COLLECTIVE AGREEMENT
OTTAWA ROUTE SALlll:SMEN
Between
OLD DUTCH FOODS LTD.
And
MILK AND BREAD DRIVERS, DAIRY El11PLOYEES CATERERS AND ALLIED EMPLOYEES UNION, LOCAL 647 Affiliated with the International Broth(:rhood of Teamsters
Effective: July 20, 2008
Terminates: July 19, 2011 TABLE OF CONTENTS
ARTICLE 1- UNION RECOGNITION 3
ARTICLE 2- MANAGEMENT RIGI-ITS 3
ARTICLE 3- UNION SECURITY ...... 3
ARTICLE 4- STEWARDS ...... 4
ARTICLE 5- GRIEVANCE PROCEDURE ...... 5
ARTICLE 6- ARBITRATION ...... 5
ARTICLE 7- POLICY GRIEVANCE 6
ARTICLE 8- TERMINATION OF EMPLOYMENT ...... 6
ARTICLE 9- SENIORITY ...... 7
ARTICLE 10- ROUTE BIDDING ...... 8
ARTICLE 11- ROUTE CUTS 9
ARTICLE 12- VACATIONS 10
ARTICLE 13- STATUTORY HOLIDAYS ...... 11
ARTICLE 14- UNIFORMS 12
ARTICLE 15-SAFETY 12
ARTICLE 16- NO STRIKES-NO LOCKOUTS ...... 12
ARTICLE 17-GENERALNOTES ...... 13
ARTICLE IS-BEREAVEMENT ALLOWANCE ...... 16
ARTICLE 19-FRANCHISE ...... 16
ARTICLE 20- WAGE AND JOB CLASSIFICATION 17
ARTICLE21-NOTICES ...... 19
ARTICLE 22- TERMINATION ...... 20
LETTER OF INTENT 21
LETTER OF UNDERSTANDING ...... 22 -3-
ARTICLE 1- UNION RECOGNITION
1.01 The Company recognizes the Union as the sole collective bargaining agent for all its driver-salesmen and pre-sell salesmen employed in the City of Ottawa save and except foremen, persons above the rank of foreman, office staff and persons employed at the Company's warehouse.
1.02 The word <
ARTICLE 2-MANAGEMENT RIGHTS
2.01 Except where abridged by the specific terms of this agreement, the management of the Company's operations and the selection and direction of the employees will be solely vested in the Company.
ARTICLE 3-UNION SECURITY
3.01 All employees of the Company covered by Article 1 of this Agreement hired by the Company after the date of certification of the Union shall, as a condition of employment, become members of the Union after a period of thirty (30) working days from the dat(: of hiring.
3.02 The Company shall have the authorization cards signed by the employee at the time of hire on a form supplied by the Union and approved by the Company. The Company shall deduct from such employee's pay the sum authorized by the employees for payment of the Union dues from the first (1 ") day of employment and shall remit same by the 20'h day of the following month for the previous petiod to the Union office and attach with such remittance a list of the said employees for which the deductions were made with their Social Insurance Numbers.
3.03 The Company, upon receipt of authorization on a form supplied by the Union and accepted by the Company from any of its employees, shall deduct after thirty (30) working days from such employee's pay the sum authorized by the employees for Union initiation fees and the Company shall remit same to the Union office.
3.04 The Union agrees to save the Company harmless from any and all suits, actions, claims or judgments in conm:ction with or in relation to this Article. -4-
ARTICLE 4- STEWARDS
4.01 Tlie Union may appoint employees to act as a Steward and an Alternate. The Steward and his Alternate shall have no authority to alter, amend, violate or otherwise change any part of this Agreement. The Alternate will replace the Steward only when the Steward is absent from work, if necessary.
4.02 The Steward or any other officer who may be appointed from amongst the employees have regular duties to perform as employees of the Company. Therefore, such employees will not leave their regular work for the purpose of conducting business between the Company and the Union without first obtaining permission from their respective supervisors. Such permission will not be unreasonably withheld.
4.03 In order to qualify for appointment as Steward or Alternate, an employee must have a minimum of one (1) year of seniority with the Company. The Union shall notify the Company in writing of the name of the Steward and Alternate, the effective date of their appointment or selection and any change that may occur from time to time'.
4.04 In order to avoid any loss of time or materials, grievances shall, except for preliminary investigations, be discussed and settled whenever possible outside working hours.
4.05 The business representative of the Union shall, after announcing himself to the local manager, be granted admission to the Company's offices with the understanding that there will not be any interference with the n01mal and proper operation of the business.
4.06 The Union shall have the privilege to post on a bulletin board provided by the Company for Union notices in the salesroom, notices, after first securing the Company's approval.
4.07 Should the Steward or Alternate be brought in for discussion before he stmts or after he has completed his nonnal workday at the request of the management, he shall not be requested to spend more than one half (I /2) hour in the discussion.
4.08 Employees will have the right to have a Steward or Alternate present when taken to the office for written warnings and/or disciplinary action.
4.09 For all days of negotiations up to and including mediation the Cormnittee man will be replaced by a relief salesman and the Committee man shall rec.eive the commission for the route for all such days. - 5-
ARTICLE 5 GRIEVANCE PROCEDURE
5.01 The Parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances concerning the interpretation or alleged violation ofthe Agreement as quickly as possible.
A) The employees., through their Steward or Alternate, shall have the right to discuss at a suitable tim~ to all parties any grievance with the District Sales Manager.
B) If the reply is not satisfactory, within two (2) working days of occmmnce of the issue, then within two (2) further working days, the grievance must be submitted in writing and referred to the Regional Sales Manager who will then discuss the grievance with the Steward and Business Development Manager.
C) If within five (5) working days of written submission the reply is still nnsatisfactory, it will then be referred to the business agent or other Union representatives and the Area Sales Manager or other representative of the Company who will attempt to resolve the grievance within seven (7) working days. The decision arrived at between the parties at this point will be final and binding on both parties. This decision will be confirmed in writing.
D) If the grievance remains unsettled, it may be subject to arbitration.
E) The Company may refuse to consider any grievance, the circumstances of which arose more than five (5) working days before presentation as prescribed in this Article.
F) Any of the time allowances provided in this Atticle may be extended by mutual agreement, confirmed in wtiting.
ARTICLE 6 ARBITRATION
6.01 Within ten (I 0) days of the final discussion referred to in the Grievance Procedure, the party desiring arbitration will notify the other party in writing outlining in detail the issue to be arbitrated. If the Union and the Company cannot agree on the selection of a single arbitrator within twenty (20) days the Minister of Labour of the Province of Ontario, shall be requested to appoint an impartial arbitrrutor. The arbitrator shall proceed as quickly as possible to determine the matter in dispute and his decision shall be final binding upon the parties.
6.02 The parties agree to share equally the expenses of the Arbitrator and such other expenses may be mutually agreed upon. - 6-
6.03 No matter may be submitted to arbitration which has not been properly carried through all previous steps of the Grievance Procedure.
ARTICLE 7- POLICY GRIEVANCE
7.01 It is agreed upon that the Union and th ARTICLE 8-TERMINATION OF EMPLOYMENt 8.01 The Company may discharge or dismiss any employee and such employee shall lose his seniority and forfeit his claim to re-employment whenever he: 1) resigns or voluntarily leaves the employ of the Company 2) is laid off, sick or is absent from work due to an of±:work injury for a period in excess of twelve (12) months, however, in the event of a lengthy illness or injury, the employee may be granted, based on medical certification, additional leave of absence 3) fails to confirm, after a layoff, his intention to retum to work within four (4) working days of receipt of registered mail of his notice to retmn to work and to r,eturn to work within five (5) days after confirming his intention to return to work 4) is absent from work without prior permission, except in the case of Illness, based on medical certification if requested, in which case the employee must notrry the Company prior to the starting time of the next working day if in fact his is able to communicate the information 5) overstays any leave of absence without prior permission in writing from the Company, except in the case of verified illness or injury, based on medical certification 6) retires or is retired 7) ·· has been found stealing or has been found to be dishonest -7- 8) is drinking while on duty or being under the influence of narcotics or stimulants wlule on duty except prescribed medicine 9) fails to report a motor velucle ac,~ident within 48 hours in which he is involved with a Company vehicle 10) uses a company vehicle for any prnpose other than Company business without the consent of his manager 11) fails to deposit or remit to the Company monies in accordance with Company policy 12) driving a Company vehicle while license suspended ARTICLE 9 SENIOR1TY 9.01 All employees shall be considered on probation and shall not be entitled to seniority rights until they have been employed by the Company for a period of sixty (60) worked days. Upon completion of the probationary period, seniority shall be dated from the first day of employment. During the probationary period, the employee shall be considered as being employed on a trial basis, and may be discharged or laid off at the discretion of the Company. 9.02 The Company will prepare a seniority list with a copy available for the Union every six (6) months. 9.03 In the matter of layoffs and recalls after layoffs, seniority shall govern provided the senior employee has the physical skill and ability to perform the work. 9.04 When it becomes necessary to reduce the working force of employees because of Jack of work, the factors described in paragraph 9.03 above of this Article sball guide the Company in deciding who will be laid off first. 9.05 En1ployees who are laid off will be retained on the Company seniority list for a period of twelve (I 2) months. 9.06 A laid off employee must notifY the ofrice of the Company in writing of any change in address or telephone number in order to receive any notice of recall to work given by the Company. If an employee fails to do this, the Company will not be responsible for failure of any notice to reach such employee. - 8- 9.07 A laid off employee shall be recalled to work by a telephone call confirmed by or solely by registered letter addressed to his last address as given to the office of the Company notifying him of the day at which he must reh1rn to work. 9.08 Should a driver-salesman be moved to a position outside the bargaining 9.09 The Company may in writing grant up to a maximum of five (5) weeks leave of absence without pay to any employee who has been in the employment of the Company for more than one (I) year (but no more often than every two (2) years) for legitimate personal reasons, and any person who is absent with such written permission shall not be considered to be laid off and his seniority shall continue to accumulate during his absence. No more than one (I) employee shall be granted a leave of absence at the same time. ARTICLE 10 ROUTE BIDDING 10.01 a) Route vacancies or new routes shall be posted on the bulletin board for four (4) working days. During this time, employees may bid for transfer lo the posted route in writing, dated and signed. b) A copy of all bids on routes will be provided to the Union Steward(s) by the Company. 10.02 All bids will be considered by the Company on the basis of seniority and qualifications. All qualifications being relatively equal, the senior employee shall be awarded the vacancy. Successful bidders shall be notified within three (3) days of work after the posting period. 10.03 Only the original vacant route and the vacant route created by the filling of the original vacant route shall be posted. Any other vacant route created by the above procedure shall be filled at the discretion of the Company. 10.04 a) An employee who fills a vacant route pursuant to Article I 0.02 shall not have the right to bid on another vacant route for a period of twelve (12) months from the date of his bid. However the Employee, who has been awarded the route, after the bidding has been completed, may request upon availability of a local -9- relief Rep a one day ride w:ith on the vacant route before accepting t!Je route. The employee must then inform the company of their decision next business day, as this will finalize the employees bid. The bidding employee performing the Ride With will be paid Commission from the sales of their current Route for that Day. b) The employee referred to in sub-paragraph a) above shall have a second right to bid on a vacant route if his new route is readjusted prim· to the expiration of the twelve (12) month period. In no event shall the employee bid more than twice within the said twelve (12) month period. c) An employee may request the Company to consider his change to another route. Should the Company accept such a request and place the employee on the route, the request shall be treated as if the said employee had bid and the employee will not have the right to bid for twelve (12) months. l 0.05 An employee refusing to accept an award after bidding shall lose his bidding right for six (6) months. 10.06 Prior to his taking his annual vacation, an employee shall have the right to advise his supervisor in writing that should certain particular routes, in order of preference, become vacant, then he is to be considered as an applicant for these vacancies. ARTICLE 11 ROUTE CUTS 11.01 When the weekly volume of route salesmen is adjusted, commission is to be paid based on the previous twelve (12) week average of the adjustment made to the route prior to the route cut. The payment will be made "over twelve (12) week period" within four (4) weeks of the route cut. The foregoing shall not apply under the following circumstances: a) The customer refuses to deal with the salesman and requests another salesman; b) The customer requests a different method of distribution; c) The customer is removed from the salesman's route because of poor, improper or inadequate service or because of the salesman's misconduct; d) If the Company is forced to eliminate routes as a result of restructuring. - 10- e) New customer additions allow for route changes. Sales Budget numbers for the new business will be used for calculutions. 11.02 The weekly volume of a retail driver-salesman shall not be acUusted below four thousand five hundred dollars ($4,500.) Net Sales. 11.03 The weekly volume of a chain store salesman shall not be adjusted below five thousand four hundred dollars ($5,400.) Net Sales. 11.04 The weekly volume of a pre-selling chain store salesman shall not be adjusted below sixteen thousand dollars ($16,000.) Net Sales. ARTICLE 12 VACATIONS 12.01 The Company shall grant vacation with pay m accordance with the following schedule: (l) Less than one year of continuous service -- in accordance with the Employment Standards Act, 1974, Part VIII (2) One (1) year of continnous service-- two (2) weeks vacation (3) Five (5) years of continuous service-- three (3) weeks vacation. (4) Ten (1 0) years of continuous service-- four (4) weeks vacation. (5) .. Eighteen (18) years continuous service --five (5) weeks vacation. 12.02 For the purpose of computing vacation pay or continuous service, the date shall be May 1". Employees shall receive two percent (2%) of gross earnings up to April 30111 for each week of vacation to which they are entitled prior to going on vacation. 12.03 Vacations must be taken in the reference year during the twelve (12) months following April 30. Employees, at their choice, by seniority, may 11 take two (2) weeks continuous between May 1'' and September 30 ' inclusively. If there are open weeks in the aforementioned period, then employees, again by seniority, may choose one (I) additional week until the periods are filled in. The vacation schedule shall be posted by no later than January 15'h and completed no later than Mark 31" and shall be posted on the bulletin board once completed. Once the schedule has been posted, there will be no changes, except by mutual agreement. ------11 - 12.04 The third, fourth and fifth week of vacation shall be taken outside the 1 11 period from May 1' to September 30 ' inclusive, however, all vacation weeks may be scheduled continuously outside tbe period from May 1'1 to 111 September 30 , inclusive, the whole su~ject to operating requirements. ARTICLE 13- STATUTORY HOLIDAYS 13.01 The following days will be considered as statutory holidays: New Years Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day Two (2) additional days off each year with pay will be granted to all employees, the days off being at the employees' choice upon one (l) weeks notice to the Company. 13.02 The Company will pay for each statutory holiday a flat rate of $135.00 to Reiail Salesmen and all others will be at their regular rate of pay provided: (1) An employee works the full working day immediately preceding the holiday and the full working day immediately following the holiday. An exception of this rule shall be made if an employee is absent from work because of: (i) Personal illness verified to the satisfaction of the Company; (ii) Death in the employee's immediate family; (iii) Being granted permission by the Area Sales Manager to be absent only on either or both of said days. 13.03 If a statutory holiday as set fortb in Article 13.01 occurs during the vacation of an employee, then a day off in lieu shall be given within thirty (30) days at the employee's choice, subject to operational requirements and a minimum of two (2) weeks notice. Such replacement day or additional day off under 13.01 may not be taken during the period from June I'' to one (1) week after Labour Day, but must be taken within the calendar year. ·' 13.04 The Company will add to the above li~:t a statutory holiday declared by either the Federal or Provincial Govemments besides those indicated in Article 13.01 as a paid statutory holiday. - 12- ARTICLE 14- DRESS CODE 14.01 Driver-salesmen, on completion of their probation period, shall at all times during working hours, wear the Company prescribed uniform. The winter uniform shall consist of two (2) pairs of trousers, three (3) shilis, one (1) vest, one (!)jacket, one(!) cap. One (I) winter parka to be provided once every two (2) years if necessary. The summer uniform shall consist of two (2) pairs of trousers, two (2) pairs of shorts and three (3) shmi sleeve shitts or three (3) golf shitts. No more than four (4) pairs of trousers and six (6) shirts will be provided annually. The employee shall bear thirty-five percent (35%) of the cost of the said uniform, and one hundred percent (1 00%) of the cost of ties, cleaning and maintenance of the entire unif01m. The Company to pay full cosi of any or all emblems and crests with Company Logo. A copy of the invoice will be posted on the bulletin board after each revision. 14.02 Effective January I, 2001, the Company agrees to pay the pre-sell delivery man, spare man and drivers if required to wear same, upon completion of their probationary period, an ammm1 of $90 to be used towards the purchase of company approved safety boots or safety shoes, providing they wear them. This amount is to be patyable during the week of May I" in each year of the contract. ARTICLE 15- SAFETY 15.01 The Company shall make every reasonable effort to provide safe and dependable vehicles on routes. 15.02 Employees will be expected to operate their vehicle in a mmmer satisfactory to the Company and to adhere to the procedural and operational directives set out in the Fle ARTICLE 16- NO STRIKES- NO LOCKOUTS 16.01 The Union agrees that there shall not be any strikes or picketing during the life of this Agreement. The Company agrees that there shall not be lockouts during the life of this Agreement. - 13- ARTICLE 17- §ENERAL NOTES 17.01 Employees are not permitted to engage in any other occupation or business during the course of their employment or during authorized leave of absence. 17.02 It shill! not be cause for discharge or disciplinary action in the event an employee refuses to go through any legal picket line. Should any employee in the bargaining unit encounter a legal picket line in the course of his normal duties, there shall be an immediate conference between the employee and his supervisor before any decision is made as to whether the picket line should or should not be respected. 17.04 The Company agrees to pay an employe-e who may be required to serve as juror or a witness, if subpoenaed, the difference between the payment received for such jury ervice or witness fees (conduct money) and his normal compensation veraged over the previous four ( 4) weeks. re_,~~'-L 17.05 A ''.£..L..is driver- alesman shall not be required to work on Srmday and rmder normal conditions will not be required to work on Saturday. If Saturday work is necessary, it shall be perfmmed upon the mutual agreement of the parties. The normal work week for retail driver salesmen will be Monday to Friday inclusive and four (4) days when one ( l) statutory holiday falls during a week. Notwithstanding the above, when two (2) statutory holidays fall during a week, the Company will have the right to require employees to perform the:ir work on Sah1rday. 17.06 Driver-salesmen shall be paid .I 0 (I 0 cents) per carton on 75% (seventy five percent) of returned Humpty Dumpty cartons excluding all partners and allied brands. D1iver/Merchandiser split shall be 50/50 on the above carton returns. 17.07 The Company shall not charge driver-salesmen for a product that IS unsalable through no fault of the said driver-salesmen. 17.08 The Company employee Benefit programs, as set forth below, and. as summarized in the Employees Booklet shall 'be provided to all employees covered by this Collective Agreement. The benefit levels and rates of employee contribution shall continue throughout the tenn of the Agreement, unless otherwise noted below. The administration of the Plans, including the selection of the methods by which benefits are to be provided are vested solely in the Company or such other individual or entity as appointed by the Company, and such changes therein may be made at the Company's discretion. All terms and conditions shall be governed by the Master Plan document. - 14- The Benefit Plans are: a) The Employees Group Weekly Accident and Sickness Accidental Death and Dismemberment Plan. Effective January 1, 2001, the · weekly benefit shall be 66-2/3% of earnings to a maximum of $405.00 per week and $410.00 effective January I, 2002, and $415.00 effective January I, 2003, for twenty-six (26) weeks less the number of weeks for which the employee is eligible for disability benefits under the Unemployment Insurance Act. The Accidental Death and Dismemberment benefit will be fifty (50) times the weekly benefit. Where an application for disability benefits is submitted to the Unemployment Insurance Commission within two (2) weeks of the commencement of disability, and a delay in unemployment disability payments is subsequently encountered, the company sha!l continue weekly indemnity payments for a maximum period of four (4) weeks, subject to proof of continuing disability, and <:onditional upon the employees agreement to reimburse the Company for such additional weekly indemnity payments upon receipt of Unemployment Insurance benefits. b) The Employees Group Life Insurance Plan. The Retiree Life Insurance Benefit for retirees shall be the lesser of $4,000.00 or 10% of final average earnings, as. defined in the Plan, commencing the first year of retirement and thereafter. Dependant coverage is provided as follows - Spouse $2,000.00 and $1,000.00 for each eligible child. To be eligible employee must have basic life and dependant medical coverage. c) The Employees Group Long Term Disability Insurance Plan. Employee contribution may vary from year to year depending on Company's performance. d) The Employees Group Major Medical/Dental Plan. Effective 1 January 1' , of each year, will be a two (2) year lag. In addition, the semi-private room rates will be amended as follows: 1 • Effective Jan. 1' , 2001: 60$ 1 • Effective Jan 1' , 2002: 65$ • Effective Jan!'\ 2003: 70$ - 15- e) Effective January I, 1998, the Manuscript Pay Direct Drug Plan will be introduced for members of the bargaining unit. Drugs whic.h require a prescription will be covered for 90%. f) .· The Employees Retirement Income Plan. Subject to the approval of the Retirement Committee provided for in the Plan and all Provincial and Federal laws and regulations, the nort-contributory future service benefit level shall be ten dollars ($10.00) per month per year of service rendered on and after June 1", 1991. g) The bargaining savings plan. h) Effective January 1", 2006, a vision care program, with coverage of $150.00 every two (2) years to each patticipating employee and their eligible dependants. i) Employees who are eligible for and covered by these Plans will make monthly contribution as provided in the Plans· ($2.00, $4.00 or $6.00) based on employee's marital status. In the event an employee does not wish to patticipate in any of these Plans, he shall sign a waiver form as furnished by the Company. 17.09 The Company agrees to discussion with employees through their business representative and Steward before changing the method of distribution. 17.10 In the event an employee with one (1) years seniority whose normal duties include tbe operation of a Company vehicle, has his drivers license temporm·ily suspended for no more than fifteen (15) months as a result of non-work related incident, the Company may grant a leave of absence for up to fifteen (15) months without loss of seniority, such leave to be granted only one to an employee. Subsequent loss of driving privileges will resnlt in dismissal. The Company will be provided with verification of license and if required, proof of date of reinstatement before the employee will be allowed to return to his position. Upon reinstatement of his license and within one· (1) week from the date tbe employee is to return to his former route. If there is no job available during the leave of absence, this ill not prevent the employee from working somewhere else. 17.11 Unless otherwise specifically stated, any provision in this Agreement which is expressed in terms of the masculine shall, in its application to a female employee, be read with the necessary changes to express the feminine, and vice versa. - 16- ARTICLE 18- BEREAVEMENT ALLOWANCE 18.01 a) In the event of a death in the immediate family (legal spouse, common-law spouse, children of an employee), the employee shall be allowed up to f(mr days off with pay if the employee attends the funeral. In accordance with the following schedule, when the funeral is held on: Sunday, Monday or Tuesday two (2) days off with pay Wednesday or Saturday three (3) days off with pay Thursday or Friday four (4) days off with pay b) In the event of a death in the immediate family (mother, father, brother, sister, mother-in-law, father-in-law) of an employee, the employee shall be allowed up to three (3) days off with pay if the employee attends the flmeral in accordance with the following schedule, when the funeral is held on: Sunday or Monday one (1) days off with pay Tuesday or Saturday two (2) days off with pay Wednesday, Thursday or Friday tluee (3) days off with pay c) In the case of grand-parents, grandchild, hrother-in-law, sister-in law, he shall be allowed one day of bereavement provided he attends the funeral and provided fue ftmeral falls on a working day. d) Bereavement pay will be identical to Statutory Holiday pay as outlined in Article 13.02. ARTICLE 19- FRANCHISE 19.01 The Company will notify the Union of any intention it may have to implement an independent distributorship or sell or franchise any of its routes and will provide the Uni~·n with 180 days notice of this · intent. 19.02 a) In the event that the impkmentation of an independent distributorship or a sale or franchising of a route results in a layoff, the Company will pay S b) In the event that the implementation of an independent distributorship or a sale or fmnchise of a route results in a layoff, the Company will offer the agreed-to severance - 17- payment in a sequence of seniority. In the event that no employee choosea to accept voluntary layoff and severance, the employee with the least seniority shall be laid off, provided the senior employee has the skill and abmty to perform the work. c) For the purposes of calculating the severance payment described herein, the weekly pay entitlement shall be the average weekly earnings (commission andfor salary and paid vacation pay) of the 52 weeks immediately preceding the date of the lay-off. ARTICLE 20- WAGE AND JOB CLASSIFICATIONS 20.01 I. Spare Men New Hire Rate $640.00 Increase- after one year of employment $650.00 Increase- after two years of employment $670.00 lf on a route for a full week, will be paid the co111111ission of the route. When not covering a route the normal days off will be either Saturday or Sunday aud another day selected by the Company. II. Direct Chain Route Base: $385.00 4% Co111111ission structure It is understood that Saturday will be a normal work day on a chain route. Chain route normal days off will be Sunday and Wednesday. · Ill. Retail Driver-Salesmen No Base 11 3/4% Commission 4% Commission for Private Label, Discount Label* and Vending and Halloween *Discount label will not include Humpty Dmnpty products. - 18- IV. Retail/Chain Route No Base 11 3/4% Commission lt is understood that Saturday will be the normal workday on a retail/chain route. The normal datys off will be Sunday and Wednesday. An Independent Grocery Store will be considered a chain store for the purpose of this article. V. Driver Merchandiser Start Rate $570.00 Increase- after one year of employment $580.00 Increase- after two years of employment $590.00 VI. Merchandiser Start Rate $500.00 After3 months $510.00 After 6 months $520.00 Increase- after one year of employment $530.00 Increase -after two years of employment $540.00 20.62 Full commission shall be paid for deliveries or shipments with exceptions of Halloween, Bulk, Partne;r Brands and any other product requested by the customer ma,le direc1tly to a Salesman's. 20,03 Definition of net sales A net sale is defined as the net amount billed to the customer, i.e. - gross sales less discount, ·samples, stales, promotional allowance, free merchandise or any other deduction subtracted from gross sales on the invoice. Commission shall be paid on net sales less allowance for taxes. -19- ARTICLE 21 -NOTICES 21.01 All notices required or permitted to be given or served hereunder shall be addressed as follows: OLD DUTCH FOODS LTD. 1290 Old Innes Road, Unit 722 Ottawa, Ontario KIB5M6 Attn: Regional Sales Manager -and- HUMAN RESOURCES OLD DUTCH FOODS LTD. 100 Bentall Street Winnipeg, Manitoba R2X2Y5 -and- MILK AND BREAD DRIVERS, DAIHY EMPLOYEES CATERERS AND ALLIED EMPLOYEES LOCAL UNION NO. 647 5155 Spectrum Way Unit 8 Mississauga, Ontario L4W SAl (905) 206-9494/1-800-387-9924 -20- ARTICLE 22- TERMINATION 22.01 This agreement shall be in full force and effect up to an including July 19, 201.1, and unless either party gives notice in writing to the other party that amendments are required or that the party intends terminating the agreement, it shall automatically continue from year to year. 22.02 Notice that amendments are required, or that either patty intends to te1minate the agreement may only be given during a petiod of not more than ninety (90) days, and not less than thirty (30) days prior to the date of said am1iversary of the date of any succeeding anniversary. 22.03 During any negotiations, following upon notice of termination or notice of amendments, either party may bring forward counter proposals. In witness hereof, the Company and the Union have hereunto caused this agreement to be signed by its duly authorized representatives on the date and year mentioned below. OLD DUTCH FOODS LTD. MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED EMPLOYEES, LOCAL UNION NO. 647 , 20 lr - 21- LETTER OF INTENT COMPANY'S POIC'( The Union recognizes the application of the Company's policy that if an employee extents to any customer credit not specifically authorized by the Company, he does so at his own risk and shall be liable to the Company for the amount of any cheque or credit not honored hereafter. The employee shall be responsible for the price of all products supplied by the Company and the Company shall have the right to withhold the ammmt of any proven shortages or monies owing from the salary and commisl:ions due to the employee. The Company will meet with the employee and Steward prior to implementation of recovery proceeding through payroll deduction. SIGNED FOR THE COMPANY -22- LETTER OF UNDERSTANDING BETWEEN: OLD DUTCH FOODS LTD. ("The Company") AND: MILK AND BREAD DRIVERS, DAIRY EMPLOYEES CATERERS AND ALIED EMPLOYEES, Local 647. Affiliated with the ln!emational Brotherhood of Teamsters It is agreed between the parties that: The Company shall pay a one time signing bonus (in 2009) of $500.00 to all employees covered under the collective agreement and employed on the date of ratification. This payment will be made on a separate cheque (if possible) within 10 business days. The initial company delivery of pre-packed Snacks skids to any one account for each merchandising event will be paid at 4% commission. (Provided the salesman is there to help check in the product and get it unwrapped an on the floor). The salesman will replenish the skid at his regular 113/4%*. A second order date for a pre-packed skid during any one event must be approved by the salesman. If a salesman has to deliver and build a display on his own he/she receives 11314%. *On a chain route the 11314% would be replaced with his regular commission level. SIGNED FOR THE COMPANY Signed the ~-'7'--- day of Drr~~