Contract Table of Contents
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Letter of Understanding
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January 1, 2006 to December 31, 2008
4.01 - WORK WEEK
- For all employees, eight (8) hours shall constitute a day's work and five (5) days, namely forty (40) hours, Monday through Friday inclusive, shall constitute a weeks work. An employee who is ordered to work less than eight (8) hours a day or forty (40) hours a week shall be considered temporarily laid off.
- Notwithstanding Article 4.01(a) above, the employer shall have the right, providing the affected employees are in agreement, to schedule ten (10) hour shifts on a Monday to Thursday or a Tuesday to Friday basis. In the event the employer so decides, it is understood that the four (4) day work week shall be four (4) consecutive days.
REST PERIODS
All employees will be allowed a fifteen (15) minute rest period in the first half of their shift, and a fifteen (15) minute rest period in the second half of their shift. These rest periods will be included in the working hours stipulated previously herein. Providing the circumstances that warrant this practice remain the same, those employees who currently enjoy a paid half hour lunch period shall continue to do so. Other employees who are required to remain on premises (i.e. Millwright/Machinists and First Aid Attendants) or who are called back to work during this period shall also be paid for their lunch period. For all other employees the lunch break shall be unpaid.
In the event the company wishes to schedule the four (4) ten (10) hour day shift schedule as per Article 4.01(b) employee’s will be given an additional 15 minute rest period in the last two and one half hours of the shift.
SHIFT SCHEDULES
Notification of shift schedules shall be given no later than 12 noon Wednesday for work in the following week. Employees must notify the supervisor of any changes no later than 9 am Thursday. Adjustment to this schedule may be made without penalty up to 3 pm Thursday. Employees whose seniority is such that they are scheduled to work the entire week shall be assigned one starting time which will not change more than one time in the course of that week by more than one half hour.
Where the employer requires an employee to commence work prior to his posted starting time or work after his regular quitting time, such hours shall be considered overtime and be paid at the applicable overtime rates:
Unless the change is requested by the employee
Unless the changed job is a promotion, a bumping or a training posting.
Unless the employee is returning to his customary job.
Unless the employee is filling a relief position for which he has been trained, provided notice is given at or before the end of the employee's shift on the previous day.
Unless the employee has exercised seniority rights after his scheduled shift was cancelled.
An employee called in to work up to one hour before their scheduled shift will be considered to have commenced work prior to his posted starting time and shall be considered overtime and be paid at the applicable overtime rates.
Where the employer requires an employee to change his shift (e.g. from days to afternoons) the employee shall be compensated at the rate of time and one half for the first shift so worked.
All regular shifts shall be eight (8) hours or ten (10) hours in duration and the employees shall be paid a minimum of eight (8) hours or ten hours (10), whichever is applicable.
Employees who receive permission to leave early or who agree to leave early because of a temporary reduced department workload shall be paid for the time worked only.
Employees must be given twelve (12) hours prior notice to normal start time if they are not to report for work the next day. If they are not notified and report to work, they shall be paid for a minimum of four (4) hours, excluding those absent without notification to the employer on the day the notification not to report is given.
The foregoing shall not apply in the case of multiple shifts. When more than one shift is in operation the company will provide a minimum of eight (8) hours notice if a shift is cancelled for any unforeseen reason e.g. Machine breakdown.
An employee called out for any reason shall receive not less than two (2) hours pay at double time and double time for any hours in excess of two. If the employee is called back after punching out and before leaving the plant, this will be considered a continuation of their regular shift and the two hour at double time minimum will not apply and they will be paid for the period from their regular quitting time until the task is completed at overtime rates.
When an employee is not relieved at the end of their shift during continuous production the employee will remain on shift or contact their supervisor or lead hand if they are unable to remain until relief arrives. Overtime rates shall apply to the time the employee must remain.
Employees who will be absent must provide the Supervisor, of the department for which they are scheduled that day, with as much notice as possible prior to the start of their scheduled shift and give the reason for the absence. In case of absences of more than one (1) consecutive day the procedure of call in must be followed each day unless your supervisor is provided with a doctor’s note stating the length of time the employee is to be off work.
When the production requirements warrant the need for a three (3) shift operation for six (6) continuous weeks or greater, the Company may schedule a revolving three (3) shift schedule. This schedule will involve the rotating of both the canning and bottling production through the day, afternoon, and graveyard shifts.
If production requirements warrant the need for three (3) shifts for less than six (6) continuous weeks, the canning production will be scheduled for the graveyard shift. The Company will first attempt to staff the graveyard canning shift by voluntary sign-up. In the event the company cannot fill the graveyard canning shift by way of voluntary sign-up, it shall be filled by qualified personnel in order of reverse seniority.
In the event there is a production disruption due to machine breakdown or any other cause, employees may exercise their “bumping” rights as per Article 3.02
4.02 - OVERTIME
Work performed in excess of eight (8) hours or ten (10) hours during any normally scheduled production day, Monday to Friday inclusive, shall be overtime and shall be paid as follows:
8 hour shifts:
Time and one half for the first two hours and double time thereafter.
10 hour shifts:
Double time
Employees will be given a fifteen minute break at or immediately before, the completion of their regular shift if overtime hours are expected to be one (1) hour or more. Thereafter the regular breaks will be taken every two hours.
All work performed on Saturdays, (excluding plant checks) is overtime and shall be paid at the rate of double time.
All work performed on Sundays, (excluding plant checks) is overtime and shall be paid at the rate of double time.
In the event it is necessary to work overtime, the Company shall, whenever possible, provide four (4) hours notice of such overtime.
The Company shall whenever possible give employees three (3) days notification for Saturday, Sunday, or Statutory Holiday work involving production i.e. for Saturday Overtime posted by Noon on Wednesday.
Employees are not obligated to work overtime. However, in emergency situations the Union agrees to provide competent help.
It is agreed and understood that if overtime is required to complete a bottling or canning run due to equipment malfunction or breakdown, the company shall have the right to schedule employees to finish off the run and clean up. However, this shall not result in any employee being required to work more that one hour overtime. This clause is intended only to allow clearing of the remaining product on the line due to the breakdown, not to increase production.
4.03 - PLANT CHECKS
Employees required to do one (1) plant check per day shall receive four (4) hours pay. Employees required to do two (2) plant checks per day shall receive six (6) hours pay. In the event a plant check requires more than four hours work, then the employee shall be paid at the premium rate for all hours worked.