to 41.01 or a
job to another Company location outside of the bargaining unit, the
following procedure will apply:
a) An employee on an affected job will exercise his bumping rights
in accordance with the Collective Agreement.
b) If the employee is unable to maintain his grade under (a) above,
he may request to be transferred at the same or another Company
location, if a vacancy is available and local collective
agreements permit. The Company will provide job training where
required for the transferred employee to perform the job in a
satisfactory manner.
c) In the event the Company moves a plant facility to any other
location in Quebec during the life of this Agreement, the
Company agrees that employees will have a preferred right to be
transferred with their job to the new location.
d) If, as a result of such a move of operation or job, the employee
is required to move to a location greater than eighty (80)
kilometers from his present location, the Company will pay
reasonable moving costs.
e) The Company will give sixty (60) days notice, whenever possible,
to employees who are to be transferred to a new location.
41.07 All employees, laid off pursuant to notices given under paragraph 41.03
or pursuant to notices within the same skill group(s) as a result of
the circumstances set out in paragraph 41.01 b) within the particular
ninety (90) day notice period, will be entitled to choose to take the
Supplementary Unemployment Benefits (SUB) to which they are entitled
under Article 13 or to elect to be terminated and forfeit their recall
rights by receiving severance pay allowance in accordance with the
following table:
70
Continuous service Severance pay
1 year but less than 2 years 1 week
2 years but less than 3 years 2 weeks
3 years but less than 4 years 3 weeks
4 years but less than 5 years 4 weeks
5 years but less than 6 years 7 weeks
6 years but less than 7 years 8 weeks
7 years but less than 8 years 9 weeks
8 years but less than 9 years 10 weeks
9 years but less than 10 years 11 weeks
10 years but less than 11 years 14 weeks
11 years but less than 12 years 17 weeks
Three weeks additional pay for each full year of continuous service
thereafter.
In the event the Company decides to fully close the plant facility, the
above Severance table will be modified to reflect the entitlements
contained in the Layoff Allowance table in Article 13.02.
An employee who elects to be terminated and forfeit recall rights after
the end of the notice period and who is in receipt of the Supplementary
Unemployment Benefits (SUB) will be subject to the following penalty:
Penalty Table
Week after expiration Benefit Groups
of notice period completed 1 2 3
1 0 0 0
2 0 0 0
3 270 310 390
4 540 620 780
5 810 930 1170
Thereafter, each subsequent
week's penalty will increase by: 270 310 390
--- --- ---
until 52 weeks 470 490 540
Note : The above listed table will be adjusted by the Company each
quarter to reflect changes in COLA and base rates.
71
In the circumstances described in paragraph 41.01 a), employees may, if
eligible and upon Company approval, proceed on pension prior to the
commencement of layoff. They will be entitled to receive a lump sum
payment in accordance with the formula set out in paragraph 41.08.
41.08 Voluntary Retirement Option
The lump sum paid in connection with the exercise of the Voluntary
Retirement Option will be as follows:
a) Employees eligible for an early retirement with a Class A, B
or C pension will be paid twenty-six (26) weeks of regular
weekly wages, except those employees having thirty (30) years
of pensionable service prior to the end of the notice period
who shall be paid $27,000 or twenty-six (26) weeks of regular
wages, whichever is greater.
b) Employees who qualify for bridging to the above Classes will be
entitled to sixteen (16) weeks of regular weekly salary.
NOTE:
Skill groups shall be defined as follows:
- Production
- Skilled trades
ARTICLE 42 - MODIFICATION, RENEWAL
AND TERMINATION
R42.01 This Agreement shall become effective on June 10, 2001 and shall remain
in full force and effect up to and inclusive of June 9, 2006. The
terms of this agreement, may be changed or amended by mutual consent
of the parties hereto, such changes or amendments shall take the form
of Appendices to the original agreement.
42.02 Either party may give to the other party a written notice of its desire
to amend, modify or terminate the Agreement, said notice to be sent
not more than ninety (90) days prior to the date of termination.
Within ten (10) days after such notice is given, a conference shall be
held for negotiations.
42.03 After written notice of modification or termination has been given by
either party within ninety (90) days preceding the date of termination
indicating the parties' desire to negotiate for a new agreement or for
the revision of the present agreement, all the conditions contained in
the present agreement shall be considered as remaining in force during
such time as may elapse before it is found
72
that the parties are unable to reach agreement and the right to strike
or lock-out has been acquired or until a new or modified agreement is
completed.
42.04 Collective bargaining concerning the modification and/or renewal
of this Agreement shall be conducted by the duly authorized bargaining
representatives of the Company and the duly authorized bargaining
representatives of the Union. The parties to such bargaining shall
notify each other of the names of such representatives and of any
subsequent changes which may occur.
IN WITNESS thereof the parties thereto have executed this Agreement on June 10
2001 in the City of Pointe-Claire.
FOR THE COMPANY FOR THE UNION
- ---------------------------------- -----------------------------------------
Guylaine Branchaud Gary Carter
- ---------------------------------- -----------------------------------------
Stephen Augustine Daniel Bourdeau
- ---------------------------------- -----------------------------------------
Dominique Larouche Serge Letourneau
- ---------------------------------- -----------------------------------------
Michael O'Reilly Jacques Legault
- ----------------------------------
Claude Sauve
73
R # 1 - LETTER OF INTENT - DEFINITION OF "GROUPS"
For the purpose of the application of the Collective Labour Agreement, the term
"Group" applies for all Nordx/CDT employees.
The group A employees with an hourly pay rate different than $16.18 at the date
of ratification will have their pay rate frozen, but will receive the COLA
fold-in and the annual increases as lump sum payment. Moreover, lump sum
contributions will be made to their pension plan and OT hours worked will be
compensated.
This situation will prevail until the pay rate for all group A employees catches
the pay rate of the employees mentioned above.
For clarification of this letter and for indicative purpose only, the following
will reflect the equivalence between old classifications (grades and levels) and
the new classification (groups):
Job titles Analysis # Grade Level Group
Receiving agent 120 26 2 B
Quality auditor 301 27 3 C
Blue room & dry test 108 27 3 C
Braider operator 116 25 1 A
Sr Bix cond. regl. 122 28 4 D
Bruderer conduc. regl. 113 27 3 C
Tool inspector 403 27 3 C
FEP isolating line 119 28 4 D
PVC isolating line 102 27 3 C
Locate operator 109 25 1 A
Warehouse selector 201 26 2 B
Assembly operator 115 25 1 A
Bix DVO operator 112 26 2 B
Jacketing operator 105 27 3 C
Packaging auditor 117 27 3 C
Reelex 107 25 1 A
Shop clerk 111 25 1 A
Trucker primary 29937A 24 1 A
Strander 4PR operator 104 25 1 A
Trucker final 29937B 24 1 A
Twisters TT 103 25 1 A
Bekaert 101 26 2 B
Strander 26 operator 194 26 2 B
Lab. operator connectivity 26165 26 2 B
Plastic molding 114 27 3 C
RMA cycle count 202 26 2 B
Shipping coordinator 11576 27 3 C
74
Strander #2 184 25 1 A
Twister-Rewinder 29935 25 1 A
Oiler 404 26 2 B
R # 2 - LETTER OF AGREEMENT
FUNDS
One Cent Per Hour Paid
The Company and the Union will meet to discuss and mutually agree on
the use of the one cent ($0.01) per hour, per employee, for all hours
paid from the date of ratification of this Agreement onward.
Charitable Fund
Effective on the date of ratification, the Company shall make quarterly
contributions to the Charitable Fund equal to $0.02/hour for each
straight time hour worked. All contributions shall be forwarded to
registered Canadian charitable organizations, such as St. Justine
Hospital and Montreal Children's Hospital.
R # 3 - LETTER OF INTENT
RETIREMENT TERMS
For purposes of the application of Article 41 and Letter # 6, the
Company agrees to interpret the following retirement terms as follows
and as described in the pension plan defined in the benefits manual:
Male Female
Class A Age 60 + Service 20 Age 60 + Service 20
Age 55 + Service 20 if employed
by Nortel in May 1973
Class B Age 55 + Service 30 (voluntary) Age 55 + Service 25 (voluntary)
Age 55 + Service 25 (early)
Class C Service 30 Service 30
75
# 4 - LETTER OF INTENT
GAINSHARING
2001 06 10
Mr. G. Giarrusso
President
Canadian Union of Communication Workers
502 - 90e avenue
LaSalle (Quebec) H8R 2Z7
Dear Mr. Giarrusso,
In order to improve the performance of the plant, both the Company and the Union
agree to introduce a Gainsharing Incentive Program based on factors which impact
the profitability and/or proper functioning of the plant.
The elements and payout schedules will be determined by the Company on an annual
basis.
The Company agrees to communicate the cumulative results of the program on a
periodic basis. Information required for the proper understanding of the program
will be shared with the Union and a joint committee will be formed to monitor
and communicate the results of the program.
The Company will annually revise the contents of the program and will
communicate it to the Union by August 15 of the current year.
Yours truly,
Guylaine Branchaud
Director, Human Resources
76
# 5 - LETTER OF INTENT
STUDENTS
Summer students' hiring will be allowed between May 15 and August 15 of
each year. Those students will not accumulate continuous service nor Union
service.
No students' hiring will be allowed when there are employees of any group
on layoff.
The summer students' salary will be $10.00 per hour for the duration of the
Collective Labour Agreement.
# 6 - LETTER OF INTENT
PRE-RETIREMENT PROGRAM
1. Definition
An employee who is eligible for pension (class A or B) or will be eligible
within the next twelve (12) months may request to participate on a
voluntary basis in the pre-retirement program. After a period of twelve
(12) months maximum, he shall proceed on pension. The Company will not
refuse such requests without valid reason and will inform the Union when
employees proceed on this program.
2. Conditions
a) The employee will be requested to work three (3) or more regular work
days per week and will have such work days scheduled two (2) weeks in
advance.
b) For the duration of the program, continuous service will be
accumulated as if the employee was working regular hours.
c) For the duration of the program, the employee will be requested to
work on a job at the same group, or lower to that which he held prior
to his participation in the program and for which he is qualified or
possesses the qualifications. The employee will maintain the rate of
pay in effect at the time of his participation.
d) An employee who participates in the pre-retirement program will be
entitled to all Company benefits including sickness and accident. For
the purpose of calculating sickness and accident benefits, the first
day of absence will be the employee's first scheduled work day.
e) Vacation pay will be calculated as if the employee was normally at
work.
77
f) An employee who is selected for a job vacancy must terminate his
participation in the pre-retirement program.
g) If mutually agreed to, this program may be extended only once for an
additional twelve (12) months.
3. Re-instatement
a) The employee must notify his immediate manager if he wishes to
terminate his participation in the pre-retirement program. He will be
reinstated within three (3) weeks of such request to his former job or
exercise his bumping rights in accordance with article 12.
b) An employee who terminates his participation in the pre-retirement
program may not re-apply.
R # 7 - LETTER OF INTENT
MOVEMENT IN AND OUT OF VARIOUS SHIFT PATTERNS
2001 06 10
Mr. G. Giarrusso
President
Canadian Union of Communication Workers
502 - 90e avenue
LaSalle (Quebec) H8R 2Z7
Dear Sir,
The following describes the understanding between the Company and the Union
with reference to shift pattern changes.
The Company may implement a five (5), six (6) or seven (7) day shift
pattern whenever it effectively addresses the Company's business/customers'
needs. Should business needs require more than a 15 shift operation, the
Company will normally first move to a 6-day pattern prior to a 7-day
pattern. Should production schedules warrant a 7-day pattern immediately,
the Company will meet with the Union to verify if the demands of the
operation are being met. The expected duration of shift pattern changes
will be for a minimum of twelve (12) calendar weeks.
The Company will give thirty (30) days advance notice to the Union before
implementing such changes. The Union will be given the opportunity for full
discussions and will have the opportunity to suggest alternatives. The
Company will consider these alternatives prior to making the changes.
78
Yours truly,
Guylaine Branchaud
Director, Human Resources
# 8 - LETTER OF INTENT
SURPLUS MACHINE OPERATOR
As a clarification of the application of clauses 12.05.02 and 12.05.03,
in the case of a surplus machine operator group B and above, before
filling a vacancy:
a) The most junior machine operator on the job analysis in the
department affected will displace a shorter Union service
employee, on a job for which he is qualified, down to group B.
b) When the operator is unable to displace at group B, he will be
allowed to displace a shorter Union service helper at group A
within his department before displacing a shorter Union service
helper at group A in the business unit.
Reference: article 12B.
# 9 - LETTER OF INTENT - RATE
ADJUSTMENT FOR EMPLOYEES ON DISABILITY
Rate adjustments resulting from contract negotiations will also be
applied to employees who are receiving disability benefits in
accordance with the Company's Plan, at the time these rate adjustments
become effective.
Reference: article 39 & 40.
79
R # 10 - LETTER OF INTENT
DEFINITION OF TERMS
In order to ensure the correct understanding of this Collective
Agreement, the following definitions shall prevail:
a) Similar
A similar job means a job in which 50% or more of the content
corresponds to the content of a job for which the incumbent is
qualified.
b) Orientation
Orientation refers to training of the type given on a promotion
in order to complete the qualifications required for a job
similar to the one previously held.
c) Possesses the qualifications
Possesses the qualifications refers to an employee having the
skills, ability and experience to do a job.
d) Qualified
Qualified refers to an employee having satisfactorily performed
the job previously, excluding temporary assignments and
temporary postings.
e) Consult
It is understood that in application of this Collective
Agreement the wording "Agreed to consult with the Union" is
defined as: "Agreement to inform, discuss with and consider the
opinion of the Union and/or the District Representative".
f) Familiarization
The following clarification applies to all references to
familiarization periods contained in this collective agreement:
It is understood that by the end of the familiarization period,
the employee should have achieved, or through continuous and
progressive improvement must have demonstrated the potential to
achieve, the rates as defined in the production standards.
g) Temporary Assignments
A "temporary assignment" means an assignment due to a workload
increase for a period of less than a month or an assignment to
replace an employee on a leave of absence.
Reference: articles 12B and 38.
80
# 11 - LETTER OF UNDERSTANDING
VACATION CALCULATIONS
It is understood that, in the application of article 30.06, employees
who are laid off and recalled during the period of July lst to June
30th of the following year shall have their vacation entitlement
calculated as follows.
The actual number of days on layoff will be calculated and sixty (60)
days will be subtracted from this total. The difference will be divided
by thirty (30) and each such complete thirty (30) day period will
reduce the employees' vacation entitlement by the appropriate amount,
as outlined in the article 30.05 vacation reduction table.
Examples of the above application are as follows:
Example A
Layoff date Recall date Days absent
Jan. 15 Feb.27 Jan. = 16
Feb. = 26
--
Total = 42
April 26 May 16 April = 04
May = 15
--
Total = 19
Total days absent = 61
Subtract 60 days = - 60
--
Difference = 1 day
Thirty (30) day periods = 0, therefore, no reduction in vacation
entitlement.
Example B
Employee with eleven (11) years of continuous service.
Layoff date Recall date Days absent
Jan. 14 Mar. 28 Jan. = 17
Feb. = 28
March = 27
--
Total = 72
April 22 June 20 April = 08
May = 31
81
June = 19
--
Total = 58
Total days absent = 130
Subtract 60 days = -60
----
Difference = 70 days
Thirty (30) day periods = 2, therefore, vacation entitlement reduction
would be:
Two 30-day periods x 2 days each = 4 days reduction.
Therefore, in this example, the employee would
have a potential vacation of 20 days
Vacation paid on layoff (July 1-Jan.14) would have been -12
---
Difference 8
Reduction as per above -4
----
Remaining paid vacation entitlement 4 days
Reference: article 30.
N # 12 - LETTER OF AGREEMENT
OVERTIME
WHEREAS since the signing of the collective agreement which was signed on June
10th 1996, the operation on a twelve (12) hour shift schedule has led to various
difficulties of application and differences of interpretation regarding articles
24.04 and 24.05 of the collective agreement;
WHEREAS the parties have agreed upon and wish to set out the manner in which
these provisions shall be interpreted and applied;
THE PARTIES HAVE THEREFORE AGREED AS FOLLOWS:
1) The overtime opportunities referred to in article 24.04 shall be
offered to active employees within the same job analysis number and
within the same team (i.e. Unit 1 - teams 1 and 2; or Unit 2 - teams 3
and 4) (hereinafter referred to as the "Job/Unit"). Hours are to be
calculated based on their overtime hour-value.
2) Overtime opportunities will be calculated over six (6) week periods
established by the Company and the Union (hereinafter designated
"Reference Period").
82
3) Article 24.04 will be deemed respected if the difference in hours of
overtime attributed from the top to bottom employee in the Job/Unit
over the Reference Period is forty-eight (48) hours or less.
4) The remedy set out in article 24.05, 2/nd/ paragraph shall apply only
to those active employees, if any, in the Job/Unit who are in the said
deficit position of more than forty-eight (48) hours, and only to the
extent necessary to reduce the said deficit to forty-eight (48) hours.
5) Should however the said deficit not be reduced to forty-eight (48)
hours within the next Reference Period or the six (6) week recovery
period set out in article 24.05, 2/nd/ paragraph, whichever is longer,
the compensation provided for in article 24.05, 3/rd/ paragraph will
then be paid to the employee or employees at the blended rate in the
next pay period so as to bring the deficit to forty-eight (48) hours;
in such event, the number of hours of overtime attributed to the
employee or employees will be adjusted to take into account this
payment (e.g. P-12).
6) No deficit hours will be paid in the event they resulted from the
application of "F or U Codes" as describe in the following point 9.
7) For the purposes of article 24.04 and of calculating overtime hours
attributed to employees, each employee will be attributed all hours of
overtime offered whether actually worked or not.
8) For greater certainty, the following overtime hours will be
attributed to employees who otherwise could have worked these hours:
(a) hours of overtime available for employees whom the Company is
unable to reach by telephone to offer the overtime, which shall be
recorded as MESS-20 or MESS-24;
(b) hours of overtime refused by the employee shall be recorded as
R-20 or R-24;
(c) hours of overtime worked by others where employees are deemed
unavailable, as in the following situations:
(i) employees on a scheduled vacation day (excluding plant holidays) recorded
as VP-20 or VP-24;
(ii) employees on sick leave, recorded as D-20 or D-24;
(iii) employees on light duty, recorded as LD-20 or LD-24; (according to medical
restrictions, employees may be allowed to perform OT if permitted by
his/her physician)
(iv) employees absent because of an employment injury, recorded as CSST-20 or
CSST-24.
83
9) In addition, the following special rules of computation of attribution of
overtime hours apply:
(a) in the event of an interdepartmental transfer or an inter Unit
transfer, employees will be attributed the average number of overtime
hours in their new Job analysis number once their training has been
completed; (training should not exceed 6 working days for Group A jobs
and a period mutually agreed upon by the parties for all the other
jobs)
(b) should an employee neglect to notify the Company at least twelve (12)
working hours before the start of any scheduled overtime (i.e.
overtime accepted by the employee that he is unable toT report to work
he will be attributed twice the scheduled overtime hours (e.g. F-40 or
F-48);
(c) similarly, should an employee fail to finish the full number of hours
of scheduled overtime, the employee will be attributed that number of
hours, plus four (4) (e.g. U-26 or U-32);
(d) The OT database will be posted weekly in a mutually agreed location.
10) Similarly, the foregoing provisions apply in the context of 12-hour shift
operations; should operations be modified to an eight (8)-hour shift
basis, overtime hours attributed to employees will be reset to zero(0),
but, the Company shall endeavour to apply the provisions of article 5
above to any deficit of greater than forty-eight (48) hours then existing.
11) Employees on overtime loaned within the manufacturing operations will be
attributed all overtime hours that exceed forty-eight (48) hours within
a six (6)-week reference period; the code reflected will be L-20 or L-24.
The Company understands the Union's concerns at this point regarding
potential favouritism; hence the Company agrees to meet and discuss with
the Union, upon request from its part, regarding the application of this
point, one (1) year after the date of the ratification of the Letter of
Agreement.
12) For greater certainty, the provisions of the present Letter of Agreement
do not apply to any 8-hour shift operations.
Reference: article 24 and 25
84
N # 13 - LETTER OF AGREEMENT
RETIREMENT ALLOWANCE PLAN
In case of an employee's death, the Company agrees that the actuarial estimate
of the Retirement allowance plan (RAP) will be transferred to the legal
succession of the employee who was eligible to the allowance before his decease.
However, only the portion accountable to Nordx/CDT will be transferred.
R # 14 - LETTER OF INTENT
BENEFITS MANUAL
2001 06 10
Mr. G. Giarrusso
President
Canadian Union of Communication Workers
502 - 90e avenue
LaSalle (Quebec) H8R 2Z7
Dear Sir,
During the transaction between Nortel and Nordx in 1996, the benefits
manual effective then was transfered to Nordx, without being re-printed
nor modified.
The Company then agrees to adapt the manual "Your Benefits Program"
from Northern Telecom in order for it to reflect the actual reality and
to print them in sufficient quantity to give a booklet to every
employee.
The Company agrees to proceed to the adaptation and printing of the
manual in the best delays following the ratification of the Agreement.
Yours truly,
Guylaine Branchaud
Director, Human Resources
85
N # 15 - LETTER OF UNDERSTANDING
GROUP A EVOLUTION
The group A employees with an hourly pay rate of $16.18 at the date of
ratification will follow a progression scale considering their seniority at the
date of ratification. Therefore, the more an employee has seniority at the date
of ratification, the faster he/she will attain the maximum pay rate of the
group.
The wage table according to years of service at ratification date will be the
following:
- --------------------------------------------------------------------------------------------------------
Effective
- --------------------------------------------------------------------------------------------------------
Seniority on June On June 10 On June 10 On June 10 On June 10 On June 10 On June 10
10 2001 2001 2002 2003 2004 2005 2006
- --------------------------------------------------------------------------------------------------------
Less than 24
months 17.17 18.16 19.20 20.19 21.18 21.77
- --------------------------------------------------------------------------------------------------------
From 24 to less
than 36 months 17.76 18.75 19.79 20.78 21.77 21.77
- --------------------------------------------------------------------------------------------------------
From 36 to less
than 48 months 18.35 19.34 20.38 21.37 21.77 21.77
- --------------------------------------------------------------------------------------------------------
From 48 to less
than 60 months 18.94 19.93 20.97 21.37 21.77 21.77
- --------------------------------------------------------------------------------------------------------
60 months and
more 19.53 20.52 20.97 21.37 21.77 21.77
- --------------------------------------------------------------------------------------------------------
N # 16 - LETTER OF UNDERSTANDING
MANAGEMENT OF GROUP A EMPLOYEES AT $21.77
The Company and the union agree that the Group A employees paid at the pay rate
of $21.77 as per letter of agreement no.1 of the collective agreement will be
managed as per the following system:
Each of these employees shall identify upon ratification of the collective
agreement three (3) jobs of Group B or higher, which will form his list of
preferential jobs, according to his own personal choice.
When a job will be posted that will be part of the list of preferential jobs of
the employees mentioned above, the employees who have it in their list will have
to apply, if not they will stop receiving the lump sum payments prescribed by
letter of agreement no. 1. The job will be given to the applicant having the
most seniority, provided that no other employee having more seniority has
applied.
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In the case where a group B or higher job is posted but is not included in any
list of preferential jobs, it will be offered by seniority to the employees
receiving the lump sum payments. If no employee accepts the job, it will be
given to the employee receiving the lump sum payments having the least
seniority, provided that no other employee having more seniority has applied.
N # 17 - LETTER OF UNDERSTANDING
BENEFITS INCREASE
The Company agrees to provide the following increases to the benefit package of
the bargaining unit employees:
- - Glasses: coverage increased to $180 (an employee will be able to use this
$180 amount for a laser visualoperation,one time)
- - Para-medical fees: coverage increased to $750
- - Massotherapy ($10 by treatment paid by the employee)
N # 18 - LETTER OF UNDERSTANDING
SUPPLEMENTARY UNEMPLOYMENT BENEFITS (SUB)
1. In the case of a laid-off employee's death, the provisions of paragraph 41.07
of this agreement shall apply to the estate.
2. Layoff Allowance and Lump Sum Payment
a) An employee with fifteen (15) or more years of continuous
service may elect to receive a layoff allowance in a single
payment. This option is not subject to qualification for UIC.
The entitlement for this single payment will be as follows:
Continuous service at date of layoff Layoff allowance
Period But No. of
completed Less Than weeks' pay
15 years 16 years 22 weeks
Three (3) weeks additional allowance for each full year of continuous
service thereafter.
b) The payment will be based on the employee's regular work week
hours (excluding overtime) and on his equivalent weekly rate of
pay at the date of layoff excluding COLA.
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c) The layoff allowance shall be based on the employee's overall
continuous service after deducting the amount received as a
result of previous layoff excluding the layoff allowance
received prior to 1988.
d) Should this individual be later recalled within a time interval
shorter than that covered by the number of weeks of layoff
allowance granted, the amount of layoff allowance paid to the
employee for the excess number of weeks shall be considered as
an advance in pay by the Company and repayable through payroll
deductions at the rate of 10% of such employee's wages per pay
period.
e) In subsequent layoffs, the layoff allowance of an employee who
previously elected a lump sum payment shall be based on his
overall continuous service after deducting the amount received
as a result of previous layoffs. Furthermore, his layoff
allowance entitlement at any future date shall not be restored.
f) An employee electing to receive Supplementary Unemployment
Benefits forfeits selection of a single payment on any
subsequent layoff.
g) Should a situation arise, beyond the control of the Company,
which necessitates the layoff of more than 50% of the workforce,
employees affected may elect only the SUB plan.
3. An employee having at least five (5) years of continuous service can
forfeit his recall rights and receive a layoff allowance in a lump sum.
The layoff allowance shall be one (1) week of salary for each full year
of continuous service.
4. Layoff Allowance and Supplementary Unemployment Benefits
It is agreed that in the event of major changes to the Unemployment
Insurance regulations negatively impacting the payment under the
Supplementary Unemployment Benefit Plan, the Company agrees to revert
to the former layoff allowance plan, with the schedule of the 1996-2001
collective labour agreement, if so requested by the Union.
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APPENDIX "A" - PENSION BENEFITS
FOR EMPLOYEES GROUPS A, B, C, D, E AND TRADES
1. PREAMBLE
1.1 This appendix, which shall form part of the Collective Labour Agreement
(hereinafter called the "Agreement"), describes amendments to those
plans which shall be in effect for active employees during the term of
the Agreement, information relating to cost sharing, and reference to
preservation of those Company plans which are not contractually
covered.
1.2 The effective dates of amendments of these plans, where applicable, are
are noted in the relevant paragraphs hereafter.
1.3 The term applicable shall be as defined for the Agreement, except with
respect to the Pension Plan which shall be for the term from June 10,
2001 to the end of the collective agreement.
1.4 Agreements with respect to the plans described in this appendix may be
changed or amended by mutual consent of the parties hereto, with such
changes or amendments to be in the form of appendices to the Agreement.
The benefits payable under these Company plans will remain unchanged in
the event of changes in Government plans. If legislation is introduced
to increase the level of coverage to be provided, benefit design may be
changed to maintain the current cost sharing level. Any changes to
these plans must be cost neutral to the employer. The duration of the
Agreement cannot be affected by such changes or amendments.
1.5 The plans, hereinafter called the "Plan(s)" covered by this appendix
shall be continued automatically at the expiry of the Agreement until a
new agreement is ratified or until the Union is entitled by law to
commence legal strike or the Company is permitted to lockout.
1.6 For the purposes of this appendix, the following definitions shall
prevail:
1.6.1 Benefit Group shall mean the categories of job classifications or
groups determined as follows:
Benefit Group Group Class
1 A 23 to 25
2 B, C 26 to 27
3 D, E 28, 29 & Trades
1.6.2 "Eligible dependents" shall mean, for purposes of paragraphs 2,
3, 4, 5, 9 and 10 of this appendix:
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(i) "Spouse" means the individual of the opposite sex or same
sex who is legally married to the employee and not living
separate and apart from the employee or, if the employee
so elects, who is not living with the employee at the time
of the employee's death; or if neither of these is
applicable a person of opposite sex or same sex who is not
married to the employee, but is an individual with whom
the employee has been cohabiting for a period of one year
immediately preceding the employee's death and who had
been publicly represented as the domestic partner of the
employee.
(ii) Unmarried natural or legally adopted, dependent children
of the employee or spouse who are:
1) living or deemed to be living with the employee
including those where support for benefit coverage
has been dictated by a court order; and
2) (a) under age 21, or
(b) over age 21,but not over age 25, and are full-time
students at an accredited college or university;
and,
3) (a) Canadian citizens, or
(b) landed immigrants;
(iii) physically or mentally handicapped financially dependent
children, regardless of age, provided:
a) they were handicapped and dependent prior to age 21, or
b) they were handicapped and dependent between age 21 and
age 25 and were full-time students at an accredited
college or university at the time they became
handicapped and dependent.
(c) (i) Canadian citizens, or
(ii) landed immigrants;
(iv) Dependent parents.
The above eligible dependents shall be ranked in descending
order of priority.
1.7 "Spouse" shall mean, for the purpose of paragraph 11 of this appendix:
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a) the person of the opposite sex who is legally married to the employee
or, if the employee so elects, is not living with the employee at the
time of the employee's death; or
b) the individual of the opposite sex who is not married to the employee,
but is an individual with whom the employee has been cohabiting for a
period of one year immediately preceding the employee's death and who
had been publicly represented as the domestic partner of the employee;
or
c) such other individual who is required to be recognized as the spouse
of the employee pursuant to the Quebec Supplemental Pension Plans Act,
for the application of particular provisions of the Plan.
1.8 All employees hired after February 2, 1996 shall become eligible for
coverage under the Plans referred to in paragraphs 2, 3, 4, 5, 8 and 9 on
the first day of the month following the month in which the employee
completes 12 months' continuous service.
2. INSURER'S SUPPLEMENTARY HOSPITAL PLAN
The Company will continue to provide the insurer's Supplementary Hospital
Plan as in effect immediately prior to the term of the Agreement. The cost
of this Plan will be paid by the employees, including any increases in
premiums during the term of the Agreement.
3. INSURER'S EXTENDED HEALTH CARE PLAN
The Company will continue to provide the insurer's Extended Health Care
Plan as in effect immediately prior to the term of the Agreement. The cost
of this Plan will be paid by the Company, including any increases during
the term of the Agreement relating to the services covered by the Plan.
4. INSURER'S VISION CARE PLAN
The Company will continue to provide the insurer's Vision Care Plan as in
effect immediately prior to the term of the Agreement. The cost of this
Plan will be paid by the Company.
R 5. INSURER'S DENTAL PLAN
5.1 The Company will continue to provide a Dental Plan as in effect immediately
prior to the term of the Agreement, with coverage for expenses incurred up
to December 31, 2001, on the basis of the 2000 Quebec Dental Association
Schedule for General Practitioners for the services covered by such Plan.
The cost of this Plan, including any increases during the term of the
Agreement, will be paid by the Company.
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5.2 Effective January 1, 2002, the 2001 Quebec Dental Association Schedule for
General Practitioners will apply.
5.3 Effective January 1, 2003, the 2002 Quebec Dental Association Schedule for
General Practitioners will apply.
5.4 Effective January 1, 2004, the 2003 Quebec Dental Association Schedule for
General Practitioners will apply.
5.5 Effective January 1, 2005, the 2004 Quebec Dental Association Schedule for
General Practitioners will apply.
5.6 Effective January 1, 2006, the 2005 Quebec Dental Association Schedule for
General Practitioners will apply.
6. SICKNESS AND ACCIDENT PLAN
6.1 The Company will continue to provide a Sickness and Accident (S&A) Plan as
in effect immediately prior to the term of the Agreement.
6.2 For the purpose of determining eligibility for payment under this Plan,
hospitalization shall mean treatment as an in-patient or on admission to a
Day Surgery Unit for procedures conducted under a general anesthetic or
either under intravenous anesthetic or local anesthetic where such
procedures had been formerly required to be done under general anesthetic.
R 7. LONG TERM DISABILITY PLAN
7.1 The Company will continue to provide the Long Term Disability (LTD) Plan as
in effect immediately prior to the term of the Agreement.
7.2 Effective June 10, 2001, this Plan will provide monthly income benefits in
accordance with the following schedule for those eligible employees whose
S&A Plan benefits expire after May 31, 2001.
Benefit Group Monthly income
1 $1800
2 $1925
3 $2200
7.3 During the period for which an employee is eligible to receive LTD Plan
benefits, participation will continue in the following Plans:
. Supplementary Hospital
. Health Care
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. Dependent Life
. Retiring Allowance Plan
. Pension
. Group Life Insurance - Parts I and II
. Survivor Transition Benefit
Coverage for Group Life Insurance - Parts I & II and the Survivor
Transition Benefit in effect at the date of disability will prevail during
the period for which an employee is eligible to receive LTD Plan benefits.
7.4 For those eligible employees whose S&A Plan benefits expire after date of
ratification, for the purposes of determining eligibility for the first
twelve (12) month period under the LTD Plan, disability shall mean that an
employee is unable to perform the duties of any job in the bargaining unit
on a full-time basis. Following expiry of such period, disability shall
mean that an employee is disabled to an extent preventing performance of
any job for which the employee is reasonably suited by education, training
and experience.
Notwithstanding the above definition, if it is confirmed that an employee
is eligible for primary disability benefits under the Canada/Quebec Pension
Plan, this employee will then be also eligible for benefits under the LTD
Plan.
7.5 LTD Plan benefits shall not be terminated without at least one (1) month's
notice to the recipient unless the employee returns to work.
R 8. GROUP LIFE INSURANCE PLAN
8.1 The Company will continue to provide, on an optional basis to employees,
life insurance through Group Life Insurance Plan - Part I, hereinafter
called "Part I", as in effect immediately prior to the term of the
Agreement except as indicated in 8.1.1 and 8.1.2 below.
8.1.1 The entire cost of the Plan will be paid by the Company.
8.1.2 The Plan will provide insurance coverage under Part I in accordance
with the following schedule for those eligible employees whose
insurance coverage is in effect on the date of ratification.
Benefit Group Insurance Coverage
1 $33,000
2 $34,500
3 $37,000
8.1.3 Employees retiring with a pension date on or after the date of
ratification, will continue to have insurance coverage under Part 1
in accordance with the following schedule:
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Benefit Group Insurance Coverage
1 $28,000
2 $29,500
3 $32,000
and will continue to have the reduction formula in effect as of the date
of ratification.
R 8.2 The Company will continue to provide, on an optional basis to
employees, life insurance through Group Life Insurance Plan - Part II,
hereinafter called "Part II", as in effect immediately prior to the term
of the Agreement, except as indicated herein below.
The premium rates for Part II for each $1000 of coverage will be as
follows:
Monthly Cost
Male Female
Age Smoker Non-Smoker Smoker Non-Smoker
to 35 $0.12 $0.06 $0.05 $0.03
36-45 $0.25 $0.12 $0.12 $0.07
46-55 $0.59 $0.32 $0.28 $0.18
56-60 $0.89 $0.65 $0.53 $0.36
61-64 $1.69 $0.99 $0.79 $0.55
The smoker rates apply to anyone who has smoked a cigarette or used any
tobacco product one time in the past year.
These rates will be adjusted as per renewal arrangements made with the
carrier.
8.3 The Company will continue to provide, on an optional basis to employees,
life insurance through the Dependent Life Plan as in effect immediately
prior to the term of the Agreement, except as indicated herein below.
The premium rates for Dependent Life will continue to be:
Spouse Child Monthly Rate
$ 5,000 $2,500 $1.35
$10,000 $5,000 $2.69
$25,000 $10,000 $6.24
These rates will be adjusted as per renewal arrangements made with the
carrier.
8.4 The other terms and conditions of this Plan will remain in full force and
effect as reflected in the applicable insurance contract.
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9. SURVIVOR TRANSITION BENEFIT PLAN
9.1 The Company will continue to provide a Survivor Transition Benefit Plan
as in effect immediately prior to the term of the Agreement subject to
paragraph 1.6.2.
9.2 During the period which an eligible dependent is in receipt of STB,
participation will continue in the following Plans but the cost will be
paid by the Company:
. Extended Health Care Plan
. Dental Plan
. Vision Care Plan
R 10. RETIREMENT ALLOWANCE PLAN
10.1 The Company will continue to provide a Retirement Allowance Plan as in
effect immediately prior to the term of the Agreement subject to
paragraph 1.6.2. The Retirement Allowance Schedules and formulae will
be based on the following:
R 10.1.1 The amounts set out in the schedules in effect immediately
prior to this agreement will be increased on the 2000
schedule by 3% on June 10 of 2001, by 3% on June 10 of
2002, by 2% on June 10 of 2003 and by 1% on June 10 of
2004.
10.2 Employees will be entitled to payment under the Plan if, as of their
pension date, they have at least ten (10) years of continuous service.
The amounts set out in the Schedules will be payable monthly commencing
with the month in which the pension date falls and continuing until the
month age 65 is reached, except that for retirement at age 65 there
will be only one payment.
R 10.3 An employee entitled to the Retirement Allowance Plan may elect to
receive, either as a lump sum or as monthly payments during any period
up to age 71, the present value of the scheduled amount discounted at
the rate prescribed for the first fifteen (15) years for non-indexed
pensions, for the month in which the payment of the benefits commences
under the Canadian Institute of Actuaries Recommendations for the
computation of transfer values from registered pension plans effective
on June 1st 1996 or at the date of calculation.
10.4 If a retired employee who is entitled to a retirement allowance dies
prior to all payments being made, the remaining payments will be paid
monthly on the same basis to eligible dependents.
10.5 Where employees retire with a class E pension and are entitled to a
retirement allowance, the amount as set out in the Schedule will be
reduced actuarially for each month by which the employee's age is less
than 65.
R 11. PENSION PLAN
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R 11.1 Effective June 10, 2001, the Company has replaced the Northern
Telecom Negotiated Pension Plan by a defined contribution pension plan.
The defined contribution pension plan will include, subject to the
approval of the supervisory pension authorities, the provisions
specified below during the applicable term stated in paragraph 1.3
above.
11.2 All employees will be eligible to participate to the defined
contribution pension plan.
11.3 Service under the defined contribution pension plan will be defined as
continuous service with the Company, including the continuous service
with Northern Telecom up to February 2, 1996.
11.4 Base earnings under the defined contribution pension plan will be
defined as the basic remuneration, exclusive of such items as overtime
pay, special bonus, Company contributions to any benefit plan, or other
extra earnings.
Basic remuneration will mean the employee's standard hourly wages
determined by multiplying his hourly base rate of pay by the number of
regularly scheduled hours assigned to his job classification.
Base earnings in respect of any period of absence from work will mean
the rate in effect immediately prior to such absence.
11.5 Employees participating to the defined contribution pension plan will
be able to contribute through payroll deduction and/or make lump sum
contributions subject to the limitations of the Income Tax Act and
Regulations.
Such employee contributions will be voluntary.
R 11.6 The Company contributions to the defined contribution pension plan will
be determined as follows:
i) Basic Contributions
The Company will contribute a percentage of the employee's base
earnings. For a given calendar year, such percentage will be
determined in accordance with the following schedule which is
based on the sum of the employee's age and service on January 1st
of the said calendar year.
Sum of Age and Service Basic Company Contributions
(in completed years) (% of base earnings)
less than 40 3.0%
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40 to 49 3.5%
50 to 59 4.0%
60 to 69 4.5%
70 to 79 5.0%
80 to 89 6.0%
90 and more 7.0%
ii) Matching Contributions
The Company will also contribute an amount equal to one half (50%)
of the employee's contributions, up to a maximum of 1% of his base
earnings.
iii) Grandfathering Employees
Instead of the contributions provided for in i) and ii) above, for
the employees that were to be called "grandfathered" employees
specifically for the pension plan, the Company will contribute a
fixed percentage of their base earnings during the applicable term
stated in paragraph 1.3 above. Therefore, the Company will not
match the contributions made by the "grandfathered" employees, if
any.
Such percentage will be determined individually so as to replicate
the benefits that would have been provided by the Northern Telecom
Negotiated Pension Plan if the grandfathered employee had
continued participation in that plan until retirement. It will be
determined as of February 2, 1996 and will not thereafter be
re-adjusted.
More specifically, such percentage will be determined on the basis
of the following:
a) Provisions of the Northern Telecom Negotiated Pension Plan
Those in effect as of February 2, 1996, except for the benefit
rates which are deemed to increase over the next five (5)
years by 5% the first year, 3% the second and third years and
2.5% the fourth and fifth years, resulting in a cumulative
increase which is a function of the number of years until
retirement as follows:
Years until Retirement Increase
(in completed years)
1 or less 5.00%
2 8.15%
3 11.39%
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4 14.18%
5 or more 17.03%
The automatic post-retirement indexation provisions and the
joint and survivor form of payment of the Northern Telecom
Negotiated Pension Plan will therefore be taken in account in
determining the Company contribution intended to replicate its
benefits.
b) Assumptions
Earnings' increases None
Investment return 8.00% per year
Annuity purchase rates 8.00% per year
CPI increases 3.75% per year
Assumed retirement age Earliest age the employee would have
qualified for an unreduced pension under conditions
A, B or C or, if later, attained age as of
Feb.2/96 plus one year
iv) Period of Absence
The Company will contribute in accordance with the above during
any period of absence with pay or any period of absence without
pay resulting from a disability, parental leave or maternity
leave, subject to the limitations of the Income Tax Act and
Regulations. However, the Company will not contribute during any
other period of absence without pay.
R 11.7 The normal retirement age under the defined contribution pension plan
will be 65 whereas the earliest retirement age is defined by amendment
no. 2 of the Company's Negotiated Defined Contribution Pension Plan.
R 11.8 The Company contributions to the defined contribution pension plan will
be fully and immediately vested.
11.9 On retirement, termination of employment or death of the employee, the
benefits provided by the defined contribution pension plan will be
equal to the accumulated value of the employee's and vested Company
contributions. Such value will be subject to the locking-in
requirements of the applicable provincial pension legislation.
11.10 The defined contribution pension plan will be a separate pension plan
registered with the Regie des rentes du Quebec. It will therefore be
administered by a pension committee.
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11.11 The pension committee of the defined contribution pension plan will
be made up of the following seven (7) members:
a) four (4) representatives of the Company;
b) two (2) representatives of the employees;
c) a third party to be designated by the Company.
11.12 The administration expenses of the defined contribution pension plan
will be paid by the Company whereas the custody and investment expenses
will be assumed by the employees.
11.13 Any remaining details regarding the operation of the defined
contribution pension plan, e.g. the selection of the custodian,
administrator and investment manager(s), the allowed number of changes
in investment directions per calendar year, the frequency of employee
statements, etc. will be decided by the pension committee.
12. OTHER COMPANY PLANS
12.1 The Company proposes to continue the following during the term of the
Agreement.
. Travel Accident Insurance
. Registered Retirement Savings Plan
12.2 While the Company will not reduce the level of benefits of the Plans
referred to in 12.1 above during the term of the Agreement, it reserves
the right to amend the terms and conditions of such Plans in order to
conform to existing or future legislation, to ensure that they may best
meet the objectives for which they were established, and to enable
their administration to be carried out with prudence and economy in the
interest of all participants therein.
13. GENERAL
13.1 The Company shall furnish the Plan text(s), as soon as practicable,
after signing the Agreement, for review and comment by the Union. The
other documents referred to below will be furnished at appropriate
times for review and comment by the Union.
13.2 The Company will furnish the Union with copies of the administrative
procedures, benefits description and approved authorized texts covering
the employee benefit Plans referred to in paragraphs 2 to 12 of this
appendix.
13.3 As soon as it is practicable hereafter, the Company will provide each
employee with a benefits description referred to in this appendix.
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13.4 The Company will ensure that all the Plans covered by this appendix are
adjusted to reflect legislation precluding discrimination with respect
to age, sex, and marital status, except to the extent that such
legislation so permits.
13.5 The Company confirms its intention to maintain its present practices
with respect to the handling of statutory and Company benefits as these
apply to retirees. In the event a change appears desirable, the Company
will discuss such changes in advance with the Union.
13.6 Procedures shall be determined on a basis which is mutually acceptable
to the Union and the Company. Items for discussion shall in general be
limited to those matters pertaining to the benefits covered by this
appendix and may include application thereof to future retirees.
13.7 The Company will furnish the Union with such information with respect
to the operations of applicable benefit plans as shall be mutually
acceptable to the parties or required by legislation, including:
. Copy of the annual information return to the province of
registration for the Pension Plan.
13.8 The Union consents to the application by the Company, through partial
funding of the latter's costs in providing improved employee benefits
in accordance with the Agreement and with prior Collective Labour
Agreements between the Union and the Company, of the reductions equal
to at least 5/12th that have been or may be granted to the Company as
to employer's premiums under the Unemployment Insurance Act.
13.9 The Company shall have the exclusive right to determine and change the
method and terms of financing the Company Health Care Plans, Group Life
Insurance - Parts I and II and the Dependent Life Plan provided under
the Agreement, subject to the following conditions:
a) no change will take place without at least 3 months prior notice
to the Union,
b) no change will have the effect of reducing the value of any
benefit,
c) no change will affect the method of claims settlement except as
shall be mutually agreed between the parties, and
d) the Company shall furnish the Union with a full accounting as to
the disposition of any surplus or deficit attributable to employee
contributions.
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