3.01 - Definition
Seniority is defined as the length of an employee's service with the Company, calculated as the elapsed time from the date he was first employed, unless his seniority was broken, in which event such calculation shall be from the date that he returned to work following the break in his seniority.

3.02
Absence due to seasonal layoff, which does not exceed twelve (12) months duration and for which no termination pay was received, shall not be regarded as a break in seniority service. Recurring unavailability of an employee will be discussed by the Plant/Management Committee, and may result in dismissal of the employee.

3.03 - Loss of Seniority
An employee will lose his seniority and cease to be an employee of the Company for any of the following reasons:

(a) Discharge for just cause.

(b) Voluntary resignation of the employee.

(c) Retirement in accordance with the Company's retirement policy.

(d) Failure to return to work within the week from the date of original notice to do so sent to the last address as shown by Company records and Union's records. Copy of such notice to be given to the Union.

(e) Continuous layoff for a period exceeding one calendar year or if the employee takes severance pay.

(f) Notwithstanding (e) above, an employee who was hired after April 1, 1998 and is laid off for thirteen (13) consecutive weeks in their first year of employment with the Company. This provision will not be utilized in such a way that it would be the cause of the layoff of non-seasonal or non-casual employees.

(g) If he accepts gainful employment while on a granted leave of absence without the Company's and the Union's consent in writing.

(h) If he fails to return to work within three (3) working days from any leave of absence, or if he is unable to do so, submit suitable reason to the Company accompanied by written proof, if required.

(i) Employees who are promoted from the bargaining unit into a Company position shall have the right to return to their former job without loss of seniority for up to ninety (90) working days from the date of promotion. After ninety (90) working days, they shall forfeit all seniority rights.

(j) When the following shifts are in operation, employees must make themselves available for potential work assignment during the hours listed below:

Days 6:00 a.m. to 9:00 a.m.

Afternoons 2:00 p.m. to 4:00 p.m.

Graveyards 2:00 p.m. to 4:00 p.m.

An employee contacted during the above hours that refuses assignments on four separate occasions during any six (6) month period will cease to be an employee. Calls outside these hours where the employee is unavailable will not count in the calculation as set out above.

3.04 - Layoff Procedure
The provisions of Article 5.07 hold precedence over the layoff potential herein contained. The employer will attempt to provide as much notice as possible understanding that employees and their families will be impacted by the layoff.

STEP 1
Should it become necessary to reduce the regular working force, all permit card employees must be laid off before any Union member shall be laid off.

STEP 2
If a further reduction of staff is necessary, the departments involved shall be reduced in reverse order of seniority within the department and those displaced from a department shall either be reassigned or laid off as outlined below.

STEP 3
The layoff of employees shall be in accordance with plant seniority with the last employee hired being the first laid off, and so on, providing the more senior employee is willing and able to perform the duties required. For the purpose of this Article able to do the job means having the necessary skills to perform satisfactorily the required duties.

3.05 - Bumping Rights
Employees shall not be allowed to bump or replace an employee in a higher classification due to layoff except where the affected employee has performed successfully at that higher classification at the Company's Westbank facility during the past two (2) years. Where an employee requests to bump from one department to another, he is required to advise the Company and the Union, giving twelve (12) hours notice of intention. Such notice shall be given to the Company during normal office hours of the Company.

Any employee wishing to exercise his bumping rights must be able to perform the job duties of the position.

An employee who previously stepped down from a posted position, as set out in Article 3.10 of this agreement, may not by way of this provision bump into the position he stepped down from. This does not apply in the situation where an employee posts out of a position.

When recalling employees following a complete shut down of operations (e.g. Article 7.08), such employees will be recalled on a department by department basis without regard to this Article.

3.06 - Recall
When staffs are augmented after layoff, members shall be returned to work on the basis of seniority, the member with the greatest seniority being returned first and so on, in that order, providing they are willing and able to perform the required duties.

3.07 - Severance Pay
Employees permanently laid off for lack of work due to technological improvement or changes in production methods or processes including the method of shipping, receiving or handling of materials or products, the closing of a department or plant or part of a department, are entitled to a severance allowance in accordance with the following conditions. A permanent layoff within the meaning of this Article is a layoff that is expected to last for a period of at least twelve (12) months or longer.

(a) The Company shall give the Union written notice of no less than thirty (30) days if any of the improvements or changes described herein are to take place; such notice shall describe the nature of such improvement or changes, specify the approximate number of people to be affected and state the expected date of implementation.

(b) Where possible, the Company shall advise the Union in advance if a permanent layoff, as provided in Article 3.03 (h), is to take place.

(c) An employee may at any time during the layoff take his severance allowance or continue in such status until his layoff exceeds twelve (12) months and then take his severance pay but, in both cases, he ceases to be an employee of the Company when the severance allowance is paid.

(d) Severance payments shall not be made:


1. to employees who have not completed their probationary period.
2. to employees who are discharged for just cause.
3. to employees who voluntarily resign.
4. to employees who are retiring on pension.
5. in the event of closing due to acts of God, public enemy, war, disaster beyond the control of the Company.
6. to permit card holders.

(e) Severance pay shall be paid as outlined in the following table. For the purposes of this Article, one year's service shall be defined as 1,500 hours worked.

YEARS OF SERVICE
     SEVERANCE PAY

One (1), but less than two (2)
     Two (2) weeks
Two (2), but less than three (3)
     Three (3) weeks
Three (3), but less than four (4)
     Four (4) weeks
Four (4), but less than five (5)
     Five (5) weeks

And so on for each subsequent year of service. Employees with fifteen or more year's service shall accrue an additional three days severance for each year of service to a maximum entitlement of 52 weeks.

(f) The weeks of severance pay plus earned vacation will not exceed the number of weeks remaining to the employee's normal retirement date. This arrangement shall not apply to employees retiring without pension benefits.

3.08 - New Employees: Probation Period
Pursuant to the provisions of Article 2 hereof, when a new person is employed, he shall:

(a) If a member of the Union, be deemed to be on a trial basis for the first forty-five (45) days worked from the day he started with the Company. Such period will be for the purpose of determining the employee's suitability for employment. During such period, he shall be paid the job rate specified herein for the work he is doing and shall enjoy all other benefits of this Agreement.

(b) If not a member of the Union but skilled in the job category for which the new employee is employed, be deemed to be on a trial basis for the first forty-five (45) days worked from the day he started with the Company. Such period will be for the purpose of determining the employee's suitability for employment. During such period, he shall be paid the job rate specified herein for the work he is doing and shall enjoy all other benefits of this Agreement.

(c) If not a member of the Union and not skilled in the job category for which the employee is employed, be deemed to be on a trial basis for the first sixty (60) days worked from the day he started with the Company. Such period will be for the purpose of determining the employee's suitability for employment. Such employee shall be paid the permit card rate for the first sixty (60) days worked. He shall thereafter be paid the job rate in accordance with Article 5 of this Agreement.

(d) If an employee is dismissed during the trial period, the specific reasons for such dismissal shall be given to the Union in writing.

(e) All new employees shall be given a one (1) day orientation period during which they shall be supernumerary to the department. The purpose of this period is to ensure new employees are properly trained in compliance with the accepted operating procedures and the Occupational Health and Safety regulations of the WCB. In addition the employee will be introduced to a Union rep who is currently on shift.

3.09 - Seasonal/Casual Employees
The following are the terms applicable to employees hired by the Company for work at the Westbank Production Facility to fill seasonal or temporary personnel requirements.

(a) The Company agrees to follow the provisions of Article 2 when hiring personnel for seasonal or temporary assignments.

(b)
1. Employees hired to fill seasonal temporary personnel requirements shall accrue seniority.
2. If the employee works more than 90 days (720) hours) in any twelve month period then he will be eligible for a classification as General Labourer and be paid accordingly.
3. At any time the employee will be eligible to apply for open postings.

(c) Employees shall be called in for work in order of their seniority.

(d) All new employees hired under this Section shall receive the following rates as specified;
1. Those hired under the Permit Card Article 2.02 as Permit Card Holders will receive the rate of $13.75 per hour. If the person successfully qualified under Article 3.08 (Probation Period) he will then be assigned to the Seasonal or Temporary classification.
2. Seasonal or Temporary classification wage rate of 85% of Machine Operators wage.

3.10 - Job Posting

(a) Should an employee wish to step down from the posted position, the employee shall notify the Company in writing. The Employer may require the employee to continue in the position until a suitable replacement is selected.

The resulting vacancy will be posted in accordance with this Article within seven (7) calendar days of the employee wishing to step down.

(b) Whenever a job vacancy or a new job is created the Company shall post a standard notice on the bulletin board in each department for at least five (5) consecutive bottling days, soliciting the names of employees who wish to apply to fill such vacancy. A copy of the said notice shall be given to the Shop Steward(s) two (2) days prior to date of posting and a copy of the posting will be mailed to all employees that are:


1. on the call-in list.
2. on WCB benefits
3. on WI benefits
4. on an approved Leave of Absence
5. on Employment Insurance benefits

Employees, prior to going on approved vacation, will indicate in writing on their vacation request form his/her desire to be considered for particular postings while they are on vacation.

(c) The standard application form to be used for posting on the bulletin board shall specify the type of job vacancy, outline of work required, and where possible, the approximate conditions of temperature and humidity to which the employee will be exposed.

(d) Within three (3) months of ratification of this Agreement, the employer will provide copies of the employee job descriptions to the Union.

3.11
In addition to providing a copy of the posting to employees on WI or WCB, the employer will attempt on two (2) separate days to contact the employee by phone in order to confirm if he/she is interested in applying for the posting.

3.12 Relief Positions
Back-up training will be provided as Relief Positions. Positions will be posted by the Company, and employees selected pursuant to Article 3.14. When the Company deems relief assistance is necessary, it shall assign the senior employee holding the Relief Posting.

Lead Hand relief positions must come from within the department.

The Relief person scheduled will be paid at the higher classification when transferred to the position for more than one (1) hour at any one time and paid for the number of hours worked in the scheduled relief position.

3.13
An employee shall be entitled to hold no more than one permanent posting and one relief posting.

3.14 Selection
A vacancy or new position shall be filled by the applicant who has the most seniority, providing he meets the qualifications for the position as well as shows willingness, incentive, merit and ability. In addition the efficient operation of the Company will be given due consideration.

In the case of training on other jobs, the Company will post the training job for a period of five (5) working days.

Notwithstanding the foregoing, the Company may temporarily assign any employee to do any job.

Nothing in this section shall abrogate the right of any employee having greater seniority to submit a grievance if he feels that he has been discriminated against as a result of any such promotion.

In the departments of Cellar and Bottling there shall be stepped advancement, whereby applicants for higher job classifications must meet the following requirements.

1. Cellarman 2: must have successfully completed the trial period as a Cellarman 3.
2. Cellarman 1: must have successfully completed the trial period as a Cellarman 2 and should have at least 1 years experience as a Cellarman 2.
3. Machine Operator 1: must have successfully completed the trial period as a Machine Operator 2.
4. Machine Operator 2: must have successfully performed in the general labourer or seasonal classifications.

3.15
In the event differences arise which cannot normally be settled as to which of the applicants should be given a trial to fill the posted vacancy, the matter shall, within three (3) days after the said differences arise, be dealt with under the Grievance Procedure, Article 9 of this Agreement starting with Step 2 of Section 4 thereof.

3.16
Notwithstanding anything herein contained, it is understood and agreed that promotions to better paid jobs or to better jobs at the same rate of pay shall be based on seniority with willingness, incentive, merit, ability and the efficient operation of the Company being given due consideration. Nothing in this Section contained shall abrogate the right of any employee having greater seniority to submit a grievance if he feels that he has been discriminated against as a result of any such promotion.

3.17 Training

(a) The applicant selected shall be given a one week training period which shall not count towards the trial period, with the exception of postings in the Cellars and Bottling Room where the training period shall be as follows:

Cellarman 2:
100 hours - within a four-month period.

Cellarman 1:
100 hours - within a four-month period.

Machine Operator 1:
Although training time will depend on the employees' initial skill level, completion of training will occur when the individual has qualified on all line changeovers and all predetermined maintenance tasks as agreed between the parties.

Machine Operator 2:
80 hours - within a six month period, on a minimum of 75% of the machines in the Bottling Room, and; Five (5) shifts on line setup of the various wine and cooler/cider lines. These hours are to be consecutive and will occur on the first day of each line change.

Line setup:
Ten shifts on line setup and five shifts on sanitation which includes all lines.

Maintenance: 80 hours

Lab Technicians: 80 hours.

Sanitation: 80 hours.

Fork Lift Operators:
40 hours plus an Employer recognized fork lift training program.

(b) Where there are multiple trainees, the most senior applicant will complete his training prior to the training start of a second applicant, unless the more senior trainee is on a valid leave.

(c) The applicant shall be notified in writing, with a copy to the Union, upon successful completion of the training period.

(d) An employee on training may be called to work outside of the seniority scheduling rules. Seniority bumping will not be permitted and the employee shall remain in that position until the training period is completed.

(e) Training to commence within twenty (20) days of posting being awarded, wherever possible.

(f) Training to be consecutive days, wherever possible.

(g) Trainee may be scheduled out of seniority providing trainee is supernumerary to department. This provision does not apply to the trial period referred to in Article 3.18.

3.18 Trial Period
After the completion of the training period referred to above, the successful applicant shall be given a thirty (30) day (240 hour) trial period to prove his suitability. If he has been determined to be unsuitable, he will be returned to his former job subject to discussion between the Union and the Company. He will have the right to return to his former job within this trial period. In addition, unless agreed to by the Company, such employee shall not be allowed to again post on the position he was removed from until a period of eighteen (18) months have passed since his return to his former job.

Should an employee fail to achieve suitability, then the Company will select, from the previous posting list, the next person meeting the prerequisites.

This selection process may occur up to a total of two (2) times after which the job will be reposted.

3.19
During the training period and the trial period, he shall be paid at the rate of pay he was receiving prior to the awarding of the job posting.

3.20
Before selecting employees for training on other jobs, the Company will post the training job for a period of five (5) working days. With qualifications for the training job being given full and primary consideration, employees having the greater seniority shall be given preference. Notwithstanding the foregoing, the Company may temporarily assign any employee to do any job.

3.21
The following groups shall be recognized as "departments" whenever the word is used throughout this Agreement:

1. Bottling
2. Cellars
3. Laboratory
4. Maintenance
5. Warehouse
6. Sanitation

New departments that may be established which fall under the jurisdiction of the certification shall be added to the above-listed departments.