COLLECTIVE AGREEMENT BETWEEN AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 955

Transcription

1 COLLECTIVE AGREEMENT BETWEEN LUCERNE FOODS LTD., Taber Processing Plant, Taber, Alberta AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 955 PERIOD: January 1 S \ 2012 to December 27 th, 2014

2 TABLE OF CONTENTS Page ARTICLE 1 :00 - PURPOSE... 1 ARTICLE 2:00 - BARGAINING AGENT... 1 ARTICLE 3:00 - UNION SECURITY... 1 ARTICLE 4:00 - CHECK-OFF (UNION DUES)... 2 ARTICLE 5:00 - HOURS OF WORK... 2 ARTICLE 6:00 - CLASSIFICATIONS AND RATES OF PAy... 4 ARTICLE 7:00 - ANNUAL VACATIONS... 5 ARTICLE 8:00 - STATUTORY HOLIDAYS... 7 ARTICLE 9:00 - SENIORITy... 8 ARTICLE 10:00 - MANAGEMENT RIGHTS ARTICLE 11 :00 - GRIEVANCE PROCEDURE ARTICLE 12:00 - BOARD OF ARBITRATION ARTICLE 13:00 - UNION RIGHTS ARTICLE 14:00 - UNION MEETINGS ARTICLE 15:00 - STRIKES AND LOCKOUTS ARTICLE 16:00 - CAUSE FOR DiSMiSSAL ARTICLE 17:00 - LEAVE OF ABSENCE ARTICLE 18:00 - SICK LEAVE BENEFITS ARTICLE 19:00 - FUNERAL LEAVE ARTICLE 20:00 - MEDICAL BENEFIT ARTICLE 21:00 - MUTUAL INTEREST ARTICLE 22:00 - SEVERANCE PAY - PLANT CLOSURE ARTICLE 23:00 - RENEWAL AMENDMENTS APPENDIX "A" - CLASSIFICATIONS & WAGE RATES LETTER OF UNDERSTANDING #1- SEASONAL FIELD EMPLOYEES LETTER OF UNDERSTANDING #2 - PHONE CALLS LETTER OF UNDERSTANDING #3 - SINGLE DAYS OF VACATION... 25

3 TABLE OF CONTENTS - ALPHABETICAL Article Description Page 7:00 ANNUAL VACATIONS 5 2:00 BARGAINING AGENT 1 12:00 BOARD OF ARBITRATION 11 5:05 CALL-INS 3 16:00 CAUSE FOR DISMISSAL 13 4:00 CHECK-OFF (UNION DUES) 2 6:00 CLASSIFICATIONS & RATES OF PAY 4 5:02 DAYS OFF 2 19:00 FUNERAL LEAVE 15 11:00 GRIEVANCE PROCEDURE 10 5:00 HOURS OF WORK 2 17:00 LEAVE OF ABSENCE 13 10:00 MANAGEMENT RIGHTS 10 5:07 MEAL PERIODS 3 20:00 MEDICAL BENEFIT 15 21:00 MUTUAL INTEREST 17 5:10 OVERTIME 4 20:02 PART -TIME EMPLOYEES' BENEFITS 17 5:06 PLANT BREAKDOWN 3 5:03 POSTINGS OF SCHEDULES 2 1:00 PURPOSE 1 23:00 RENEWAL AMENDMENTS 18 5:04 REQUIRED TIME BETWEEN SHIFTS 3 5:08 REST BREAKS 3 9:00 SENIORITY 8 22:00 SEVERANCE PAY - PLANT CLOSURE 18 5:09 SHIFT DIFFERENTIAL 4 18:00 SICK LEAVE BENEFITS 14 8:00 STATUTORY HOLIDAYS 7 15:00 STRIKES AND LOCKOUTS 12 5:11 SUNDAY PREMIUM 4 14:00 UNION MEETINGS 12 13:00 UNION RIGHTS 12 3:00 UNION SECURITY 1 APPENDIX APPENDIX - CLASSIFICATION & WAGE RATES 20 L.O.U. #1 SEASONAL FIELD EMPLOYEES 23 L.O.U. #2 PHONE CALLS 24 L.O.U. #3 SINGLE DAYS OF VACATION 25

4 COLLECTIVE AGREEMENT THIS AGREEMENT entered into March, 2012 BY AND BETWEEN: LUCERNE FOODS LTD., Taber Processing Plant, Taber, Alberta (hereinafter referred to as the Employer) and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 955 (hereinafter referred to as the Union) ARTICLE 1 :00 - PURPOSE 1 :01 The Employer and the Union desire to cooperate in establishing and maintaining conditions which will promote and improve industrial and economic relations between the Employer and the employees covered by this Agreement, and to set forth rates of pay, hours of work and provide methods for a fair and peaceful adjustment of all disputes which may arise between them so as to secure full employment, unrestricted operations and general stabilization of employment. ARTICLE 2:00 - BARGAINING AGENT 2:01 The Union is recognized as the sole bargaining agent for all employees coming within the description of the unit of employees described in the certification issued by the Alberta Labour Relations Board # ARTICLE 3:00 - UNION SECURITY 3:01 All persons employed after this Agreement is signed shall make application to join the Union and become members within thirty (30) days of commencement of employment, as a condition of employment. All new employees will be introduced to a Job Steward as part of their orientation. 1

5 ARTICLE 4:00 - CHECK-OFF 4:01 The Employer shall, on the first full pay period of each month, deduct from each employee of the bargaining unit who has been employed by the Employer for seven (7) days and/or forty (40) hours, the regular Union dues of the Union, and remit same together with a list of the names of the employees from whom the deductions were made to the Secretary-Treasurer of the Union on or before the thirtieth (30) day of each month. All such employees shall consent to deductions as a condition of employment. ARTICLE 5:00 - HOURS OF WORK 5:01 The basic work week or a normal week shall be forty (40) hours worked at eight (8) hours per day for five (5) days per week, or as determined by the Employer, ten (10) hours per day for four (4) days per week. Employees will be notified that they are working either five (5) eight (8) hour days per week or four (4) ten (10) hour days per week prior to the start of the first shift of that week. The maximum straight time hours of work shall be ten (10) hours per day, and forty (40) hours per week. If the Employer schedules a basic work week of four (4) ten (10) hour days, those days will be scheduled during the Monday to Friday period. 5:02 DAYS OFF Full-time employees will be scheduled two (2) consecutive days off each week. As an exception to the foregoing, the Employer and the Union recognize that those full-time employees, who work on field crews doing the harvesting of fresh vegetables, shall not be scheduled two (2) consecutive days off, nor shall the penalty for insufficient notice of shift change apply. 5:03 POSTINGS OF SCHEDULES The Employer will post the weekly work schedule on Thursday by 12:00 noon for all employees covering the one (1) week period starting the following Sunday. A full-time employee's schedule may be changed without notice in the event of absence of other staff due to sickness or accident, in the event of sudden changes in raw product availability or finished product requirements, or in the event of emergencies such as fire, flood, breakdown of machinery, or other instances of force majeure. In all other cases, at least twenty-four (24) hours' notice of any change must be given to a full-time employee, or four (4) additional hours' pay at the employee's straight time rate given in lieu of proper notice. 2

6 If the Employer changes the shift schedule after it is posted, the Employer shall notify the affected employees as soon as possible. Employee's who are not on shift will be contacted by phone or . 5:04 REQUIRED TIME BETWEEN SHIFTS There shall be an interval of not less than eight (8) hours between shifts for an employee unless otherwise mutually agreed to between the Employer and the employee. 5:05 (a) (b) Employees instructed to report for work and commence work, shall be paid a minimum of four (4) hours' pay at the employee's regular rate of pay. If an employee reports for work and is unable to commence work or has not been notified prior to their regular starting time, the employee shall receive two (2) hours' pay. 5:06 In cases of Plant breakdown, employees will be paid for waiting time if instructed to stay. 5:07 Each employee shall be scheduled for one (1) lunch period of not less than thirty (30) continuous minutes, and not more than one (1) hour, during anyone (1) work shift, and no employee shall be compelled to take more than one (1) continuous hour during such period, nor to take any part of such continuous hour before the employee has been on duty three (3) hours, or after the employee has been on duty five (5) hours in the case of eight (8) hour shifts or not before the employee has been on duty four (4) hours or after the employee has been on duty six (6) hours in the case of ten (10) hour shifts. 5:08 (a) One fifteen (15) minute rest period shall be provided to those employees who work for a period of six (6) hours or less, and two fifteen (15) minute rest periods will be provided or paid for in the case of employees working in excess of six (6) hours on an eight (8) hour shift. Employees, who are working a normal ten (10) hour shift, shall receive two (2) twenty (20) minute rest periods with pay, one (1) in the first half of the shift, and the other in the second half of the shift. (b) When an employee is required to work two (2) hours or more of overtime on a shift, the employee shall be granted a fifteen (15) minute rest period prior to the commencement of overtime. If an employee works the two (2) or more hours of overtime and does not receive the fifteen (15) minute period as provided herein, the Employer will then pay for such period. 3

7 5:09 SHIFT DIFFERENTIAL - A premium of sixty (60 ) cents shall be paid for each hour worked between 6:00 p.m. and 12:00 midnight, and a premium of seventy (70 ) cents between the hours of 12:00 midnight and 6:00 a.m. 5: 1 0 OVERTIME - All hours worked in excess of those herein, set forth in Clause 5:01, shall be deemed as overtime and paid at the rate of one and one-half (1 % X) times the regular rate of pay of the said employee working the same. If an employee is called in on a scheduled day off and consequently works in excess of forty (40) hours in a work week, then the overtime rate of time one and one-half (1 % X) shall only apply to hours worked in excess of forty (40) for that week. Overtime shall be distributed accordingly to seniority, providing the employee has the skills and ability to perform the work that is required within the department. The senior employee shall have the right to refuse such overtime, providing there is a replacement with the required skills. Should all eligible employees refuse to work overtime; the Employer will assign the overtime in reverse order of seniority to employees who are capable of performing the work. Management or their designate, prior to the commencement of the assignment, must authorize all overtime. There will be no pyramiding of overtime. 5: 11 SUNDAY PREMIUM - All employees who work on Sunday shall receive, in addition to their straight time hourly rate, a premium of one dollar ($1.00) per hour, for each hour worked Sunday. ARTICLE 6:00 - CLASSIFICATIONS AND RATES OF PAY 6:01 Notwithstanding the exceptions listed below, if a full-time employee works in a classification paying a lesser rate of pay than their normal classification, their rate shall not be reduced until after a period of fifty-six (56) calendar days. Notwithstanding the exceptions listed below, if a part-time employee works in a job paying a lesser rate of pay than their normal classification, their rate shall not be reduced until after a period of seven (7) calendar days. The following are exceptions to the foregoing two (2) paragraphs: 1. If an employee accepts a posting to a lower classification, the employee will be paid the start rate plus credited with documented experience hours in that classification. 2. Employees bumping onto the Spice Line will be paid the Machine Operator rate of pay, or the rate for the job performed, whichever is higher, for all hours worked on the Spice Line. 4

8 3. Employees bumping onto the Hamper Line will be paid the General Plant rate of pay for all hours worked on the Hamper Line. 4. Bumping shall be defined as an employee choosing to exercise their seniority in the event of a layoff. 6:02 If an employee works in a job paying a higher rate of pay than their normal classification, the employee shall receive the rate of pay applicable to that job for all time so employed, rounded to the nearest hour. Relief work will not be used to establish a new rate for employees. Employees will have their rate returned to the rate of their normal classification upon completing the relief work. ARTICLE 7:00 - ANNUAL VACATIONS A "year of service" for the purpose of paid vacation for a full-time employee shall mean sixteen hundred (1600) hours of actual work with the Employer within a calendar year. 7:01 Each employee, when completing one (1) year's continuous full-time service with the Employer shall be entitled to two (2) weeks' vacation with pay. 7:02 Employees (other than regular full-time) shall be entitled to four percent (4%) of his or her gross pay for vacation pay dating either from the date of employment or last vacation period, whichever is applicable. 7:03 Each employee, when completing three (3) continuous full-time years of service with the Employer, shall be entitled to three (3) weeks' vacation with pay. Upon lay-off or termination, an employee qualifying for three (3) weeks' vacation as stated above, shall be paid six percent (6%) of their gross pay from the date their annual vacation pay was last calculated. 7:04 Each employee, when completing eight (8) years of full-time consecutive years of service with the Employer shall be entitled to four (4) weeks' vacation with pay. Upon lay-off or termination, an employee qualifying for four (4) weeks' vacation as stated above, shall be paid eight percent (8%) of their gross pay from the date their annual vacation pay was last calculated. 7:05 Each employee, when completing fourteen (14) years of full-time consecutive years of service with the Employer shall be entitled to five (5) weeks' vacation with pay. Upon lay-off or termination, an employee qualifying for five (5) weeks' vacation as stated above, shall be paid ten percent (10%) of their gross pay from the date their annual vacation pay was last calculated. 5

9 7:06 Each employee, when completing twenty (20) years of full-time consecutive years of service with the Employer shall be entitled to six (6) weeks' vacation with pay. Upon lay-off or termination, an employee qualifying for six (6) weeks' vacation as stated above, shall be paid twelve percent (12%) of their gross pay from the date their annual vacation pay was last calculated. 7:07 Each employee, when completing twenty-five (25) years of full-time consecutive years of service with the Employer shall be entitled to seven (7) weeks' vacation with pay. Upon lay-off or termination, an employee qualifying for seven (7) weeks' vacation as stated above, shall be paid fourteen percent (14%) of their gross pay from the date their annual vacation pay was last calculated. 7:08 All full-time employees hired after September 23rd, 2006 will accrue vacation entitlement based on consecutive full years of service as follows: After one year full-time After five years full-time After ten years full-time After eighteen years full-time two weeks vacation with pay three weeks vacation with pay four weeks vacation with pay five weeks vacation with pay 7:09 Full-time employees shall have the opportunity to schedule their vacations during the period January 1 st through December 31 st. Each full-time employee shall choose their vacation in accordance with their seniority provided a replacement is available who can meet the requirements of the job to be filled. The employee and management shall endeavour to arrange the vacation schedule to the convenience of both the employee and the Employer, however, should a disagreement occur, the Employer shall schedule the vacation for the employee. By mutual agreement of the Employer and the employee, their vacation shall be scheduled to commence after the conclusion of their Friday shift. Further, their first scheduled shift back at work will commence on Monday. There will be no 'make work" projects as a result of this practice and it is recognized that employees may lose hours as a result. Further, this practice may result in shift changes for other employees. 7: 1 0 A full-time employee who fails to complete a "year of service" in the current vacation year will be allowed to take any full-time vacation benefit earned in the previous year. A full-time employee who has been reduced to part-time status shall not accrue additional full-time vacation credits and entitlement until the employee has once again completed a "year of service". Furthermore a full-time employee who has been reduced to part-time status shall be paid vacation pay in the amount of four percent (4%) of the total salary and wages earned by the employee for which no vacation allowance has been paid. However, a full-time 6

10 employee who has maintained continuous seniority with the Employer but has had their period of full-time employment interrupted by a period of part-time employment shall, upon resumption of full-time status, be credited with any previously earned vacation entitlement. 7: 11 Seasonal employees shall receive their vacation pay by the last week of February, or in the case of termination, within two (2) weeks of their termination date. Notwithstanding the foregoing, the Employer may elect to pay vacation pay to seasonal and part-time employees on a weekly basis. 7:12 Effective thirty (30) days from March 18, 2012 the Employer will implement vacation pay by regular weekly deposit for all full time employees. ARTICLE 8:00 - STATUTORY HOLIDAYS 8:01 Except for certified illness, full-time employees who have worked two hundred and forty (240) hours in the preceding twelve (12) months prior to the holiday and who have worked their scheduled work day before and after the holiday shall be entitled to the following statutory holidays with pay: New Year's Day Good Friday Victoria Day Canada Day August Civic Holiday Family Day Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day and all general holidays proclaimed to be a Statutory Holiday by either the Provincial or Federal Governments. Should the Provincial Government enact legislation that repeals Family Day, that general holiday will be deleted from the Collective Agreement. Employees, in order to receive entitlement to a Statutory Holiday with pay, must have worked during the pay period including the Statutory Holiday. Subject to the foregoing, if a holiday falls during an employee's period of lay-off they shall not be entitled to Statutory Holiday pay. Statutory Pay for seasonal employees and part-time employees will be calculated based on their average weekly hours worked in the previous four (4) weeks as follows: 8 hours pay for 32 or more hours worked 6 hours pay for hours worked 4 hours pay for hours worked 7

11 If a statutory holiday falls during an employee's vacation period, the employee may request the day off in lieu of the statutory holiday to be scheduled within thirty (30) days of their return to work from vacation. The date for the day in lieu will be scheduled by mutual agreement between the Employer and the employee. At the Employer's discretion, or if a mutually agreed date cannot be determined, the employee will be paid out for the day in lieu of the statutory holiday within thirty days of their return to work from vacation. ARTICLE 9:00 - SENIORITY Employees shall be defined as follows: Full-Time Employees - A full-time employee is one who normally works for the Employer on all working days the Employer operates, excepting the employee's annual vacation. For the purpose of this Clause and Agreement a full-time employee will maintain fulltime status if the employee completes sixteen hundred (1600) hours of actual work in each calendar year. A part-time employee will achieve full-time status when the employee completes sixteen hundred (1600) hours of actual work in a calendar year. For the purpose of defining the sixteen hundred (1600) hours in the above paragraph, the sixteen hundred (1600) hours will include the following approved leaves of absence: Paid full-time vacation Absence while on Workers' Compensation Paid Sick Leave and Weekly Indemnity Claims Paid Statutory Holidays Educational Bereavement Maternity Should a full-time employee fail to complete sixteen hundred (1600) hours of actual work in any calendar year then the employee shall be placed on the part-time seniority list at the start of the next year. A full-time employee who becomes part-time shall be placed on the top of the part-time seniority list in order of their full-time seniority date. Part-Time Employees - A part-time employee is one who has completed the probationary period as set out in Clause 9:05 and is subsequently placed on the parttime seniority list. A seasonal employee who works in excess of one thousand, four hundred and forty (1440) hours in a calendar year will be placed on the part-time seniority list at the start of the next calendar year. Seasonal Employees - A seasonal employee is one who has not been credited with seniority. 8

12 9:01 Seniority shall be based on the length of service an employee has been on the payroll. The Employer will post a seniority list for regular full and part-time employees. The seniority lists shall be posted on the bulletin boards showing each employee's seniority. The seniority lists shall be prepared and posted every three (3) months of each year. It is understood that the Union will be provided with a copy of the seniority list when it is updated. 9:02 Seniority shall prevail in all vacancies, promotions and relief assignments within the bargaining unit with senior employees having first choice providing they are capable of performing the duties of the vacancy or promotion, and providing the merit, skill and ability are relatively equal. The vacancies and relief assignments must be posted on the bulletin board for a minimum of seven (7) days and will apply to the following classifications: Engineers, Electricians, Welders, Aseptic Mechanics, Field Mechanics, Aseptic Filler/Batch Operators, Quality Control, Micro Lab Technicians, Shipper/Receivers, Spice Line Operators, Machine Operators, Janitors Applicants will be notified as to who was awarded the posting. 9:03 During layoff, seniority shall prevail, with the junior employee being laid off first providing the senior employee has the necessary qualifications and ability to perform the work. 9:04 The Employer shall rehire on the seniority basis, employees laid off providing the employee is qualified to fill the job available. The employees shall notify the Employer of their address while laid off if they wish to be rehired. 9:05 A probationary period of one thousand, four hundred and forty (1440) hours, shall apply in the case of each new employee when seniority shall not apply, and the Employer may layoff such employees without reference to seniority, and shall not be obligated to rehire such an employee. The Employer shall have the right to terminate the services of a probationer; such termination shall not be subject to the Grievance Arbitration procedures of this Agreement. When a student returns to school, they shall forfeit their seniority. 9:06 The seniority of an employee will be considered broken, all rights forfeited, and the Employer is under no obligation to rehire, when an employee: 1) Voluntarily leaves the services of the Employer or is discharged for just cause; 2) Fails after five (5) days' notice to return to work when recalled after date of notice by the Employer consisting of addressing a letter to the individual of their last known address, and furnishing a copy thereof to the Union office or a personal phone call; 9

13 3) Has been out of the employment of the Employer for a period of nine (9) months or longer. Where an employee that had established seniority during the prior year and was not rehired due to illness or due to lack of work, the employee would have the nine (9) month period extended to twelve (12) months. ARTICLE 10:00 - MANAGEMENT RIGHTS 10:01 Subject to the terms of this Agreement, the Union agrees that the Management of the Employer and the direction of the work force including the right to plan, direct and control plant and warehouse operations, to maintain the discipline and efficiency of the employees and to require employees to observe Employer rules and regulations, to hire, layoff, suspend, promote, demote, or discharge employees for just cause, are the sole rights and function of the Employer. 10:02 The parties agree that the foregoing enumeration of Management rights are not intended to restrict or limit the rights of Management. 10:03 The exercise of the foregoing rights shall not alter any of the specific provisions of this Agreement, nor shall they be used to discriminate against any member of the Union. 10:04 It is the sole right and function of the Employer to designate and change the hours of operation of the field, plant, and warehouse and the hours of work schedule of each employee. ARTICLE 11 :00 - GRIEVANCE PROCEDURE 11 :01 Any complaint, disagreement or difference of opinion between the Employer, the Union, or the employees covered by this Agreement, which concerns the interpretation or application of the terms and provisions of this Agreement shall be considered a grievance. 11 :02 An employee, the Union, or the Employer may present a grievance. A grievance which is not presented within thirty (30) days following the event giving rise to such grievance shall be forfeited and waived by the aggrieved party. 11 :03 All grievances shall be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved parties. 11 :04 The normal procedure for adjustment of grievances shall be as follows: 1. By a discussion between the employee and their immediate supervisor. If a satisfactory settlement cannot be reached, then... 10

14 2. The immediate supervisor shall report to the next in line of authority and if agreement is not subsequently reached with further discussions between him or herself, the employee and the Job Steward, then The Union Representative or Representatives may take the matter up with the Employer official designated by the Employer to handle Labour Relations matters. If a satisfactory settlement cannot be reached, the matter may then be referred to the Board of Arbitration as established by Clause 12:01, or by mutual agreement, to a single Arbitrator. In addition, by mutual agreement, the matter may be submitted to Mediation in an attempt to resolve the grievance. ARTICLE 12:00 - BOARD OF ARBITRATION 12:01 If the Union and the Employer Labour Representative cannot reach an adjustment, upon request of either party, the grievance shall be submitted to a Board of Arbitration composed of three (3) members, or by mutual agreement, a single Arbitrator. If a Board of Arbitration is to be used, the Employer and the Union shall each select one (1) member, and the third (3 rd ) member shall be selected by mutual agreement of the two (2) members first selected. The third (3 rd ) member shall be impartial and possess knowledge of Labour Management relations. The third (3 rd ) member shall act as the Chairman of the Board. If an agreement cannot be reached within seven (7) days in respect to the appointment of the Chairman of the Board of Arbitration, or a single Arbitrator, the matter shall be referred to the Minister of Labour who shall appoint a Chairman. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration or a Single Arbitrator. 12:02 The Board of Arbitration, or single Arbitrator, shall receive and consider such material evidence and contentions as the parties may offer, and shall make such independent investigations as it deems essential to a full understanding and determination of the issues involved. In reaching its decision, the Arbitration Board, or single Arbitrator, shall be governed by the provisions of this Agreement. 12:03 The Board of Arbitration, or single Arbitrator, shall not be vested with the power to change, modify, or alter any of the terms of this Agreement. All grievances shall present an arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party which is contrary to any provision of the Agreement, or which involves the determination of a subject matter not covered by or arising during the term of this Agreement. 12:04 It is the intention of the parties that this Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good 11

15 faith in proceeding to adjust grievances in accordance with the provisions of this Article. 12:05 The expense of the Chairman, or a single Arbitrator, shall be borne equally by the parties to the Arbitration. ARTICLE 13:00 - UNION RIGHTS 13:01 The authorized Business Agent or Representative of the Union shall be permitted to visit employees regarding Union business during working hours, after notifying the Manager or person in charge of the operation in their absence, and no interview shall be more than five (5) minutes, nor shall it interrupt the operation. 13:02 The Union shall have the right to post notices at the designated places on the job. All such notices must be signed by the proper officer of the Local Union and submitted to the Manager, or in their absence the person in charge, for their approval. 13:03 The Union may appoint Job Stewards in such numbers as it deems necessary for proper representation. A Job Steward shall be treated impartially and fairly and the same as all other employees covered by the Agreement. A Job Steward may institute grievance procedure on their own behalf for alleged violation. Where the Employer holds a meeting with an employee to present a discipline or discharge notice, the employee shall have the right to request a Job Steward be present. The intent of this Clause is not to restrict the Employers ability to investigate misconduct when it occurs or suspend employees pending investigations. Prior to the meeting the Job Steward and the employee will be advised as to the nature of the meeting. It is understood that where possible the meetings will be held while both the employee and Job Steward are on shift. ARTICLE 14:00 - UNION MEETINGS 14:01 The Union agrees that it will not call any meetings of its members who are employees of the Employer during any hours which will interfere with the operations of the Employer. ARTICLE 15:00 - STRIKES AND LOCKOUTS 15:01 It is agreed that there will be no stoppage of work or lockouts, by reason of a dispute between the Employer and the Union during the term of this Agreement. 12

16 ARTICLE 16:00 - CAUSE FOR DISMISSAL 16:01 The Employer shall have the right to discharge any employee for just cause. 16:02 The Employer, or any official of the Employer, shall not discharge nor discriminate against members of the Union for lawful activity in the Union. Neither party shall use either abusive language or conduct to each other. 16:03 The Job Steward shall be notified of the reason for dismissal of any employee on the same day. ARTICLE 17:00 - LEAVE OF ABSENCE 17:01 The Employer agrees to grant the necessary time off without pay (up to two (2) weeks) to one (1) employee designated by the Union to attend a Labour Convention and up to three (3) months to serve in any capacity on any official Union business; provided that notification is given to the Employer in sufficient time to secure a relief employee for the job involved. A full-time employee who fails to complete sixteen hundred (1600) hours of actual work in a calendar year because they were on an approved leave of absence shall be considered a fulltime employee for the purpose of scheduling hours of work only. 17:02 Personal and Compassionate Leaves of up to three (3) months will be handled on an individual basis, and granted solely at the discretion of the Employer. Applications for Leaves must be made in writing to the Plant Manager with a copy to the Director of Human Resources. Seniority will continue to accrue while on an approved Personal and Compassionate Leave Leave for Parents Maternity Leave Employees shall request a leave of absence without pay up to a maximum of fifteen (15) weeks because of pregnancy. Such request will be granted, provided the employee submits to her Employer, a request in writing for such leave at least two (2) weeks prior to the date she intends to commence such leave, together with a certificate from a qualified medical practitioner, certifying that she is pregnant and indicating the estimated time of confinement. Such leave may at her discretion commence twelve (12) weeks or more (depending on medical requirements) prior to confinement and the period, if any, between the date of confinement mentioned in the certificate and the actual date. Employees will continue to accrue seniority while on maternity leave. Employees will have the option of maintaining their coverage under the Employer benefit plan by pre-paying the cost of those benefits prior to commencing such leave. 13

17 Where a pregnant employee, who has qualified for group benefits, is disabled and cannot perform her regular duties, she may apply for sick benefits/group insurance benefits as per the Collective Agreement. The employee, when returning to work, shall give the Employer two (2) weeks notice of date of return and submit a certificate from her doctor, indicating that her resumption of employment will not, in their opinion, endanger her health. Employees, who have Employer benefits when they commence maternity leave, will have those benefits reinstated upon return to work after their maternity leave. The employee shall be returned to her former position at the completion of her leave of absence. Parental! Adoption Leave An employee may request a leave of absence without pay for Adoption or Parental Leave for the care and custody of a newborn child or an adoptive child under the law of the province to a maximum of thirty-seven (37) weeks. Such leave of absence shall be granted provided the employee requests the leave in writing at least two (2) weeks before the date specified in the application as the date the employee intends to commence the leave. The leave will be taken during the first fifty-two (52) weeks after the birth of the child or, in the case of adoption, after the child comes into the custody of the employee. The employee shall continue to accrue seniority while on such leave. Employees will have the option of maintaining their coverage under the Employer benefit plan by pre-paying the cost of those benefits prior to commencing such leave. The employee, when returning to work, shall give the Employer two (2) weeks notice of return to work. Employees, who have Employer benefits when they commence such leave, will have those benefits reinstated upon return to work from such leave. The employee shall be returned to their former position at the completion of their leave of absence. ARTICLE 18:00 - SICK LEAVE BENEFITS 18:01 Regular full-time employees and employees who completed sixteen hundred (1600) hours of work in the preceding year shall be eligible after completing a three (3) month full-time employment eligibility period, to accumulate sick leave at the rate of four (4) hours per month of employment up to a maximum of two 14

18 hundred and forty (240) hours' credit. Credit shall accumulate only on full-time employment following the completion of the above eligibility period. The Employer shall apply any accumulated sick leave to absences due to sickness or non-compensable accident not covered by insured Weekly Indemnity Benefits (or similar benefits) and shall supplement Weekly Indemnity Benefits (or similar benefits) but not to exceed the employee's normal earnings. Employees, if found abusing this privilege, shall be disciplined by the Employer, up to and including termination. ARTICLE 19:00 - FUNERAL LEAVE 19:01 In the event of death in the immediate family of an employee on the seniority list, the employee will be granted leave of absence with pay. The length of such absence with pay shall be at the discretion of the Employer for scheduled days of work missed by the employee. The term "immediate family" shall mean spouse, parent, child, brother, sister, mother-in-law, father-in-law, sister-in-law, brother-inlaw, grandmother or grandfather on both sides, grandchild, aunts or uncles or any relative living in the household of the employee. In the case of death of spouse, parent, child, mother-in-law, father-in-law, the employee shall be entitled to a minimum of three (3) days with pay. Common law and same sex marriages are to be recognized by the Employer for the provisions of this Article. ARTICLE 20:00 - MEDICAL BENEFIT 20:01 FULL-TIME BENEFITS The Employer agrees to provide a Vision Care Plan to eligible employees which provides reimbursement up to one hundred fifty dollars ($150.00) per person per twenty-four (24) months, in connection with the purchase, repair of prescription lens and/or frames, with the additional provision that the aforementioned maximum benefit is annual where the claimant is the employee's child under age fourteen (14) and there is a change in the prescribed lens. Covered employees who wish to maintain their medical benefits during periods of layoff must prepay their full premiums or such coverage will be terminated. Eligible full-time employees will receive dental benefits provided by the Employer Plan. Effective December 15, 1991 the Employer will pay one hundred (100%) percent of the Group Insurance and Weekly Indemnity premiums. 15

19 LONG TERM DISABILITY INSURANCE Effective July 1, 1988, the Employer shall implement a Long Term Disability Plan for those employees regularly working full-time. The cost of the Plan shall be borne by the Employer. The benefit period commences on the first day immediately following the exhaustion of Weekly Indemnity and Employment Insurance Benefits. Benefits are payable to the earliest of: attainment of age sixty-five (65), death, recovery or attainment of that age at which the employee may retire from any private pension plan to which the Employer contributes on an unreduced pension or the equivalent of an unreduced pension through a supplemental payment. The total disability income is equal to fifty percent (50%) of base weekly earnings at the date of disability, up to a maximum of one thousand four hundred dollars ($1,400.00) per month. For all new and originating claims this amount shall increase to one thousand five hundred ($ ) dollars per month effective the 18 th day of March, The total disability income is inclusive of any disability payments, including lumpsum payments from Government sponsored plans. Government sponsored plans include Workers Compensation, Canada Pension Plan, Quebec Pension Plan or any other group disability plan or income replacement program, the cost of which the Employer is or may be required to contribute by law or Collective Agreement. The amount of any payment received from the Canada Pension Plan or the Quebec Pension Plan is to be frozen at the commencement of disability so that subsequent increases in Canada Pension Plan/Quebec Pension Plan will not further reduce benefit payments under the Long Term Disability Income Plan. It is understood and agreed that all matters of eligibility coverage and benefits shall be as set out in the Plan and as determined by the carrier. It is further agreed that this Plan will only insure against those disabilities that occur after July 1,

20 20:02 PART-TIME EMPLOYEES' BENEFITS A part-time employee, who works an average of thirty-two (32) hours per week for thirteen (13) consecutive weeks, will be eligible for the following benefit coverage: (a) (b) Group Life Insurance and Weekly Indemnity Benefits; Life Insurance in the amount of five thousand dollars ($5,000) Major medical A part-time employee, who continues to work but fails to maintain an average of thirty-two (32) hours worked per week for thirteen (13) consecutive weeks, will cease to be eligible for the foregoing benefits. ARTICLE 21 :00 - MUTUAL INTEREST 21 :01 The Union and its members agree to further the interests of the Employer at all times to the limit of their ability. 21 :02 Neither party will be asked by the other to make any written or verbal Agreement which contradicts any of the terms of this Agreement. 21 :03 Supervisory Management staff shall not work at the position of an employee covered by this Agreement so as to displace such an employee. 21 :04 The Employer will make coveralls available for those employees required by the Employer to wear coveralls. 21 :05 Employees requiring tools to perform their duties and who have fulfilled a probationary period of six (6) months of continuous employment and whose tools have been duly inventoried as to make and type, will be entitled to replacement of such tools if lost or broken while performing their duties. However, the Employer reserves the right to ensure the genuineness of such loss or breakage before replacement is made. All replacement shall be made in accordance with the documented inventory as to make and type. 21 :06 The Employer will supply gloves for employees as required by the job on the following basis: the Employer will supply the first pair and the employee is required to turn in the worn pair when requesting a replacement. 21 :07 Metric tools will be provided according to government guidelines. 21 :08 Designated Smoking Areas - There shall be no smoking anywhere on the premises other than in areas designated by the Employer as smoking areas. 17

21 ARTICLE 22:00 - SEVERANCE PAY - PLANT CLOSURE In the event that there is a permanent plant closure, causing a regular full-time employee with one (1) or more year's service to lose their employment, the Employer agrees to pay such an employee one (1) weeks' severance pay for each year of continuous, full-time service, to a maximum of fifteen (15) weeks' pay. This Article does not apply to a temporary layoff, full-time employee who accepts other employment with the Employer outside the jurisdiction of this Agreement, or to regular full-time employees who lose their employment and are re-instated within thirty (30) days to full-time status. The weeks of severance pay plus earned vacation will not exceed the number of weeks remaining to the employee's normal retirement date. In order to qualify for severance pay, the employee shall continue to work in a satisfactory manner as long as required. ARTICLE 23:00 - RENEWAL AMENDMENTS 23:01 This Agreement shall be in full force and effect as of January 1 s t, 2012 and continue in full force and effect through the December 2ih, 2014 and from year to year thereafter, except as hereinafter provided. But either party may, not less than sixty (60) days nor more than one hundred and twenty (120) days before the expiry date or renewal of such Agreement, give notice, in writing, to the other party to (a) terminate such Agreement, or (b) to negotiate revision thereof. 23:02 Should either Party give notice to (a) or (b) above, this Agreement shall thereafter continue in full force and effect and neither Party shall make any change in the terms of this said Agreement or increase or decrease the rate of pay of any employee for whom collective bargaining is being conducted or alter any other term or condition of employment until: (i) (ii) the Union serves notice of strike in accordance with the Alberta Labour Relations Code, 1995, as amended; or the Employer serves notice of lockout in accordance with the Alberta Labour Relations Code, 1995, as amended. 18

22 SIGNED at Calgary, Alberta, this 1. ~ --\ ~ A ( day of _-1/'--"-+-P... {...:..'---'--, FOR THE EMPLOYER: LUCERNE FOODS LTD. Taber Processing Plant FOR THE UNION: INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 955 Bruce Moffatt UNION NEGOTIATION COMMITTEE: Bruce Kosmack John Gregus Jr. Rhonda Colby 19

23 LUCERNE FOODS LTD. APPENDIX "A" CLASSIFICATIONS AND WAGE RATES Engineer - 3 rd Class(as designated by Management) $25.90 $26.70 $27.50 Engineer - 4th Class $24.03 $24.73 $25.43 Electrician (AB or Interprovincial ticket) $26.70 $27.50 $28.30 Designated Welder (AB or Interprovincial ticket) $25.80 $26.50 $27.20 Aseptic Mechanic - Millwright Ticket (AB or Interprovincial ticket) $25.70 $26.30 $26.90 Aseptic Mechanic - without Millwright Ticket Field Mechanic (AB or Interprovincial ticket) Field Mechanic (without Ticket) Aseptic Filler/Batch Operator *Start After 720 Hours After 1440 Hours After 2080 Hours $23.68 $24.18 $25.90 $26.70 $23.68 $24.18 $17.57 $18.02 $18.51 $18.96 $18.80 $19.25 $21.88 $22.33 $24.68 $27.50 $24.68 $18.47 $19.41 $19.70 $

24 Classification Jan 1/12 Jan 6/13 Jan 5/ Quality Control *Start $17.16 $17.61 $18.06 After 720 Hours $18.20 $18.65 $19.10 After 1440 Hours $20.38 $20.83 $21.28 Micro Lab Technician $20.63 $21.08 $21.53 Shipper/Receiver $20.65 $21.10 $21.55 Spice Line Operator $19.42 $19.87 $20.32 Machine Operator $18.77 $19.22 $19.67 Janitor $17.67 $18.12 $18.57 General Plant *Start $13.00 $13.35 $13.70 After 500 Hours $13.50 $13.85 $14.20 After 1000 Hours $14.00 $14.35 $14.70 After 1500 Hours $14.50 $14.85 $15.20 After 2000 Hours $15.05 $15.40 $15.75 Off Scale - Any General Plant employee who is top rated or above will receive $0.45 increases for each date that an increase is in effect for the contract. Retroactive Pay The Employer agrees to pay retroactivity to all employees on the payroll of the Employer on the date of ratification as follows; the corresponding first year cents per hour wage increase on all hours paid for the period of time from the expiry of the old Agreement until the Saturday prior to the implementation of the new wage scales. The words "on the payroll of the Employer" shall include all employees who are currently on vacation, authorized leave of absence, sick leave, injury leave, STD, LTD, WCB, maternity and/or parental leaves. * Start rates will apply to those who have never been employed by Lucerne Foods Ltd. before. Notwithstanding the above, existing employees that post into the Quality Control or Aseptic Filler/Batch Operator positions will go to the start rate or maintain their current wage rate whichever is greater, until the hours worked in the classification qualify them for the next higher rate in said classifications. 21

25 Seasonal employees working in a classification other than general plant will be paid a relief rate equal to the start rate of that classification for all hours worked in that classification. Their rate will return to the seasonal rates listed above immediately upon returning to the General Plant Classification. Lead Hand Premium will be one dollar ($1.00) per hour for all hours worked as a Lead Hand as designated by the Employer. 22

26 LETTER OF UNDERSTANDING #1 BETWEEN: Lucerne Foods Ltd., Taber Processing Plant and International Union of Operating Engineers Local Union No. 955 SEASONAL FIELD EMPLOYEES It is understood by the parties that Seasonal Field Employees hired by Lucerne Foods (Lethbridge Processing Plant), a division of Canada Safeway Ltd., at the Lethbridge Plant, will not be part of the Taber Processing Plant Bargaining Unit. SIGNED at Calgary, Alberta, this 'J. tj 't'h.. day of _... A:-f.f---,f'-,,-,' 1, 2012 FOR THE EMPLOYER: LUCERNE FOODS LTD. Taber Processing Plant FOR THE UNION: INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO

27 LETTER OF UNDERSTANDING #2 BETWEEN: Lucerne Foods Ltd., Taber Processing Plant and International Union of Operating Engineers Local Union No. 955 PHONE CALLS An employee who is phoned and required to report for work, shall be paid the greater of: (a) four (4) hours pay at the straight time rate, OR (b) the actual hours worked (not including time spent report-in for work) at the applicable rate for the accumulation of all call-back hours. "-T~ SIGNED at Calgary, Alberta, this 'J.lj FOR THE EMPLOYER: LUCERNE FOODS LTD. Taber Processing Plant day of A i~tt-l-p...!.r--...:...:... FOR THE UNION: t/ INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 955,

28 LETTER OF UNDERSTANDING #3 BETWEEN: Lucerne Foods Ltd., Taber Processing Plant and International Union of Operating Engineers Local Union No. 955 SINGLE DAYS OF VACATION Effective thirty (30) days from March 18, 2012, the Employer will allow full time employees with five (5) years or more full time service to use one (1) week of their vacation entitlement in single day increments. All requests for single day increments must be provided to the Plant Superintendent at least ten (10) days in advance and will be approved at the Employer's sole discretion but will not be unreasonably denied. This notice period can be waived by the Employer at its discretion. Any individual days of vacation must be scheduled and taken by December 1 st of each year. This Agreement will be on a trial basis for the life of the current Collective Agreement. SIGNED at Calgary, Alberta, this 1,'1 tl day of --+A...:...f-P...:...f...!-j -,-l, 2012 FOR THE EMPLOYER: LUCERNE FOODS LTD. Taber Processing Plant FOR THE UNION: INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO