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Collective Agreement Old Dutch Foods Ltd COLLECTIVE AGREEMENT Between: OLD DUTCH FOODS LTD. And UNIFOR AND ITS LOCAL LOCAL462 Effective: December 3, 2014 Expiry: December 2, 2017 Md/cope343 TABLE OF CONTENTS Article Page Article 1 Union Recognition...................................................... 1 Article 2 Management Rights .................................................... 1 Article 3 Union Security........................................................... 1 Article 4 Stewards .................................................................. 2 Article 5 Grievance Procedure.................................................. 3 Article 6 Arbitration. 4 Article 7 Policy Grievance........................................................ 4 Article 8 Termination of Employment.......................................... 4 Article 9 Seniority........................ 6 Article 10 Route Bidding........................ 7 Article 11 Route Cuts........................ 8 Article 12 Vacations........................ 9 Article 13 Statutory Holidays....................................................... 10 Article 14 Dress Code............................................................... 11 Article 15 Safety ....................................................................... 11 Article 16 No Strikes, No Lockouts ................................................ 12 Article 17 General Notes ............................................................. 12 Article 18 Bereavement Allowance................................ .. .............. 13 Article 19 Franchise ................................................................... 14 Article 20 Wage and Job Classifications ......................................... 14 Article 21 Notices ...................................................................... 17 Article 22 Termination ................................................................ 17 Letter of Intent Re: Franchising of Routes .......................... 19 Letter of Understanding Re: P.E.L. ............................................... 20 Letter of Understanding Re: Company Wide Work Week .....................21 Memorandum of Settlement. .......................... ... ................................ .22 OLD DUTCH FOODS LTO. (Hereinafter called the "Company'') OF THE FIRST PART -and- UNIFOR AND IT'S LOCAL462 (Hereinafter called the "Union") OF THE SECOND PART ARTICLE 1 - UNION RECOGNITION 1.01 The Company recognizes the Union as the sole collective bargaining agent of all employees of the Company employed in the cities of London and Woodstock, Ontario save and except supervisors and persons above the rank of supervisor and temporary employees, provided, however, that any such temporary employees, employed continuously for a period of more than the probationary period, shall be included in the bargaining unit. ARTICLE 2- MANAGEMENT RIGHTS 2.01 Except where abridged by the specific terms of this Agreement the management of the Company's operation and the selection and direction of the employees will be solely vested in the Company. 2.02 Supervisors or other management personnel will not perform sales work normally done by a member of the bargaining unit, except in the case of emergencies, or for the purpose of instruction. 2.03 In construing this Agreement, all words denoting the masculine gender shall be read and construed as including the feminine gender. ARTICLE 3 - UNION SECURITY 3.01 All employees of the Company covered by Article 1 of this Agreement shall, as a condition of employment, become members of the Union after a period of thirty (30) working days from the date of hiring and maintain their membership in good standing. 1 3.02 The Company, upon receipt of authorization from its employees covered by Article 1 of this Agreement, on a form supplied by the Union and approved by the Company, shall deduct from such employees' weekly pay the sum authorized b¥, the Union for payment of Union dues, and shall remit same by the 20 day of the following month for the previous four week period to the Union office and attach with such remittance a list of said employees for which the said deductions were made. 3.03 The Company, upon receipt of authorization on a form supplied by the Union and submitted to the Company on behalf of and signed by each of its employees, shall deduct after thirty (30) working days from such employees' pay the sum authorized 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 judgements arising in connection with or in relation to this article. ARTICLE 4- STEWARDS 4.01 The Union may appoint an employee to act as a Steward. The Steward shall have no authority to alter, amend, violate or otherwise change any part of this Agreement. 4.02 The Steward or any other officers 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 a steward, employees must have a minimum of one year of seniority with the Company. The Union shall notify the Company in writing of the name of the Steward, the effective date of his appointment or selection and of 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 National Representative of the Union shall, after notifying the Branch Manager of a person designated by him, be granted admission to the Company's offices with the understanding that there will not be any interference with the normal and proper operation of the business. 2 4.06 The Union shall have the privilege to post on a bulletin board provided by the Company for the Union notices in the salesroom, notices after first securing the Company's approval. 4.07 Should the Steward or employee(s) be brought in for discussion before he starts or after he has completed his normal workday at the request of management, he shall not be requested to append more than one-half (Y2) hour in discussion. 4.08 Whenever possible, the Steward will be asked to be present when employees are reprimanded or disciplined. 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 of the Agreement as quickly as possible. (a) The employees, through their Steward, shall have the right to discuss at a suitable time any grievance with the District Sales Manager. (b) If the reply is not satisfactory, within one (1) working day of its occurrence, 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. (c) If within five (5) working days of written submission the reply is still unsatisfactory, it will then be referred to the National Representative of the Union and the Vice-President and General Manager Ontario Division who will attempt to resolve the grievance within seven (7) working days. Any decision arrived at between the parties will be final and binding on the parties. The employees concerned shall be present along with the Union Steward at the grievance meeting. (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 seven (7) working days before presentation as prescribed in this Article. (f) Any of the time allowances provided in this Article may be extended by mutual agreement in writing. 3 ARTICLE 6- ARBITRATION 6.01 (a) When a grievance concerning the interpretation or alleged violation of this Agreement is not adjusted to the satisfaction of the Union pursuant to the grievance procedure the Union may, within ten (1 0) days from the date of the Company's decision, request arbitration for such grievance. 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 arbitrator. The arbitrator shall proceed as quickly as possible to determine the matter in dispute and his decision shall be final binding upon the parties. (b) The Arbitrator shall not have the right to alter or change any of the provisions of this Agreement, or substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. 6.02 Each of the parties hereto will jointly share and share alike the expenses of the arbitrator and such other expenses as may be mutually agreed upon by the parties. 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 that the Union and the Company shall have the right to file a policy grievance at a time not later than one (1) month from the date of the grievance with regard to any dispute in the interpretation or manner in which the contract is being complied with. The Union and the Company representatives shall first discuss the complaint
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