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COLLECTIVE AGREEMENT OTTAWA ROUTE Sallll:SMEN Between OLD DUTCH FOODS LTD. MILK and BREAD DRIVERS, DAIRY El11ployees CATERERS AN

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COLLECTIVE AGREEMENT OTTAWA ROUTE Sallll:SMEN Between OLD DUTCH FOODS LTD. MILK and BREAD DRIVERS, DAIRY El11ployees CATERERS AN 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 <<employee>> as used in th•~ Agreement means those persons falling within the bargaining unit described in Article 1.OJ above. 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<o Company shall have the right to file a grievance at a time not later than two (2) months from the date of the grievance with regard to any dispute in the interpretation of manner in which the contract is being complied with. The Union and Company representatives shall first discuss the complaint, such complaint to be either discussed or resolved within a period of fifteen (I 5) working days. If no mutual agreement is reached, either patty may submit the matter to arbitration. 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
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