Collective Agreement Canada Bread Division of Grupo
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COLLECTIVE AGREEMENT CANADA BREAD DIVISION OF GRUPO BIMBO AND MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED EMPLOYEES, LOCAL UNION NO. 647 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS Contract Term: Ratification to December 31, 2020 0 Carl Davis Secretary-Treasurer Business Representative Martin Cerqua President & Principal Officer Business Representative Jeff Beer Trustee 1 Business Representative 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 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 Martin Cerqua President Teamsters Local # 647 3 COLLECTIVE AGREEMENT CANADA BREAD LIMITED (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 December 31, 2020 4 INDEX ARTICLE TITLE PAGE 1 UNION RECOGNITION 7 2 UNION SECURITY & CHECK OFFS 7 3 MANAGEMENT RIGHTS 8 4 BARGAINING UNIT WORK 9 5 HEALTH & SAFETY 9 HOURS AND SCHEDULING OF WORK 6 HOURS OF WORK 11 7 OVERTIME 12 8 BREAKS & LUNCHES PERIOD 14 9 PHONE IN 15 UNION AFFAIRS 10 STEWARD & NEGOTIATION COMITTEE 15 11 SENIORITY 17 12 GRIEVANCE PROCEDURE 18 HOLIDAY, LEAVE AND BENEFITS 13 VACATIONS 21 14 PAID HOLIDAYS 24 15 INSURANCE 26 16 PENSION PLAN 27 17 BEREAVEMENT LEAVE 27 18 JURY DUTY 27 19 LEAVE OF ABSENCE 27 GENERAL PROVISIONS 20 PART TIME & SEASONAL ASSOCIATES 28 21 POSTING VACANCIES & JOB BIDDING 31 22 NOTICE OF LAYOFF, RECALL & SEVERANCE PAY 33 23 RULES APPLYING TO TERMINATION OF EMPLOYEMENT 36 24 NO STRIKE/ NO LOCK –OUT 36 25 GENERAL NOTES AND MISCELLANEOUS 36 26 WAGE APPENDIX 38 27 SKILLED TRADES APPENDIX 42 28 EFFECTIVE DATE & DURATION 45 29 GROUP BENEFITS PLAN SUMMARY 45 L/U # 1 Distribution of Overtime 51 L/U # 2 Grandfathered provisions for Transferring Associates 52 L/U # 3 Temporary or Agency Workers 53 L/U # 4 Signing of Documentation 54 L/U # 5 Shift Bid and Open Vacancies Clarification 55 5 Effective: January 1, 2016 Expiry: December 31, 2020 Who is Teamsters Canada ? 60 Teamsters Canada Services 61 Student Scholarships 62 Grievance, Complaint, Disagreement 64 The Grievance Procedure and You 65 WSIB Rights Obligations for Workers 67 Grupo Bimbo Code of Ethics 71 Union Contact Information 81 Canada Bread Contact Information 82 Trillium Main Phone Line 905-679-7500 Trillium Sick Line 905-679-7550 Trillium Fax 905-679-7592 Teamsters 647 Local Union 800-387-9924 Teamsters 647 Local Union 905-760-0209 Teamsters Fax 905-760-8615 Jeff Beer Business Representative jeff.beer@teamsters647@ca WITNESSETH It is the intent and purpose of this Agreement to recognize the community of interest between Canada Bread Company Limited and the Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees Local Union No. 647 affiliated with the International Brotherhood of Teamsters, in promoting the utmost co-operation consistent with rights of both parties. It is further the intent of this Agreement to foster a friendly spirit, which shall prevail at all times. 6 This treatment is therefore designed to clearly set out the rates of pay, hours of work, and conditions of employment to be observed between the parties. 7 ARTICLE 1: UNION RECOGNIITON 1.01 The Company acknowledges the Union as the sole and exclusive bargaining agent for all associates in the municipality of Metropolitan Toronto, and Hamilton Ontario, save and except persons above the rank of supervisors, clerical, office and sales staff, and those already covered by existing Collective Agreements. In the event this plant is moved in whole or in part to a new location in Southern Ontario, the parties agree that the municipal address of the new plant will be specifically referenced within the provisions of this Article. 1.02 The Union shall not intimidate or coerce any person into membership in the Union and shall not hold meetings, or other Union activities, on the Company's time or property, except as prescribed by this agreement. The Company shall not discriminate against, interfere with, restrain, or coerce any associate because of membership in the Union or Union duties consistent with this agreement. 1.03 In this agreement wherever the masculine gender is used, it shall be constructed to be the masculine or the feminine, as the context requires. 1.04 There shall be no discrimination by either the Company or the Union against any person in regard to employment with the Company or membership in the Union consistent with the Human Rights Code of Ontario. ARTICLE 2: UNION SECURITY & CHECK OFFS 2.01 All associates of the Company covered by this 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. 2.02 The Company further agrees to inform all new associates who are covered by this Agreement that full Union membership is a condition of employment after seven hundred (700) working hours have elapsed from the date of hiring. The Company undertakes to inform the Union whenever a new associate is hired by a written statement within seven (7) days after hiring. New associates shall be liable to pay the full amount of Union dues (excluding initiation fees) for the week in which they are hired. In the seven hundred (700) working hour’s period following their hiring, the Company will deduct the appropriate amounts from their wages and remit same in accordance with the provisions of Article 2 thereof as if they were regular associates. After seven hundred (700) working hours have elapsed from the respective dates of hiring, all associates must, as a condition of employment, become members of the Union in accordance with provisions of the Union Constitution and Bylaws. In the case of every associate, the Company agrees to deduct from his/her first regular pay following the seven hundredth (700th) working hours from the date of 8 hiring, the full initiation fee then in force, and to remit same to the Union within seven (7) days of deduction. 2.03 The Union will not hold any meetings on the Company property except as agreed to by the Company. 2.04 The Chief Steward or his/her designate will be informed of all new associates by name and job classification. The Local Union shall receive a copy of the signed union card for associates covered by the Collective Agreement. If the associate does not sign his/her union card, he shall be taken off the job at the written request of the Union. 2.05 The Company will deduct monthly from the pay of each associate an amount specified by the Union, equivalent to Union dues and assessments owing by each associate for Union purposes. The total of such deductions shall be remitted to the Secretary-Treasurer of the Union not later than the 20th day of each month. The Union shall notify the Company, in writing, as to the prevailing rate of Union dues and assessments. 2.06 In case of a regular associate being off work for any reason when dues are to be deducted, said dues will be deducted fully from the first full pay upon return to work, unless otherwise instructed, by the Secretary Treasurer of the Union. Dues will be deducted from vacation pay. 2.07 The Union agrees to save the Company harmless from any suit or judgment arising from the above check- off arrangements. 2.08 As soon as practicable following the ratification of the Collective Agreement, the Company will provide office space on the premises of the Trillium Plant for use by the Union Stewards for the purpose of conducting Union business and the storage of Union information. This will be a controlled access space i.e. electronic swipe access. Use of the office space for purposes other than intended will result in the removal of this privilege. 2.09 Union Notice Boards The Union shall be provided with 3 Union bulletin boards to communicate with the Teamster membership. A Union board shall be placed in each cafeteria, and main entrance. All postings must first be approved by the Plant Manager or his/her designate. ARTICLE 3: MANAGEMENT RIGHTS 3.01 Management has the right to manage its business in all respects subject to terms of this Agreement. Management agrees to exercise these rights fairly and reasonably. 9 ARTICLE 4: BARGAINING UNIT WORK 4.01 The Company agrees that supervision and management will not perform bargaining unit work if the performance of such bargaining unit work causes the layoff of any existing associates in the bargaining unit, or if it prevents the recall of any associate in the bargaining unit who is on lay off, or if it causes a reduction in the regular hours of any existing associates in the bargaining unit.