the PDF file - Unifor Local 10-B

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the PDF file - Unifor Local 10-B
2013-2017
COLLECTIVE AGREEMENT
BETWEEN
SMITH CHEV CADILLAC LTD.
AND
COMMUNICATIONS, ENERGY AND PAPERWORKERS
UNION OF CANADA, LOCAL 10-B
KAMLOOPS, B.C.
2013-2017
COLLECTIVE AGREEMENT
BETWEEN
SMITH CHEV CADILLAC LTD.
AND
COMMUNICATIONS, ENERGY AND PAPERWORKERS
UNION OF CANADA, LOCAL 10-B
KAMLOOPS, B.C.
TABLE OF CONTENTS
ARTICLE 1 - RECOGNITION
1
ARTICLE 2 - UNION SECURITY
2
ARTICLE 3 - MANAGEMENT'S RIGHTS
4
ARTICLE 4 - HOURS OF WORK
5
ARTICLE 5 - OVERTIME
7
ARTICLE 6 - VACATIONS
11
ARTICLE 7 - STATUTORY HOLIDAYS
15
ARTICLE 8 - GRIEVANCE PROCEDURE
16
ARTICLE 9 - ARBITRATION PROCEDURE
18
ARTICLE 10 - DISCIPLINE
20
ARTICLE 11 - SHOP HEALTH, SAFETY AND
ENVIRONMENT
22
ARTICLE 12 - SENIORITY
28
ARTICLE 13 - VACANCIES AND PROMOTIONS
34
ARTICLE 14 - GENERAL PROVISIONS
35
ARTICLE 15 - HARASSMENT AND DISCRIMINATION
38
ARTICLE 16 • LEAVES OF ABSENCE
39
i
ARTICLE 17 - BENEFIT PLAN
44
ARTICLE 18 - TOOL POLICY
48
ARTICLE 19 - ADJUSTMENT PLAN
50
ARTICLE 20 - APPRENTICES
53
ARTICLE 21 - WAGES
55
ARTICLE 22 - TERM OF AGREEMENT
58
CLASSIFICATION AND WAGE RATES
59
SCHEDULE A:
59
SIGNATORIES
66
LETTER OF INTENT
67
LETTER OF UNDERSTANDING, RE: FLAT RATE
68
SHOP WORK DISBURSEMENT
70
LETTER OF UNDERSTANDING, RE: SHOP
FOREMAN/ASSISTANT SERVICE
72
SERVICE TECHNICIAN PROTOCOL FOR RO'S:
75
TECHNICIAN WAGE SCALE RATES
76
ARTICLE 1 - RECOGNITION
1.01
UNION IS EXCLUSIVE BARGAINING AGENT
The Company recognizes the Union as the sole and
exclusive bargaining agency for its employees, as
defined in Article 1.02 hereof, for the purpose of
determining all working conditions and conditions of
employment.
1.02
DEFINITION OF EMPLOYEE
The term "employee" as used in and for the purpose of
this Agreement, shall include all employees of the
Company, except those employees excluded by the
certification issued under the Labour Relations Code
of British Columbia.
1.03
WORK RETENTION
Nothing in this Agreement shall preclude excluded
personnel of the Company from performing work
done by those in the bargaining unit from time to time,
provided that no regular employee is laid off as a
direct result, or the regular hours of work or overtime
opportunities are not affected, and neither shall such w
work be performed to preclude the hiring of a
bargaining unit member.
1
The Company agrees that no excluded personnel of
the Company will perform the job of a bargaining unit
member who is on lay-off.
1.04
CONTRACTING OUT
The Company shall confer with the Union, in
advance, whenever it is intended to contract out any
work which has not previously been done on a
contract basis. The Company will not contract out any
additional work if, as a result, an employee is laid off
or an employee's regular hours of work are reduced.
1.05
SUCCESSORSHBP
In the event of a change in employer status, members
of C.E.P., Local 10-B will retain all of their rights
under the Collective Agreement.
ARTICLE 2 - UNION SECURITY
2.01
UNION DUES
a)
Deduction of Union Dues
The Company agrees to deduct once each month,
from the earning of each employee covered by
this Agreement, upon receipt of an authorization,
signed by each employee, such sum by way of
monthly dues and/or assessments, as may be
fixed by the Local Union. The total amount so
deducted, with an itemized statement of same in
duplicate, shall be forwarded to the Union, prior
to the fifteenth (15th) day of the month,
immediately following in the manner provided
for in Sub-Section (b) hereof.
b)
Remittance of Union Dues
Cheques shall be made payable to the Local
Union Secretary-Treasurer and forwarded to the
Local Union.
c)
New Employees Introduced to Shop Steward
All new employees, immediately upon being
hired, will be instructed to report to the Shop
Steward and will be required to complete
membership application. The Shop Steward shall
be allowed to familiarize the new employee(s)
with the terms and conditions of employment.
2.02
MAINTENANCE OF UNION MEMBERSHIP
As a condition of employment, each employee must
maintain Union Membership in good standing, and
each employee will be required to sign the prescribed
authorization form authorizing the Company to
implement the provisions of Section 2.01(a) hereof.
Deductions for new employees will start after they
have worked five (5) days in a month.
2.03
UNION ACTIVITIES
The Unit Chairperson and Shop Stewards shall be
permitted by the Service Manager or Assistant to
leave their regular duties, for a reasonable length of
time during their regular working hours, without loss
of time or pay, for the purpose of processing and
settling of grievances. The Union official must first
ask permission which will be granted at a time that
least interferes with operational requirements, i.e.
(end of current job).
2.04
BULLETIN BOARDS
The Company will provide two (2) bulletin boards, for
the purpose of posting Union notices. All material
may be posted only with the authority of the Union
Committee.
ARTICLE 3 - MANAGEMENT'S RIGHTS
The Union agrees that the management and control of
4
the Company's business and the direction and control
of the Company's work forces are vested exclusively
in the Company, subject only to the limitations
imposed upon the Company by the express provisions
of this Agreement. The Union further recognizes and
agrees, that the Company retains all customary rights,
responsibilities, functions and prerogatives of
management except as expressly modified or
restricted by a specific provision of this Agreement.
ARTICLE 4 - HOURS OF WORK
4.01
WORKWEEK
a)
The workday shall be defined as eight (8)
consecutive hours, exclusive of a minimum
one-half (1/2) hour lunch period, between the
hours of 7:30 a.m. and 6:00 p.m.
b)
The regular work week shall be forty (40) hours,
between Monday and Saturday. Efforts will be
made to schedule with two consecutive days off,
one of which will be a Sunday. It is recognized
however that some schedules will not provide for
consecutive days off. Employees within specific
departments will rotate through the various work
5
schedules. Employees who are presently
scheduled on consecutive days off will continue
to receive consecutive days off.
c)
The Company shall have the right to implement
other schedules. In the event that the hours of
work and the shifts are to be adjusted, the
employees affected will be provided
five (5) days advance notice.
d)
The provisions of this Article shall not be
construed as guaranteeing to any employee any
number of hours of work per day or per week.
e)
Full time classification shall be given to any
employee working more than thirty (30) hours
per week.
4.02
LUNCH PERIODS
a)
An employee shall be entitled to a minimum
one-half (1/2) hours lunch break on his/her own
time within five (5) consecutive working hours of
the start of the shift.
b)
Employees shall be required to work during their
scheduled lunch period only in cases of
emergency. Whenever this does occur, the
employee will be entitled to a replacement lunch
period of one-half (1/2) hour, commencing within
one (1) hour of the start of his/her scheduled
lunch period. If the replacement lunch period
cannot be scheduled within the one (1) hour limit,
he/she shall be paid one-half (1/2) hour at
overtime rates, and shall nevertheless, be
provided with sufficient time off to eat.
4.03
CLEAN UP TIME
Employees shall be allowed sufficient time during
working hours to return tools, parts, etc., to the stores
or crib before the end of each shift.
4.04
REST PERIODS
The Company agrees to designate for all employees
two (2) fifteen (15) minutes rest periods, each day, one
in the forenoon and the other in the afternoon, without
loss of pay.
ARTICLE 5 - OVERTIME
5.01
DEFINED
Approved time worked in excess of forty (40) hours
per week or eight (8) hours per day shall be considered
overtime.
5.02
OVERTIME PREMIUMS
All overtime hours shall be paid as follows:
a)
Time and one-half (1 1/2) for the first two (2)
hours worked in excess of eight (8) hours on
regular shift days, for all hours worked in excess
of forty (40) hours per week, and the first four (4)
hours worked on the sixth (6th) day.
b)
5.03
Double time for all hours worked in excess of
forty-eight (48) hours per week, in excess of ten
(10) hours worked per day, in excess of four (4)
hours worked on the sixth (6th) day and for all
hours worked on Sundays and Statutory
Holidays.
OVERTIME DISTRIBUTION AND
ASSIGNMENTS
a) The Company agrees that overtime should be
distributed equitably among the employees in a
particular job classification.
b)
5.04
The Company will minimize the requirement to
work overtime. However, where required, the
Parties agree to cooperate in meeting overtime
requirements. An employee will not be
required to work overtime in a personal
emergency situation.
MEAL AND REST PERIODS
Employee(s) requested to work any time beyond two
(2) hours overtime at the end of their regular shift shall
receive a fifteen (15) minute rest period, at straight
time, to eat a Company supplied meal, before
commencing the overtime rate.
5.05
WORK COURSES-MEETINGS BEFORE OR
AFTER WORKDAY
Any employee who attends Company-required
meetings and second delivery seminar which are
scheduled before or after an employee has completed
the standard work day, or the standard work week,
shall be reimbursed at applicable straight time.
5.06
CALL.IN PAY
a)
Four (4) hours of pay for employees who report
for work but for whom no work is available.
b)
Six (6) hours of pay for employees who report for
and commence work.
c)
5.07
The provisions of this section shall not apply
where the company gives notice to the employee
canceling the scheduled shift due to the inclement
weather or other reasons beyond the control of the
Company.
OVERTIME HOUR BANK
When overtime hours or hours worked in excess of
eighty (80) hours in a pay period for flat rate
technicians, the employee will have the option on the
time sheet that they wish to bank. Hours will be
banked at the same rate that they would have been
paid, i.e. if the hour worked would have been paid at
time and one half the bank will be credited with one
and one-half (1 Vi) hours: if paid at double time, the
bank will be credited with two (2) hours. For flat rate
Technicians any hours in excess of eighty (80) will be
10
put into bank at straight time. The maximum number
of hours allowed in the bank at any one time is eighty
(80) hours. Paid time off from the bank will be at
mutually agreeable time of the year, during the slow
time of the year. Employees wishing for bank days
must give a minimum seventy-two (72) hours notice,
prior to a regular bi-weekly pay period, i.e. on
Monday prior to Thursday payday.
ARTICLE 6 - VACATIONS
Annual vacations for regular employees who have
achieved seniority status shall be granted in
accordance with the following:
6.01
VACATION ACCRUALS
An employee's vacation entitlement shall be
calculated from his/her date of hire:
a)
following one (1) year continuous employment,
two (2) weeks vacation with pay of four (4)
percent of the employee's gross earnings of the
previous year;
b) following five (5) years continuous employment,
three (3) weeks vacation with pay at six (6)
11
percent of the employee's gross earnings of the
previous year;
c)
following ten (10) years continuous
employment, four (4) weeks vacation with pay at
eight (8) percent ofthe employee's gross earnings
of the previous year;
d)
following fifteen (15) years continuous
employment, five (5) weeks vacation with pay at
ten (10) percent of the employee's gross earnings
for the previous year;
Note: with the exception of bargaining members that
effective July 1,2001 have already attained twenty (20)
years continuous employment. They will be
grandfathered and be entitled to six (6) weeks vacation
with pay at twelve (12) percent on the employee's gross
earnings of the previous year.
6.02
VACATION SCHEDULING
Vacation scheduling will be arranged during the month
of February each year, in accordance with seniority
within a department. The vacation schedule shall be
posted by February 1st each yearand confirmed by
12
March 1st. Each employee's schedule shall not be
altered unless by mutual consent of the Company and
the employee. Employees who do not apply for
vacation periods until after March 1st will be fitted
into the remaining available vacation times on a
"first-come-first-served" basis. The Company agrees
to consult with the department and Shop Steward, on
an ongoing basis, to facilitate vacation scheduling.
Prime Time Vacation period will beJune 15th , July,
August and September 15th in which only two (2)
weeks vacation should be taken in order to
accommodate as many employees as possible during
that time.
Holiday requests must be provided in writing and a
maximum two (2) Technicians, one (1) Parts Person,
one (1) Reconditioning Person, and one (1) Front End
Service staff may be away during prime time.
6.03
STATUTORY HOLIDAY DURING VACATION
Should a Statutory Holiday occur on a normal work
day, while an employee is on annual vacation he/she
shall receive an additional day off with pay, or
alternatively, a day's pay in lieu thereof.
13
6.04
VACATION ENTITLEMENT FROM DATE OF
HIRE
An employee's vacation entitlement shall be
calculated from his/her date of hire.
6.05
VACATIONS TO BE TAKEN
a)
All employees must take at least two (2) weeks of
their vacation entitlement. Vacation entitlement
must be taken within twelve (12) months of
becoming eligible.
b)
Days absent without pay shall not be considered
as vacation time off.
6.06
RECALL FROM VACATION
a)
Any employee who is recalled to work while on
vacation shall receive on each day of recall time
and one-half (1 1/2) for the first four (4) hours and
double (x2) time thereafter.
b)
Any employee reporting for work while on
vacation will do so on a voluntary basis.
14
ARTICLE 7 - STATUTORY HOLIDAYS
7.01
DAYS OBSERVED
Employees shall receive the following Statutory
Holidays with pay at their regular time rate:
New Year's Day
Good Friday
Victoria Day
Canada Day
7.02
B.C. Day
Remembrance Day
Labour Day
Christmas Day
Thanksgiving Day Boxing Day
Family Day
STATS DURING REGULAR DAYS OFF
Employees shall receive another day off with pay for
any Statutory Holiday that falls on their regular day
off.
7.03
PAY IN ADDITION TO OVERTIME
Pay for the above Statutory Holidays shall be in
addition to any overtime pay for hours worked on
Statutory Holidays.
7.04
QUALIFICATIONS
a) To qualify for payment for the Statutory Holiday
an employee must have been employed and on
15
the payroll of the Company thirty (30) calendar
days prior to the Statutory Holiday. In addition,
the employee must have worked his/her regularly
scheduled shift immediately preceding, and the
shift immediately following, the Statutory
Holiday.
b)
Where an employee who is sick for the shift
immediately preceding or the shift immediately
following a Statutory Holiday, but who has a
doctor's note shall be paid for the holiday.
ARTICLE 8 - GRIEVANCE PROCEDURE
8.01
Either Party to this Agreement may file a grievance on
any difference between the Parties concerning the
application, interpretation, administration or violation
of the provisions of the Agreement. In the event that a
grievance should arise, it shall be dealt with in the
following manner:
The employee involved, with the Shop Steward, shall
first take up the matter with the Supervisor directly in
charge of the work, within fourteen (14) days from the
grievance, or from the time when the employee has
knowledge or may be reasonably presumed to have
knowledge of such event or events.
16
If the grievance is not satisfactorily resolved
following such discussion, the employee and/or the
Union may submit a written grievance.
Stepl
If a satisfactory settlement is not then reached, it shall
be reduced to writing and presented by the grievor and
the Shop Steward, within five (5) days, to the
Department Manager or designate who shall respond
in writing within five (5) days.
Step 2
Failing settlement at Step 1, the Unit Chairperson and
the Local Union President, or his/her designate may,
within five (5) working days of the Step 1 response,
meet with the General Manager or designate, in order
to attempt to settle the grievance. At this Step,
arrangements can be made for other Union Officers of
the Local or National Union and other Company
Representatives to attend.
The General Manager shall render a decision, in
writing, within five (5) working days of the Step 2
Meeting.
Step 3
Failing settlement at Step 2, the grievance may be
referred to an arbitration procedure as agreed to
between the Parties.
17
CERTAIN GRIEVANCES TO STEP 2
Discharge and other mutually agreed on grievances
shall be admitted at Step 2 of the grievance procedure.
8.03
TIME LIMITS
In the event that a grievance is not advanced to the
next step within the time limit(s) specified in Section
8.01, the grievance shall be deemed to be abandoned
and all rights of recourse to the grievance and
arbitration procedure of this Agreement in respect of
this grievance shall be at an end. The time limits
between steps may be extended by mutual agreement,
in writing.
ARTICLE 9 - ARBITRATION PROCEDURE
9.01
Any grievance arising out of this Agreement which
cannot be settled by the Company and the Union,
under the grievance procedure as per Article 8 of this
Agreement, shall be determined in the following
manner:
a) The Parties agree that a single arbitrator shall be
used as provided for in the Labour Relations
Code. The Company and the Union shall make
18
every effort to agree on the selection of the
arbitrator within ten (10) working days after the
Party requesting arbitration has delivered written
notice.
b)
In the event that the Parties fail to agree on the
choice of the arbitrator, they shall forthwith
request the Minister of Labour of B.C. to appoint
an arbitrator, under Section 86 of the Labour
Relations Code.
c)
The arbitrator shall hear the Parties, settle the
terms of the question to be arbitrated, and make
his/her award within fifteen (15) days from the
day of the conclusion of the hearing. This time
limit may be extended by mutual agreement of
the Parties.
d)
The decision of the arbitrator shall be final and
binding on both Parties.
e)
Each Party shall bear one-half (1/2) the cost of the
arbitrator.
19
f)
The arbitrator or board of arbitration shall be
restricted to the authority set out at Section 82(2)
of the Labour Relation Code of British Columbia
with respect to the interpretation and application
of the existing Agreement and shall have no
authority or jurisdiction to alter, modify, delete or
supplement this Agreement in any way.
9.02
CONSENSUAL MEDIATION - ARBITRATION
The Parties may mutually agree to submit a grievance
to an officer under Section 105 of the Labour
Relations Code of British Columbia as an alternative
to the arbitration procedure contained in this
Agreement.
ARTICLE 10 - DISCIPLINE
The Company can discipline any employee for just
and reasonable cause.
10.01
WRITTEN NOTICE OF FORMAL DISCIPLINE
All disciplinary action beyond a verbal warning shall
be presented to the employee in writing. A copy of
such notices shall be forwarded to the Unit
Chairperson.
20
10.02
SHOP STEWARD PRESENT
An employee shall have the right to have his/her
Steward present at any discussion of formal
disciplinary action with supervisory personnel. The
Supervisor shall notify the employee in advance, of
the purpose of the interview, so that the employee may
contact his/her Steward.
PERSONNEL FILE
a) In order to facilitate the investigation of a
grievance, an employee or the Unit Chairperson, or
his/her designate, with the written permission of
the employee, shall be entitled to review the
employee's personnel file in the presence of a
Company representative.
b)
Any formal notice of disciplinary action shall be
canceled after twelve (12) months. No mention
of the disciplinary action may be raised against
the employee thereafter.
21
ARTICLE 11 - SHOP HEALTH, SAFETY AND
ENVIRONMENT
11.01
SAFETY AND HEALTH - RESPONSIBILITY
a)
Company Responsibility:
The Company agrees that it is the responsibility
of the Company to make adequate provisions for
the safety and health of the employees during the
hours of their employment.
b)
Union to Cooperate:
The Union and the employees agree to cooperate
fully with the Company on all matters of health,
safety and environment.
11.02
JOINT HEALTH AND SAFETY COMMITTEE
Section 1:
It is agreed that the Company will give full
consideration to the safety and well being of every
employee in every phase of every job. No other
responsibility will take preference. To this end the
Parties agree to hold regular Safety Committee
meetings. The Safety Committee will be comprised of
two (2) members from the Company and two (2) from
the Union. No employee will have to work under
22
unsafe working conditions or with unsafe equipment.
An employee who has reasonable cause to believe that
an unsafe condition exists may refuse to work under
such conditions without being subject to discipline.
Any unsafe working conditions should be reported to
the supervisor immediately by an employee.
Immediately following, the supervisor, the employee
and their area safety representative should meet and
discuss the matter reported. If no satisfactory solution
is arrived at, the matter should be reported to the plant
manager, who will then immediately meet with the
employee and safety representative.
If all steps fail to produce a satisfactory solution, the
matter may then be taken up with the Workers
Compensation Board, (also known as Worksafe B.C.)
Section 2:
It is agreed that a member of the Union Plant
Committee, or an alternate designated by the
Committee, will accompany Workers' Compensation
Board (also known as Worksafe B.C.), Inspectors on
plant visits.
23
Section 3:
The Company undertakes to provide at no cost to the
employee the necessary safety equipment when
required by the Workers' Compensation Board (also
known as Worksafe B.C.) regulations for the
protection of the employee in the plant.
Section 4:
Safety Committee members will be placed in a Health
and Safety Training Program for a minimum of eight
(8) hours annually, with no loss in earnings and at no
cost to the employee.
Section 5:
It is mutually agreed that a Safety Committee,
consisting of employees selected by the Union, will
meet with a Management representative or
representatives, not less frequently than once a month.
Minutes of such meetings will be posted on the notice
board, and a copy forwarded to the Union Office.
Employees shall be compensated, at regular rates of
pay, for time spent at safety meetings.
24
Section 6:
In addition to the foregoing, environmental matters
including air quality, which may arise from time to
time, shall be addressed through the Joint Health,
Safety and Environment Committee.
11.03
UNION REPRESENTATIVE TO BE INCLUDED
INNSPECTOR'S TOUR
When a shop inspection is made by an Inspector
authorized to enforce the Worker's Compensation
Regulation or the Factories Act, a Union
representative of the Safety Committee shall be
included in the tour, and a copy of the Inspector's
report shall be made available to the Safety
Committee.
11.04
PROTECTIVE CLOTHING SUPPLIED
The following protective clothing shall be provided by
the Company, free of charge:
Mechanic's
Partsperson
Service Advisors
Front End Clerical
Coveralls
Shirts
Shirts and two (2) pair of pants annually
Shirts and two (2) pair of pants annually
25
In addition, an acid-proof apron shall be available for
use of employees handling corrosive material. All
Staff uniforms must be worn.
11.05
WASHING FACILITIES
Proper washing facilities shall include hot and cold
water, hand cleanser, towels and washbasins; these
shall be provided by the Company.
11.06
CLOTHES LOCKERS
Clothes lockers of suitable size shall be provided by
the Company for protection of the employee's
clothes and personal belongings.
11.07
LUNCH SPACE
The Company agrees to provide lunch space of a
sufficient size to accommodate the employees.
11.08
ADEQUATE HEAT, LIGHTING AND
VENTILATION
The Company agrees that the shop (s) shall be heated
adequately, lighted and ventilated in accordance with
Provincial regulations. An attempt will be made to
keep the shop at a minimumof 65 °
26
11.09
FIRST AID ATTENDANT'S PREMIUM
a)
If an employee, in addition of his/her regular
work, is the holder of an Industrial First Aid
Certificate and is designated as First Aid
Attendant, he/she shall receive one dollar ($ 1.00)
per hour in addition to his/her regular rate
effective June 1,2007.
b)
The Company shall reimburse course fees and
book costs to designated employees who
successfully complete the Industrial First Aid
Course.
c)
Designated First Aid Attendants shall have the
option of attending Industrial First Aid Training
courses during the one (1) week day time session
or the two (2) week evening session, subject to
workload in their classification department.
d)
Should an employee on his own decide to leave
the employment of the dealership prior to the
termination of their Industrial First Aid Ticket
which was paid for by the dealership, they will be
obligated to reimburse the company the pro-rata
amount remaining of the course fees and books
required for the course.
27
11.10
SAFETY EQUIPMENT ALLOWANCE
The Company agrees to pay each full time Parts
Person and Service Technician, Wash Personnel,
Lube Technician, Re-conditioning Technician,
Shipper/Receiver and Service Writer a safety
equipment allowance. The amount of the allowance is
two hundred ($200.00) payable on the employee's
anniversary date upon proof of receipt. Employees
shall qualify for this allowance after his/her first
anniversary.
The Parties acknowledge the seriousness of employee
safety and safe working practices and jointly agree
that safety equipment for hearing, vision and feet must
be worn as required.
ARTICLE 12 - SENIORITY
12.01
DEFINITION
a)
The Parties recognize the principle of seniority in
their application to the promotion, demotion,
transfer, layoff and recall of an employee,
providing the employee has the qualification and
ability to perform the work.
28
b)
Company seniority is defined as the length of
continuous service with the Company.
c)
Department seniority is defined as the length of
continuous service in the department concerned.
Departments are recognized as follows:
Service Technicians
Reconditioning
Customer Service/Sales
Parts
Wash/Lube Technician
12.02
SENIORITY WILL BE MAINTAINED AND
ACCUMULATED DURING
a)
absences caused by occupational injury;
b)
temporary illness, disability or non-occupational
injury causing absence, not exceeding twelve (12)
months;
c)
leave of absence as provided for in Article 16.
Seniority Will Be Maintained During Layoff In Accordance
With The Following:
29
i)
End of probationary period to six (6)
month's, for up to one (1) month;
ii) six (6) month's service up to one year, for up
to three (3) months;
iii) twelve (12) month's service and longer, for
up to twelve (12) months.
12.03
AN EMPLOYEE SHALL LOSE THEIR FOR
THE FOLLOWING REASONS
a)
voluntary quit;
b)
discharged for cause and not reinstated under the
grievance procedure;
c)
laid off and fails to return upon recall by the
Company;
d)
abandons their position as a result of failure to
return when cleared to return from approved
absence subject to the grievance procedure.
e)
laid off and is not recalled within the recall
period.
30
12.04
RECALL PROCEDURE
a)
laid off employees will be given the first
opportunity to be rehired, in order of seniority.
Failure of the employee to report for work within
one (1) week of notice by registered mail, at the
last address reported to and received by the
Company shall result in termination of
employment with the Company.
Bona fide reasons for failure to report shall not
deprive an employee of their recall rights.
b)
12.05
recalled employees will be credited with the
seniority they had at the date of layoff.
HIRING WHILE EMPLOYEES ON LAYOFFS
A new employee will not be hired in a department
while employees with recall rights in that department
are on layoff. The employee, on recall, must possess
the required skills to perform the available work.
12.06
LAYOFF
a)
in the event of any layoff, the provisions of the
Employment Standards Act will apply.
31
b)
a reduction in hours of work due to operational
conditions, a total or partial shutdown due to an
emergency or condition outside the control of the
Company or other reason shall not constitute a
layoff. When a reduction of hours is due to
operations conditions, the reduction will be
handled consistent with subsection (c). If the
reduction of hours is going to be in excess of five
days the parties agree to meet and discuss skill
sets.
c)
when a layoff becomes necessary, probationary
employees shall be laid off first. If a reduction in
the regular workforce is deemed necessary, the
Company will first effect the layoff by seniority
and skill set in the department of the Company
where the layoff is required, and will allow that
person(s) to exercise the Company Seniority to
bump into another department given
qualifications and ability to do the work.
Employees who exercise their right to bump will
be paid the rate for the position they bump into.
d)
the Company may confer and mutually agree
with the Union upon a plan for the equitable
distribution of available work.
32
12.07
SENIORITY LISTS
The Company will prepare seniority lists of all
employees and present it to the Union within thirty
(30) days of the signing of the Agreement. This list
will be posted for a period of sixty (60) days, and will
establish the seniority, and classification of an
employee who does not protest his status in writing,
within the said sixty (60) days. Said lists will
commence with the most senior employee, carry on
downwards to the most junior employee, and contain
the following information:
1.
2.
3.
4.
5.
Employee's name;
Employee's starting date;
Employee's length of service in years and days;
Employee's regular classification;
Probationary employees will also be shown on
the list.
12.08
SENIORITY LISTS-ADDITIONAL
The Company shall provide a current seniority list in
January of each year. The Union may request
additional revised lists as required from time to time
but no more frequently than once every three (3)
months.
33
12.09
PROBATIONARY PERIOD
Regular employees will be regarded as on probation
for the first ninety (90) calendar days of employment,
exclusive of absences.
ARTICLE 13 - VACANCIES AND PROMOTIONS
13.01
a)
Where a job vacancy occurs or a new position in
the Unit is created, a notice shall be posted on the
appropriate bulletin boards for a period of five (5)
working days prior to the filling of the vacancy.
b)
Where possible, a candidate will be selected and
the position awarded within five (5) working days
of the expiry of the vacancy period.
13.02
Where qualifications and ability of two (2) or more
applicants are equal, the most senior candidate will be
selected in accordance with the principles set forth in
Article 12, Seniority.
13.03
For the purposes of this Article, the Company will
consider the employee's performance, record of
attendance, safety, discipline, as well as other relevant
criteria in selecting the best applicant.
34
13.04
An employee awarded the vacant position, and who
is unable to continue to perform the position duties to
the satisfaction of the Company, or at the option of
the employee, within a maximum of twenty (20)
working days, will be reassigned to his/her former
position without loss of seniority.
13.05
When necessary, vacancies may be filled on a
temporary basis until the successful bidder for the
posted job vacancy is selected in accordance with
Article 12.
13.06
It is agreed that persons may be transferred out of the
bargaining unit for supervisory purposes, for a period
not to exceed thirty (30) working days, and return to
the bargaining unit and the job previously held
without loss of seniority. The period may be
extended by mutual agreement between the
Company and the Union.
ARTICLE 14 - GENERAL PROVISIONS
14.01
SAVINGS CLAUSE
The provisions of the Agreement conform to all
applicable laws and statues of Canada and the
35
Province of British Columbia. Should any of the
provisions of this Agreement be deemed to violate any
subsequently amended laws and/or statutes of Canada
or the Province of British Columbia, the Parties agree
to re-negotiate such provision and the balance of the
provisions of the Agreement will continue in full force
and effect for the duration of the Agreement.
14.02
NO STRIKES OR LOCKOUTS
The Parties agree there shall be no strikes or lockouts
during the term of this Agreement.
14.03
CONFLICT OF INTEREST
No employee shall solicit any work or undertake work
outside the Company premises which is competitive
with the Company with the exception of working on
vehicles of friends and family.
14.04
TRAVEL ARRANGEMENTS
An employee traveling for training purposes, will be
reimbursed for reasonable travel and living expenses.
When employees travel on their own time they will be
reimbursed for four (4) hours at straight time for
Kelowna based training and six (6) hours for Langley
based training. Training that occurs at locations other
36
than Kelowna or Langley will be dealt with on an "as
they occur" basis. Such discussions will include a
Union Steward.
For full-day courses in the lower mainland the
employee has the right to travel the night before and
receive a night's accommodation.
Employees required to travel to an approved training
program will be reimbursed up to $100.00 for gas with
a receipt if they choose to use their own vehicle.
14.05
CELL PHONES
Cell phones should only be used during breaks and
lunch times, although it is acceptable to make calls for
work related reasons or emergencies and/or family
crisis, providing the employee notifies his/her
supervisor. Social calls should only be made at breaks
and lunch times.
14.05
DRIVERS LICENSES
Employees requiring a valid drivers license who, lose
such privileges will be afforded work in other areas,
providing work is available, otherwise they may be
laid off until they acquire a valid drivers license or
other work becomes available.
37
ARTICLE 15 - HARASSMENT AND
DISCRIMINATION
15.01
Smith Chevrolet Oldsmobile and C.E.P., Local 10-B
recognize the importance of maintaining a work
environment that is free of harassment and
discrimination. Therefore the company agrees to
provide a work environment that is free of
discrimination and harassment. Such an environment
does not condone an atmosphere where an employee
is subjected to offensive remarks, behaviour or
surroundings that create intimidating, hostile or
humiliating conditions.
Harassment means intimidation that is repeated and or
unwelcome whether it is verbal, written, facebook,
multi media or physical and which;
o
o
o
prejudices the complainants job security, or
undermines an employees job performance, or
is perceived on the part of the complainant to
create a negative physiological or emotional
state.
The Company and the union agree to make every
effort to eliminate sexual harassment in the
workplace.
38
This clause shall apply to all persons employed by
Smith Chevrolet Oldsmobile. The filing of a
complaint will not prejudice the job security or
promotional opportunities of the complainant. All
information and supporting witnesses relevant to a
complaint shall be treated as privileged and strictly
confidential.
15.02
JOINT INVESTIGATION COMMITTEE
The parties agree to set up a Joint Harassment
Investigation Committee which will consist of two
from management and two from the union. It is agreed
that the committee will set up procedures for
investigating a complaint and make recommendations
for resolving a complaint as soon as possible.
ARTICLE 16 - LEAVES OF ABSENCE
The Company will grant, with sufficient notice, a
leave of absence under the following circumstances.
16.01
COMPASSIONATE LEAVE
In the case of a death in the immediate family of an
employee the Company shall grant up to three (3)
Days paid leave of absence from regular scheduled
shifts at the employee's regular rate of pay.
39
The immediate family shall be: mother, father,
stepmother, stepfather, spouse, children,
daughter-in-law, son-in-law, stepchildren, brother(s),
sister(s), mother-in-law, father-in-law, grandparents,
and grandchildren.
16.02
JURY DUTY
Any employee who is required to perform Jury Duty,
Coroner's Duty, or as a Crown witness on a day which
he/she would have normally been scheduled to work,
will be reimbursed by the Company for the difference
between hi/her regular rate of pay and the pay
received for such duty. This paragraph shall not
apply to probationary employees. If not selected, an
employee will be expected to return to work.
16.03
LEAVE FOR UNION BUSINESS
a)
If any employee should be elected to act as a
delegate for the Union, he/she shall be allowed,
upon sufficient notification, reasonable leave of
absence without pay for the transaction of Union
business, provided that not more than two (2)
employees shall be absent at any one time unless
mutually agreed.
40
b)
If any employee should be elected to serve the
Union on a full time basis, he/she shall be
considered, upon sufficient notification, to be on
leave of absence without pay for a maximum of
two (2) years. He/she shall be re-employed at the
same type of work that he/she performed prior to
his/her leave of absence and with seniority
accumulated, provided that not more than one (1)
employee is absent at any one time.
16.04
LEAVE FOR PERSONAL BUSINESS
An employee may request a leave of absence and such
permission shall not be unreasonably withheld. The
basis of such refusal shall be when such leaves will
unduly affect the efficient operation of the business.
If the employee takes a job elsewhere during this
leave, without the approval of the Company, he/she
will be considered as having terminated his/her
employment.
16.05
PAH) BIRTH OR ADOPTION LEAVE
One day with pay leave of absence. Further leave may
be applied for under Section 16.04.
41
16.06
MATERNITY OR ADOPTION LEAVE
a)
The Company shall grant an unpaid leave of
absence of up to six (6) months to an employee
who has a newborn child or adopts a child.
b)
An employee, in their pregnancy, shall be granted
an indefinite leave of absence based on medical
advice prior to childbirth. After childbirth, leave
shall not exceed six (6) months as stated in
Section 16.05.
c)
Employees granted leave under this Section shall
return to their former jobs without loss of
seniority or benefits for up to six (6) months after
childbirth.
d)
16.07
The employer will pay 100% of extended health
premiums while an employee is on
maternity/paternity leave.
SICK LEAVE
a)
Sick Leave pay shall be granted up to a maximum
of thirty-two (32) hours per year with full current
pay to regular full time employees who are off
work due to illness or who qualify by the
42
Company. Any unused sick leave shall be paid
out on the employee's anniversary date.
b) Employees will have the option of banking sick
leave to a maximum of one hundred and twenty
(120) hours. New employees will accrue sick
leave on a pro-rata monthly basis for the first year
of employment. New employees will not be
entitled to use their sick days during the
probationary period.
c)
Employees may take sick days as personal days
when other family members are sick.
d)
Employees off sick for four (4) or more days or
employees showing a proven trend of excessive
sick leave may be required to provide a doctor's
note.
Short Term Illness
In the event that an employee is unable to report for
his/her scheduled shift due to sickness, the employee
will contact Management directly or by voice mail
informing them prior to the shift beginning. Should
the sickness be expected to continue resulting in
further shifts being missed or if the sickness ends, the
employee is required to contact Management directly
43
or by voice mail by (3.00 p.m.) of each day informing
them of his/her status.
16.08
COMPASSIONATE LEAVE
An employee who requests leave under this section is
entitled to up to 8 weeks of unpaid leave to provide
care or support to a family member if a medical
practitioner or nurse practitioner issues a certificate
stating that the family member has a serious medical
condition with a significant risk of death within 26
weeks, or such other period as may be prescribed,
after the date the certificate is issued, or if the leave
began before the date the certificate is issued, the date
the leave began. Employees granted leave under this
Section should return to their former jobs without loss
of seniority or benefits.
ARTICLE 17 - BENEFIT PLAN
The cost of benefits under this Article shall be paid
one hundred percent (100%) by the employee,
provided the Company contribute to the pain an
amount equal to sixty (60%) percent of the cost to
fund the total Benefit Plan (the benefits received
under 17.01 (d) and (f) shall be non-taxable to the
employee). Employees qualify for this program on
the first of the month following the completion of the
44
probationary period. The new plan will be
implemented on the first of the month after ratification
of this agreement.
17.01
BENEFIT COVERAGE
a)
Basic B.C. Medical Plan
c)
Life Insurance - 200% of annual earnings to a
maximum of $200,000.00
d)
Accidental Death and Dismemberment - double
indemnity.
e)
Weekly Indemnity - covering the first day (1st) of
accident or seventh (7th) calendar day of
sickness, at 67% of gross earnings to a maximum
of $600/week, for a maximum of 26 weeks. The
Company will submit the required forms to the
insurance carrier within the seven-day waiting
period to ensure employees are paid sick benefits
in the second week of illness. Employees will
make the completed form available to the
employer so that the form can be forwarded to the
carrier.
45
e)
Extended Health - with a $25.00 deductible
provides unlimited semi-private hospital,
paramedical, and vision care at a maximum of
$150 per 24 months including contacts.
f)
Long Term Disability - after a 26-week waiting
period, covering 60% of gross earnings to a
maximum of $3000.00 per month to age 65.
g)
Dental - covering to the following extent; Plan A
- 100%; Plan B - 50% (annual maximum
$2000.00); Plan C - 50% (Lifetime maximum
$2000.00)
note: The Benefit Plan will be amended to have; first
choice will be "Generic" drugs unless prescribed
otherwise by the physician.
17.02
BENEFIT COVERAGE WHILE OFF WORK
An employee who is off work and covered by WCB or
WI benefits will continue to have the Company
portion of the Benefit Plan paid until cleared to return
to work or until twenty-six (26) weeks have elapsed,
whichever is soonest.
46
17.03
EMPLOYEE TO INFORM COMPANY WHILE
OFF WORK
In the case of an employee off work due to illness,
disability, or W.C.B. injury or disability, it is the
responsibility of the employee to inform the Company
on a weekly basis, providing relevant information of
his/her condition and expected date of return to active
employment.
17.04
BENEFIT COVERAGE WHILE AWAITING
W.C.B.
An employee off work due to an accident, illness, or
disability, which is the subject of a claim by the
employee to the W.C.B., may apply to the Plan for
Weekly Indemnity benefits while awaiting approval
of his claim by W.C.B. The employee agrees to sign a
subrogation agreement to repay the Plan for the full
costs of any advances by the Plan prior to the Plan
advancing any funds.
17.05
BENEFITS COVERAGE WHILE ON LAY-OFF
The Company shall maintain its share of premiums
for core benefits (medical, dental, and extended
health only) for an employee laid off one (1) month
47
from the date of lay-off. The laid off employee shall,
in turn, advance to the Company his/her share of the
premiums of the core benefits.
In the event the lay-off extends beyond one (1)
month, the Company agrees to maintain coverage for
the employee for the core benefits provided the
employee advances to the Company the total cost of
the monthly premiums for such coverage.
ARTICLE 18 - TOOL POLICY
18.01
TOOL INSURANCE
a)
Fire and Theft Tool Insurance will be provided up
to a maximum coverage of thirty thousand dollars
($ 30,000.00) with a deductible of five hundred ($
500.00).
b)
This policy will only cover theft of employees'
tools on the Company premises or designated
working place, provided there are visual signs of
breaking and entering.
c)
The employee is responsible to submit to the
Company an inventory of his/her tools before
being eligible for tool insurance.
48
18.02
TOOL REPLACEMENT
Where an employee owned tool must be modified or
damaged to perform a job, the Company shall repair or
replace the tool at no cost to the employee, provided
that:
a)
The modification or damage occurs during the
performance of the employee's assigned duties;
b)
The supervisor is advised and approves of the
modification required, or of the potential for tool
damage, before the job proceeds;
c)
The modification required, or damage sustained,
is not a result of negligence, abuse;
d)
A tool replaced due to approved modification
becomes Company Property.
Mechanic's tools that break while in the employee's
normal working duties will be repaired or replaced
with a tool of equal value.
49
18.03
SHOP EQUIPMENT AND TOOLS
a)
It is the responsibility of the company and
employees to make sure all shop tools and
equipment supplied by the company are regularly
maintained and updated so they are in optimal
working condition. This is to allow employees to
operate them safely and with peak efficiency, so
operation does not affect flat time rates. Any
damaged, broken or disabled equipment must be
immediately reported.
b)
All Data needs to be installed on all Tech
terminals and logins need to be available to all
service employees who require the use of the
program. Technicians are responsible to provide
written quotes to advisors as part of the R.O.'s.
c)
The Company is responsible for keeping all
computers, scanners, and related equipment up to
date with GM's minimum standards and
employees are responsible for updating and
utilizing the programs in the regular course of the
duties.
ARTICLE 19 - ADJUSTMENT PLAN
50
19.00
ADJUSTMENT PLAN PROCESS
If the Company introduces or intends to introduce a
measure, policy, practice or change that affects the
terms, conditions or security of employment;
a)
the Company shall give notice to the Union at
least sixty (60) days before the date on which the
measure, policy, practice or change is to be
effected, and;
19.01
Within ten (10) days after notice has been given, the
Company and Union shall meet, in good faith, and
endeavor to develop an adjustment plan, which may
include provisions respecting any of the following:
i)
consideration of alternatives to the proposed
measure, policy, practice or change, including
amendment of provisions of this Agreement;
ii) human resource planning and employee
counseling and retraining;
iii) notice of termination;
iv) severance pay
v) entitlement to benefits, including early retirement
benefits;
51
vi) a bipartite process for overseeing the
implementation of the adjustment plan.
19.02
ENFORCEMENT OF ADJUSTMENT PLAN
If, after the meeting in accordance with 19.01, the
Parties have agreed to an adjustment plan, it is
enforceable as if it were part of this Agreement.
Grievances over the application, operation, or alleged
violation of an agreed upon Adjustment Plan shall
commence at Step 2.
19.03
TERMINATION UNDER 49.2 OF
EMPLOYMENT STANDARDS ACT
The provisions of this Article do not apply to
termination of the employment of employees referred
to in Section 49.2 of the Employment Standards Act.
19.04
SENIORITY APPLIES TO ADJUSTMENT
PLANS
a) If an adjustment plan results in a reduction in the
number of employees, such a reduction shall be in
accordance with the provisions of Article 12,
Seniority.
52
b)
19.05
Employees displaced in accordance with this
Article may displace other employees in
accordance with the provisions of Article 12, opt
for lay-off status, or opt for severance pay as
follows: one (1) weeks pay for each year of
service or major fraction thereof, up to a
maximum of ten (10) weeks pay.
CONSULTATION COMMITTEE
On the request of either Party, the Party's Standing
Committee shall meet at least once every two (2)
months, until this Agreement is terminated, for the
purpose of discussing issues relating to the workplace
that affect the Parties or any employee bound by this
Agreement.
ARTICLE 20 - APPRENTICES
20.01
APPRENTICES
Where Apprentices are employed, the following rates
shall apply:
Service/Parts Department:
1st
2nd
6 months
6 months
55% of Journeyperson's rate
60% of Journeyperson' s rate
53
3rd
4th
5th
6th
7th
8th
6
6
6
6
6
6
months
months
months
months
months
months
65% of Journeyperson's rate
70% of Journeyperson's rate
75% of Journeyperson's rate
80% of Journeyperson's rate
85% of Journeyperson's rate
90% of Journeyperson's rate
Service Advisor Apprenticeship Scale:
1st 6 months
75% of Journeyperson AdvisorRate
2nd 6 months
3rd 6 months
4th 6months
80% of Journeyperson Advisor Rate
85%ofJourneyperson Advisor Rate
90% ofJourneyperson Advisor Rate
20.02
APPRENTICE TRAINING
Apprentices shall be paid when attending the required
Apprenticeship Training Schools, less Manpower
allowances.
The parties acknowledge and appreciate the
complexity of apprenticeship training and fully
support the apprenticeship program. To this end both
parties are committed to ensure that apprentices
acquire and achieve the necessary hands on training in
a timely fashion in order to fulfill the program
requirements while in the workplace.
54
ARTICLE 21-WAGES
21.01
WAGE SCHEDULE
Employees shall be paid in accordance with the rates
of pay negotiated by the Parties to this Agreement.
The applicable rates of pay are recorded as Schedule
"A" to this Agreement.
21.02
WAGES PAID
Wages shall be paid every second Friday, with a
maximum of five (5) working day's pay held back.
Employees will be given a proper statement of all
hours, indicating overtime hours, earning and
deductions, covering each pay period. Accumulated
holiday pay will be shown in the pay stubs within
three (3) months of the ratification of this agreement.
Based, on one hundred percent (100%) employees on
Payroll system, direct deposit to financial institute of
employee's choice, subject to any restrictions from
bank system requirements for package offering.
Pay summaries will be handed out a minimum of three
(3) days before payday to allow for changes to be done
before pay is deposited. It is acknowledged that weeks
with a Statutory Holiday this may not be workable.
55
21.03
PAY DAY FALLING ON A STATUTORY
HOLIDAY
In the event of a statutory holiday falling on a regular
payday, the cheques shall be made available on the
preceding day.
21.04
WORK IN A HIGHTER CLASSIFICATION
Any employee performing work classified at a higher
rate of pay shall receive such higher rate while
occupying the said classification, provided the
employee works more than two (2) hours in any one
(1) day in the higher classification.
21.05
PAYMENT FOR LOST TIME ON DAY OF
INJURY
In the event of an employee being injured on the job
and requiring medical attention, straight time will paid
for clock time lost on the day injury occurs.
21.06
RECLASSIFICATION - NEW POSITION
Should a new position be introduced or a substantial
change in job content occur during the term of this
56
Agreement, the Parties will meet to discuss the
appropriate rate and if agreement cannot be reached,
the issue will be arbitrated under the procedure
identified in Article 9.02 of this Agreement.
21.07
METHOD OF PAYMENT
a)
Employees presently being paid at straight time
hourly rates will continue to be paid as such.
b)
Service Technicians currently on Flat Rate shall
be paid according to Chilton Manual (or similar
published guide), for any non-warranty repairs.
For a warranty repair the Manufactures Labour
Time Guide shall apply. Technicians shall be
paid at a single rate as per the wage and
classification schedule contained in this
Agreement.
c)
Goodwrench advertised repair rates will not be
covered under the Chilton Professional Labour
Guide but shall be paid on a nationally advertised
Goodwrench time allowance.
d)
For menu specials or any other variances from (b)
and (c) above the appropriate allowances will be
57
jointly determined and applied for the work under
consideration.
e)
The Company and the Union will confer before
changing any Employee from or to the Flat Rate
system.
f)
21.08
The employer will supply times for Nationally
advertised specials etc.
NO LOSS OF PAY
Should an employee be assigned to work on a
temporary basis at a job with a lesser rate of pay than
that of the employees regular job, the employee
reassigned will continue to be paid at the higher rate of
pay for the duration of the temporary assignment.
ARTICLE 22 - TERM OF AGREEMENT
This Agreement shall be in effect from June 1, 2013
up to May 31, 2017 and from year to year thereafter
unless notice to commence lawful strike is provided
by the Union or lawful lock-out notice is provided by
the Company.
58
CLASSIFICATION AND WAGE RATES
SCHEDULE A:
Job Title
Current
June 1/13 June 1/14
June 1/15
June 1/16
29.49
30.61
30.08
30.68
31.29
GM Tech 1
31.22
31.85
32.48
GM Tech 2
31.74
32.37
33.02
33.68
GM Tech 3
32.99
33.65
34.32
35.01
35.97
Goodwrench Tech
22.12
22.56
23.01
23.47
21.12
General Technician
32.16
33.38
34.61
Service Advisor
Base
28.53
Salary
2/3
2/3
2/3
2/3
Commission
1/3
1/3
1/3
1/3
1/3
29.10
29.68
30.27
31.11
Hourly Guarantee
2/3
Partsperson
Shipper
Reconditioning/Detail
28.38
16.74
17.54
28.95
17.07
17.89
29.52
17.42
18.25
30.12
17.76
18.61
30.94
18.25
19.12
Detailer
Service Clerk
Clerk I
15.50
16.85
15.81
17.19
13.75
16.13
17.53
14.02
16.45
17.88
14.30
16.90
18.37
14.59
Lube/General Tech
15.72
16.03
16.35
16.68
17.14
Lube/Tire
13.00
13.26
13.52
13.79
14.17
Washer
11.25
11.47
11.70
11.94
12.27
59
Notes:
•
Service Advisors will be paid at the straight time
rate for up to nine (9) hours per day. After nine
(9) hours the overtime provisions of the
Collective Agreement will prevail.
•
Medium Duty rate of $2.00/hr.
Flat Rate Productivity Requirement
Flat rate productivity becomes essential based on the
new higher tiered technician for the dealership to
remain profitable. Failure to maintain a minimum
100% productive on hours worked on repair orders on
a quarterly basis will result in a reduction to the next
lower tiered technician level until productivity is
raised above the 100% minimum in the following
quarter or subsequent quarters. Consecutive quarterly
productivity below 100% will result in further
reductions in the tiered Technician scale until the
base Goodwrench technician rate. Failure for a
technician to ever reach 100% productivity on clocked
repair orders, on any tier will result in job evaluation
with proper notice as per the CEP contract. A monthly
productivity sheet will be provided to each technician
by the service manager on a monthly basis to keep all
parties informed of their productivity levels.
60
Service Advisor Bonus Program
The Service Advisor program is a combination of
three factors calculated monthly.
1.
Individual 3 month CSI score above the GM
dealership objective for the calendar year.
2.
Individual Retail Labor Sales per month based on
our calendar year objective
3.
Individual retail Hours per RO based on industry
standards of 1.5 hours per RO each advisor will
receive a monthly sheet showing their monthly
result and any bonus will be paid during the
following month
An additional $100 bonus will be paid monthly to the
clerk who is administrating the claims on the
following criteria.
1.
The Total Warranty outstanding above 30 days is
2.
credits as per the accounting warranty schedule.
The Total Warranty Claims return percentage is
below the Zone average for the month as per the
less than 20% of the total claims less the PDI
61
GM warranty summary the clerk who is doing the
administration will receive a summary and the
bonus will be paid during the following month.
ASE Dealership Certification Training:
The dealership and its employees will work towards
having all technicians and other positions ASE
Certified to enable the dealership to become BCAA
Certified.
Maintaining and Up-grading of qualifications:
Employees required to maintain and up-grade their
qualifications through on-line courses and testing will
be afforded time during the regular work days, when
available and pre-authorized. Where such
requirements are preformed on a home basis, the
employer will pay designated time as suggested by
course length in the General Motors training program.
All onsite training will take place in boardroom. Only
required and pre-authorized courses will be paid.
Training will require a pre-authorization form filled
out in advance, which will be turned in to initiate
payment upon completion. Additional courses may be
completed by the Technician on their own without
re-imbursement.
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Warranty Administrator Incentive:
An additional 100 bonus will be paid monthly to the
service clerk responsible for inputting the warranty
claims into GM Global in a timely manner to ensure
the dealership is promptly paid.
Based on the following criteria:
1.
2.
All warranty Ro's are input and processed within
48 business hours of closing with the exception
of stat holidays and regular days off
Reject rate remains below the zone average for
claim submission.
CSI Incentive Bonus:
The service clerks play an integral role in the service
CSI. Effective with the advisor CSI bonus the
dealership will also offer a $50.00 CSI bonus if the
dealership numbers per month CSI score is above the
Zone 3 month CSI score. Again, the CSI bonus is an
added incentive and the dealership reserves the right
to cancel or alter if the intended goals are not being
met.
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Service Advisor Incentive
Based on the monthly objective of the service
department for labor sales, the dealership is pleased to
offer an incentive to recognize the service advisor for
ensuring the legitimate up-sales when they are in the
drive thru.
Effective June 2013 the levels are:
customer pay labour between 40000 and 45000 - $100.00
customer pay labour between 45000 and 50000 - $200.00
customer pay labour above $50,000
$300.00
In additional a monthly CSI bonus of 50.00 will be
paid for a 3 month service advisor individual CSI
score that is above the Zone 3 month average.
The introduction of this bonus is intended to reward
the advisor for the extra work and effort in attaining
these levels and making the shop productive and
profitable.
The dealership reserves the right to change or
terminate this program if this incentive program does
not assist in these goals both for labor sales and CSI.
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Appendix B - Group RRSP
The Company will contribute to a "structured"
R.R.S.P. for all full-time regular employees with three
(3) years continuous service on the anniversary date as
follows:
1) Rate will be four and one-quarter percent (4.25%)
of regular base rate of pay accrued for all regular
hours worked.
2)
Funds contributed by the Company will be
available to the employee at regular retirement
age, death, or on qualification for L.T.D. under
the terms of the Benefit Plan.
3)
All employees may have the option of having
payroll deductions for R.R.S.P., these deductions
will be remitted monthly to the Carrier.
Employees who enroll for payroll deductions
must do so for the full year.
4)
Effective January 2013 employees with twenty
(20) years of service will in addition to the 4.25%
RRSP contribution receive an additional 2% for
the term of the agreement, subject to the terms
outlined in the Memorandum of Agreement.
65
Signatories
On ratification, the Parties mutually agree to implement the
Agreement and to uphold the terms and conditions as laid forth
in the Agreement.
Smith Chevrolet Cadillac Ltd.
Employer:
CEP Local 10-B
Union:
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66
Letter of Intent
That the wage scale set out in the letter for the Parts
Apprentice remain in effect for the duration of the
apprenticeship and take into account the wage increases
given to the employees in Parts.
67
Letter of Understanding, Re: Flat Rate
The Parties agree that Service Technicians will be paid at
their hourly rate from the time of clocking in, until they clock
out at the end of shift. This time includes some reasonable
time for clean up and return of tools. The current flat rate
system will remain in place to reward efficiency.
It is recognizedby both partiesthat a Flat Rate Technician is
expected to performon averageat a minimumone hundred
percent (100%)chargeable flat rate hours of his clocked
hours.
The Parties agree to monitor the efficiency of the individual
technicians whose efficiencies are not up to this industry
standard or who are experiencing excessivecomebacks. This
is especially intended on new flat rate technicians who have
either just become journeymen or who have been hired as a
flat rate technician.
The Union furtheragrees that shouldthe overallefficiencyof
the Shop become a problemto negotiatean alternative
system.
Both parties recognize that to ensure equal opportunity and
fairness for all technicians, jobs will be assigned by the
system based on applicable skill sets and the next job up
68
must be taken in that order. Attempts to manipulate or
alter the system by technicians, service advisor or service
clerks may result in disciplinary action as per Article 10 of
the collective agreement.
The attached Shop Work Disbursement, Method for equal
disbursement of workload, will form part of this letter of
understanding.
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Shop Work Disbursement
Method for equal disbursement of work load.
Employees will be divided into identifiable groups:
Electrical/Tune-Up
General Technician
Transmission Technician
Diesel Technician
Steering technician
Medium Duty Technician
Good Wrench Technician - fluid changes
Lube Technician
Detail Technician
Apprentice(s)
All technicians with in a designated group cannot have equal
skills and priority codes, (mechanical)
In order to have the computer distribute work, some priority
must be given to each individual as to primary skill code. Each
employee must then have a secondary and miscellaneous skills
as well.
70
Review priorities to provide most even distribution of work.
All General Technicians should have the skill to do used
vehicles as well and dispersed through the dispatch system.
Work Shortages/Overload
When one side of the shop, electrical or mechanical
runs out of work, what parameters should be used to
decide how in depth the other department gets before
we have a conflict?
We also have to remember that at the end of the day,
the Customer needs to be looked after.
71
Letter of Understanding, RE: Shop Foreman/Assistant
Service
Manager/Service Advisor
The Shop Foreman/Assistant Service Manager/Service
Advisor will follow the provided job description for this
position. All parties accept this guideline and will
cooperatively work to ensure the duties provided will assist the
shop and provide fair compensation to the Shop Foreman/
Assistant Service Manager / Service Advisor for these
additional duties. Issues involving the Shop Foreman will be
dealt with according to Section 19.05 of the Consultation
Committee clause. The attached Shop Foreman/ Assistant
Service Manager / Service Advisor duties will form part of this
letter of understanding. This position will be a multi-task
position based on work and staff scheduling. Service Advisors
will return to previous rotation schedule as was with 3 Service
Advisors covering days off and holiday scheduling.
Shop Foreman/ Assistant Service Manger/ Service Advisor
Duties:
-Manage and record General Motors Comeback program
-Vacationing scheduling and coordinator
-Assist Apprentice(s) with diagnosing
-Direct apprentice in proper procedure for repairs
-Provide guidance in use of electronic information sources
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-Build confidence and work ethic with apprentice
-Warranty work authorization
-Authorize additional warranty work
-Authorize diagnosis time
-Review retail estimates
-Review and qualify work estimates prior to Service Advisor
contacting Customers
-Assist Technicians with diagnosis
-Technicians must show diagnosis performed
-Technicians must spend reasonable time and effort to solve
problem (.3 to .5 hr)
-Ensure the General Motors requirements are followed
-Technicians must utilize electronic and paper information
sorces
-Technicians need to provide all pertinent information required
by General Motors on each work order, ie: Specifications
-Technician must have all added lines authorized prior to
proceeding with repairs
-Technicians must have straight time punches authorized prior
top proceeding with repairs
-Technicians must provide clear and concise Cause and
correction on each line of repair order
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-Road testing
-Road test with Customers
-Road test with Technicians to verify after initial road test by
Technician
-Quality Control
-Spot check vehicles for repairs
-Review inspections with Technicians/ Service Advisors
-Supervise wash/ clean-up staff
-Provide direction for shop clean-up
-Supervise early departure of Service Staff
-Service staff to check with Shop Foreman prior to early
departure
-Review shop maintenance requirements
-Shop clean-up
-Shop/equipment repairs
-Service Advisor Duties
-All Service Advisor duties are to be performed
-Work with Service Advisors to cover rotating schedule to
cover days off, holidays, and appointments as required
-Maintain contact with work orders generated to stay in touch
with customers
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Service Technician Protocol for RO's:
Technicians requiring assistance for putting work on
hold, transfers to another job or other requirements of
dispatch will follow these steps.
Contact the service advisor by phone who wrote the
RO-
1) If Advisor is tied up, Contact Shop Foreman on
his cell phone 250-319-7143
2)
If Shop Foreman is unavailable contact service
manager at local 2256 or cell 250-319-6074
3)
Quotes must be prepared and presented on all
data system with printout.
The intent of this protocol is to assist in the smooth
flow of work thru the shop from service advisor to
technician with assistance from shop foreman and
service manager when needed to meet the time
deadlines of our customers and assist in the customer
experience and improved CSI.
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Technician Wage Scale Rates
May 21, 2010
Lube Technician
Lube and oil, tires, rotations, semi-annual inspections,
bulbs, belts, fuel and air filters.
Apprentice Technician
Pay rate reflects established rate schedule based on
General Technician pay rates.
Must keep GM Technicians Guild in good standing and
current.
Complete all current training video's.
Goodwrench Technician
Lube and oil, Semi-Annual Service, Annual Service, tire
installation, tire/wheel balance, shock absorber
replacement Lamp/bulb replacement ,wiper blades, fluid
service-including transmission, coolant, etc. installation
and repair OEM and aftermarket accessories , also if
Technician is Licensed : to include brake inspection and
repairs
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General Technician
Little or no General Motors Training.
Must keep GM Technicians Guild in good standing and
current.
Complete all current training video's.
Technician Level 1
Base level of General Motors Training.
Scanner Courses, Introduction to Electronics,
Must keep GM Technicians Guild in good standing and
current.
Complete all current training video's.
Technician Level 2
Must have General Motors Training as Level 1, as well as
specialized training in at least 2 areas including: Electrical,
Steering, Air Conditioning, and Driveability.
Must keep GM Technicians Guild in good standing and
current.
Complete all current training video's.
Technician Level 3
Must have General Motors Training as Level 1, as well as
specialized training in at least 3 or more areas including:
77
Diesel, Transmission, Medium Duty, and Government
Inspections.
Must keep GM Technicians Guild in good standing and
current.
Complete all current training video's.
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