UNION PRO SPORTSWEAR INC. (Herein after referred to as the "Employer"} OF THE FIRST PART UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 ARTICLE 1 - PURPOSE 1.01 The general purpose of this Agreement is to secure for the Employer; the Union and the Employees, the benefits of orderly collective bargaining and to the fullest extent possible to provide for the highest possible standard of safety and physical welfare of the employees, economy of operation, quality and quantity of output. ARTICLE 2 - RECOGNITION 2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees of the Company, save and except: Foreman, Foreladies, persons above the rank of Forepersons, office staff and sales staff. 2.02 The Employer agrees to employee and retain in his employ none but members in good standing of the United Food and Commercial Workers Union, as herein set out to perform all: Cutting, pressing, operating, printing, shipping and all general work. 2.03 The Union undertakes to supply the Employer with competent help and the Employer agrees to engage those workers directed to him by the Union in response to his request. If the Union is unable to supply the required help, they will inform the Employer at the time the request is made. In such cases the Employer will be at liberty to engage such help from the open market provided the union office is notified within five (5) working day so an employee being hired in this manner. ARTICLE 3 • MANAGEMENT RIGHTS 3.01 The Union agrees that it is the exclusive function of the Employer to : (a) conduct his business in all respects in accordance with its commitments and responsibilities, including the right to generally manage the work in which it is engaged; locate; extend; curtail or cease to operate; to determine the kinds of machines, tools and equipment to be used; to determine the methods of production; to maintain order; discipline and efficiency. (b) To make, alter form "time to time, and enforce reasonable rules of conduct and procedure to be observed by the employees. It is further agreed that these functions shall not be exercised in a manner inconsistent with the expressed provisions of this Agreement. ARTICLE 4 • UNION SECURITY 4.01 The Employer agrees that all employees in the bargaining unit shall on completion of their probationary period, become and remain members in good standing of the Union as a condition of employment. ARTICLE 5 - CHECK-OFF OF UNION DUES 5.01 During the lifetime of the Agreement, the Emp.loyer shall deduct from the pay of all employees on the first day of each calendar month, union dues in the amount certified by the Union to the Employer, to be currently in effect and any uniform assessment prescribed by the Union, and shall remit same, prior to the end of such month to the Financial Secretary of. the Union. 5.02 The Employer shall check-off the Union initiation fee from all new employees on the First pay period after completion of the probationary period, which is (60) sixty calendar days from hire date. A letter of authorization to be signed by new employees at the time of hire and a copy of letter to become Appendix "A" of this Contract. ARTICLE 6 ·UNION REPRESENTATION 6.01 The Employer agrees to recognize a Shop Steward as a representative of the Union for those employed in the factory concerned. · 6.02 It is understood and agreed that the Union Representative will be admitted to the factory premises during working hours, when on union business, after permission has beeri given by Management. 6.03 The Employer agrees to assign suitable space in the factory for posting of a Union Board. ARTICLE 7 - DISCRIMINATION 7.01 The Employer and the Union shall not discriminate against any employee with respect to terms and conditions of employment on the grounds of: race, creed, colour, age, sex, marital or parental status, religion, nationality, .ancestry or place of origin, union membership or activity, family relationship, place of residence, political affiliation or activity. 7.02 The Employer and the Union agree no form of sexual harassment shall be condoned in the workplace and it is further agreed that both parties shall work together in recognizing and resolving such problems should they arise. Situations involving sexual harassment shall be treated in the strictest confidentiality by the Employer and the Union. 7.03 Comprehensive policies on No Harassment and Non-discrimination will be developed jointly by the Union and the Management. The approved policies will be circulated to all workers and will be provided to new employees as they join the workplace. ARl'ICLE 8- NO s·rRIKE-NO LOCKOUT 8.01 During the lifetime of the Agreement, the Union agrees that there will be no strike, stoppage, slowdown or picketing or any other or any other act which will interfere with the regular schedule of work and the Employer agrees that there will be no lockout. ARTICLE 9 - SCHEDULE OF HOURS 9.01 The following sections are intended to define the normal hours of work and shall not be construed as a guarantee of hours per day or per week or of days per week. 9.02 The normal work week shall consist of Forty (40) hours, Monday through Friday, 8:30am to 4:30pm. 9.03 All work done during period other than hereinbefore provided shall be overtime work and shall be paid for, at a rate of time and one half (l lh} the employees base rate plus any bonus earned in the case of pieceworkers. 9.04 All overtime work shall be on a voluntary basis. 9.05 Unless otherwise notified, when a worker reports for work and there is no regular work available, the worker is guaranteed four (4) hours of other work which they must accept at their average rate of pay of four (4) pay, excepting where case of failure to provide work has occurred due to circumstances beyond the reasonable control of the Company. 9.06 Employees shall be granted a ten (1 0} minute rest period each half shift in addition to the regular lunch period. 9.07 All time worked on Sunday shall be paid at double time in accordance with Article 9.03 above. ARTICLE 10 - SENIORITY 10.01 Seniority is the principle of granting preference to employees in accordance with length of continuous service with the Employer. For the purpose of this Article, seniority shall apply on a departmental basis. 10.02 New employees shall service a probationary period of 60 Calendar days before acquiring seniority rights, which shall then date back to their date of starting with the Company. Probationary may be disciplined or discharged with just cause, which shall exist where in the Employer's decision of discipline or discharge was not discriminatory, arbitrary or in bad faith. · 10.03 In the slack period when there is not sufficient work for all employees, department seniority shall be the governing factor in layoffs provided the remaining employees have the qualifications to perform the normal requirements of the available work. The employees with the greatest seniority shall be the last to be laid off and conversely the first to be recalled from layoff. For the purpose of this Article a layoff means a layoff of more then five {5) working days. In the event that layoffs are required in the plant, layoff of all probationary employees shall occur first. Shop Chairman. or Stewards shall retain top seniority. 10.04 Seniority once established for an employee shall be forfeited and the employee's employment shall be deemed to be terminated under the following conditions: (o) if she/he voluntarily quits; . (b) . if she/he is discharged for any cause and not reinstated through the grievance procedure; (c) if she/he fails to report for duty after a layoff or leave of absence in accordance with the provisions of this Agreement; (d) if (12) twelve months have elapsed form the day of layoff; (e) if she/he is absent form work for more than three (3) scheduled working days without no-tifying the employer, in circumstances it was impossible for the employee to give notice to the employer; (f) if an employee is absent form work for ( 18) eighteen months due to illness or accident. 10.05 When recalling an employee after layoff, "they shall be called by telephone, if they can not be reached, they shall be notified by registered mail or telegram and allowed 24 hours to report to work. An employee to whom registered mail or telegram is sent must contact his foreperson within 24 hours of the notice of return to work if he wishes the employer to hold the job open for him for work period. On recall an employee must be willing to preform whatever work management determines as necessary and such employee will be paid at the rate of the job which he is recalled until work is available in his former position. It shall be the employee's responsibility to keep the Employer notified as to their proper address and telephone number. 10.06 An employee shall accumulate seniority under any of the following conditions: (a) while she/he is at work for the Employer after he has completed his probationary period as set out in 10.02 (b) during any period when he is prevented form performing his work for the Employer by reasons of injury arising out of and in the occurs of his employment for "the Employer and for which he is receiving .compensa-tion under the Workers Compensation Act.