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COLLECTIVE AGREEMENT. D.G.M. DOMINION GENERAL MANUFACTURING LIMITED (hereinafter called the "Company")

COLLECTIVE AGREEMENT BETWEEN D.G.M. DOMINION GENERAL MANUFACTURING LIMITED (hereinafter called the Company ) AND INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS LOCAL LODGE 235 (hereinafter
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COLLECTIVE AGREEMENT BETWEEN D.G.M. DOMINION GENERAL MANUFACTURING LIMITED (hereinafter called the Company ) AND INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS LOCAL LODGE 235 (hereinafter called the Union ) -----~~-- --~~--~-- ARTICLE 1 -PURPOSE OF AGREEMENT 1.01 The purpose of this Agreement is to define the relations between the Company and Union, the wages and working conditions of employees of the Company represented by the Union and means by which complaints, grievances and disputes shall be disposed of promptly and equitably. ARTICLE 2 -RECOGNITION 2.01 The Company recognizes the Union as the exclusive bargaining agent of all employees ofd.g.m. Dominion General Manufacturing Limited in the Municipality of Metropolitan Toronto and the City of Mississauga save and except Foreman/Supervisors, persons above the rank of Foreman/Supervisor, office and sales staff, and students employed during the school vacation period The word EMPLOYEES wherever used in this Agreement shall mean any or all of the Employees in the bargaining unit as defined above, unless the context otherwise provides It is understood that the primary function of supervisors is to supervise not to perform the work of the bargaining unit. Supervisors will not normally perform work of the bargaining unit except for purposes of instructing employees, work of an experimental nature, when bargaining unit employees are absent or when unexpected customer demands makes such work necessary or in an emergency. ARTICLE 3 -NO DISCRIMINATION 3.01 Both parties agree to abide by the terms of the Ontario Labour Relations Act, and the Ontario Human Rights Code, with respect to Discrimination. All references to Employees in this agreement include both Male and Female and whenever the Male or Female gender is used it shall be construed to include both Male and Female employees. ARTICLE 4 -MANAGEMENT RIGHTS 4.01 The Union recognizes and acknowledges that the Management of the plant or plants and the direction of the working force are fixed exclusively in the Company, and without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Company to, operate and manage the enterprise in order to satisfy its commitments and responsibilities. a) maintain order and efficiency; Page2 b) hire, promote, demote, classify, transfer, assign, suspend and retire at normal retirement age and to discipline or discharge any employee for just cause provided that a claim by an employee who has acquired seniority that he/she has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as herein after provided; c) make, enforce and alter, from time to time, rules and regnlations to be observed by the employees; d) determine the nature and kind of business conducted by the Company, the kinds and locations of plants, to set the quality, quantity and standards of production, the equipment and materials to be used, the control of materials and parts, the methods and techniques of work, the content of jobs, the schedules of production, to lay-off and recall employees, the number of shifts and hours to be worked, the curtailment or cessation of operations or any part thereof, and to determine and exercise all other functions and prerogative which shall remain solely with the Company except as SPECIFICALLY LIMITED by provisions of this Agreement The Company agrees that none of the rights set forth in this Article will be exercised in a manner inconsistent with this Agreement. ARTICLE 5 -NO STRIKES OR LOCKOUTS 5.01 The Union agrees while this Agreement is in operation, neither the Union nor any employee shall take part in or call or encourage any strike or picketing. And the Company agrees that it will not engage in any lockout during the term of this Agreement The word STRJKE and the word LOCKOUT as used in Article 5.01 above shall have the same meaning given those words in the Ontario Labour Relations Act, R.S.O. 1980, c ARTICLE 6 -UNION SECURITY 6.01 The Company agrees to deduct monthly from the earnings of each employee an amount equal to the regnlar monthly union dues. Such deductions shall be remitted to the Local Lodge of the Union prior to the fifteenth (15th) day of the month following the month for which the deductions are made. The Company, when forwarding union dues, will submit a list indicating the names of those employees from whom such deductions have been made and the amounts deducted for each month. This list will include hires and severance. Page3 6.02 It is understood and agreed that the Union will indenroify and save the Company harmless from any and all claims which may be against it by any employee or employees for amounts deducted from wages as hereinafter provided In order that the Company may have definite instructions as to what amount is to be deducted for monthly dues it is agreed that the Union shall promptly notify the Company in writing over the signature of its designated officer of the amount of the deduction to be made by the Company for regular monthly union dues and the Company shall have the right to continue to rely on such written notification until it receives other written notification from the Union signed with the same formality The Company will show the amount of dues deducted on the T-4 slips issued to employees. ARTICLE 7- UNION REPRESENTATION 7.01 The Company acknowledges the right of the Union to appoint or otherwise select from among the members of the Union who are employees of the Company. A Shop Committee consisting of up to six (6) stewards, one (1) of which will be recognized as the Plant Chairperson. The Union will inform the Company in writing of the identity of the Union Representatives and the Company shall not be obliged to recognize such persons until it has been so informed. In addition and subject to the conditions as foregoing, the Union shall advise the Company of all other Union officials Subject to the provisions of Article 7, Shop Stewards will be allowed reasonable time off from their regular workplace, with pay, to investigate and process grievances. a) Stewards must have permission from their Foreman or Supervisor to be absent from work for any of the above purposes. Such permission will not be unreasonably withheld. b) The Company reserves the right to limit such time if it deems the time so taken to be excessive. c) The Company will allow the Chief Stewart time, during normal working hours once per week and in groups, up to a maximum of 30 minutes per session, scheduled at a time agreeable to the Plant Manager or his/her designate, to have new Employees sign their Union Membership application and inform these new members of Union Benefits. d) The company will notify the Union and the Chief Steward of all employees that have completed their probationary period within one (I) week of such completion date 7.03 Shop Committee members and Shop Stewards shall exercise the privilege herein provided in such a manner as to promote good order and discipline and with the least possible interference with the regular duties of their employment. Page4 ' I 7.04 The Company acknowledges the right of the Union to elect or otherwise select a Negotiating Committee of three (3) employees, whose duties will be to meet with the Company with the assistance of a full-time representative of the Union to negotiate renewal of this Agreement upon its expiry as hereinafter provided It is recognized and agreed that the primary obligation of Stewards and members of the Negotiating Committee is to perform their regular and principal duties in connection with their employment and that only such time as is necessary will be consumed by such persons during working hours in order to perform their functions as a Steward or a member of the Negotiating Committee In order to facilitate communication between the parties, it is agreed that a monthly communication meeting will be held between representatives of the Company and representatives of the Union, including the Business Representative if possible. It is understood that the purpose of this meeting will be to generally facilitate communication between the parties and not to discuss resolution of specific grievances. It is also understood and agreed that any discussions which take place during such meeting will be regarded as being without pr«i udice and will not be referred to by either party in any arbitration or other litigation which may arise between the parties. ARTICLE 8 -GRIEVANCE PROCEDURE 8.01 The grievance procedure herein provided for are among the most important matters in the successful administration of this Agreement. The Company and the Union therefore agree that the designated grievance procedure, as hereinafter set forth, shall serve as and constitute the sole and exclusive means to be utilized by the grievance for the prompt disposition decision and final settlement of a grievance arising in respect of the interpretation application, administration, or alleged violation of this Agreement, and the specifically designated grievance procedure shall be strictly followed. Wherever the term GRIEVANCE PROCEDURE is used in this Agreement, it shall be considered as including the Arbitration procedure GRIEVANCE shall mean a complaint or claim concerning improper discipline or discharge, or a dispute with reference to the interpretation, application, administration, or alleged violation of this Agreement The Company shall be under no obligation to consider or process any grievance unless such Grievance has been presented to the Company in writing at Step 1 of the grievance procedure within five (5) working days from the time the circumstances upon which the grievance is based were known or should have been known by the grievor All time limits referred to in the grievance procedure berein contained shall be deemed to mean Work Days No employee shall have a grievance until he has first taken up the alleged violation orally with the employee's immediate Supervisor. If the employee's Supervisor does not settle the matter to the employee's satisfaction within forty-eight ( 48) hours, the employee's proper grievance may be processed as follows: STEP! Page 5 ---~ ~- ~ If an employee has a grievance, the grievance shall, within five (5) days as referred to in Article 8.03 hereof, be reduced to writing and presented to the Supervisor. The Supervisor shall give the grievor a written reply as soon as possible but not later than five (5) working days after such decision. If such reply is not satisfactory to the grievor, the next step must be taken within three (3) working days of the Supervisor's answer; The grievance referred to above shall identify: a) the facts giving rise to the grievance; b) the relief requested, and shall be signed by the employee and his or her steward STEP2 At this step, the written grievance shall be presented to the Plant Manager within the aforesaid five (5) working days of receipt of the Supervisor's reply. A meeting will be held between the Shop Committee, the Grievor, a Union Representative, and the Plant Manager and other representatives of the Company who may be deemed necessary, within five (5) working days of the presentation of the grievance to the Plant Manger. The Plant Manager shall give his written reply to the Committee within five (5) working days of such meeting. STEP3 In the event the grievance is not settled at Step 2, the party having carriage of the grievance shall request arbitration of the grievance by giving notice in writing within ten (1 0) working days from the delivery of the decision at Step 2 to the Connnittee. If the request for arbitration is not so given within such ten (10) working day period, the decision at Step 2 shall be final and binding upon both parties to this Agreement, and upon any employee involved. Arbitration Where a difference arises as to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, either of the parties may, after exhausting the grievance procedure, notify the other party in writing of this desire to submit the grievance to arbitration. A sole arbitrator shall be selected by mutual agreement. In the event the parties are unable to agree on a selection the parties agree to request the minister of labour to appoint an arbitrator. Page 6 The decision of the arbitrator shah be final and binding upon the Company and the Union and au of the employees affected. In the event a grievance is not satisfactorily adjusted by application of the grievance procedure as set forth in this Agreement and if neither party requests the matter to be arbitrated in accordance with the provisions hereof, then such grievance shah be considered for au purposes having been waived and abandoned by the parties having carriage of the grievance The Arbitrator shall not have the jurisdiction or authority to alter or modify any of the provisions of this Agreement, or substitute any new provisions in lieu thereof or to give any decision inconsistent with the terms and provisions of this Agreement Each party shall bear its own costs of and incidental to any such arbitration proceedings. The fees and charges of the arbitrator shall be borne equally by the two parties hereto The time limits and other procedural requirements set out in this Article 8 shall not be considered to have been waived by the parties unless expressly provided for by them in writing It is also understood and agreed that any arbitrator appointed pursuant to Section 45 of the Ontario Labour Relations Act will be bound by the requirements of the grievance and arbitration procedures set out herein. Discipline and Discharge Cases 8.11 (a) An employee may only be suspended or discharged in the presence of the Plant Committee Chairman or his/her designate. (b ) In the event that an employee who has attained seniority is suspended as a disciplinary matter or is discharged, and the employee claims that an injustice has been done, the employee may within five (5) working days after such suspension or discharge file a grievance in writing at Step 2 of the grievance procedure. Union Policy Grievance or Company Grievance 8.12 A Union policy grievance or Company grievance may be submitted to the Company or the Union, as the case may be, in writing within ten (1 0) working days from the time the circumstances upon which the grievance is based were known or should have been known by the grievor. A meeting between the Company and the Union shall be held within five (5) working days of the presentation of the written grievance and shah take place within the framework of Step 2 of Article hereof. The Company or the Union, as the case may be, shall give its written decision within five (5) working days after such meeting has been held. Page 7 ARTICLE 9-SENIORITY 9.01 An employee shall be considered a probationary employee until he/she has performed forty-five (45) days of work for the Company during a period of twelve (12) consecutive months. During such probationary period he/she shall have no seniority rights. Upon completion of his/her probation period the employee's seniority shall be dated from the date the employee commenced his/her probationary period. It is understood and agreed that the grievance procedure will only apply to seniority employees. The term SENIORITY EMPLOYEE as used in this Agreement shall mean an employee who has completed his/her probationary period In case of promotion, demotion (except as a disciplinary measure) lay-off and recall from lay-off (except in the case of temporary lay-offs) the following shall apply: a) The employee with seniority shall be entitled to exercise plant-wide seniority and in the case of lay-off to displace an employee with less seniority in the plant, provided the employee with seniority has the qualifications, is able to show efficiency and has the ability to do the work which is available and required. The Union will be notified of recall and hiring programs. b) PROMOTION as used in this Article shall be deemed to mean a permanent transfer to a job classification carrying a higher rate of pay than prevails in the job classification in which the employee is occupied and shall be handled under the job posting procedure. c) LAY -OFF as used in this Article shall mean the imposed absence from work for five (5) working days or more. Notwithstanding this provision, the Company will not exercise its right to temporarily layoff employees for less than five (5} working days, without applying Article 9.02(a), on more than five (5) working days per year An employee shall lose all seniority and be deemed to have terminated his/her employment for any of the following reasons: a) if he/she voluntarily quits; b) if he/she is discharged and such discharge is not reversed through the grievance procedure; c) if he/she is absent from work for three (3) consecutive working days without notif'ying the Company, unless the employee can satisf'y the Company that he/she was unable to return or notif'y the Company because of accident, illness, or other significant reason acceptable to the Company; d) if he/she is recalled to work after a lay-off and fails to return to work or furnish a reason satisfactory to the Company for not doing so within five Page 8 (5) working days after notice of recall has been sent by registered mail to the last known address that the employment office has in its files for the employee. e) if he/she has not performed work for the company for a period of twenty four (24) consecutive months; f) if he/she overstays a permitted leave of absence without securing permission for the extension of such leave of absence from the Company unless the employee has a reason satisfactory to the Company for such overstay The Company shall maintain and post an up-to-date seniority list and supply a copy of the list and any changes thereto to the Union every three (3) months By agreement between the parties hereto, lost seniority may be restored in whole or in part to any employee For the purposes of general layoffs the Union Chief Steward or their alternative as identified by the Union shall be deemed to have greater seniority than all other employees ARTICLE 10- TEMPORARY TRANSFERS An employee who is temporarily transferred to another job in which the rate of pay is different to that in effect in such employee's regular job, shall be paid while so employed as follows: a) If the rate of pay in the job to which he/she is transferred is less than the employee's regular pay, he/she shall receive his/her own higher rate of pay. b) If the rate of pay in the job to which he/she is transferred is higher than the employee's regular pay, he/she shall receive the rate of pay for the job to which he/she was transferred These provisions shall not apply in the case of transfer of an employee to avoid Jay-off, in case of such transfer, the employee shall receive the rate for the job to which he is transferred A TEMPORARY TRANSFER shall mean a transfer oflonger than one(!) hour, but not longer than thirty (30) working days. ARTICLE 11 -HOURS OF WORK AND OVERTIME It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed as a guarantee of, or a limitation upon, the hours of work to be done per day or per week or otherwise nor guarantee of working schedules. Page 9 11.02 The nonnal work week for employees will be composed of forty ( 40) hours from Monday to Friday. The nonnal work day shall be eight (8) hours in duration. The parties recognize that because of the nature of the Company's business, changes in the nonnal work week and nonnal work day may become necessary in order to meet customer demands. Where changes in the nonnal wor
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