10.01 - ELECTION DAY

If by reason of an election day ordinance, the Company is prevented from making deliveries in any area, the Company shall have the right to re- assign affected employees provided such re-assignment shall not displace other employees, and in the event no re-assignment is made, shall pay such employees at the straight-time rate of pay for the hours of lay off resulting.

10.02 - JURY DUTY

When an employee is required to serve on a regular or coroner's jury during his normal working hours, he shall be granted leave of absence and shall receive the difference between his straight-time rate of pay (for hours necessarily absent and during which he would otherwise have been working) and the amount received for such jury duty.

10.03 - BEREAVEMENT PAY

When an employee attends the funeral or memorial service of an immediate relative he shall receive leave of absence for not less than three [3] consecutive days (one of which days shall be the day of the funeral or memorial service) and shall receive one day's pay at straight- time rates for each of such days absent on which he would otherwise have been working. "Immediate relative" shall mean: Wife, Husband, Life Partner, Daughter, Son, Mother, Father, Sister, Brother, Mother-In-Law, Father-In-Law, Son-In-Law, Daughter-In-Law, Grandparents and Grandchildren.

10.04 - JOB TRAINING

Before selecting employees for training on other jobs, the Company will post the training job for a period of three [3] working days. With qualifications for the training job being given full primary consideration, employees having the greater seniority will be given preference. Notwithstanding the foregoing, the Company may temporarily assign any employee to any job.

10.05       Employees will be eligible for refund of tuition costs (including prescribed textbooks) of education courses provided that:

1. The course is given by a recognized school and is approved by the Manager as a contribution to the development of the employee;
   
   
2. The course is likely to contribute to the employee's performance or advancement within the Company;
   
   
3. The employee offers proof of successful completion of the course;
   
   
4. The maximum refund to any employee in any one [1] calendar year will be $200 for any full term course and $100 for any half-term course.
   
   

10.06       Where the Management requires an employee to undergo a driver training course to acquire, upgrade or maintain an existing license, the Company will provide 100% of the cost of the employee's tuition and wages. Wages will be at his regular straight time rate and where the employee would have been regularly scheduled for work, up to a maximum of two [2] weeks. Where necessary, room and board will be reimbursed up to a maximum of $100.00 per day for a maximum of ten days. If the training for their driver's license was paid for by the Company, the employee shall be required to hold the driver job for no less than twelve [12] months. The employee shall be required to reimburse the Company 100% of the cost of tuition and wages paid for by the Company to acquire their driver's license if the employee voluntarily or involuntarily leaves the driver job before the completion of twelve [12] months.

10.07       Where the nature of the course would entitle the employee to assistance from Canada Manpower, the Company will make application and give the employee the amount of such financial assistance available up to an amount where the total assistance to the employee would be equal to his regular wages, tuition and board and room cost for duration of the course.

10.08       Whenever it becomes necessary for an employee to undertake tests for renewal of licenses or tickets, the Company shall upon request provide appropriate equipment for this purpose. Time taken off for such purposes shall be paid at the employee's regular rate.

10.09       Employees shall be reimbursed for all required medical examination costs associated with Class 1 or Class3 licenses.

10.10 - SAFETY AND HEALTH

1. It shall be the objective of the Safety and Health Program to eliminate accidents and health hazards. The Company shall provide, wherever possible, a place free of recognized physical and health hazards and shall comply with the WCB Act and Accident Prevention Regulations.
   
   
2. Equipment Certification/Training - Forklift and Powerwalker operators will be certified in-house. The in-house certification/training will be delivered by certified Local 300 Instructors.
   
   The Instructors' selection process will be achieved in accordance with the posting procedures outlined in Article 3.08 - 3.14. The posting will be filled on the basis of seniority being the primary consideration, provided the employee has the merit and ability. Those applicants who successfully complete the Instructors certification program, shall be required to hold the posted position for no less than the term of the Collective Agreement following the successful completion of the program unless by mutual agreement between the Company and the Union.

10.11       Each employee undertakes to wear the protective equipment made available by the Company and to adhere to the Accident Prevention rules and regulations.

10.12       A Joint Safety and Health Committee shall be established, the number to be agreed upon locally. There shall be equal representation of both parties. Union members of the Committee shall be elected two [2] years by the Union members in the plant. Selection of more than one [1] employee from a department is subject to the approval of Management. This Committee will act in an advisory capacity and to the extent practical; it will be guided by the principles of the seven point program given below.

1. Each medical aid and lost time accident will be investigated immediately by the designated investigation team with a view to determining the fundamental causes.
   
   
2. Develop and publish data to indicate accident sources and accident frequency rates.
   
   
3. Inspect the plant to detect hazardous physical conditions or unsafe work methods periodically.
   
   
4. Recommend changes or additions to protective equipment or devices for the elimination of hazards.
   
   
5. Promote accident prevention and first-aid training for Committee members and employees.
   
   
6. Recommend and participate in promoting and advertising safety and in selling the safety program to the workers through department meetings.
   
   
7. Conduct monthly accident prevention meetings during normal working hours with the sole purpose to discuss accident prevention and to recommend suitable corrective measures. Employees who attend these meetings during their regularly scheduled working hours shall not lose pay.

10.13       All protective equipment shall be supplied free of cost with two exceptions listed below where the costs will be shared:

Safety Shoes

1. Upon the presentation of appropriate receipts for the purchase of safety shoes or boots, the Company will reimburse the regular employee up to a maximum of $150.00 in any calendar year. Effective April 21, 2010 this maximum amount will be increased to $175.00 in any calendar year.
   
   
2. An allowance of $225.00 will be allowed for casual employees, upon completion of their probationary period, towards the purchase of safety shoes and/or uniforms in any calendar year.
   
   

10.14 - CLOTHING ALLOWANCE

The Company will provide all full-time employees with uniforms, but employees must wear uniforms when supplied.

10.15       The cost of buying or leasing and cleaning of uniforms will be borne by the Company, with the exception of shirts which will be purchased by the Company in a wash-and-wear fabric. Employees will be responsible for the laundering of shirts.

10.16       It is understood that regular benefit status employees will be provided with uniforms equivalent to a maximum of $225.00 per annum. Effective April 21, 2008, rain jackets or winter jackets will be provided to all full-time employees every two [2] years.

10.17       Replacement cost of uniforms or parts thereof lost or damaged through employee negligence, shall be borne by the employee concerned.

10.18 - LICENSEE DELIVERIES (SEE LETTER OF UNDERSTANDING NO.2)

Deliveries shall be performed either by one [1] man, or by two [2] men as determined under Letter of Understanding #2.

10.19 - TRUCK MAINTENANCE

It is to the mutual advantage of both the Company and the employees that all equipment should be in safe operating condition and equipped with the safety appliances as required by law.

10.20       An appropriate form shall be supplied to the driver on which to report defects in equipment, one copy to be retained by the driver and one copy to go to Management.

10.21       The Employer shall not require employees to take out on the streets or highways any vehicle that is not in safe operating condition or not equipped with the safety appliances or stickers prescribed by law.

10.22       Having regard for the safety and driver health factor, all power units shall have adequate heaters, windshield wipers and defrosters installed.

When a driver reports a defect in equipment, and where the defect renders the vehicle inoperable for health and safety reasons, he must tag or mark the vehicle involved in such a manner so that any other employee will notice the equipment is locked out.

It shall be the Employer's responsibility to supply such tags or other lockout devices. This tag to be left on the vehicle until the defect has been repaired and/or inspected and deemed safe to operate by a certified mechanic.

The Company agrees to maintain a vehicle status board where employees are able to obtain information regarding fleet equipment.

A fleet lockout procedure will be documented, and will be communicated on a yearly basis or as required.

10.23       Employees who do service work to equipment will be paid their current rate for all such work. However, no employee will be required to do mechanical work for which he is not qualified or that obviously requires a skilled tradesman.

10.24 - LEAVE OF ABSENCE

Leave of absence without pay may be granted if requested in writing upon reasonable notice, subject to joint approval by the Company and the Union. Such approval will not be withheld unreasonably.

If an unpaid leave of absence exceeds thirty [30] calendar days, the employee shall not accumulate benefits from the thirty-first [31st] day of the unpaid leave to the last day of unpaid leave.

10.25 - PERSONAL LEAVE OF ABSENCE

The Company may grant an unpaid personal leave of absence (PLA) to any benefit service employee for personal reasons provided such leave can be operationally accommodated.

Requests for such personal leave, up to a maximum of ten [10] working days, will be considered. Persons who are absent for such leave shall not be considered to be laid off, and their seniority and pension credits shall continue to accumulate during the absence. A copy of the personal leave of absence shall be given to the plant committee.

10.26 - EDUCATION LEAVE

Effective April 21, 2004, upon written application by the President of the Union, the Company agrees to grant an educational leave of absence, without the loss of regular pay, not to exceed a combined total (between all Cross Dock locations) of fifteen [15] normal working days in any one year, to elected officials of the Union. Such educational leave will be arranged between the Union and the Company so as to minimize the disruption of the Company's operations.

10.27 - MATERNITY AND PARENTAL LEAVE

1. The Company will provide pregnancy and parental leave of absence without pay in accordance with Section 22 and 23 of the Employment Insurance Act and Section 50 and 51 of the Employment Standards Act. Employees must provide the Company with four [4] weeks written notice prior to commencement of the leave. The leave provided under the Employment Insurance Act and the Employment Standards Act shall be taken within 52 weeks after the child's birth or in the case of adoption after the child is placed with the parent.
   
   
2. An employee returning from pregnancy or parental leave shall be reinstated in their former job with the applicable rate of pay.
   
   
3. The employee's seniority date will not be affected by the foregoing.

10.28 - DUPLICATION OF BENEFITS

An employee shall not receive wages or allowances such as holiday pay, vacation pay, Weekly Indemnity, Long Term Disability, Workers' Compensation or other similar benefits so that the employee's net pay for any day or part day exceeds his normal net pay for such period from more than one source.

10.29 - SUSPENSIONS AND RECORDS

Copies of disciplinary write-ups will be promptly given to the employee involved in the action, and the representative of the Local Union. All disciplinary records will be removed from the employee's personnel folder and destroyed after a period of eighteen [18] months, or two [2] years in the case of suspensions, from the date of issuance of such discipline and thereafter shall not be relied upon for any purpose.

10.30 - EMPLOYEE AND FAMILY ASSISTANCE PLAN

The parties agree to maintain the Employee and Family Assistance Plan for the duration of this agreement.

10.31 - JOINT CONSULTATION

On the request of either party, the parties shall meet at least once every two [2] months until this Agreement is terminated, in accordance with Section 53 of the Labour Relations Code, for the purpose of discussing issues relating to the workplace that affect the parties or any employee bound by this Agreement. The purpose of this committee is to promote the co-operative resolution of workplace issues, to respond to and adapt to changes in the economy, to foster development of work related skills, and to promote workplace productivity.