COLLECTIVE AGREEMENT DIMPFLMEIER BAKERY LIMITED

NOV 0 6 2013
COLLECTIVE BARGAINING
INFORMATION SERVICES
CO LLE CT IVE AGREEMENT
BETWEEN:
DIM PFL ME IER BAKERY LIM ITE D
(hereinafter referred to as "TH E EMP LOY ER" )
OF THE FIR ST PAR T
•
- and -
BAKERY, CONFECTIONERY, TOBACCO WO RK
ER S' &
GRAIN MIL LER S INTERNATIONAL UNION
LO CA L26 4
(hereinafter refen·ed to as "THE UNION)
OF THE SECOND PAR T
TER M:
APR IL 06, 2011
to
APR IL 05, 2016
2
•
ARTICLE I- PURPOSE OF AGREEMENT.. ...........................
......................................... 3
ARTICLE 2- SCOPE & RECOGNITION ....................................
...................................... 3
ARTICLE 5 ~NO STRIKES OR LOCK-OUTS ...........................
....................................... 5
ARTICLE 8 -GRI EVA NCE PROCEDURE ....................................
................................... 7
ARTICLE 9- DISCHARGE & SUSPENSION CASES ..................
................................... 8
ARTICLE II -SEN IORI TY ...............................................................
................................. 9
ARTICLE 13- PERSONAL LEAVE OF ABSENCE ..................
..................................... II
ARTICLE 14- HEALTH & SAFETY .............................................
.................................. II
ARTICLE 16- JOB POSTING ......................................................
.................................... 12
ARTICLE 18- MATERNITY LEAVE .............................................
................................ 14
PAY ON DAY OF INJURY ...............................................................
................................ l4
ARTICLE 19-B EREA VEM ENTL EAV E ....................................
................................... l4
ARTICLE 22- JURY DUTY ......................................................
....................................... l5
ARTICLE 23- HOURS OF WOR K- OVERTIME ..................
....................................... 15
ARTICLE 26 UNIFORMS ...............................................................
................................. 19
SAFETY SHOES .................................................................................
............................... 19
ARTICLE 28 - LEAD HANDS ......................................................
................................... 19
ARTICLE 29- SEVERANCE PAY ................................. Error
! Bookmark not defined.
ARTICLE 30- FRINGE BENEFITS ................................. Error
! Bookmark not defined.
__ARTICLE 31- WAGES ..................................................... Error
! Bookmark not defined.
ARTICLE 32- TERMS OF AGREEMENT ....................................
.................................. 22
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THIS AGRE EMEN T is made and entered into this 6'h day of April 20 II.
BETW EEN:
DIMPF LMEIE R BAKE RY LTD.
(herein after referre d to as "the Employ er")
OF THE FIRST PART
andBAKE RY, CONFE CTION ERY, TOBA CCO WORK ERS' AND GRAIN
MILLE RS
INTER NATIO NAL UNION , LOCA L 264
(herein after referred to as "the Union)
OF THE SECON D PART
It is hereby agreed betwee n the parties hereto as follows:
ARTIC LE I -PURP OSE OF AGRE EMEN T
•
1:01
The purpos e of this Agreem ent is to provide orderly collecti ve bargain ing
relation s
betwee n the Employ er and its employ ees covered by this Agreem ent through
the Union
to secure prompt and fair disposi tion of grievan ces, to secure the efficien t
operati on of
the Emplo yer's busines s without interrup tion or interfer ence with work, and
to provide
fair wages, hours and workin g conditi ons for the employ ees. It is recogn ized
by this
Agreem ent to be the desire of the Employ er, the Union and the employ ees
to cooper ate
fully, individ ually and collecti vely for the advanc ement of the said conditi
ons.
ARTIC LE 2- SCOPE & RECOG NITIO N
-.,
~y
2:0 I
This Agreem ent shall apply to all employ ees in the bargain ing unit defined
in the
Certific ate issued by the Ontario Labour Relatio ns Board on the 3'd day of
Octobe r
1985; that is, all employ ees of DIMPF LMEIE R BAKE RY LTD. in Metrop
olitan
Toront o, save and except foremen, persons above the rank of forema n, office
and sales
staff, drivers, persons regular ly employ ed for not more than twenty -four hours
per week
and student s employ ed during the school vacatio n period.
2:02
The Emplo yer recogni zes the Union as the sole collecti ve bargain ing agent
for all
employ ees of the Employ er in the bargain ing unit defined above.
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ARTICLE 3- MANA GEME NT RIGHTS
3:01
The Union recognizes and acknowledges that the management of the
plant and its
facilities and direction of the working forces are fixed exclusively in
the Employer and
without limiting the generality of the foregoing the Union acknowledges
that it is the
exclusive function of the Employer to:
a) maintain order, discipline and efficiency and in connection therew
ith to make, alter and
enforce from time to time rules and regulations, policies and practices
to be observed by
its employees; discipline or discharge employees for just cause provid
ed that a claim by
an employee who has acquired seniority that he has been discharged
or disciplined
without cause may be the subject of a grievance and dealt with as herein
after provided;
b) select, hire, transfer, assign to shifts, promote, demote, classify,
lay-off, recall, retire
employees or select employees for positions excluded from the bargai
ning unit;
c) require medical examinations by an Employer appointed physician
whose costs shall be
paid for by the Employer;
d) determine the location of operations, and their expansion or their
curtailment, the
direction of the working forces, the subcontracting of work, the schedu
les of operations,
the number of shifts; determine the methods and processes to be emplo
yed, job content,
quality and quantity standards, the establishment of work or job classif
ications; change,
combine or abolish job classifications; determine the qualifications of
an emplo yee to
perform any particular job; the nature of tools, equipment and machi
nery used and to
use new or improved methods, machinery, methods or processes; decide
on the number
. of employees needed by the Employer at any time, the number of hours
to be worked,
starting and quitting times, when overtime shall be worked, and require
employees to
work overtime; the determination of fmancial policies, including genera
l accounting
procedures and custom er relations;
•
e) have the sole and exclusive jurisdiction over all operations, buildin
gs, machinery,
equipment and employees.
3:03
The Employer agrees that it will not exercise its functions in a manne
r inconsistent with
the provisions of this Agreement and the express provisions of this Agree
ment
constitute the only limitations upon the Emplo yer's rights.
3:04
Without limiting the Employer rights to discharge in any other case,
it is agreed that
theft of prope11y of the Company, its employees and customers shall
result in the
specific penalty of discharge.
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ARTI CLE 4- UNIO N SECU RITY
•
4:0 I
The Union will not nor will any emplo yee engage in Union activities
during working
hours or hold meetings at any time on the premises of the Emplo yer
without the
permis sion of the Emplo yer.
4:02
The parties hereto agree that any emplo yee of the Emplo yer covere
d by this Agree ment
may becom e a memb er of the Union if he wishes to do so and may
refrain from
becom ing a memb er if he so desires. No emplo yee will be discriminated
against or
coerced, restrained or influenced on accoun t of memb ership or non-m
ember ship in the
Union.
4:03
During the term of this Agree ment the Emplo yer agrees to deduct regula
r month ly
Union dues as certified by the Union to be currently in effect accord
ing to the
Constitution and By-laws of the Union from the wages of each emplo
yee who has
completed the probationary period, on the first pay day of each calend
ar month and to
remit the amoun t so deduc ted to the local Union Secretary-Treasure
r, no later than the
21" day of that month.
4:04
The Comp any agrees to deduc t from the pay of future employees who
have compl eted
the probationary period, the Union initiation fee, which shall be consis
tent and be
deducted regardless of wheth er the emplo yee becomes a memb er of
the Union.
4:05
Delinq uent dues will be deduc ted from employees upon notification
to the Comp any
and emplo yee from the Union office.
4:06
New emplo yees upon compl etion of probat ion must sign Union dues
check off forms to
be supplied by the Union.
4:07
The Union will indemnify the Emplo yer and save it harmless from
any and all claims or
demands which are made to it by any emplo yee as a result of any action
taken by the
Emplo yer pursuant to the provisions of this Article.
ARTIC LE 5- NO STRIK ES OR LOCK -OUT S
5:01
In view of the orderl y proced ure establi shed by this Agree ment for
the settling of
disputes and the handling of grievances, the Union agrees that, during
the lifetime of
this Agreement, there will be no strike, picketing, slowd own or stoppa
ge of, or
interference with, work or production, either compl ete or partial, and
the Emplo yer
agrees that there will be no lock-out of employees.
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ART ICLE 6- REPRESENTATION
6:01
Stewards, one of whom shall be the Chie f Steward, shall
be selected in accordance with
the following:
Bread Department
Days
Nights
One Steward
One Steward
Bread Slicing Dept.
Days
Afternoons
One Steward
One Steward
Cake Department
Days
One Steward
Shipping, Maintenance
One Steward
The Employer will recognize as Stewards employees who
have acquired three {3) months of
seniority after completing probation. The Union shall notify
the Employer in writing of the
names of such Stewards at the time of their appointment
and the Employer shall not be required
to recognize any Steward until it has been so notified.
•
6:02
A Steward may investigate and process grievances in accor
dance with the Grievance
Procedure set out in this Agreement.
6:03
At any further negotiations for the renewal of this Agreemen
t, the bargaining unit will
be represented by a maximum of three (3) employees who
have at least six (6) months
of seniority under this Agreement, and the Unio n's Repre
sentatives. The Negotiating
Committee shall be paid normal wages for all days of negot
iations.
6:04
No Steward shall leave his work to investigate or process
any grievance or to negotiate
with the Employer without the prior consent of his super
visor. No Steward may enter
any department other than his own without first obtaining
the consent of the supervisor
of that depmtment. Consent of the supervisor shall not be
unreasonably withheld. It is
understood that Stewards will not absent themselves from
their regular duties
unreasonably.
6:05
The company agrees that permission for the representative
of the Union responsible for
the membership covered by this Agreement to enter the
Company's premises will not
be unreasonably withheld on the understanding that here
will be no interference with or
interruption of production.
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ARTICLE 7 - NO DISCRIMINATION
7:01
There shall be no discrimination by the Employer or the
Union or its members against
any employee, because of race, creed, colour, sex, national
origin, religion or age, as
these terms are defined by the Ontario Human Rights Code
.
ARTICLE 8- GRIEVANCE PROCEDURE
8:01
The purpose of this Article is to establish a procedure for
the settlement of grievances.
8:02
An employee who has a complaint relating to the interpretati
on, application,
administration or alleged violation of this Agreement, may
discuss his complaint with
his immediate supervisor. Such a complaint shall be broug
ht to the attention of the
immediate supervisor within three (3) working days of the
incident giving rise to the
complaint. The immediate supervisor shall state his decis
ion verbally within three (3)
working days of receiving the complaint.
Step 1
•
Should the employee be dissatisfied with the immediate
supervisor's disposition of the
complaint, he may, with the assistance of his steward, refer
such matter on a written grievance
form supplied by the Union to his immediate supervisor
who shall answer the grievance in
writing within three (3) working days. The complaint shall
constitute a formal grievance at Step
I and shall be filed within three (3) working days of receip
t of the reply of the immediate
supervisor to the complaint. The grievance shall contain
a statement of the alleged violation, a
brief statement of the facts relied upon, indicate the relief
sought and be signed by the
employee.
Should the employee be dissatisfied with the disposition
of the grievance at Step 1, the
grievance may be refen ed to the General Manager or his
designate within three (3) working
days of receipt of the immediate Supervisor's reply at Step
I. A meeting with the Employer's
representative, the employee and, if the employee requests,
his Steward, shall be held within
three (3) working days of the refenal. The grievance shall
be answered in writing within three
(3) working days of the meeting.
If no settlement is reached at Step 2, the Chie f Steward and
Steward and representatives of
management shall meet within three (3) working days of
receipt of the reply of the General
Manager to discuss the grievance. The Union's Represent
ative may be in attendance at this
meeting. If the grievance is not settled within three (3) work
ing days, it may be referred to
arbitration as hereinafter provided.
8
8:03
The Union or the Empl oyer may initiate a grievance begin
ning at Step 2 of the
Grievance Procedure. Such grievance shall be filed withi
n ten (10) working days of the
incident giving rise to the complaint and be in the form
prescribed in Step I. Any such
grievance may be referred to arbitration under Article I
0 by either the Union in the case
of a Union grievance or the Employer in the case of an
Employer grievance. The Union
may not institute a grievance directly affecting an empl
oyee or employees which such
empl oyee or employees could themselves institute and
the regular Grievance Procedure
shall not thereby be bypassed.
8:04
Any complaint or grievance which is not comm enced or
processed through the next
stage of the Griev ance or Arbitration Procedures within
the time specified shall be
deemed to have been dropped. However, time limits speci
fied in the Griev ance
Procedure may be extended by mutual agreement in writin
g between the Empl oyer and
the Union. Section 44 (6) of the Labour Relations Act shall
have no application to the
time limits provided for in the Grievance and Arbitration
Procedures speci fied in this
Agreement.
8:05
No grievances may be submitted concerning the terminatio
n of employment, lay-o ff or
disciplining of a proba tiona ry employee. An empl oyee
will have no seniority rights
during the probationary period and if his employment is
terminated at any time during
such probationary period, such termination shall not be
subject to the Griev ance
Procedure.
ART ICLE 9- DISC HAR GE & SUSP ENSI ON CASES
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9:01
An employee who has acquired seniority and who is disch
arged or suspe nded shall be
given a reasonable opportunity to interview his steward
before leaving the Empl oyer' s
premises, unless it is necessary, because of the circumstan
ces giving rise to his
discharge, to require the immediate expu lsion of the empl
oyee from the plant premises.
9:02
An employee who has acquired seniority and who is disch
arged may file a griev ance at
Step 2 of the Griev ance Procedure within three (3) work
ing days after such discharge.
An employee who is suspended may file a grievance at
Step I of the Griev ance
Procedure within three (3) working days after such suspe
nsion.
9:03
Where a grievance which is filed under Article 9:02 is not
settled and duly come s
before an Arbitration Board, the Board may make a ruling
, subject to this Article and to
A1ticles 10 and 3:04.
a)
confm ning the Empl oyer' s action;
b)
reinstating the employee with compensation for regular
time lost (exce pt for the
amou nt of any remuneration or compensation the empl
oyee has recei ved from
any other source pending the disposition of his case); or
c)
disposing of the grievance in any other manner which may
be just and equitable.
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ARTICLE 10- ARBI TRAT ION
10:0 I Where a difference arises between the parties relating to the
interpretation, application
or administration of this Agreement, including any question as to wheth
er a matter is
arbitrable, or where an allegation is made that this Agreement has been
violated, either
party may, after exhausting any Grievance Procedure established by
this Agreement,
notify the other in writing of its desire to submit the difference or allega
tion to
arbitration. The notice shall be delivered to the other party within three
(3) working
days of the reply under Step 3.
10:02 Where a matter is referred to Arbitration, a single Arbitrator
shall be selected by the
parties. Should the parties fail to agree on the selection of an Arbitrator,
the Ministry of
Labou r shall be called upon to appoint one.
10:03 Each of the parties hereto will jointly share the expenses of the
Arbitrator, if any.
10:04 The Arbitrator shall not be authorized to make any decision incons
istent with the
provisions of this Agreement, nor to alter, modify or amend any part
of this Agreement.
ARTICLE II -SEN IORIT Y
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II :01 Newly hired employees shall serve a probationary period of fifty
(50) days worked
within a twelve-month period and shall have no seniority rights during
this period.
Upon completion of the probationary period, a new employee shall have
his seniority
dated back fifty (50) working days. During the probationary period
an emplo yee shall
be considered as being employed on a trial basis and may be discharged
at the sole
discretion of the Employer.
11:02 Seniority shall mean an emplo yee's length of continuous service
with the Employer. An
employee shall maintain and accumulate seniority under the following
conditions:
a)
while he is actively at work for the Employer after he has completed
his
probationary period as set out in Article 11:01 above;
b)
during any period when he is prevented from performing his work for
the Employer
by reason of injury arising out of and in the course of his employment
for the
Employer and for which he is receiving compensation under the provis
ions of the
Workers' Compensation Act, subject to Article II :04;
c)
during the first ninety days of any written leave of absence, and in the
case of
absence due to illness or layoff until seniority has been lost.
11:03 Seniority lists will be supplied to the Union and posted on the
bulletin board on January
I" and July I'' of each year of this Agreement.
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II :04 Seniority once established for an employee shall be forfeited
and the emplo yee's
employment shall be deemed to be terminated under the following condit
ions:
a) if he voluntarily quits;
b) if he retires;
c) if he is discharged for any cause and not reinstated through the Grieva
nce Procedure;
d) if he fails to report for duty after a Jay-off or leave of absence in
accordance with the
provisions of this Agreement;
e) if twelve (12) months have elapsed from the day of lay-off;
f)
if he is absent from work for more than three (3) consecutive schedu
led working days
without notifying the Employer;
g) if he is absent from work for more than sixteen months due to accide
nt or illness.
•
II :05 Employees promoted to supervisory positions or positions not
covered by this
Agreement will retain their seniority after promotion and if transferred
back into the
bargaining unit the time served in such position shall be included in
their seniority
standing, up to a maxim um of twelve (12) months, unless otherwise
mutually agreed. A
retum to the bargaining unit after twelve (12) months shall not be accom
plished by
laying off an employee to create an opening.
11:06 When recalling an employee after lay-off, he shall be notified
by registered mail or
telegram and allowed five (5) working days from the date of the notice
to report for
work and, in the meantime, if an employee is recalled and is not immed
iately available
for work, other employees in seniority standing may be recalled but
will be temporarily
employed until the senior employee reports within the five (5) workin
g days period as
outlined. An employee to whom a registered Jetter or telegram is sent
in accordance
with this Article must contact the Employer within five (5) working
days of the notice
of retum to work if he wishes the Employer to hold the job open for
him for the full five
(5) working day period. It shall be the Emplo yee's responsibility to
keep the Emplo yer
notified as to any change of address or telephone number so that they
will be up to date
at all times.
II
ARTIC LE 12 -BUL LETIN BOARD
12:01 The Union shall have the use of a bulletin board in the Emplo
yer's premises for the
purpose of posting notices relating to the Union's legitimate business
as it relates to the
Employer. Such notices must be approved by the Employer prior to their
being posted
and such approval will not be unreasonably withheld.
ARTIC LE 13- PERSONAL LEAVE OF ABSENCE
13:01 Leave of absence without pay and without loss of seniority shall
be granted by the
Comp any to any employee for legitimate personal reasons at least once
every three (3)
years. (A leave of absence which is granted on compassionate ground
s will not be
counted.) Such leave shall not exceed thirty-five (35) calendar days plus
vacation
entitlement. Any application for leave under this clause must be made
three (3) weeks
in advance of the date the requested leave is to commence, and a reply
will be given to
the applicant within one (1) week after the application is made. A maxim
um of two (2)
employees per department shall be allowed a leave of absence at the
same time. If more
than two (2) employees apply for the same time, then seniority shall
govern.
•
13:02 Any leave of absence granted by the Employer shall be in writing
and shall set out the
length of leave of absence granted, the purpose of the leave and the terms,
if any, on
which it was granted .
13:03 If an employee is sent from work to the Employer's doctor for
the purpose of a medical
examination requested by the Employer, the employee shall not thereb
y suffer a loss of
wages for regular hours for time spent traveling to and attending at the
doctor 's office.
13:04 Subject to Article 11:04, an employee receiving Workers' Comp
ensation benefits shall
be considered on leave of absence until he is fit to return to work availab
le, and during
that time must keep the Employer advised of his current address and
remain a resident
of Ontario.
Employees off on Workers' Compensation benefits must report their
status to the Safety
Coordinator on a biweekly basis.
ARTIC LE 14- HEALTH & SAFETY
14:01 The Employer and the Union agree that they mutually desire to
maintain high standards
of safety and health in the plant in order to prevent industrial injury and
illness.
14:02 There shall be established a Joint Health and Safety Committee
composed of a
maximum of three (3) employees elected by the employees and three
(3) representatives
designated by the Employer. The Committee shall meet at least every
three months. A
Union representative may attend upon advance notice and consent of
the Employer
which shall not be unreasonably withheld.
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ARTICLE 15- GEN ERA L
15:01 Words impmting the masculine gender shall
include the feminine.
ARTICLE 16- JOB POSTING
16:01 When a new job classification is permanen
tly created or additional employees are
permanently required in an existing job classifica
tion, or a pern1anent vacancy arises
(except for General Help positions), the Employe
r will post a notice of the vacancy for a
period of three (3) working days on the plant bulle
tin board. The notice will specify the
nature of the job, the shift, qualifications required
a11d the rate of pay. An employee who
wishes to be considered for the position so post
ed shall signify his desire by making
written application to the person designated on
the posting within the three (3) working
day posting period aforesaid.
16:02 In filling any posted vacancy under this
Article, the Employer will consider the
requirements and efficiency of operations and the
skill, ability, qualifications and
physical fitness of the individual to perform the
normal required work m1d, where in the
opinion of the employer these are relatively equa
l, seniority shall govern. If no
acceptable applications are received, the Emp loye
r resetves the right to transfer or hire.
•
16:03 An employee:
a)
whose classification wage rate is less than the rate
of the posted job; or
b)
whose classification wage rate is the same as the
rate of the posted job but who is in
a different classification;
may apply for a posted vacancy.
16:04
Should the successful app!ica11t for such vacancy
be unsatisfactory, he shall be
returned to his former job and the vacancy may
be filled without further posting.
In filling such a vacancy without a further post
ing. the Employer will consider
the other original applicants for the vacancy.
16:05
Any employee who has successfully bid unde r
this Article shall not be entitled
to bid on a posted job for six months from the date
of his successful bid, except
with the Emp loye r's permission, unless the post
ing is for advancement to a
higher-rated classification.
16:06
Any job which is vacant because of illness, accid
ent, vacation, leave of absence,
temporary transfers or temporary promotions, and
temporary vacancies and jobs
which become vacant while employees are on lay-o
ff shall not be deemed to be
vacant for the purpose of this Article.
16:07
Seniority in this Article means plant-wide senio
rity.
13
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16:08
If any new classifications are created during the life of
this Agreement, the
applicable rates and conditions shall be negotiated with
the Union prior to
implementation.
ART ICLE 17- LAY OFFS
17:01
If any condition arises which involves a layoff, the follow
ing procedures shall
apply:
a) The Empl oyee shall exercise his departmental senio
rity to replace the most junio r
empl oyee in the department providing he has the skill,
ability, experience and
qualifications to perform the required work efficiently.
Failing displ acem ent of the most
junio r empl oyee in the department, the Empl oyee shall
seek to displace employees in
the depat tmen t in the reverse order of their seniority.
b) If the Empl oyee canno t thus obtain a job in his own
department, he shall exercise his
plant-wide seniority to replace the most junio r empl oyee
in the plant provi ding he has
the skill, ability, experience and qualifications to perform
the required work efficiently.
Failing displacement of the most junio r employee, the Empl
oyee shall seek to displace
employees in reverse order of their seniority.
•
c) Where conditions permit a recall, an empl oyee who
has been laid off from his
department and moved to another department under the
forgoing procedure, will be
given the oppo rtunit y of being recalled to his departmen
t in order of his previous
departmental seniority providing the empl oyee has the
skill, ability, exper ience and
qualifications to perform the required work efficiently,
and providing the oppo rtunit y
arises within a nine (9) mont h period from his original
layoff. If able to return to his
original department, he would resume his regular senio
rity standing in his previous
department and not have seniority standing in the depar
tment to which he moved. An
empl oyee will not have a recall privilege to his original
department if there was no
opportunity to return within nine (9) months or if he declin
es the oppo rtunit y to be
recalled to his original department at any time withi n a
nine (9) month period, and in
which case his seniority in the new department to which
he moved, would comm ence
from the time when he moved into that new department.
d) For the purposes of this Agreement, the departments
are:
1. Bread Department
2. Bread Slicin g Department
3. Cake Department
4. Shipp ing Department
5. Maintenance/Cleaning Department
14
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e) For the purposes of this Atticle, a layoff means a layof
f of more than three (3) working
days.
ARTICLE I 8- MATERNITY LEAVE
18:01 Maternity leave shall be granted in accordance with
the provisions of the Employment
Standards Act.
PAY ON DAY OF INJURY
18:0 I An employee who is injured at work shall be paid
for the balance of his regular shift on
which the injury occu ned, if as a result of the injury, the
employee is required to go
home by a representative of the Employer or is required
to seek medical treatment that
day from a doctor or at a hospital.
ARTICLE 19- BEREAVEMENT LEAVE
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19:01 The Employer shall pay an employee up to five (5)
days' pay at the empl oyee 's straight
time hourly rate for all regular time lost in the event of the
death of the empl oyee' s
wife, husband or child. Up to three (3) days' pay in the event
of the death of the
empl oyee' s mother or father, up to two (2) days' pay for
mother-in-law and father-inlaw and one day's pay for grandfather and grandmother.
In order to qualify the
employee must:
a)
have completed his probationary period; and
b)
may be required by the Employer to provide satisfactory
proof of death.
19:02 Employees shall not be paid pursuant to this Artic
le for Saturdays, Sundays, paid
holidays, while on vacation or leave of absence or for any
other period during which
they would not have worked.
ARTICLE 20- REPORTING PAY
20:01
Unless employees are notified not to report for work, empl
oyees who report for
work at their regular starting time and for whom no work
is available shall
receive not less than four (4) hours of any work that is availa
ble at their regular
rate of pay regardless of the type of work assigned, or if
no work is available
shall receive four (4) hours ' pay at their straight-time hourl
y rate.
20:02
The provisions of this Article shall not apply in the event
of strikes, power
failure, or any other conditions beyond the control of the
Empl oyer which
prevents the Employer from providing work or where the
Employer is unable to
advise the employee or leave a message not to report for
work because the
employee has not provided his cune nt address and teleph
one number to the
Employer or because the employee was absent on the prece
ding day.
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ARTICLE 21- CALL IN PAY
21:0 I If an employee is called in to work after
having left the Employer's premises after
completion of his regular scheduled shift, he shall
receive a minimum of four (4) hours'
pay at his straight-time hourly rate. This provision
shall not be applicable to overtime
hours worked in conjunction with an employee's
regularly scheduled shift, hours
worked immediately prior to the regular starting
time and there shall be no duplication
of this premium and any other premium provided
for in this Agreement.
ARTICLE 22- JURY DUT Y
22:01 An employee who is selected for service
as a juro r or is required by subpoena to appear
in court as a Crown witness will be compensated
for loss of pay from his regularly
scheduled shift due to such jury service or appearan
ce in court. Such compensation will
be based on his regularly scheduled hours at his
straight-time hourly rate less the fee
received for his services other than mileage allow
ance, if any, as a juro r or witness.
However, should the employee present himself
for selection as a juro r and not be
selected or appear as a witness and be released,
then he is required to return to his place
of employment to complete his remaining norm
ally scheduled work day.
22:02 In order for an employee to qualify for paym
ent under This Article, he must:
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a)
inform his supervisor within twenty- four (24) hour
s of his selection for service
as a juro r or witness;
b)
if released from service as a juro r or witness and
four (4) hours or more remain
in the employee's regularly scheduled hours, he
must return to work to complete
his remaining normally scheduled work day, unle
ss traveling distance makes
this impractical;
c)
provide a written schedule to the Employer indic
ating the date of his service as a
juro r or witness, the time so spent and the fee rece
ived for his services as a juro r
or witness;
d)
have completed his probationary period.
ARTICLE 23- HOURS OF WO RK- OVERTIM
E
23:01 The regular work week shall consist of five
(5) days of eight and one-half (8 1/2) hours
worked, which includes the one-half ( 1/2) hour
paid lunch periods and the break
periods. Revisions to work schedules shall be post
ed on Thursday in the week before
they become effective. The Company reserves the
right to make any necessary revisions
after the schedule is posted,
23:02 The regular workday shall include a onehalf ( 112) hour paid lunch period to be given
not later than after five (5) consecutive hours of
work.
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23:03 The daily hours, starting and quitting times and lunch
periods subject to 23:02 shall be
determined by the Empl oyer in accordance with production requir
ements.
23:04 This Article is intended to define the normal hours of
work and shall not be construed as
a guarantee of hours of work for regularly assigned hours, or
for any hours per day or
per week.
23:05 Overtime shall be paid at a rate of time and one-h alf the
regular rate for all hours
worked in excess of forty-four (44) hours per week which includ
es paid lunch periods.
There shall be no pyramiding or duplication of premium paym
ents.
23:06 Eight and one-h alf (8 1/2) hours shall be deducted from
the forty-four (44) hour
requirement for each paid holiday not worked in calculating wheth
er weekly ove1time is
payable.
23:07 a)
Time and one half (I Y,) will be paid for all work performed on
Saturday and
Sunday which does not form part of the regular work week.
b) Employees who are scheduled to work Saturday or Sunda
y as part of their regular
work week shall be scheduled two (2) consecutive days off during
that week,
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23:08 Overtime Break
Employees who are expected to work ten ( 10) hours or more,
will be entitled to a ten
(I 0) minute paid break after eight and a half (8 Y,) hours but prior
to ten (I 0) hours, at a
time mutually agreed to by the employee and his supervisor.
23:09 Overtime will be distributed as equitably as possible amon
g qualified employees in the
same classification and department.
23:10 When the Company finds it necessary to send employees
home due to lack of work, the
following procedure will be followed:
I) The Company will keep up-to-date records of all hours emplo
yees have been sent home
due to lack of work, for each department and classification.
2) Employees with the least amount of accumulated hours in
the classification that is
affected will be the first to be sent home, provided the Comp any
can maintain a
qualified workforce. (Subject to A1ticle 20:01)
23:11 Employees who are required to work ove1time beyond
12:00 midnight, and there is no
Bus service available, then the Comp any will supply transportatio
n home.
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23:12 Employees who are in the same classification will
be rotated equally on all jobs of that
classification, provided the Company can maintain a quali
fied workforce.
ARTICLE 24- PAID HOLIDAYS
24:0 I The following shall be recognized as holidays to
be paid for on the basis of the
employee's straight-time hourly rate multiplied by eight
and one-half (8 Y2) hours;
New Year's Day, Good Friday, Victoria Day, Dominion
Day, Labour Day,
Thanksgiving Day, Christmas Day, Boxing Day, Family
Day.
or days celebrated in lieu thereof, regardless of the day on
which it falls.
24:02 An employee will be paid for a holiday provided
he
a) works his last full scheduled shift on the working day
which immediately precedes and
his first full scheduled shift on the working day which imme
diately follows such
holiday unless he is excused by the Employer, is on berea
vement leave or jury duty.
•
b) is on the active payroll of the Employer and not on leave
of absence, sick leave,
workers' compensation or lay-off that took place not more
than five (5) working days
before the holiday. The Employer in its discretion may still
pay holiday pay to an
employee who demonstrates that he was unable to attend
to work due to sickness on the
qualifying days.
c) has completed his probationary period as specified in
this Agreement.
d) Employees absent on the two (2) working days prece
ding or the two (2) working days
following a holiday, because of a verified and legitimate
sickness, shall still be eligible
for holiday pay.
24:03 If an employee works on any of the said holidays,
he shall be paid for all hours worked
on the holiday at one and one-half (1 Y2) times his straight
regular hourly rate of pay in
addition to his holiday pay as herein provided for. It is recog
nized that, in view of the
nature of the Empl oyer' s business, work on statutory holid
ays may be required by the
Employer.
24:04 If any of the above holidays fall or are observed durin
g an employee's vacation, he shall
be entitled to an extra day's vacation with pay, to be taken
at the end of the scheduled
vacation; unless otherwise mutually agreed with the empl
oyee.
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ART ICLE 25- VAC ATIO N
'
25:01 An empl oyee who on his anniversary date
each year has:
a)
less than one (I) year of service shall recei ve vacat
ion in accordance with the
EMP LOY MEN T STA NDA RD ACT.
b)
one (I) year or more of continuous service but less
than five (5) years of continuous
service shall receive two (2) weeks vacation per year
with vacation pay equal to four
(4) per cent of the empl oyee 's wages in the previous
year.
c)
five (5) years or more of continuous servi ce but less
than ten (10) years of
continuous servi ce shall receive three (3) weeks vacat
ion per year with vaca tion pay
equal to six (6) per cent of the empl oyee 's total wage
s in the previous year.
d)
ten (I 0) years or more of continuous servi ce but less
than eighteen (18) years of
continuous servi ce shall receive four (4) week s vaca
tion per year with vaca tion pay
equal to eight (8) per ceil! of the empl oyee 's total
wages in the previous year.
e)
eighteen (18) years or more of continuous servi ce
with the Emp loyer shall receive
five (5) weeks vacation per year with vaca tion pay
equal to ten (I 0) per cent of the
empl oyee 's total wages in the previous year.
f)
Payment for the first year of such entit leme nt empl
oyee s will receive the percentage
paym ent of the year previous up to their anniversar
y date; after this anniv ersar y date
the new perce ntage shall apply.
The term "WA GES " does not include the previous
years vacation pay.
25:03
Vacation pay will be paid by separ ate cheq ue twice
each year betw een July 01
and June 30. The first cheque will be paid no later
than the second pay perio d of
January. The seco nd cheque will be paid no later than
the second pay perio d of
July.
25:04
Employees who quit or are disch arged shall receive
pro rata vaca tion pay to the
date of tenni natio n.
25:05
Vacation sche dulin g and selection
a) The Com pany reserves the right to sche dule vaca
tions, but agrees to cons ider individual
wishes and seniority of employees and to the exten
t practicable, will give prefe rence to
employees for their choice of vacation periods on
the basis of their seniority.
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25:05 b)
Employees shall indicate their preference for vacation by April
01, on a notice
that will be posted on March 0 I. The vacation schedule will be
posted by May
0 I, which may be subject to changes necessary due to production.
It may also be
changed with the consent of the Company in cases of individual
requests which
do not interfere with other vacation periods selected by other emplo
yees.
ARTICLE 26 UNIFORMS
26:01 a)
The Employer agrees to continue its practice of providing and
cleaning uniforms
or work clothes, which remain the property of the Employer
b)
The Employer agrees to supply and maintain Winter jackets for
all Shipping
and Sanitation Department employees
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SAFETY SHOES
26:02 Following an mmiversary date of employment and in each
subsequent year, each
employee who chooses to purchase Safety Shoes will be reimb
ursed to a maximum of
one hundred and thirty-five dollars ($13~.00). Employees may
choose to be reimbursed
on either their anniversary date of employment or their date of
birth. Employees who
choose to purchase Safety Shoes will be expected to wear them
at work. An employee
who has received the Safety Shoe allowm1ce and does not wear
Safet y Shoes may be
sent home .
ARTICLE 27- TEMPORARY TRANSFER
27:01 Temporary vacancies of not more than five (5) working
days will be offered to the
senior qualified person in the department making less money.
Temporary vacancies of
more than five (5) working days shall be posted.
27:02 When employees are transferred to a higher paid job classi
fication for more than one (1)
complete shift, the employee shall receive the higher rate. If transf
erred to a lower paid
job classification the employee shall continue to receive his regula
r rate of pay.
ARTICLE 28- LEAD HANDS
28:01 A lead hand shall be defined as a person who performs work
and directs the work of
others. They shall not have the authority to hire, fire, suspend,
or directly discipline
other employees and he shall be a member of the bargaining unit.
Their status as lead
hand shall not, in and of itself, protect them in the event of a layoff
.
28:02 The Employer reserves the right to appoint or remove lead
hand positions without
posting or facing a demotion grievance and will pay a lead hand
premium of one dollar
and twenty-five cents, ($1.25) per hour for a lead hand # 1, sixty
cents, ($0.60) per hour
for a lead hand # 2. The Company will post notices announcing
the appointment of lead
hands, foremen and foreladies.
There shall be a minimum of one lead hand # I in each of the
following areas: bread
slicing, bread mixing, bread baking and cake department.
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28:03 Lead hand # I shall have the authority to rotate employees,
direct the start and stop
times and send employees for breaks and lunch at the appropriate
times .
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ARTICLE 29- SEVERANCE PAY
Severance pay will be paid in accordance with the provisions of the Emplo
yment Standards Act.
ARTICLE 30- FRINGE BENEFITS
30:0 I The Employer shall provide and pay on behalf of each employee
who is not absent or on layoff, the
following percentages of the premium cost of OHIP.
a)
Less than one (I) year's servic e- 0%.
b)
More than one (l) year's continuous servic e- 75%.
c)
More than two (2) year's continuous servic e- 100%.
30:02 The Employer shall provide a Drug Plan for all Bargaining Unit
employees who have attained
seniority, and their dependents. The Plan will provide for 100%
reimbursement after payment of $5.00
deductible for each eligible prescription with
no maximum. The Plan shall not be the National
Formula Drug Plan.
30:03 The Employer shall provide a Dental Plan to all employees, (and
their
dependents),with one (l)
year service or more, who volunteer to participate in the
Plan. The Employer shall pay on behalf of each
employee who is not on lay-off,
the following percentage of the premium:
a)
1 year service but less than 5 years -50% .
b)
5 years service or greate r- 100%.
c)
The Plan shall be based on a Basic Service Plan, $ l 000,,00 maximum
per employee and per
dependent.
80% reimbursement of all eligible expenses subject to the $1000.00 annua
l
maximum per person
ARTICLE 31- WAGES
31:01 The wages set out in schedule "A" attached hereto forms part of
this Agreement.
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ARTICLE 32- TERMS OF AGREEMENT
32:02 This Agreement shall commence on the 61h day of April
2011 and end on the 51h day of April 2016
and shall continue from year to year thereafter unless either party
gives notice in writing to the other
not less than thirty (30) days and not more than ninety (90) days
prior to the expiry date hereof of
that party's intention to terminate this Agreement or negotiate
revisions thereto, and after expiry,
the terms and conditions under the Collective Agreement contin
ue in accordance with the LABOUR
RELATIONS ACT.
DIMPFLMEIER BAKERY LIMITED
BAKERY, CONFECTIONERY
TOBACCO WORKERS AND
GRAIN MILLERS INTERNATIONAL UNION
LOCA L264
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In witness whereof the parties have signed this Agreement on
the
July 2011 at Toronto, Ontario.
&:, liz·
day of
.)
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SCHEDULE "A"
Amendments to the Collective Agreement June 25, 2011
CLASSIFICATION
Effective
Effective
June 25, 2011
April 6, 2012
Bread Department
General Help
12.75
13.05
Baker's Helper
13.70
14.00
Machine Operator #2
13.70
14.00
Machine Operator #1
14.70
15.00
Baker# 3
14.70
15.00
Baker #2
15.70
16.00
Baker #1
17.70
18.00
10 lbs line shall have a minimum of one (1) machine operato r# 2
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Effective
April 6, 2013
13.35
14.30
14.30
15.30 2 lbs & 15 lbs long bread
15.30
16.30
18.30
Bread Slicing Department
General Help
Machine Operator #2
Machine Operator #1
12.20
13.20
14.20
12.50
13.50
14.50
Cake Department
General Help
General Help Scheduler
Order Sorter
Cake Baker #3
12.20
13.20
13.20
13.20
12.50
13.50
13.50
13.50
Cake Baker #2
Cake Baker #I
Special Cake Decorator
Pastry Chef
14.20
15.20
16.70
19.40
14.50
15.50
17.00
19.70
12.80
13.80
13.80
13.80 limited knowledge of
baking and mixing
14.80
15.80
17.30
20.00
Shipping Department
Order Smter/Receiver
13.20
13.50
13.80
Maintenance/Cleaning Depmtment
General Help/Cleaner
12.20
Maintenance Helper
12.70
Maintenance #2
14.20
Maintenance #I
15.20
12.50
13.00
14.50
15.50
12.80
13.30
14.80
15.80
12.80
13.80
14.80
Employees who are RED-CIRCLED shall continue to be RED-CIRCLED.
Probationary rate to be twenty-five cents ($0.25) below rate for all classifications except
General Help.
The Start rate for the General Help Classification during the first six months of service shall
be:
Effective
June 25, 2011
April6, 2012
April6, 2013
11.40
11.70
12.00
Upon completion of six months service, the classification rate shall apply.
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SCHEDULE "A"
Amendments to the Collective Agreement June 25, 2011
~-')
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CLASS IFICAT ION
Effective
Effective
April6, 2014
April 6, 2015
Bread Department
General Help
Baker's Helper
Machine Operator #2
Machin e Operator #I
Baker# 3
Baker# 2
Baker #1
10 Ibs line shall have a minimum of
13.75
14.15
14.70
15.10
14.70
15.10
15.70
16.10 2lbs & 15 lbs long
15.70
16.10 bread
16.70
17.10
18.70
19.10
one (l) Machine Operator #2
Bread Slicing Department
General Help
Machin e Operator #2
Machine Operator #I
13.20
14.20
15.20
13.60
14.60
15.60
Cake Department
General Help
General Help Scheduler
Order Sorter
Cake Baker #3
13.20
14.20
14.20
14.20
Cake Baker #2
Cake Baker #I
Special Cake Decorator
Pastry Chef
15.20
16.20
17.70
20.40
13.60
14.60
14.60
14.60 limited knowledge of
baking & mixing
15.60
16.60
18.10
20.80
Shipping Department
Order Sorter/Receiver
14.20
14.60
Maintenance/Cleaning Department
General Help/Cleaner
13.20
13.60
Maintenance Helper
13.70
14.10
Maintenance #2
15.20
15.60
Maintenance #I
16.20
16.60
Employees who are RED-CIRCLED shall continue to be RED-CIRCLED.
Probationary rate to be twenty-five cents ($0.25) below rate for all classifications except
General Help.
The Start rate for the General Help Classification during the first six months of service
shall be:
Effective
April 6, 2014
April 6, 2015
12.40
12.80
Upon completion of six months service, the classification rate shall apply.
25
A
~io/
Letter of Understanding
The Company acknowledges that regular dues deduction under Article
4:03 amounts to a requirement that
Union dues deduction is a condition of employment after completion
of probation .
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26
Schedule A
The Employer agrees to pay all employees on payroll at Date of Ratification:
I)
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Two hundred and fifty ($ 250.00) dollars net.
27
Letter of Understanding
The Employer agrees that every reasonable effort will be made to ensure
each employee has one {1)
clean uniform every working day. This is not a guarantee.
Employees who are not receiving the above shall be provided with a
form to be filled out by the
employee stating his concerns.
Such concerns will be investigated by the Company and upon compl
etion of the investigation, a
response will be given to the employee.
The employer agrees to a Grace period of two (2) minutes duration
at the start of an emplo yee's shift .
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