Contract  Table of Contents

Article / 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 /

Letter of Understanding  1 / 2 / 3 / 4 / 5 / 6 / 7 /

January 1, 2006 to December 31, 2008
OKANAGAN SPRING BREWERY, 2006-2008
Please read the disclaimer.


ARTICLE 12
GENERAL
12.01 - HUMAN RIGHTS

The Parties agree there shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practised with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability or membership or activity in the Union and any other language or categories as per the Human Rights Code of British Columbia. The Company and the Union also recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the work place. Should any dispute arise regarding any of the foregoing, the employee shall take recourse through the grievance procedure in the Agreement.

It is the intent of the Parties that the grievance should be brought to the immediate attention of Management and the Union. The initial stage of the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.

12.02 - AMENITIES

All present amenities now enjoyed by the employees shall be kept in effect.

12.03 - DISCIPLINE
  1. Employees may only be given a written warning, notice of suspension, or be discharged for just and reasonable cause. The Company agrees that discipline shall be corrective, and not punitive. Discipline will be progressive for instances of a similar nature, and will be given in a timely manner. In no case shall it be more than fifteen (15) working days after the alleged infraction, unless otherwise agreed by the Union.

  2. Where written warning, suspension or discharge is contemplated by the Company the affected employee and the shop steward shall immediately be notified and given reasonable time in private to discuss the issues giving rise to the pending discipline.

  3. At the time at which said discipline is imposed, the affected employee and the shop steward shall immediately be given copies of the disciplinary letter.

  4. When the Company imposes a suspension on an employee, the suspension shall not be served sooner than two (2) weeks, or later than six (6) months after the disciplinary meeting, unless otherwise agreed to by the Company and the Union.

    Notwithstanding the forgoing, if the Company determines that an employee must be suspended immediately for conduct that may include, but is not limited to, being violent, disruptive, or apparently under the influence of an intoxicating substance, the Company shall provide immediate verbal notice of the suspension and will provide notice in writing of a suspension as soon as possible thereafter pending final determination and the time for a meeting. A copy of such notice will be provided to a Union Representative, and the Union committee.

  5. Copies of disciplinary records will be removed from the employee's personnel files after a period of two years from the date of issuance of such discipline (three years in case of suspension) and thereafter shall not be relied upon for any purpose.

    Employees shall have the right to review their employee file with the Human Resources Manager at an agreed upon time, preferably within five (5) working days, subject to the manager's reasonable availability.
12.04 - OVERTIME MEALS

When an employee is required to work more than two (2) hours overtime after their regular shift they shall be given a light meal or receive twelve ($12.00) dollars in cash in lieu of the light meal to be paid on the employees pay cheque and taxed accordingly as per Canada Customs and Revenue Agency.

12.05 - SAFETY AND HEALTH
  1. It shall be the objective of the safety and health programme to eliminate accidents and health hazards. The company shall strive for a workplace free of recognized physical and health hazards in accordance with the Workers Compensation Act and Occupational Health and Safety Regulations.

  2. Each employee agrees to wear the protective equipment made available by the company and to adhere to the Occupational Health and Safety Regulations.

  3. A joint health and safety committee shall meet monthly under the terms and conditions set out by the JHSC. There shall be equal representation of both parties.

  4. The committee shall be made up of three (3) worker reps and three (3) management reps. The worker reps will consist of three (3) permanent and up to three (3) alternate members. Alternates are in place to substitute for permanent members in situations where, a permanent member of the committee is unable to attend a meeting due to vacation or shift schedule, however, it is understood that the permanent member will make every attempt possible to attend the meetings to maintain consistency of the committee. The worker reps must include at least one (1) permanent or alternate member from the Warehouse/Distribution department. Attendance is essential at JHSC meetings. Meeting dates and times are set out for the year to provide as much notice as possible so that members of the committee can ensure their availability. The Company will make every attempt possible to insure that JHSC members that are on shift will be made available for JHSC meetings. Employees requested to attend JHSC meetings outside their scheduled shift shall be paid at straight time rates for a minimum of one (1) hour, or the duration of the meeting if longer than one (1) hour.

    A joint committee has the following duties and functions in relation to its workplace:

    1. to identify situations that may be unhealthy or unsafe for workers and advise on effective systems for responding to those situations;

    2. to consider and expeditiously deal with complaints relating to the health and safety of workers;

    3. to consult with workers and the employer on issues related to occupational health and safety and occupational environment;

    4. to make recommendations to the employer and the workers for the improvement of the occupational health and safety and occupational environment of workers;

    5. to make recommendations to the employer on educational programs promoting the health and safety of workers and compliance with this Part and the regulations and to monitor their effectiveness;

    6. to advise the employer on programs and policies required under the regulations for the workplace and to monitor their effectiveness;

    7. to advise the employer on proposed changes to the workplace or the work processes that may affect the health or safety of workers;

    8. to ensure that accident investigations and regular inspections are carried out as required by this Part and the regulations;

    9. to participate in inspections, investigations and inquiries as provided in this Part and the regulations;

    10. to carry out any other duties and functions prescribed by regulation

  5. All protective equipment shall be supplied free of cost with two exceptions listed below:

    1. Upon the presentation of appropriate receipts for the purchase of C.S.A. approved safety shoes or boots, the company shall reimburse the employee up to a maximum of one hundred and fifty dollars ($150.00) per contract year.

    2. The current practice of providing protective clothing to certain employees shall continue. In addition each employee shall be issued one (1) set of coveralls as requested. Tradespersons working in the Maintenance department will be issued three (3) sets of coveralls annually. The company agrees to replace these coveralls on an as needed basis provided the employee turns in his previous issue if requested.

    3. New employees will be entitled to receive the boot allowance and coveralls following completion of their first sixty (60) days worked.

  6. The Company shall provide a proper lunchroom and sanitary conditions for all employees.

  7. New employees will be introduced to the department Shop Steward and inducted into the rules and operations of the company. New employees will have sufficient time to familiarize themselves with the entire plant and be introduced to their fellow workers in the immediate vicinity. The Company will supply a list of safety wear required, and regulations to all new employees.

12.06 - CONTRACT BOOKLETS

Contract booklets, in a form acceptable to the union shall be printed by union printers. Two hundred (200) shall be printed. A copy shall be supplied to each employee and thirty (30) booklets shall be supplied to the Union and to the Company. The cost of printing said booklets shall be borne equally by the Company and the Union.

12.07 - TOOL ALLOWANCE

Trades will receive a tool allowance of $450.00 per year. This applies to those employees who provide their own tools as required by the Company.

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