Contract, Table of Contents

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LOCAL 300 / MOLSON Vancouver 2006-2012 Contract
Please read the disclaimer.

ARTICLE 3
SENIORITY

1. 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 last break in his seniority.

   (1) Seniority service records for the purpose of permanent layoffs shall not be considered broken by reason of:

   1. Absence on leave when granted mutually by the Company and the Union.
   2. Absence due to seasonal layoff, providing employee is available for work on date of being recalled in the order of his seniority.
   3. Sickness or injury or transfer from one department to another.
   4. Active service in the Armed Forces of the country.
   
   
2. Seniority Lists
   The Company shall post a seniority list of all regular employees and seasonal employees on the plant bulletin board within thirty (30) days from the date of this agreement being signed. Such list shall contain only the names and seniority of those employees working in the established bargaining unit. The union shall have thirty (30) days to review such list, if no concern is raised then such list shall be considered accurate.

3. Procedure Regarding Permanent Layoffs
   
   Step 1
   Should it become necessary to reduce the regular working force, all permit card help must be discharged before any Union members shall be laid off.

   Step 2
   If further reduction of staff is necessary, then the Union members shall be laid off in the order of their seniority as defined in paragraphs (a) and (a)(1) of Article 3, Section 1, of this Agreement. The last member hired shall be the first member to be laid off and so on in that order.

   No employee of the Company other than a member of the Union shall do the work of a journeyman while any Union member is laid off.

4. Seniority With Reference to Temporary Layoffs

   It is agreed that in the event of the temporary lay off of regular employees during a shutdown, a senior employee, who is eligible for GWP, may elect to be laid off. This would be done in a minimum of one week blocks.

   Outside of shutdowns, it is agreed that in the event of the temporary lay off of regular employees, a senior employee, who is eligible for GWP, may elect to be laid off, provided that a junior qualified employee who is eligible for GWP is retained instead of the senior employee. It is understood that these employees electing GWP will be available for daily recall.

   Senior employees electing the above options must use their vacation bonus prior to electing voluntary lay off on GWP. Upon recall, the employees shall be reassigned in reverse order of seniority.

   The Company undertakes to ensure that sufficient training is provided through training postings to ensure that regular employees are not unreasonably laid off or recalled out of seniority order.

5. If a union member accepts employment with the Company in a classification outside of the bargaining unit he shall retain his seniority for a period not to exceed 90 days from the date he accepts said employment. This period may be extended by mutual agreement.

An employee with less than ten (10) years seniority will automatically lose his seniority and cease to be an employee of the Company in case of layoff for a period of twelve (12) months. An employee with more than ten (10) years seniority will automatically lose his seniority and cease to be an employee of the Company in the case of layoff for a period of eighteen (18) months. It is agreed that if an employee is not recalled from layoff for an aggregate of more than thirty (30) days then the employee's period of layoff shall be considered not to have been interrupted.

Pursuant to the provisions of Article 2 hereof, when new persons are employed they shall:

1. 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 trial 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. In the event an employee is dismissed during his trial period, the reasons for such dismissal shall be given in writing.

2. 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 sixty (60) days worked from the day he started with the Company. Such trial 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. In the event an employee is dismissed during his trial period, the reasons for such dismissal shall be given in writing.

3. 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 trial 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. In the event an employee is dismissed during his trial period, the reasons for such dismissal shall be given in writing. Such new 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.

Procedure:

Step 1

1. Whenever a job vacancy is created in any of the brewery’s departments, the Company shall post a standard notice on the bulletin board in each department for at least three (3) consecutive packaging days, soliciting the names of employees who wish to apply to fill such vacancy.

2. Where the Company requires a relief employee the company shall post a standard notice on the bulletin board for at least three (3) consecutive packaging days, soliciting the names of employees who wish to apply to fill such vacancy on the basis that an employee shall only hold one relief posting and shall not accept another posting for one year except by mutual agreement.

   When considering an applicant for a relief posting, if the Company is unable to grant the posting due to it not being practical to relieve the employee in his current position to accept the relief assignments as they occur, the Company shall review the matter with the Union within 10 days.

   The Company undertakes that departments will be crewed in the ranked order of (1) permanent posted employees in their respective posting; (2) relief employees for the posted postings; and (3) employees trained and capable of performing the job. Should any reductions be necessary in these departments it shall be done in the reverse order.

   Unless otherwise mutually agreed this provision shall only apply to relief absences of five (5) days duration or longer.

Step 2
Any employee covered by this Agreement may apply in this manner and the vacancy shall be filled by the applicant who has the most seniority. In the case of vacancies involving tradesmen, the senior applicant who has the required certification, skills and/or experience shall be selected.

1. The man selected will be given a reasonable trial period to prove his suitability. He will have the right to return to his former job within ten (10) days for relief postings and within fifteen (15) days for permanent postings.

   An employee electing to remain in a relief or permanent posting shall not accept another posting for one year except by mutual agreement.

   Employees absent from work for a period of more than two (2) weeks from the date the job is posted, will have the right to apply within three (3) days of his return to work, but this need not delay the filling of the job during this period.

   As the company goes through the selection process the company will bypass applicants that are unavailable due to WI or WCB and move to the next senior applicant.

   If, after working on his new job or in his new department, the applicant finds the job has been discontinued or for other reasons he shall be transferred back to the department from which he was last transferred, he shall retain all his seniority rights.

   The man selected shall be transferred to the posted job within twenty (20) days provided that a replacement is available.

   Employees absent from work for a period not more than two (2) weeks from the date a job is posted, will have the right to apply within three (3) days of his return to work, but this need not delay filling the job during this period.

2. The Standard application form to be used for posting on the bulletin boards shall specify the type of job vacancy, outline of work required, and wherever possible, the approximate conditions of temperature and humidity to which the employee will be exposed.

3. 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 Grievance Procedure, Article 10 of this Agreement, starting with Step 3 of Section 4 thereof.

4. Employees, who, by reason of physical deficiency are required to transfer from their present department, will retain their plant seniority.

   In all cases where it is necessary to transfer an employee for the aforementioned reason, the Company and the Union will mutually decide on the Department to which the employee will be transferred.

In the event it is necessary to work overtime, the following arrangements will apply, subject to the efficient operation of the company:

1. 1. In the event overtime is required, the most senior employee within the ‘section’ capable of performing the required work shall be offered such overtime first.

   2. Notwithstanding the above, for reasons where continuity is necessary for the efficient completion of maintenance work, or any other areas agreed between the Union and the Company, the employees performing the work during their normal shifts will be asked first.

   3. Notwithstanding the above, where overtime at the end of a shift is anticipated by the company the overtime will be assigned to the most senior trained and capable employee with the closest quitting time.

2. In the event that sufficient employees cannot be obtained from the ‘section’, then the necessary employees will be acquired in order of their plant seniority firstly from the ‘department’, and secondly, the ‘brewery’, provided the senior employee is willing and capable of doing the work required.

3. Reference to the following Chart 1 will graphically show the composition of ‘sections’, ‘departments’, and ‘brewery’.

Section 6. Overtime Meal Allowance

The Company agrees to notify the employees the previous day when overtime is needed. In the event of an emergency overtime is to be worked without notice being given the previous day and the period of overtime is to be two (2) hours or more in duration, then the Company agrees to provide a meal allowance for employees working such overtime at the brewery up to a maximum of ten dollars ($10.00).

An employee shall receive a fifteen minute paid rest period after completion of their regular shift, and prior to starting overtime when it is anticipated that the duration will be at least one (1) hour.

An employee shall receive an additional fifteen minute paid rest period after the employee has worked more than two (2) hours overtime.

An employee shall receive an additional thirty minute paid rest period after the employee has worked more than four (4) hours overtime.

It is anticipated that an employee will take the above mentioned rest periods where possible. If the employee is unable to take their rest period or lunch break, the employee will be paid for said breaks.