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Collective Agreement Nestle Canada Inc. and Milk And COLLECTIVE AGREEMENT NESTLE CANADA INC. AND MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED EMPLOYEES, LOCAL UNION NO. 647 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS LONDON 401 Factory Contract Term: Ratification to September 4th, 2023 0 Carl Davis Secretary-Treasurer Business Representative Martin Cerqua President & Principal Officer Business Representative Jeff Beer Trustee Business Representative 1 As a proud member of the Teamsters for nearly 33 years, I am a firm believer in our Union values for equality, justice and fairness for all workers in Canada. Teamsters Canada, believe that everyone deserves a decent quality of life. That's why we work to protect what matters to you, your job, your health and your family. Our goals are to promote our collective rights and to protect the common good. Your Collective Agreement allows you to achieve these goals. Through concrete actions in your workplace and your community, we are building a country where we can live with respect and dignity. Francois Laporte President, Teamsters Canada Follow our campaigns: teamsters.ca 2 A MESSAGE FROM YOUR PRESIDENT & PRINCIPAL OFFICER Congratulations on your new Collective Agreement. Teamsters Local No. 647 goal has always been simple; to use our collective bargaining power to fight for equality, fairness and job security in an ever-changing economy and workplace. Going forward there will be many obstacles and issues. However, I am confident that working together with our members we will succeed regardless what challenges come our way. In Solidarity; Martin Cerqua President Teamsters Local # 64 7 3 COLLECTIVE AGREEMENT BETWEEN NESTLE CANADA INC. (hereinafter referred to as "The Company) AND MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED EMPLOYEES, LOCAL UNION NO. 647 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS (hereinafter referred to as "The Union) Contract Term: Ratification to September 4th, 2023 4 INDEX ARTICLE PAGE 1 PURPOSE OF AGREEMENT 6 2 DEFINITIONS 6 3 RECOGNITION AND SCOPE 7 4 NO DISCRIMINATION 7 5 MANAGEMENT RIGHTS 7 6 STRIKES AND LOCKOUTS 8 7 UNION SECURITY AND DUES CHECKOFF 8 8 UNION AFFAIRS 9 9 GRIEVANCE PROCEDURE AND ARBITRATION 10 HOURS OF WORK, WORKDAY, HOLIDAY PAY, 10 VA CATION PAY, OVERTIME, OVERTIME PAY, 12 MEAL AND BREAK PERIODS 11 REPORTING ALLOWANCE 13 12 PERSONAL LEAYES OF ABSENCE 13 13 HEALTH AND SAFETY 14 14 EARLY AND SAFE RETURN TO WORK 14 15 HARASSMENT 16 16 WAGES 16 17 DURATION 16 A-1 APPENDIX "A" - WAGES 18 LIU# 1 TIGER BONUS PROGRAM 19 LIU# 2 RETURNING SEASONAL EMPLOYEES 20 LIU# 3 PART-TIME WRITTEN TEST RESULTS 21 LIU# 4 PRACTICAL TESTING FOR NEW FULL TIME EMPLOYMENT 22 Nestle Code of Conduct 23 Nestle 10 Corporate Business Principles 26 Who is Teamsters Canada? 27 Teamsters Canada Services 28 Student Scholarships 29 Grievance, Complaint, Disagreement 31 Grievance Procedure and You 32 Nestle Code of Business Ethics 34 Union Contact Information 41 Company Contact Information 42 5 ARTICLE 1 - PURPOSE OF AGREEMENT 1:01 The purpose of this Agreement is to establish and maintain orderly collective bargaining relations between the Company and its employees represented by the Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union 647 affiliated with the International Brotherhood of Teamsters. It is further the intent of this agreement to foster an amicable spirit, which shall prevail at all times. This Agreement is therefore designed to clearly set out the rates of pay, hours of work, and conditions of employment to be observed between the parties. ARTICLE 2 - DEFINITIONS 2:01 Gender: In this Agreement wherever the masculine gender is used, it shall be construed to be the masculine or feminine, as the context required. 2:02 Peak Production Period: The "Peak Production Period" is defined as the period in which all available Full-time employees are being fully utilized and lasts eight (8) months. The Company shall provide the Union thirty (30) days written notice of the commencement of the Peak Production Period. 2:03 Seasonal Production Employees: Seasonal Production Employees are defined as a person hired, on a temporary basis during the peak production period to provide relief for vacations and to meet increased seasonal production requirements. A Season Production Employee will be hired for a term and task up to eight (8) months (plus 2 weeks training) during the peak production period. All Seasonal Production Employees are deemed terminated at the conclusion of the Peak Production Period. 2:04 Probationary Period: Seasonal Production Employees are considered probationary employees without recourse to the grievance procedure for the first sixty (60) working days, exclusive of the two (2) week training period. Seasonal Employees who successfully complete one season shall not be required to serve an additional probationary period when they return for subsequent seasons. 2:05 Effective January 1, 2020, all seasonal employees returning for their fifth consecutive year of seasonal employment, and who have passed the PT/FT test shall be added to a list to replace Full/Part time Employees who leave Nestle through attrition. This list shall be used for this purpose only and for no other employment privileges. In the group with the 6 most seasons, preference will be given to the person with the skill and ability to perform the work of the new vacancy after the bidding process. ARTICLE 3 - RECOGNITION AND SCOPE 3:01 The Company recognizes the Union as the sole and exclusive bargaining agent for all Seasonal Production Employees ("Employees") of the Company employed at its 401 Plant at 980 Wilton Grove Road, in the City of London, Ontario, save and except supervisors, persons above the rank of supervisor, employees covered by other collective agreements, contractors, and others not performing work within the scope of the bargaining unit. ARTICLE 4 - NO DISCRIMINATION 4.01 The Company and the Union agree that no intimidation, no discrimination, no interference, and no restraint or coercion shall be exercised against any Employee by either of the parties to this Agreement. 4.02 The Union agrees that, except as provided for in this Agreement, there will be no Union activity on the premises of the Company except by agreement with the Company. Where the Company gives permission under this Article, the meeting or other activity shall take place at the location and on the terms specified by the Company. ARTICLE 5 - MANAGEMENT RIGHTS 5.01 Except, and to the extent specifically modified by this Agreement, all rights and prerogatives of Management are retained by the Company and remain exclusively and without limitation within the rights of the Company and its management. There shall be no attempt by either party or an Arbitrator to read into the provisions of this Agreement a principle or authority whereby the process of collective bargaining has in any way usurped the rights of Management, except where specifically modified by this Agreement. 5.02 The Company reserves the right to discipline or discharge an Employee who has not completed their probationary period for any reason satisfactory to the Company. Such Employee will not have recourse to the grievance procedure with respect to grieving such action. Employees who have completed five hundred and twenty (520) hours of work in 7 the Peak Production Period are deemed to have completed the required probationary period for that Peak Production Period. 5.03 This Agreement constitutes the entire agreement between the parties and any previous agreements whether oral or written are hereby superseded by this Agreement. No Employee shall be asked or permitted to make any verbal or written agreement that may conflict with this Agreement. ARTICLE 6 - STRIKES AND LOCKOUTS 6:01 The parties having entered into this Collective Agreement in mutual good faith, the Company agrees there will be no lockout and the Union agrees there will be no strike, picketing, slowdown, sit-down, overtime ban or any suspension or limitation of work which could in any way affect the operation of the Company during the term of this Agreement. 6:02 The Union agrees that it will not initiate, authorize, cause or condone any picketing (including information picketing) at the plant during the life of this Agreement. 6:03 The Union agrees that if any of the action described in 6.0 I or 6.02 above takes place, it shall repudiate any such action by Employees and instruct Employees to promptly return to work. ARTICLE 7 - UNION SECURITY AND DUES CHECKOFF 7.01 All Employees covered by this Agreement must become and remain members of the Union, in good standing, during the life of this Agreement as a condition of employment. 7:02 The Company further agrees to inform all new Employees who are covered by this Agreement that Union membership is a condition of employment after sixty (60) working days have elapsed from the date of hiring. 7:03 New Employees shall be liable to pay the full amount of Union dues including initiation fees for the week in which they are hired. In the sixty (60) working day period following their hiring, the Company will deduct the appropriate amounts from their wages and remit same in accordance with the provisions of 7.04 below. 7:04 The Company will deduct monthly from the pay of each Employee an amount specified 8 by the Union, equivalent to Union dues and assessments owing by each Employee for Union purposes. The total of such deductions shall be remitted to the Secretary-Treasurer of the Union not later than the 201h day of each month. The Union shall notify the Company, in writing, as to the prevailing rate of Union dues and assessments. 7.05 It is expressly understood and agreed that the Union will save the Company harmless and indemnify the Company for any claim or other liability arising in any way pursuant to any deduction made hereunder.
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