Labour Agreement May 1, 2012 to April 30, 2017- home  

 

I General II Definitions III Bargaining Agency
IV Duration and Amending Procedure V Safety VI Hours of Work
VII Wages VIII Job Evaluation IX Allowance for Failure to Provide Work
X Call Time XI
Fourdrinier Wire and Felt Allowance
 
XII Jury Duty Pay
XIII Bereavement Leave XIV Leave of Absence XV Vacations
XVI Supplementary Vacation XVII Statutory Holidays XVIII Special Floating Holidays
XIX Seniority XX Job Elimination XXI Job Security
XXII Permanent Mill Closure XXIII Contracting XXIV Disciplinary Action
XXV Adjustment of Complaints XXVI Flexible Work Practices XXVII Health and Welfare Plan
XXVIII Pension Plan XXIX Apprenticeship Training Program XXX General Rules for Guidance
           
Exhibit A Job Evaluation Plan Exhibit B Apprenticeship Training Program Exhibit C Welfare Plan
Schedule  1 Welfare Plan - Dental Plan Exhibit D General Rules for Guidance Exhibit E Steam Plant Vocational Leave
Exhibit F Compressed Work Week Exhibit G Letters of Understanding

    


LABOUR AGREEMENT

THIS AGREEMENT BY AND BETWEEN


KRUGER PRODUCTS L.P.
New Westminster Mill

(Hereinafter referred to as "the Company")
Party of the First Part

AND

COMMUNICATIONS, ENERGY AND
PAPERWORKERS UNION
OF CANADA, LOCAL 456
(An Unincorporated Association)

(Hereinafter called "the Signatory Union")
Party of the Second Part

Witnesseth:


AGREEMENT

ARTICLE 1 - GENERAL

Section 1: Purpose of Agreement

The general purpose of this Agreement is, in the mutual interest of the employer and employee, to provide for the operation of the Plant hereinafter mentioned under methods which will further,
to the fullest extent possible, the safety and physical welfare of the employees, economy of operation, quality and quantity of output, cleanliness of Plant, and protection of property.
It is recognized by this Agreement to be the duty of the Company and the employees to cooperate fully, individually, and collectively, for the advancement of said conditions.

Section 2: Mutual Responsibilities

It is recognized by this Agreement to be the duty of the Signatory Company to explain fully the terms of this Agreement to all its Officers, Supervisors, and others engaged in a supervisory capacity,
and it is recognized to be the duty of the Signatory Union to explain fully to its members, its and their responsibilities and obligations under this Agreement.

Section 3: No Interruption of Work

It is agreed by the Union that there shall be no strikes, walkouts, or other interruption of work during the period of this Agreement. It is agreed by the Company that there shall be no
lockouts during the period of this Agreement.Section 4: Sucessorship

In the event of a change in employer status, members of Local 456 will retain all of their rights under the Collective Agreement.

Section 4: Successorship
In the event of a change in employer status, members of Local 456 will retain all of their rights under the Collective Agreement.

Section 5: Wage Deductions
The Company shall remit to the Union not less than once each calendar month, amounts deducted from the employee's wages in respect of initiation fees and regular union dues.

 

ARTICLE II - DEFINITIONS

Whenever used in this Agreement including Exhibits:

Section 1: Employees
The word EMPLOYEES means all persons on the payroll of the Signatory Company at the location (or locations) named in this Agreement, excepting: those engaged in administration,
in actual supervision, in sales, engineering, technical and research (other than shift pulp and paper testers), accounting, clerical, stenographic, and other office work, or Security functions.

Section 2: Tour Workers
The words TOUR WORKERS wherever used in this Agreement means employees when engaged in operations scheduled in advance for at least twenty-four (24) hours continuous running;
it being understood, however, that if a Tour Worker is temporarily assigned to work not connected with the continuous operation on which he is usually employed, his status as to tour or
day work during such temporary assignment is determined by the nature of such assignment. All other employees are considered day workers.

 

Wherever the word HE or HIS is used, it is understood to mean HE or SHE, and HIS or HER.

 

ARTICLE III - BARGAINING AGENCY

 

Section 1: Recognition

(a) Employees Covered by Agreement
       The Signatory Company recognizes the Communications, Energy and Paperworkers Union of Canada and its Local Union 456 as the sole collective bargaining authority representing all
       employees in the plant located in New Westminster.

(b) Maintaining Membership
       All employees in the employment of the Company shall, as a condition of continued employment, maintain membership in good standing in the Union. New employees shall, as a condition
       of continued employment, become members of the Union forty (40) days after becoming employed by the Company.

(c) Failure to Maintain Membership
      Any employee who fails to maintain his membership in good standing in the Union shall be discharged after seven (7) days written notice to the Company by the Union of the employee’s
      failure to maintain his membership in good standing.

(d) No Penalty for Application

       No employee shall be subjected to any penalties against his application for membership or reinstatement, except as may be provided for in the Constitution and By-Laws of the
       Communications, Energy and Paperworkers Union of Canada.

Section 2: Bulletin Boards

The employer shall supply adequately enclosed bulletin boards for the use of the Signatory Union in posting of officially signed bulletins.

 

ARTICLE IV - DURATION AND

AMENDING PROCEDURE

Section 1: Term of Agreement

This agreement shall be in effect from midnight May 1, 2012 to midnight May 1, 2017 and thereafter from year to year subject to the conditions as set out in Sections 2 to 5 which follow hereunder.

Section 2: Labour Code
The parties agree that the operation of Sections 50 (2) and 50 (3) of the Labour Code of British Columbia is hereby excluded.

Section 3: Notice of Re-opening

This Agreement may be opened for collective bargaining as to changes as follows:  Either party desiring any change shall mail to other party notice in writing, by registered mail, on or after
January 1, 2017 but in any event no later than midnight April 30, 2017, that any change is desired, and if no such notice is given by either party on or after the said January 1 and before the
said April 30, the earliest time at which such notice may be given by either party is the corresponding period in the following year.  All notices given under the provisions herein on behalf of the
Union shall be given by the Union (or its representative) and similarly notices on behalf of the Company shall be given by the President of the Company (or his representative).

Section 4: Collective Bargaining
If notice of desire for changes has been given in accordance with Section 3 above, the parties shall, as soon as agreeable to the parties following such date of notice, meet for collective bargaining,
the Company being represented in such negotiations by a Bargaining Committee appointed by the Company, and the Union being represented by a Bargaining Committee selected by said Union.
Any agreement on changes arrived at and approved in such negotiations shall be binding upon the parties to this Agreement. If such negotiations cannot be completed prior to May 1st following
the date on which such notice was given, any changes in compensation to employees shall nevertheless be retroactive to the said May 1st.Section 5: Termination

In case negotiations conducted in accordance with Section 4 above break down, either party may terminate this Agreement upon the expiration of ten (10) days’ notice in writing mailed by registered
mail to the other party.

 

ARTICLE V - SAFETY

Section 1: Principle

Employees and the Signatory Company are to comply with established safety rules as amended by the Joint Safety Committee from time to time. Employees will not be expected to operate with
unsafe equipment or under unsafe working conditions. Employees are expected to report immediately any unsafe equipment. An employee who has reasonable cause to believe that an unsafe
condition exists may refuse to work under such conditions without being subject to discipline.

Section 2: Joint Safety Committee

The Local Union and the Company shall cooperate in selecting one or more safety committees which will meet at least once a month to consider safety problems.

Section 3: Safety Education

(a) The Union undertakes to promote safety and occupational health education among its members in an effort to overcome accidents and occupational health problems.

(b) The Company undertakes to promote safety and occupational health education among all its employees in an effort to overcome accidents and occupational health problems.

Section 4:  Joint Labour / Management Safety Conference

(a) A Joint Labour / Management Safety Conference of two (2) days will be held annually.

(b) It shall be the basic principle of this Conference to assist the delegates in the development of an effective safety program through the promotion and implementation of best practices for an effective safety program in each mill.

(c)  To accomplish the implementation of an effective safety program in the mill, each Local Union shall have two (2) delegates in attendance at the safety conference.  The two (2) delegates shall be compensated by their respective
employer for any loss of wages.  Travel and hotel expenses of the delegates shall not be paid by their respective employers.

(d) A senior management representative shall attend the conference.  Senior company officials and representatives of WorkSafe BC will be encouraged to attend.  Additional delegates of either labour or management will be permitted
to attend on an observer basis.

(e) The agenda shall address issues that will promote occupational health and safety in their respective workplaces.  Agenda items shall be submitted to the respective representative no later than November 30th prior to the conference.

(f)  The Planning Committee shall initially meet no later than one hundred and eighty (180) days prior to the established date of the conference and then schedule follow up meetings in accordance as required by the planning committee. 

(g) The Planning Committee shall be comprised of the following members:

i)    One (1) CEP Local Union member

ii)   One (1) PPWC Local Union member

iii)  One (1) CEP representative from the Regional Office

iv)  One (1) PPWC representative from the National Office

v)   One (1) Employer representative from the employer group

vi)  One (1) Industry representative

vii)  One (1) Conference Facilitator

(h) The Occupational Health and Safety Conference shall be funded on the basis of an industry contribution of three cents ($.03) per employee per hour worked into a Jointly Trusteed Occupational Health and Safety Conference Fund.

The funding shall provide that when the monies in the Joint Trusteed Occupational Health and Safety Conference Fund reach Two Hundred Thousand Dollars ($200,000.00), the funding will be discontinued until the fund has been

reduced to Fifty Thousand Dollars ($50,000.00).

The Jointly Trusteed Fund will be used for the payment of wage loss for Local Union planning committee attendees and conference expenses.

ARTICLE VI - HOURS OF WORK

Section 1:

(a) Basic Work Week
     Both parties of this Agreement are committed to maintain the principle of a basic work week of forty (40) hours, but agree that additional time may be worked to
     permit operation or protection of the mill when paid for as shown in Section 2 below.

(b) Compressed Work Week

      The Company and Union recognize the concept of the compressed work week. It is further understood that the compressed work week conditions will apply only to those departments that are
      on the compressed work week as summarized in Exhibit F.

Section 2: Overtime

Overtime at the rate of time and one-half will be paid on the following basis:

(a) Day Workers
      To any day worker paid on an hourly basis:

(i) For all work performed on Sunday and on statutory holidays as specified in Article XVII of this Agreement.

(ii) For all work in excess of eight (8) hours in any one day or in excess of eight (8) consecutive straight time hours.

(iii) For work performed on an employee’s designated day off as provided for in Article VI, Section 3 of this Agreement.

(iv) For work in excess of forty (40) hours average per week. By average is meant the number of weeks mutually agreed upon in advance as the correct schedule.

(v) Converting Department - 3 Shift Employees:

     Employees working a 3-shift schedule, made up of three 7-1/2 hour shifts per day, five days a week, if requested to work a sixth shift in any one week, will be paid overtime at the rate of time
     and one-half for all hours worked on the sixth shift.


(vi) The Company agrees that employees may carry over Sunday Letter and statutory holiday time earned when sufficient straight-time hours are unavailable that week.
      The hours may be carried over after the week in which they are earned provided a regular work schedule is being followed.

(b) Tour Workers

       To any Tour Worker paid on an hourly basis:


(i) For all work performed on Sunday (8:00 a.m. Sunday to 8:00 a.m. Monday) and on statutory holidays as specified in Article XVII of this Agreement.

(ii) For all work in excess of eight (8) hours in any one day or in excess of eight (8) consecutive hours, except:

 

(1) when such work in excess of eight (8) hours is caused by the change of shifts

(2) overtime work by special arrangements between a Tour Worker and his mate to exchange shifts, with the approval of his supervisor, and when this can be accomplished without
additional cost or penalty to the Company


(iii) For work in excess of forty (40) hours average per week. By average is meant the number of weeks mutually agreed upon, in advance, as the correct schedule.

(iv) For work performed on an employee’s designated day off as provided for in Article VI, Section 3 of this Agreement.


(v) The Company agrees that employees may carry over Sunday Letter and statutory holiday time earned when sufficient straight-time hours are unavailable that week. The hours may be carried over after the week

in which they are earned provided a regular work schedule is being followed.


(c) Banking of Overtime   

      To any worker paid on an hourly basis 

All workers who work in excess of eight (8) consecutive hours shall have the option of receiving the overtime premium on the basis of this section or of receiving straight time for hours
in excess of eight (8) consecutive hours and taking equivalent time off in units of not less than four (4) hours or not less than two (2) hours for medical or dental reasons at the hourly rate
for the job when the work was performed, at a time suitable to the employee and the Company during the contract year. Any overtime remaining at the end of the contract year in which
it is banked may be carried over to the next contract year for purposes of taking equivalent time off. If equivalent time off is not taken by the end of the contract year following the contract
year in which it is earned, the Company shall pay the deferred one-half premium pay. Workers who choose to bank the overtime may later re-elect to receive the deferred one-half premium pay.

(d) Computation of Overtime

(i) When a paid statutory holiday falls upon an employee’s scheduled work day, such holiday shall be considered as time worked for purposes of computing overtime within the calendar week in
which the holiday is recognized. Otherwise such statutory holiday shall not be considered as time worked.

(ii) Hours worked on Sunday by Day Workers and Tour Workers will be counted in the further calculation of the forty (40) hour work week for the computation of overtime.


(iii) Hours worked on a statutory holiday by Day Workers and Tour Workers to a maximum of eight (8) hours will be counted in the further calculation of the forty (40) hour work week
for the computation of overtime if the statutory holiday worked falls on his scheduled day off.

It is understood that Sunday is intended to mean a period of twenty-four (24) hours ending with the start of the Mill day on Monday morning

.

In the payment of overtime on the basis provided above, the one basis which results in the payment of the largest amount of overtime shall be used except as provided for in (d) (ii) and (d) (iii) above.

No employee shall work in excess of sixteen (16) consecutive hours or sixteen (16) hours in any one day.

(e) Overtime Work

(i) If an employee is requested to work in excess of eight (8) hours in any one day or in excess of his scheduled work week hours in any one week, the employee has the right to come in or not to come in and no penalty can

be imposed by the employer for the failure of the employee to come in. It is understood, however, that the Company is entitled to look for reasonable cooperation from its employees.

(ii) In the event that volunteers cannot be obtained, the Company retains the right to appoint employees to do the required work.

(iii) The Company agrees to the principle of limiting excessive overtime and agrees to take steps which will eliminate or substantially reduce such excessive overtime.

It is understood that essentially the problem involves the Main Shop, Electrical and Instrument Departments and that heavy overtime is worked by many of the employees in these departments in critical periods such as during

a Yankee grind, repairing of a line shaft, replacing broken castings, etc., where minimizing the downtime of continuous operating equipment is involved. On such occasions, where large maintenance projects are planned, the

Company agrees to discuss the scheduling of the work load with the members of the shops in an effort to minimize the amount of overtime worked by any one employee during the critical period.

(iv) During normal periods; i.e., when critical maintenance work is not being performed, the General Manager, along with the Union President, will personally investigate each instance of overtime which either the Company

or the Union deems to be excessive with a view to reducing or eliminating such overtime in subsequent similar cases.

Section 3: Days Off and Schedule of Shifts

 

(a) 24 Hours Off Duty

At some time during the seven (7) day period commencing at 7:00 a.m. Monday, and terminating at 7:00 a.m. the following Monday, every employee will have twenty-four (24) hours (consecutive hours) off duty.

 

The employer agrees that in scheduling work, days off shall, wherever practicable, be consecutive.

 

Relief employees, employed to provide relief of employees who follow regular schedules, will be scheduled when required for coverage. The Company will designate regular, periodic days off for all other employees

and will not change such designation without notice except in the case of breakdown. The Company shall use its best efforts

(i) To schedule days off for relief employees on a consecutive basis; and

(ii) To provide established schedules for relief employees.

(b) Designated Days Off

 

The employer will designate regular periodic days off for each regular employee and will not change such designation without notice except in the case of breakdown.

 

In the event the day or days off are changed to follow the original designated day or days off, then forty-eight (48) hours’ notice will be given in advance of the original day or days off. In the event the day or days

off are changed to precede the original designated day or days off, then forty (40) hours’ notice must be given in advance of the new day or days off.

 

The employees may change their day or days off by mutual arrangement with the Supervisor and the Shop Steward of the department concerned without penalty to the employer.

Where a system of days off is now in effect, the same shall remain in effect as long as mutually satisfactory to the Signatory Union, and the Signatory Company.

 

(c) Penalty Payment for Change in Shift

When the Employer changes an employee’s shift schedule after the start of the week without notification being given during the first eight (8) hours of his last shift preceding the new shift, the employee

shall receive two (2) hours penalty payment at the straight time day rate for the first shift worked resulting form the change.

 

If the change in shifts during the week is temporary, the penalty payment is not payable for the second change in shifts when the employee returns to his previously established shift schedule.

The penalty payment is not payable for change in shifts for employees scheduled for less than one (1) week.

 

(d) Overtime Rates on Days Off

When sufficient notice is not given prior to the initial day or days off, then overtime will be paid for work performed on the original day or days off.

Section 4: Starting and Stopping Work

(a) Tour Workers

 

When a tour begins, each Tour Worker is required to be in his place. At the end of a shift, no Tour Worker shall leave his place to wash up and dress until his mate has changed his clothes and reported to take on

responsibility of the position. If a Tour Worker does not report for his regular shift, his mate shall notify the Supervisor. He shall then remain at his post until a substitute is secured, and if necessary, he shall work an extra shift.

(Such requirement to remain on the job if his mate does not report in as scheduled shall only apply when the mate fails to give the required four-hour advance notice of inability to report.)

Overtime Meals: When an employee works one extra shift, arrangements shall be made to provide the meals by the Company.

 

Notice of Absence: It is the duty of a Tour Worker to report for his regular shift, unless he has already arranged with his Supervisor for a leave of absence. If he unavoidably is prevented from reporting,

he must give notice to his Supervisor or at the office at least four (4) hours before his tour goes on duty.

 

(b) Day Workers

Day workers shall be at their respective posts ready to begin work at the time their pay starts and shall not quit work in advance of the time their pay stops. For example, if an employee’s pay time is from
8:00 a.m. to 12:00 noon, and from 12:30 to 4:30 p.m., he shall be at his post ready to work at 8:00 a.m. and 12:30 p.m., and shall not quit work until 12:00 noon and 4:30 p.m.

 

Section 5: Meals

(a) Beyond Normal Eight-Hour Shift

A meal shall, if requested, be furnished at usual meal time at the expense of the employer to any employee who is required to work 11 consecutive hours, and similarly, an additional meal shall be furnished for each

4 additional consecutive hours worked beyond 11 hours.When an employee is entitled to an overtime meal in accordance with the above-stated policy, he will be directed by his supervisor or the supervisor of the

department in which he is working, when he is to go to eat. During major shutdowns it is quite possible that small groups of men will eat at various times as close to the usual meal time as is possible.

By doing this, work can continue on the equipment or machinery and employees still be able to eat.In cases where the job completion is within a reasonable period of the normal meal time, the crews may be instructed

to complete the job following which a meal will be provided.

(b) Emergency Jobs or Machine Clothing Changes

When an employee is called in on an emergency job or machine clothing change, he shall be entitled to a meal, if requested, at the expense of the employer, providing:

(i) The employee was called on short notice.

(ii) The employee will work over four hours.

(iii) The employee will work through a normal meal period.

 

Subject to the above conditions, the meal should be provided as close as possible to normal meal time. In cases where time is of essence and the job completion is within a reasonable period of the normal meal time,
the employees may be instructed to complete the job following which the meal will be provided.


Section 6: Call-In - Hours of Work

The Company will cooperate with any day worker called in after twelve midnight to ensure that this work does not preclude him working his regular eight (8) hour shift the following day. This may be accomplished by
altering the hours of work to the mutual satisfaction of the employee and his supervisor. No penalty shall apply to the Company as a result of such an arrangement.

ARTICLE VII - WAGES

Section 1: Wage Scale

The wage scale for the term of this Agreement will be as per the Rates of Pay section of this Agreement.


Section 2: Shift Differential

(a) Afternoon ShiftWhere tour work is scheduled 8-4, 4-12 and 12-8, the following shift differentials will be paid in addition to the hourly rate on all work performed:

 

                                                     (% of Base Rate)

8:00am to 4:00pm                                2.00%

4:00pm to 12:00am                              3.55%

12:00am to 8:00am                              4.50%

 

(b) 7-1/2 Hour Day

A special differential of seven (7) cents per hour will be applied to those employees on a 3-shift, 7-1/2 hour day, 5-days per week schedule, while on this schedule.

Such differentials shall be paid in addition to an employee’s regular rate of compensation but are not to be added to the wage rates for the purpose of calculating overtime.

Section 3: Continuous Operating Premium

(a) Tour Workers following compressed work week schedules shall be paid the following shift differential in addition to the hourly rate for all work performed as follows:

                                          (% of Base Rate)

8:00am to 8:00pm                                2.50%

8:00pm to 8:00am                                4.25%

 

(b) Tour Workers not employed on a 20 or 21 shifts per week schedule:

                                          (% of Base Rate)

4:00pm to 12:00am                             2.25%

12:00am to 8:00am                             3.25%

 

(c) Day Workers scheduled in advance to work on other than their normal day shift will receive shift differential in addition to the hourly rate for all work performed as follows:

                                          (% of Base Rate)

4:00pm to 12:00am                             2.25%

12:00am to 8:00am                             3.25%

 

Note: Day Workers normally scheduled in excess of eight (8) hours in a day will receive the appropriate shift differential for all hours in excess of eight (8) hours as outlined above.(d) All Employees

The Company shall not include the shift differential in any employee’s wage rate for the calculation of overtime.

 

ARTICLE VIII - JOB EVALUATION PLAN

Both parties to this Agreement are committed to the Job Evaluation Program as outlined in Exhibit A attached hereto.

The parties agree that a job field survey will be conducted for the steam and recovery jobs.

ARTICLE IX - ALLOWANCE FOR FAILURE TO PROVIDE WORK

In case any employee reports to his regular scheduled shift having been ordered to report for such work and then no work is provided, he shall nevertheless receive two (2) hours pay for so reporting.

In any case where an employee has commenced his regular shift, he shall receive a minimum of four (4) hours pay except in cases of accident, breakdown, interruption of power, Acts of God, or to cases of

Call Time as provided in Article X and Article XI. In cases of accident, breakdown, interruption of power, or Acts of God, the employee shall receive a minimum of two (2) hours pay.

ARTICLE X - CALL TIME

Section 1: Qualifying Conditions

An employee shall receive two (2) hours Call Time at the straight time rate in addition to pay for time actually worked under the following conditions:

(a) Call to work following a shift

When required to report for work after completing his designated shift.

 

(b) Call to work on a designated day off

When required to report for work on a designated day off, or a statutory holiday as specified in Article XVII, except where the individual has received at least thirty-six (36) hours notice before the start of such

work and the period of work does not exceed two (2) hours and he works into his next shift.

Section 2: Payment

(a) The employee shall receive a minimum payment of four (4) straight time hours pay including payment for Call Time and time worked.

(b) The Call Time payment will not be added to or paid in lieu of allowances payable under Article Vl, Section 2 and Article lX.

 

Section 3: Spareboard Employees

Spareboard employees that are scheduled to work will be eligible for Call Time as provided in Article X and allowance time as provided in Article XI for those scheduled work days.

Spareboard employees who have worked forty (40) hours in one (1) week or are scheduled in advance to work a full week, except when employees make arrangements to change their scheduled work week,
will be eligible for Call Time as provided for in Article X, and allowance time as provided for in Article XI.

ARTICLE XI - FOURDRINIER WIRE

AND FELT ALLOWANCE

Section 1: Allowance to Tour Workers for Fourdrinier Wire Changes

Tour Workers called to put on Fourdrinier Wires at a time other than their regular tour and are dismissed before their tour is scheduled to begin, shall be paid for the time worked plus three (3) hours,

but not less that a total of six (6) hours on any one wire.

If Tour Workers are called to put on a Fourdrinier Wire before their shift is scheduled to begin and work through into their regular shift, they shall be paid for the time worked plus three (3) hours.

If Tour Workers are asked to remain after their shift is scheduled to end, to put on a Fourdrinier Wire, they shall be paid for the time worked plus three (3) hours.

The above shall also apply to Tour Workers when working on machines other than their own.

In cases where more than one machine is involved, the above allowance shall be paid for each machine.

Tour Workers asked to assist to put on a Fourdrinier Wire on a machine other than their own during their regular shift shall receive three (3) hours extra time but in no case shall more than three (3) hours extra time be allowed.

Pay for the allowance time provided above shall be figured at straight time even though the actual time worked is paid for at the overtime rate.

Section 2: Allowance to Tour Workers for Putting on Felt

Tour Workers called to put on felts at a time other than their regular tour and are dismissed before their tour is scheduled to begin, shall be paid for the time worked plus three (3) hours but not less than a total of four (4) hours.

Any Tour Worker called in to put on felt after he has completed his regular shift shall be allowed three (3) hours Call Time at straight time, plus actual time worked.

If Tour Workers are called to put on felt before their shift is scheduled to begin and work through into their regular shift, they shall be paid for the time worked plus three (3) hours. If Tour Workers are asked to remain after their

shift is scheduled to end, to put on felt, they shall be paid for the time worked plus three (3) hours.

Pay for the allowance time provided above shall be figured at straight time even though the actual time worked is paid for at the overtime rate.

ARTICLE XII - JURY DUTY PAY

Section 1: Wage Compensation

Any regular full time employee who is required to report for Jury Selection, Jury Duty, Coroner’s Inquest or who is subpoenaed to serve as a witness in a court action, save and except actions involving the Company or Trade Unions,
unless subpoenaed by the Crown, on a day when he would normally have worked, will be reimbursed by the Company for the difference between the pay received in such duty and his regular straight time hourly rate of pay for his
regularly scheduled hours of work necessarily lost. It is understood that employees will be reimbursed by the Company for the difference between the pay received for such duty and his straight time rate of pay for his regularly scheduled
hours of work in that week. The employee will be required to furnish proof of performing such service and such duty pay received.

Section 2: Holidays and Overtime

Hours paid for such duty will be counted as hours worked for the purpose of qualifying for vacations and for recognized paid holidays, but will not be counted for hours worked for the purpose of computing overtime.

ARTICLE XIII - BEREAVEMENT LEAVE

When death occurs to a member of a regular, full-time employee’s immediate family, the employee will be granted an appropriate leave of absence and shall be compensated at his regular straight time hourly rate for hours

lost from his regular schedule for a maximum of three (3) days.

Members of the employee’s immediate family are defined as the employee’s spouse, mother, father, brothers, sisters, sons, daughters, mother-in-law, father-in-law, step-parents, grandparents, grand-children, son-in-law,

daughter-in-law and step-children.

Compensable hours under the terms of this section will be counted as hours worked for the purpose of qualifying for vacations and for recognized paid holidays, but will not be counted as hours worked for the purpose of computing overtime.

ARTICLE XIV - LEAVE OF ABSENCE

Section 1: Union and Public Office Leave

The Company agrees that it is proper to grant leave to employees who have been elected or appointed to office in the Union, or who have been nominated, elected, or appointed to Federal, Provincial, or Municipal office.

However, it is not the intention of the Company to grant lifetime leaves of absence.

An employee appointed or elected to full time office in his Union, or to Federal, Provincial, or Municipal office, shall be granted as much leave as is necessary during the term of office.

Seniority shall accumulate during the period of an employee’s leave of absence.

Section 2: Steam Plant Leave

Steam Plant personnel shall be granted leave in accordance with the provisions of Exhibit E (Steam Plant Vocational Leave) for the purpose of attending vocational school.

Section 3: Maternity/Paternity Leave

Information on maternity/paternity leaves can be obtained from the Human Resources Department.

Section 4: Injury, Disablement and Serious Illness Leave

Any employee becoming injured, disabled, or subject to a serious illness in the course of his employment shall be granted leave of absence without loss of seniority from his regular job, with the privilege of working in a

less strenuous capacity in any other section of the plant until he is capable of resuming his regular job.

In such cases where a less strenuous job is not available in this plant, leave of absence to work temporarily in other than this Company, may be granted by mutual discussion and consent between the Management

and Union Standing Committee and the duration of such leave will also be similarly agreed upon.

Section 5: Other Leave

Granting of leave is a matter between the employees and mill management. The Company will consider length of service and will endeavour to arrange leave of absence to suit the employee’s wishes.
Employees with ten or more years’ service will be given special consideration.

ARTICLE XV - VACATIONS

Section 1: Entitlement

Effective May 1, subject to the requirements of this Section, every employee is entitled to a vacation and vacation pay as follows:

Vacation Pay, being the greater of:

percentage of the total wages earned by the employee during the preceding vacation period, or

hours pay at the hourly rate of the employee’s regular job.

An employee who is on the payroll on May 1st, who has been continuously employed during the qualifying period and who has:

(a) been employed for less than one year and does not qualify under (b) below:1/4 day for each full week of actual work performed during the preceding vacation period provided no vacation of less than one day will be granted.

4-1/2%

 

(b) been on the payroll of the Signatory Company on May 1st and who has been employed for less than twelve (12) months prior to the said May 1st but who was on the payroll of the Signatory Company prior to

September 1st of the previous year, or

 

been employed for not less than one year and who has worked for not less than 1200 hours during the preceding vacation period

The following hours will count as hours worked for the purpose of qualifying for vacation:

Vacations; Supplementary Vacations; Statutory Holidays; Special (Personal) Floating Holidays; Jury or Witness Duty; Bereavement Leave; Steam Plant, Apprenticeship and First Aid Leaves, Banked Days Off,

and Days Off in Lieu of work performed on a Statutory Holiday.

 

2 weeks 4-1/2% or 80 hours

 

(c) qualified for his 2nd vacation under this Agreement:3 weeks 6-1/2% or 120 hour

(d) qualified for his 7th vacation under this Agreement:4 weeks 8-1/2% or 160 hours

(e) qualified for his 14th vacation under this Agreement:5 weeks 10-1/2% or 200 hours

(f) qualified for his 23rd vacation under this Agreement:6 weeks 12-1/2% or 240 hours

(g) qualified for his 29th vacation under this Agreement: 7 weeks 14-1/2% or 280 hours


Section 2: Additional Pay

In addition to the vacation pay to which an employee is entitled above, each employee shall, on qualifying for vacation under categories (b), (c), (d), (e), (f), or (g) above, be entitled to an additional amount of vacation

pay equivalent to ten (10) hours’ pay at the hourly rate of the employee’s regular job in respect of the first week of his vacation.

Section 3: Payment on Termination

In the event an employee’s employment terminates either before he becomes entitled to a vacation with pay, or being entitled to a vacation with pay, or being entitled to it before he takes it, he shall be paid on

termination 4-1/2%, 6-1/2%, 8-1/2%, 10-1/2%, 12-1/2% or 14-1/2% (depending on whether he belongs in the category of employees described in (a) or (b), (c), (d), (e), (f), or (g) above respectively) of his wages

earned during the period of employment ending with his termination in respect of which no vacation or vacation pay to which he remains entitled has been paid or taken.

Section 4: General Rules

(a) The vacation period of May 1 to April 30.

(b) Vacations with pay provided in accordance with Section 1 above for employees in category (a) may not be counted when determining whether an employee has

qualified for the vacations provided under 1, for employees in categories (c), (d), (e), (f), or (g)

 

(c) Vacations with pay are not cumulative and must be taken during the vacation year except as provided below:

(i) Vacations earned under Section 4(d) below;

(ii) (1) At the start of the vacation year, employees may elect to receive all, part of or none of their vacation pay in advance;

 

(d) A vacation with pay provided under Section 1, for employees in category (a) may be taken during the vacation period in which the entitlement thereto is established, or during the next following vacation period.

 

(e) No employee may continue to work and draw vacation pay in lieu of taking the vacation.

 

(f) The allocation of vacation times is to be decided by the Company. However, the Company will endeavour by discussion with the employees or the Union, to arrange vacations to suit the employees’ wishes.

(g) Time lost as a result of an accident recognized as compensable by Workers’ Compensation Board, suffered during the course of employment with the Company, shall be considered as time worked for the

purpose of calculating entitlement upon return to work.

 

(h) Time lost as the result of a non-occupational accident, illness or approved maternity leave, shall be considered as time worked for the purpose of qualifying for vacation entitlement upon return to work; provided

the employee has been on the payroll for not less than one (1) year at the time of onset of disability, illness or approved maternity leave. It is understood that the employer may require that the employee

provide a certificate from a qualified medical practitioner.

 

(i) Time lost as the result of lay-off shall not be considered as time worked for the purpose of qualifying for a vacation.(j) It is understood that an employee’s vacation shall be exclusive of a paid holiday,

as recognized by the Kruger Products L.P.Labour Agreement. Therefore, if one or more such holidays fall within the employee’s vacation period, he/she will be required to take the comparable number of additional days off

within the vacation year.


Day Workers - If a Statutory holiday occurs during the employee’s vacation time there will be an automatic deferment of Statutory holiday pay until the employee takes a day off.

Tour Workers - If a Statutory holiday occurs during the employee’s vacation time the employee will have the option of deferring payment of the Statutory holiday until the employee takes a day off.

(k) Employees who qualify for vactions under Section 1 (c), (d), (e), (f) or (g) may at their option elect to forfeit one (1) week of vaction, subject to the Employment Standards Minimum, and be paid the vaction pay they

would have received in lieu of the week of vacation.

Employees must declare their intention for this option in writing, prior to the start of the vacation year, and will be paid out between May 15th - 31st of the vaction year.

Section 5: Computation of Vacation Pay

Where an employee’s vacation pay for the current year is to be computed as a percentage of his "total wages earned" in the previous year, such "total wages earned" shall include the amount of vacation pay
the employee received in the previous year.

ARTICLE XVI - SUPPLEMENTARY VACATION

Section 1: Eligibility

After completing five (5) or more years of continuous service with the Company, an employee shall, in addition to the regular vacation to which he is entitled, become eligible to receive a Supplementary Vacation with

pay each five (5) years as follows:

Years of Completed Weeks of Continuous Service                                           Weeks of Supplementary Vacation

After Five                                   (5)                                                                   One                           (1)

After Ten                                  (10)                                                                   Two                          (2)

After Fifteen                             (15)                                                                   Two                          (2)

After Twenty                            (20)                                                                   Three                        (3)

After Twenty-five                      (25)                                                                  Three                        (3)

After Thirty                               (30)                                                                   Four                          (4)

After Thirty-five                         (35)                                                                  Four                          (4)

After Forty                                (40)                                                                   Five                          (5)

Section 2: General Provisions

(a) The Supplementary Vacation may be taken in conjunction with the regular vacation to which the employee is entitled provided such regular vacation is not scheduled to be taken during the months of July or August,

in which event the Supplementary Vacation shall be taken at a time to be agreed upon by the Company and the employee.

 

(b) The Supplementary Vacation must be taken prior to the employee becoming eligible for his next earned period of Supplementary Vacation as provided for in Section 1 previously.

 

(c) One (1) week’s Supplementary Vacation pay shall be equal to forty (40) hours at the straight time hourly rate of the employee’s regular job.

 

(d) For the purpose of determining eligibility for Supplementary Vacation, an employee’s service shall be calculated from the date of his joining the Company.

(e) An employee may elect to take his Supplementary Vacation one day at a time according to the following schedule:

after 5 years’ service   - one (1) day per year

after 10 years’ service - two (2) days per year

after 15 years’ service - two (2) days per year

after 20 years’ service - three (3) days per year

after 25 years’ service - three (3) days per year

after 30 years’ service - four (4) days per year

after 35 years’ service - four (4) days per year

after 40 years’ service - five (5) days per year

(f) If the employee wishes to elect this option, he must advise the Company, in writing, of his election in advance for that 5-year period. However, employees may revoke this option at any time during the

five (5) year period and take any remaining Supplementary Vacation days as weeks. Any remaining Supplementary Vacation days that cannot be taken in multiples of five (5) will be taken in one block.

Section 3: Partial Entitlement

At retirement or termination from the Company, an employee who has completed five (5) or more years of service shall be entitled to that portion of Supplementary Vacation pay proportionate to the
number of years of service completed subsequent to his last five-year entitlement period.

ARTICLE XVII - STATUTORY HOLIDAYS

Section 1: Recognized Days

The following shall be the recognized holidays:

New Year’s Day   - 40 hrs. commencing at 4:00 p.m. December 31st.

Easter Monday    - 24 hrs. commencing at 8:00 a.m. Monday

Canada Day        - 24 hrs. commencing at 8:00 a.m. July 1st.

Labour Day         - 24 hrs. commencing at 8:00 a.m. Monday

Christmas Eve     - 24 hrs. commencing at 8:00 a.m. December 24th.

Christmas Day     - 24 hrs. commencing at 8:00 a.m. December 25th.

Boxing Day          - 24 hrs. commencing at 8:00 a.m. December 26th.

Section 2: Adjustment in Hours

The hours of commencing and ending, specified above, may be varied by mutual agreement of the Management and Union Standing Committee, and the specified hour of commencing or ending will be adjusted to

coincide with the regular hours for changing shifts.

In the event that Canada Day falls on Sunday, the following Monday will be observed and the specified hours correspondingly changed.

Section 3: Holiday Work

(a) The Company will provide the Union with not less than 30 days notice of the general scope of operating and/or maintenance plans on statutory holidays. Unanticipated weather conditions or maintenance requirements

may alter those plans.

(b) On Christmas Eve, Christmas Day and Boxing Day, operational and maintenance manning required will be identified on a scheduled crew basis. Any employee who wishes to be excused from working on a particular

statutory holiday will be accommodated provided a request for leave is requested 7 days in advance of the statutory holiday and provided that a trained volunteer can be found to replace him for the shift. If no trained

volunteer is found, the employee will be required to work the shift.

 

(c) Employees who work at Christmas shall be paid double-time for work during that period identified in Paragraph (b).

 

(d) When notice is not provided to work on a statutory holiday, no work shall be done except as follows:

(i) Any work necessary in the protection of life and property.

 

(ii) Any major maintenance or repair work, not including machine clothing and wires, which is necessary in order to prevent material subsequent curtailment of employment of a substantial number of employees

may be done on holidays, provided that no machine or equipment is involved in production purposes during the holiday shutdown period.

 

(iii) Any preparatory work which would result in the resumption of production as early as possible following the end of the holiday; it being understood that:

(1) Early start-up will be limited to the holiday, not exceeding twenty (20) hours per contract for all holidays.

(2) Start-up crews will be limited to the minimum number and will be filled on a volunteer basis, or scheduled as necessary.

(3) The four (4) hour limitation does not apply to employees whose regular duties require them to work on recognized holidays.

(4) Emergency unloading of ships except during the 24-hour period commencing 8:00 a.m. Christmas Day and ending 8:00 a.m. Boxing Day.

 

Section 4: Pay for Holiday Work

 

(a) Overtime shall be paid for all work performed during holidays at the rates hereinafter specified.

(b) An employee who works on such a holiday shall receive equal time off with pay at his straight time hourly rate. Such time off shall be treated in the same manner as a Special (Personal) Floating Holiday.

Section 5: Qualifying Conditions

In addition to any other compensation earned, any employee who is on the payroll of the Company on any of the foregoing recognized statutory holidays, will be granted eight (8) hours pay at the

straight time rate of the employee’s regular job, subject to compliance with all of the conditions (a) to (j) set forth below:

(a) The employee must have been on the payroll for not less than the sixty (60) days just preceding the holiday and must have previously qualified for a statutory holiday as provided in (d) below, and

(b) The employee must have worked at least one (1) day during the sixty (60) day qualifying period just preceding the holiday, and

(c) The employee must have worked his scheduled work day before, and his scheduled work day after such holiday, unless failure to work his scheduled work day before or after the holiday was due to any of the following events:

(i) When the employee is on his regular authorized paid vacation;

(ii) When the employee is unable to work by reason of an industrial accident as recognized by the Workers’ Compensation Board or non-occupational sickness or injury;

(iii) When the operation in which the employee is engaged is curtailed or discontinued by the decision of the company and which curtailment or discontinuance changes or eliminates the employee’s scheduled work day

before, or his scheduled work day after such holiday;

(iv) When a trade in shifts agreed upon between employees and approved in advance by the Company results in a temporary change of the scheduled work day before, or the scheduled work day after the holiday,

provided the employee works the shift agreed upon;

(v) When the employee is on leave of absence authorized by the Company.

 

(d) The employee who has been on the payroll for at least sixty (60) days but who has not previously qualified for a statutory holiday will qualify for the holiday if he has worked a minimum of one hundred and

eighty (180) hours during the sixty (60) day qualifying period just preceding the holiday and meets the requirements of (b) and (c) above.

 

(e) Time lost as the result of an accident as recognized by the Workers’ Compensation Board suffered during the course of employment, or time lost as a result of a non-occupational sickness or injury shall be

considered as time worked for the purpose of qualifying for a recognized paid holiday, it being understood that the employee will only be entitled to this credit for time while on Workers’ Compensation or non-occupational

sickness or injury for a period of up to but not exceeding one (1) year from the date of his sickness or injury.

 

(f) It is understood and agreed, however, that an employee shall not receive the above provided holiday pay if he has agreed to work on such holiday and fails or refuses to work, except in the case where bona fide

sickness, or other bona fide reason approved by the Company, prevents his working on such holiday.

(g) An employee required to work on a statutory holiday, in accordance with Article XVII, Section 1 will be granted a day off from his schedule without pay, if he so requests. The date of such a day off will be determined by

mutual agreement between the employee and his supervisor but must be within ninety (90) days following the holiday.

(h) When a statutory holiday falls on an employee’s regular day off he may elect to defer the statutory holiday pay for a period of one (1) year from the statutory holiday.The deferred statutory holiday hours and holiday pay

may be used in combination with floating holidays, banked time, statutory holidays, and vacation.The statutory holiday pay will be paid out on a first in, first out basis. If the deferred time off is not taken by the end of the

year in which it was earned, the Company shall pay out the deferred statutory holiday pay.Employees electing this option must advise the Human Resources Department seven (7) days prior to the statutory holiday.

(i) In recognition of time off not gained by holiday shutdowns because of work schedule, all employees whose regular work week is Tuesday through Saturday shall be granted, at the employee’s request, two (2)

additional days holiday per year. The scheduling of such days to be decided by agreement between the employee and his supervisor.

(j) At the request of the employee, the Company will make every reasonable effort to grant an employee an additional day off if a statutory holiday falls on his regular scheduled day off.

 

ARTICLE XVIII - SPECIAL (PERSONAL)
FLOATING HOLIDAYS

Section 1: Floating Holidays

There shall be granted annually six (6) Special Personal Floating Holidays with pay to regular full-time employees, such special holidays to be arranged at a time suitable to the employee and the Company,

during the contract year, so that there will be no loss of production.

There shall be granted six (6) Twelve-Hour Special Personal Floating Holidays to those employees who are defined as Tour Workers.

It is agreeed that the sixth SPFH day is in lieu of Family Day.  Should there be a legislated change removing Family Day as a statutory holiday, this sizth SPFH will be revoked

Section 2: Qualifying Conditions

For each Special (Personal) Floating Holiday taken, an employee will be granted eight (8) hours’ pay or twelve (12) hours pay for Tour Workers on the straight time rate of the employee’s regular job subject to the following:

(a) A new employee must have been on the payroll for not less than ninety (90) days to qualify for his first Special (Personal) Floating Holiday and on the payroll for one hundred and eighty (180) days to qualify for his

second Special (Personal) Floating Holiday.

(b) Employees will not qualify for Special (Personal) Floating Holidays if on leave of absence of more than nine (9) months in the contract year, except in the case of sickness or injury.

(c) If an employee is required to work on any of these Special (Personal) Floating Holidays after a definite date has been designated for such holidays, the employee shall be paid overtime for such work at the rate

of time and one-half. The employee will then be entitled to take the said holiday or holidays with pay at a later date to be mutually agreed upon.

(d) When the holiday is requested in writing seven (7) days in advance, the payment of overtime shall not be a factor in the granting of his Special (Personal) Floating Holidays. The employee shall receive written

notice of the disposition of his request a minimum of seventy-two (72) hours prior to the requested Special (Personal) Floating Holiday.

 

ARTICLE XIX - SENIORITY

Section 1: Principle

In promotions or lay-offs, and in re-employment of seasonal employees, competency and other things being sufficient, the principles of seniority will govern. In any case of promotion, lay-off, or re-employment,

the Standing Committee of the Signatory Union shall be consulted by the Management and be privileged to present recommendations which will be considered by the Management prior to decision by Management.

In cases where time does not permit such prior consultation, the Management shall take temporary action only, until the recommendations of the Union Standing Committee can be considered. Management shall

give the Union Standing Committee written notice in each instance in which it, without agreement of Standing Committee, decides to and does promote, lay off or re-employ out of the established line of seniority

on the grounds that a junior employee is better qualified than a senior employee. The Local Union may pursue a complaint as to Management’s evaluation of comparative qualifications provided that within ten (10) days

after receipt of such written notice of Management’s decision, the Local Union gives written notice to Management that it desires consideration of the complaint by the local Mill Manager and the Local Union.

If a satisfactory settlement is not reached at that level, the Union may carry the issue through all further steps in the manner and under the provisions of the Agreement covering adjustment of complaints.

Section 2: Welfare Coverage

(a) At his request, an employee with one (1) or more years’ seniority may have his welfare coverage continued for six (6) months while on lay-off.

(b) At his request, an employee with more than four (4) months but less than one (1) year’s seniority may have his welfare coverage continued for three (3) months while on lay-off.

(c) An employee who elects to maintain coverage while laid off will be required to pay the employer portion of the premium in advance on a monthly basis.

(d) An employee who has welfare coverage as provided for in paragraphs (a) and (b) above, will on return to work have his welfare coverage extended by one (1) month for each month in which he works.

Section 3: Retention of Seniority

Laid off employees shall retain seniority on the following basis:

(a) Employees with less than one (1) year’s continuous service shall retain their seniority for a period of six (6) months from the date of lay-off.

(b) An employee with one (1) or more years of continuous service shall retain these rights for eighteen (18) months from the date of lay-off, plus two (2) additional months for each year of service up to an

additional twenty-four (24) months.

 

Section 4: Failure to Report

Failure of the employee to report for work within one week of notice by registered mail at his last address reported to and received by the mill shall result in his termination of employment with the Company.

Bona fide reasons for failure to report shall not deprive an employee of his recall rights.

Section 5: Probationary Employee

Until an employee has been on the payroll of the Company for forty (40) calendar days, or until he/ she has accumulated thirty (30) working days in a ninety (90) calendar day period, he/she shall be considered a

probationary employee and shall have no rights under Article XIX with respect to seniority.

 

ARTICLE XX - JOB ELIMINATION

Section 1: Definition

Job elimination means permanent loss of employment as the result of company decisions to eliminate positions, excluding those in Section 2 below.

Section 2: Exclusions

No payment will be made under Section 5 in cases:

(a) of curtailments of a temporary or indefinite duration.

(b) of employees hired for work of known or temporary duration.

(c) where the employee has already qualified under technological change or permanent mill closure provisions.

 

Section 3: Notice

The company will advise the Standing Committee at least forty-five (45) days prior to such job elimination. Crew reduction will be in accordance with Article XIX - Seniority.

Section 4: Elimination Options

An employee who qualifies under paragraph 1 above may elect one of the following options:

(a) Recall and seniority retention as per Article XIX Seniority, or

(b) Severance allowance as per Section 5 below.

 

Such employee must elect his option within thirty (30) days of notification that his loss of employment is permanent. If Option (b) is selected, the employee will be deemed to have terminated effective the

last day worked. Where a temporary curtailment becomes permanent, severance eligibility will be determined by the status of the employee at the time of the temporary curtailment.

Section 5: Severance Allowance

Severance allowance will be calculated by one of the two following methods, it being the choice of the affected employee as to which of such methods of calculation is used.

 

Years of Employment

Severance Allowance

Weeks per year of service

% of earnings

1st Twenty (20) Years

2

4%

Subsequent Years

1

2%

Maximum Severance Allowance

52 Weeks *

2080 Hrs

* Computed on the basis of forty (40) straight time hours at the employee’s regular rate.

For employees with a minimum of one (1) year’s employment during their last period of continuous service, severance allowance shall not be less than four (4) weeks’ pay.

Employees will have their welfare coverage continued for the current month plus two (2) additional months from their date of termination.

The severance allowance will not be more than the employee would normally receive if he remained at work at forty (40) hours per week to his normal retirement date.

At the time of separation, the employee shall have the option of receiving his severance allowance on termination, or he may elect to have his severance allowance held in abeyance for up to one

year from the date of termination. He may apply in writing at any time during the year, at which time his full severance allowance will be paid forthwith.

ARTICLE XXI - JOB SECURITY

Section 1: Objective

The Company and Union recognize that technological change, while necessary to the industry, may have an impact on employees. It is the purpose of the following provisions to assist employees in adjusting to

the effects of such change.

Section 2: Definition

Technological change, which term shall include automation, mechanization, and process change, means the introduction of equipment or material of a different nature or kind than that previously utilized, or a

change in the operation that is directly related to the introduction of that equipment or material.

Section 3: Joint Committee

A joint committee on automation will be established, which will consist of three (3) persons representing Management and three (3) persons representing the Union. It shall be the function of the Committee to

study the effect of technological changes on employment in the mill, and to make such recommendations as are agreed upon, to the Mill Manager, to ensure that the interests of the Company and of the employees is fairly

and effectively protected.

Section 4: Required Notice

The Company will advise the appropriate committee or committees as soon as possible, and in any case, not less than one hundred and eighty (180) days before the introduction thereof, of mechanization, technological

changes and/or automation which the Company has decided to introduce and which will result in terminations or other significant changes in the employment status of employees.The Company will advise the appropriate

committee or committees as soon as possible and in any case not less than thirty (30) days before the expected date of the change of the anticipated time sequence of final installation and production start-up, and the

anticipated effect on the job status of individual employees.

Section 5: Seniority Status

(a) In the event that it is necessary, crews will be reduced in accordance with the seniority section of this Agreement.

(b) An employee who is set back to a lower paid job because of mechanization, technological change or automation will receive the rate of his regular job at the time of the set-back for a period of six (6) months, and

for a further period of six (6) months, he will be paid an adjusted rate which will be midway between the rate of his regular job at the time of the set-back and the rate of his new regular job. At the end of this twelve

(12) month period, the rate of his new regular job will apply. However, such employee will have the option of terminating his employment and accepting severance pay as outlined in Section 6 (a) below, provided he

exercises this option within the initial six (6) month period referred to above.

(c) An employee assigned to an equal or higher rated job because of mechanization, technological change or automation, will have the option of terminating his employment and accepting severance pay as outlined

in Section 6 (a) below if that job should prove to be unsuitable, provided he exercises his option within six (6) months of starting on the job.

In case of a dispute concerning suitability of the job, the employee may process a grievance.

 

Section 6: Severance Allowance

(a) An employee with one (1) or more years of continuous service for whom no job is available because of mechanization, technological change or automation will, upon termination, receive a severance allowance

calculated by one of the two following methods based on his last period of continuous service, it being the choice of the effected employee as to which of such methods of calculation is used.

 

Years of Employment

Severance Allowance

Weeks per year of service

% of earnings

1st Twenty (20) Years

2

4%

Subsequent Years

1

2%

Maximum Severance Allowance

52 Weeks *

2080 Hrs

*     Computed on the basis of forty (40) straight time hours at the employee’s regular rate.

For employees with a minimum of one (1) year’s employment during their last period of continuous service, severance allowance shall not be less than four (4) weeks’ pay.

No payment will be made under this Section in cases where the employee has already qualified under Article XX - Job Elimination or under Article XXII, Section 2 - Permanent Mill Closure.

(b) Such employees from whom no employment is available will be given at least thirty (30) days notice separation.

At the time of separation, the employee shall have the option of receiving his severance allowance on termination, or he may elect to have his severance allowance held in abeyance for up to one year from the date of termination.

He may apply in writing at any time during the year, at which time his full severance allowance will be paid forthwith.

Where the employee renounces the right of recall during this period, the employee will be terminated and his severance allowance paid forthwith with all seniority and recall rights being forfeited.  

Employees will have their welfare coverage continued for the current month plus two (2) additional months from their date of termination.

Section 7: Training

The Company agrees to participate in a program of training or retraining for another job within the operation, those employees who are displaced under the circumstances set forth in this section.

Section 8: Voluntary Lay-off

If an employee wishes, he may elect to take a temporary lay-off (s) provided a trained replacement is available, in order to keep a junior employee working.

The time frame of the lay-off to be determined by the Department Head and Union Department Representative.

Management maintains the right to recall the employee at any time who elected this option. The employee must be available for recall unless a bona fide reason is provided.

 

ARTICLE XXII - PERMANENT MILL CLOSURE

Section 1: Notice

An employee terminated as a result of permanent planned closure of the mill shall be given a minimum of sixty (60) days notice of the closure.

Section 2: Severance Allowance

Such employees shall be entitled to a severance allowance of two (2) weeks per year of service to a maximum of sixty (60) weeks based on the employee’s years of employment during the employee’s last

period of continuous service computed on the basis of forty (40) straight time hours per week at the employee’s regular rate.

For employees with a minimum of one (1) year’s employment during their last period of continuous service, the severance allowance shall not be less than four (4) weeks pay.

Employees will have their welfare coverage continued for the current month plus two (2) additional months from their date of termination.

 

ARTICLE XXIII - CONTRACTING

 

(a) The Company will notify the Union of their intention to have work performed by contractors in the mill and will, emergencies excepted, afford the Union the opportunity to review it with the Company

prior to a final decision being made. For this purpose, a Joint Contracting Committee will be established and it will be used as a forum to discuss the Company’s contracting decisions.

The Company and the Union will provide as much maintenance and repair work as possible to the regular maintenance work force, the Committee will also meet quarterly to make recommendations regarding

the utilization of the mill maintenance work force to minimize the use of contractors, both inside and out of the mill.

(b) The Company will not bring a contractor into the mill:

 

(i) which directly results in the lay-off of employees, or

(ii) to do the job of employees on lay-off, or

(iii) to do the job of a displaced employee working outside his job category.

 

(c) It is not the intent of the Company to replace its regular work force through the use of contract firms.

For greater clarity it is agreed that:

(a) The changes which provide that it is not the intent of the Company to replace its regular work force through the use of contract firms will not set aside existing external work arrangements and practices.

(b) Working under the flexible work practice provisions does not mean that an employee has been displaced and is working outside his job category.

 

ARTICLE XXIV - DISCIPLINARY ACTION

 

The Company has the right to discipline or discharge employees for just and reasonable cause.

The disciplinary record of an employee, including letters of reprimand or warnings, shall not be used against him/her at any time after twelve (12) months.

In cases involving suspension, the disciplinary notice will remain on the employee’s file for twenty-four (24) months and not used after that period provided no other discipline has occurred during that time.

The presence of a Shop Steward is mandatory at any meeting during which the employee is disciplined.

 

ARTICLE XXV - ADJUSTMENT OF COMPLAINTS

 

Section 1: Grievance Procedure

Step One

Should there be any dispute or complaint as to the interpretation of any of the clauses of this Agreement, or any grievance arising out of the operation of this Agreement, except in cases of discharge or suspension,

the employee shall continue to work as per the conditions existing prior to the time the dispute, complaint or grievance arose, and such dispute, complaint or grievance shall first be taken up with the Supervisor

by the employee with or without the Shop Steward.

Step Two

If no satisfactory settlement is made, the employee may, within thirty (30) days, refer the question to the Union Standing Committee. Within three (3) days after written notification by either the Union or Company

Standing Committee to the other of the existence and general outline of any dispute, complaint, or grievance, the Company Standing Committee and the Union Standing Committee shall agree on a mutually

satisfactory date for a meeting thereof, but in no case longer than five (5) days after such notice shall nevertheless be dealt with.

Step Three

If the two Standing Committees are unable to arrive at a satisfactory settlement within five (5) days, the question may, within thirty (30) days be taken up directly with the Mill Manager.

Step Four

If the Mill Manager and Union are unable to come to a satisfactory settlement within five (5) days, the question may, within thirty (30) days, upon the written request of either the Mill Manager or the Union(a copy of which request

shall be delivered to the other party), be referred to the Regional Vice-President of the National Union or his representative, and an official of the Company, neither of whom has previously judged the case in accordance with this section.

Step Five

If the Regional Vice-President of the National Union or his representative and the said Company official are unable to agree upon a satisfactory settlement the matter may, within thirty (30) days be referred to an Arbitrator.

Section 2: National Officer

It is understood that in all discussions concerning grievances, any National Officer may accompany the Union Standing Committee in their meetings and the National Officer may call upon members of the Union Standing

Committee or any other employee to accompany them in their meetings with Company Officials.

Section 3: Time Limit

(a) In the event a grievance has not advanced to the next step within the time limit set forth in Section 1, then the grievance shall be deemed to be abandoned and all rights of recourse to the Adjustment of Complaints

under this Agreement in respect of this grievance shall be at an end.

(b) The time limit between steps may be extended by mutual consent.

Section 4: Arbitration Procedure

(a) The Company and the Union will endeavour to agree upon the selection of the Arbitrator. In the event the Company and the Union are unable to agree upon the selection of the Arbitrator, they will apply,

within the thirty (30) day period, to have the Arbitrator appointed under the provisions of the Labour Code of B.C.

(b) After the Arbitrator has been chosen, he shall meet and hear evidence of both sides and render a decision within fifteen (15) days after he has concluded his hearings, said decision to be final and binding upon

all parties to this Agreement.

(c) The parties shall bear in equal portions the fees and expenses of the Arbitrator and rental of any premises used for the hearing.

(d) The Arbitrator shall be restricted to interpreting and applying the provisions of this Agreement and shall have no authority to alter, modify, subtract from or supplement them in any way.

(e) In the case of discharge or suspension which the Arbitrator has determined to have been unjust, the Arbitrator shall order the reinstatement of the employee and shall award him back pay.

In the case of back pay, should there be any doubt in the opinion of the Arbitrator, the Arbitrator may order all or part back pay as he deems fit.

(f) In all matters of procedure not covered by the provisions herein, including alternate procedure for the selection of the Arbitrator, the provisions of the Labour Code of B.C. (Statutes B.C. 1973,
Chapter 122 and Amendments thereto) shall apply.

 

ARTICLE XXVI: FLEXIBLE WORK PRACTICES

 

Flexible work practices will be implemented consistent with the following Letter of Understanding.

Letter of Understanding - Flexible Work Practices

(a) The introduction of flexible work practices is designed to improve productivity, improve product quality, reduce down time and lower costs while ensuring that the work is completed in a safe manner.
The efficiencies that result from flexible work practices are also intended to assist in fulfilling the intention of Article 23 of the Collective Agreement.

(b) The parties agree that this letter on flexible work practices recognizes that the primary responsibility for the operation of the mill will remain with operators and the primary responsibility for

maintaining the mill will remain with trades persons and steam plant maintenance employees.

(c) It is understood that the intent of this letter will supersede local practices, and verbal and written agreements which would impair the implementation of flexible work practices.

(d) All work will be performed in a manner consistent with safety articles of the Collective Agreement as well as the company’s safety rules and the regulations issued by the Workers’ Compensation Board of B.C.

It is recognized that some tasks can only be performed by employees who possess certain government certifications and in that instance, the work will only be performed by employees who possess the required government certificate.


(e) The intent of this Agreement is to provide that all employees will safely utilize all of their existing skills and maximize their productivity and learn and use new skills to enhance their effectiveness.

(f) The Company and the unions will meet to discuss a module based training program that will enhance the existing skills of employees. They will also discuss the option of using trainers from the bargaining unit

to assist in the design and delivery of the training modules. The Company will design and introduce new training programs to facilitate the implementation of and evolution of flexible work practices.

(g) All employees will be required to complete training programs as prescribed by the Company and utilize new skills acquired as a result of training. Training will be consistent for all employees in each job classification.

(h) The parties recognize that the acquisition of new skills that facilitate the implementation of flexible work practices is an ongoing process and will continue over time to support the changing needs of the business.

(i) Flexible work practice payments are rolled into wage rates. The parties agree that there will be no pyramiding of credits under the job evaluation plan for duties that are being compensated for under the Flexible Work Practices Agreement,

unless the changes constitute new regular job duties added to their classification as defined by the job evaluation plan. These new regular job duties must result from either new or changed procedures / equipment or from the permanent reassignment of

duties from another job classification.

(j) Training programs implemented under point (6) are not intended to force qualification in another trade.

(k) The Company agrees that no employee will lose their employment with the Company as a direct result of the implementation of flexibility initiatives under this letter.

This provision applies to only those employees employed at the date of ratification of this Agreement.

(l) No trades person or apprentice will be involuntarily displaced from their respective trade on a permanent basis as a result of the implementation of flexible work practices.

(m) It is not intended that flexible work practices shall result in a trades person being assigned to a non trades classification when someone outside of his trade is performing his trade core duties.

(n) The Company agrees that no employee’s regular job rate will be reduced when he is assigned to perform work under this work place flexibility agreement. This does not apply to an employee who is laid off

or whose job is temporarily curtailed and is recalled or works in a different job category on the basis of mill seniority.

(o) The Company commits to maintain Apprenticeship Agreements.

(p) For the term of the renewed Collective Agreement, the Company and Union Standing Committees will meet quarterly to discuss issues related to productivity, morale, profitability, work opportunities,

market conditions, any alleged discrimination, the ongoing effectiveness of flexible work practices and any other problems related to flexible work practices.

(q) The parties agree that disputes relating to the implementation of this letter shall be reviewed by the Joint Committee, which will make every effort to resolve these disputes in accordance with the spirit and terms of this letter.

 

ARTICLE XXVII - HEALTH AND WELFARE PLAN

 

Section 1: The Plan

A Health and Welfare Plan shall be available to the employees through the Company as summarized in Exhibit C and forms part of this Agreement.

Section 2: Joint Union - Management Welfare Committee

The Union Welfare Committee shall be appointed and shall meet with the Management Welfare committee with respect to questions that may arise concerning the operation of the Welfare Plan. 

If there is only only one Union in the Mill, the Union Welfare Committee shall consist of not less than two (2) and not more than three (3) members:  If there are two unions in the mill it shall consisit

of not less than three (3) nor more than five (5) members,  it being agreeed that such committee members shall be selected by the Union or Unions concerned from the participating employees

who are working in the mill at the time of appointment to and while serving on the committee.  The company shall appoint a Management Welfare Committee consisting of not less than two (2) and

not more than the aggregate number of members of the Union Welfare committee.

The function of the committee will be to review the operations of the Plan and to permit the committee to ensure compliance with the terms and conditions of Exhibit "c".  The company agrees to furnish to the

Committee such reports as the Committee may require.

 

ARTICLE XXVIII - PENSION PLAN

 

The employer agrees to submit a letter to the Pension Plan Trustees recommending that banked overtime earned, when taken off the following calendar year, will be treated in a like manner to banked overtime

hours taken off earned before the employee reached the 2080 hour cutoff.

Section 1: The Plan
The Company is a member of the B.C. Pulp and Paper Industry Pension Plan and agrees to abide by the terms, conditions, and rules of the Plan as administered by its Trustees.

Section 2: Contributions
The Company contribution level will remain at 10% for the term of the agreement. Employee contributions will remain at 8% for the term of  the agreement.

Section 3: Governance

The Company agrees to the revised governance of the plan as proposed below.3 Trustees appointed by the member employers3 Trustees elected or appointed by the C.E.P.3 Trustees elected or appointed

by the PPWCThe Union agrees to provide the Company with audited financial statements and actuarial valuations as per the plan.

Section 4: Details of Industry Plan

The complete text of the B.C. Pulp and Paper Industry Pension Plan is available, upon request, at the Human Resources Office and may be examined by a member at any time. In the event of any conflict between the

terms of the Industry Pension Plan and Article XXVII, the terms of the Industry Pension Plan will govern.

Section 5: Bridge Benefit

a)   Bridge Benefit

The parties agree to refer the matter of integrating the bridge provisions into the Pulp and Paper Industry Pension Plan to the Board of Trustees for their review and consideration.

On the above issue, it is agreed that prior to the implementation of any change to the Pulp & Paper Industry Pension Plan or proceeding with the review, there must be unanimous approval of the nine (9) trustees.

b)   Pension Bridging Benefit      

The Company shall provide employees with a pension bridge annuity of twenty dollars ($20.00) per month per year of service at age sixty (60) or older who retire prior to attaining age sixty-five (65). 

The pension bridge benefit will not be payable beyond age sixty-five (65).  The calculation of the pension bridge benefit shall be credited on the same basis as under the terms and conditions of the Pulp & Paper Industry Pension Plan.

     

An employee who chooses to retire at age fifty-five (55) or later shall have access to the bridging benefit paid by the Company when they reach age sixty (60).

 

ARTICLE XXIX - APPRENTICESHIP TRAINING PROGRAM

 

Section 1: Training Program

It is agreed that there shall be an Apprenticeship Training Program, the provisions of which are set forth in Exhibit B, which is attached hereto and forms part of this Agreement.

Section 2: Apprenticeship Act

It is understood, however, that the grievance procedure as set forth in Article XXV - Adjustment of Complaints shall not be applicable to those matters covered by the Apprenticeship and Tradesmen’s Qualification Act, which,

by said Act, are deemed to be outside the jurisdiction of the Union.

 

ARTICLE XXX - GENERAL RULES FOR GUIDANCE

 

Attached hereto is Exhibit D concerning the General Rules for Guidance. This is hereby incorporated into the Collective Agreement.

IN WITNESS WHEREOF, We the undersigned, have as the accredited representatives of the respective parties of this Agreement, hereunto set our signatures this 31st day of October, 2012.

KRUGER PRODUCTS L.P.

WESTERN MANUFACTURING DIVISION

C. Stewart
J. Fulton
P. Service

K. Thorne

COMMUNICATIONS, ENERGY AND PAPERWORKERS

UNION OF CANADA

LOCAL 456

C. May

M. Green

D. Bowman

A. Marsh

M. Booth

CEP National Representative, S. Doherty

 

 

EXHIBIT A

JOB EVALUATION PLAN

Section 1: The Job Evaluation Plan

The Job Evaluation Plan is a plan developed for the purpose of uniformly evaluating and appraising jobs according to the skill, working conditions and responsibility factors required by and contained in each

job, thereby resulting in the establishment of a uniform method of wage rate determination based upon job conditions which will provide job rates equitable and proper in their relationship with each other and with the base rate.

Section 2: The Scope and Limitations of the Plan

(a) The Job Evaluation Program shall not be applied to the mechanical trade jobs and boiler house jobs.

(b) Except as provided in Section 2(a) above, all jobs covered by the Labour Agreement between Scott Paper Limited, Western Manufacturing Division, and Local 456 of the Communications, Energy and Paperworkers

Union of Canada which are dispute jobs, new jobs, or jobs which have materially changed shall be considered eligible for evaluation when presented in the manner prescribed herein to the Job Evaluation Board hereinafter

provided for.

Section 3: Administration and Procedure

(a) Job Evaluation DirectorsThe Job Evaluation Directors shall be composed of one (1) representative of the Communications, Energy and Paperworkers Union of Canada, and one (1) representative of Kruger Products L.P.,

Western Manufacturing Division.It shall be the duty of the Job Evaluation Directors:

(i) To direct and supervise the functioning of the Job Evaluation Program in accordance with the policies and procedures adopted by the Communications, Energy and Paperworkers Union of Canada, Local 456, and

Kruger Products L.P., Western Manufacturing Division, through wage negotiations.

(ii) To receive reports from the Plant Evaluation Committee and to recommend improvements where necessary in the procedure of the Committee.

(iii) To review the general operation of the Job Evaluation Board as to methods, factors, procedures, delays and to order such reviews or surveys of job fields as necessary.It shall also be the duty of the Job Evaluation Directors

to adjudicate any disagreements which might arise in the functioning of the program.

(iv) To direct the Job Evaluation Board as to changes in methods which do not constitute basic changes. The Directors shall neither negotiate rates nor exercise any of the collective bargaining functions of Union or the Company.

(v) To recommend improvements in the Job Evaluation Program to the Wage Negotiating Committee is vested the power to amend, add to, or subtract from, the Plan.

(b) Job Evaluation Board

(i) The Job Evaluation Board shall consist of one (1) representative of the Communications, Energy and Paperworkers Union of Canada and one (1) representative of Scott Paper Limited - Western Manufacturing Division.

(ii) It shall be the duty of the Job Evaluation Board to evaluate and set the rate of any job presented for evaluation in accordance with this Program. It shall also be the duty of the Board to develop, revise, and maintain

in an up-to-date manner the uniform Labour Agreement tables and charts necessary to the functioning of the Job Evaluation Plan as directed by the Directors. All decisions of the Job Evaluation Board must be agreed

to by both members of the Board before becoming official.

(c) Plant Evaluation Committee

(i) The Local Mill Manager and the Local Union shall create a Plant Evaluation Committee which shall consist of not less than two (2) nor more than three (3) members representing the Company.

(ii) It shall be the duty of the Plant Evaluation Committee:

(1) To act upon all requests for job evaluation within the scope and limitation of the Program, as stipulated in (2) above which may arise in the mill and to make application to the Job Evaluation Board on forms provided

when and if, in their opinion, such evaluation would result in a rate change. Any decision to submit a job to the Job Evaluation Board for evaluation must be unanimously agreed upon by all members of the Plant Evaluation Committee.

 

(2) To make investigations of jobs submitted for evaluation and to assist in pointing out factual and pertinent information relative to the job to the Job Evaluation Board at the time of evaluation.

 

(3) To make a written monthly report to the Job Evaluation Director which will include, (1) the number of jobs the Plant Evaluation Committee has submitted to the Job Evaluation Board for evaluation, and (2) a list of the jobs on

which the Union and Management members of the Committee have been unable to agree as to whether an evaluation should be made, with a statement of the facts on which the disagreement was based.

 

(iii) Either the Union or Management members of the Plant Evaluation Committee may request a review by the Job Evaluation Directors of any case of evaluation where, in their opinion, proper application of the job evaluation

standards has not been accomplished.

 

Section 4: General Policies

(a) The evaluated job rate arrived at through official evaluation by the Job Evaluation Board will be final and binding upon both parties unless review has been requested as provided in Section 3(c) to (ii)(3). In case of such review,

the decision of the Job Evaluation Directors shall be final and binding upon both parties. Where a number of appeals indicate a problem within a job field, then the Directors, providing they are unable to reach a solution, shall refer

such problem to the Wage Negotiation Committee for final determination.

(b) In cases where an official evaluation indicates an upward adjustment in the rate for a job, the adjustment will be retroactive to the date agreed upon by the Plant Evaluation Committee, which is entered on, and a part of, the

application for evaluation provided for in Section 3(c) to (ii)(1) setting forth the duties of the Plant Evaluation Committee.

(c) In any case where a new job has been created, the Plant Evaluation Committee will make application to the Joint Evaluation Board for a temporary rate for the new job. The temporary rate assigned will remain in effect

until the official evaluation is made. It will be the duty of the Plant Evaluation Committee to agree on a date on which the job became sufficiently stabilized to have permitted evaluation, and any increase resulting from the

evaluated rate will be paid retroactively to the agreed upon stabilization date of the job.

(d) The Job Evaluation Board will complete the evaluation of all jobs. Members of the Plant Evaluation Committee shall be invited to be present during the evaluation of the jobs; or, at the option of the Plant Evaluation

Committee, the Job Evaluation Board will explain in detail the evaluation computations to the Plant Evaluation Committee before leaving the mill. In those cases where it is not possible to complete at the mill, the Job Evaluation

Board will return to the mill and explain the evaluation computations before making the results official.

(e) Upon request, the Job Evaluation Board shall furnish to the Plant Evaluation Committee a copy of the job description and evaluation computation forms pertaining to any specific job that has been evaluated. The copies

of the form furnished are to be retained in the files at a suitable place, and will be open to members of the Plant Evaluation Committee for study or review.

(f) Members of the Plant Evaluation Committee or other employees in the mill who are relieved from their jobs during working hours to assist in carrying out the function of the Job Evaluation Program will be paid by the

Company at their regular job rates for the time during their regular shifts, thereby preventing any loss in regular income. Time put in on evaluation work outside the employee’s regular shift will not be paid for by the Company.

(g) Any member of the Plant Evaluation Committee whose shift conflicts with a Plant Evaluation Board scheduled meeting, will be relieved and compensated per examples.

Example 1: a member of the Plant Evaluation Committee who is working graveyard shift the night immediately preceding the date of the meeting will be relieved and compensated for that shift and if the meeting exceeds

four (4) hours in length, he will be relieved and compensated for the next graveyard shift.

Example 2: A member of the Plant Evaluation Committee who is working afternoon shift and who attends a scheduled meeting of the Plant Evaluation Committee during the day will be relieved and compensated for his

afternoon shift immediately following the meeting providing such meeting exceeds four (4) hours in duration.Mechanical TradesAny employee whose work is primarily in any one or more than one of the trades listed hereunder

shall be classed as a Mechanic:

Machinists

Adjusters

Millwrights

Carpenters

Electricians

Instrument Mechanics

Painters

 

EXHIBIT B

APPRENTICESHIP TRAINING PROGRAM

General Principles:
(a) The purpose of the Program is to provide Tradesmen of the highest calibre.

(b) The Apprenticeship Training Program will cover the Mechanical Trades as defined under Exhibit A of the current Labour Agreement between Kruger Products L.P.and the Communications, Energy and Paperworkers Union of Canada.General Principles

(c) The period of apprenticeship training will be defined by the Apprenticeship Branch for each trade. The Apprentice will receive the Journeyman rate on successful completion of his Apprenticeship or after successful completion of four years, whichever happens sooner, only on the understanding that he completes his full term of training. If the Apprentice refuses to continue his training, he will be removed from the Program with no standing as a Journeyman in his trade.

(d) Training syllabus for each trade to be designed to meet the requirements of the particular trade involved.

(e) All provisions of the current Labour Agreement between Scott Paper Limited and the Communications, Energy and Paperworkers Union of Canada shall be applicable to Apprentices in the Program.

(f) Apprentices hired with previous training may be placed into the Training Program at a level determined by the Joint Apprenticeship Committee, with advice from the Apprenticeship Branch.

(g) Under the Program, Apprentices will receive rates as per the Rates of Pay Section of the Collective Agreement.

Progression through the schedule of rates is subject to successful completion of prescribed theoretical training, practical training and tests. The schedule of rates applies on date of qualification or as otherwise provided for in Item K.

Joint Union - Management Apprenticeship Committee

(h) This Committee will be comprised of an equal number of Union and Management representatives not to exceed, in total, three from each group. The Human Resources Department will supply a coordinator.

The purpose of the Committee will be to develop and supervise the procedures required to carry out the intent of the Program as agreed to. The Apprenticeship Committee shall also function for the purpose

of considering policy questions and possible necessary amendments from time to time.

The Committee will also carry out the following duties:

(i) The Company to establish in-plant training programs to support the training syllabus as developed by the Apprenticeship Branch of the Department of Labour for each trade involved.

Supervision of the established program shall be the responsibility of the Joint Committee.

(ii) Set standards for entry into the Apprenticeship Program that are not inconsistent with the standards recommended by the Apprenticeship Branch.

(iii) Carry out periodic reviews of the training program at intervals of not more than three months.

(iv) See that the required practical tests are carried out in cooperation with the Apprenticeship Branch.

(v) Determine the tool requirements by years of training.(vi) Joint Committee to review any case of lost time from the Program because of sickness, accident etc., and to determine the amount of additional

time necessary before an employee meets his requirements of time served.

 

Entry to Program - New Apprentices

(i) Selection for entry into the Program of persons who have no previous training in the trade will be made by the Company, provided that the standards for acceptance established by the Joint Union-Management

Apprenticeship Committee and the Apprenticeship Branch are applied and that first consideration is given to mill employees.

Schedule of Training for Apprentices

(j) Upon completion of each period of training in an approved Vocational School, an Apprentice will be required to pass examinations set by the Apprenticeship Branch. Practical examinations shall be confined to the areas of training

received. In the event of failure to pass examinations, the Apprentice shall be required to undergo a period of retraining on subject material specified by the Apprenticeship Branch authorities and will be required to be re-examined

within twelve (12) months. Failure to pass the second examination will result in a review of his position by the Joint Apprenticeship Committee and could result in his removal from the Program. Employees who are removed from the

Program will be offered an entry job in keeping with their plant seniority.

(k) (i) Successful applicants will be assigned to a specific trade as a probationer for a ninety (90) day period. During the probationary period, he shall be paid the first year Apprentice rate.

(ii) On successful completion of the probationary period, the probationer shall be reclassified and will continue to receive the first year Apprentice rate.

(iii) During each year of Apprenticeship, he shall work at the trade and attend Vocational School as required by the regulations pursuant to the Apprenticeship Act.

(iv) Upon the successful completion of his term of Apprenticeship and receipt of his certificate of Apprenticeship, issued by the Provincial Apprenticeship Committee, the Apprentice shall be designated as a certified Journeyman

at the regular hourly rate for Journeyman.

(v) If any of the aforementioned work periods are exceeded due to the unavailability of Vocational School Facilities, such extra time will be credited to the Apprentice in succeeding training requirements. Also the Apprentice’s

rate shall be adjusted retroactively to the commencement of the scheduled year providing he successfully passes the examinations. Retroactivity will not apply where the testing is necessary.

(vi) For trades exceeding four (4) years, the following shall be in addition to the above. On successful completion of the fourth period of training at the Vocational School, and having spent twelve (12) months as a fourth-year Apprentice,

he shall be reclassified and paid the fifth-year Apprentice rate which is equivalent to the Journeyman rate for the following twelve (12) months. On completion of the final period at the Vocational School, the fifth-year Apprentice shall

write his final examination set by the Apprenticeship Branch and, upon becoming certified, shall be designated as a certified Journeyman at the regular hourly rate for Journeyman.

(l) Wherever reference is made to a year (or twelve months) as an Apprentice, it shall mean a period of not less than 1,600 hours worked, the said period to include time spent at the Vocational School.

Cost of Books / Tuition Fees

(m) The Company will pay one hundred percent (100%) of the cost of books specified by the Apprenticeship Branch. The Apprentice can keep these books as his personal property.

Tuition fees for apprentices will be paid at 100% subject to the following:

(i) Tuition is paid only once per year of schooling.

(ii) If the employee does not complete the apprenticeship or leaves Scott Paper within 36 months of completing the apprenticeship, tuition fees will be refunded to the Company.

Apprenticeships / Out of Town Expenses

(n) On successful completion of the required period of vocational school training, the Company will reimburse out-of-town expenses to a maximum of two (2) hours pay at the first year apprentice rate per day on a seven (7) day

basis while in attendance at school. This reimbursement will also apply to Steam Plant personnel.

It will be paid after the employee’s return to work and when verification of vocational school attendance is received from the appropriate agency.

Allowances and Wage Make-up

(o) While attending an approved Vocational School, the Apprentice will receive from the Government allowances and school expenses in accordance with the Government’s schedule of grants pertaining to Apprenticeship Training.

In addition, the employee shall receive from his employer an allowance comprised of the difference between his regular straight-time rate, based on a forty (40) hour week, and the weekly living allowance granted by the appropriate

Government authorities. Allowances provided by the employer shall not apply to any periods of retraining as specified in item (j).

General
(p) (i) The Company agrees to develop and provide a program of on-the-job training for each trade, which shall include doing jobs of gradually increasing skills consistent with the Apprentice’s training and ability.

(ii) Apprentices will be required to acquire and build a kit of tools progressively throughout the Program, as specified by the Apprenticeship Branch and the Joint Union-Management Apprenticeship Committee.

(iii) The following jobs will not come within the scope of the Apprenticeship Program:

(1) Converting Oiler

(2) Doctor and Slitter Grinderman

(3) Boiler House Power Engineer Trainee

 

The present job content of the above positions will not change with respect to their mechanical content.

(iv) Present practices governing employment of production employees during maintenance shutdowns will not be altered.

 

EXHIBIT C

WELFARE PLAN

 

This Exhibit C sets forth the respective rights and obligations of the Company and its employees under the Welfare Plan which the Company has established pursuant to Article XXVII of the Labour Agreement between

Kruger Products L.P. , Western Manufacturing Division, and Communications, Energy and Paperworkers Union of Canada, Local 456.

The employer will provide all employees with a deferred payment drug card which does not decrease the current provisions in the benefit plan.

The Dispute Resolution Mechanism is as agreed to by the parties on May 23, 2001.

Section 1: Obligation

The Company’s obligation and the Welfare Plan shall be subject to all limitations found in the contracts of the carrier or carriers including, among others, the requirements of participation by a minimum percentage of those eligible,

and conditions under which coverages and benefits may be subject to increased cost or to termination. In the event of any conflict between the contracts of the carrier or carriers and this summary, the terms of the contracts with

carrier or carriers will govern.

Section 2: Waiting Period

All full-time employees who are actively working and who have completed forty (40) days service shall be enrolled for the coverages and benefits set forth in "Schedule 1 of this exhibit.

Section 3: Changes in Classification

The regular wage of the employee in effect on November 1 and May 1 will determine his entitlement to Group Life and Weekly Indemnity Insurance coverage as outlined in Schedule 1 of this Exhibit.

Where an employee’s regular duties consist of more than one job, his regular rate shall be deemed to be the weighted average of the rates applicable to such jobs.

Section 4: Costs

There will be a sharing of the net costs of the coverages and benefits made available to participating employees under the Welfare Plan as follows:

                                                        Company                 Employee

Medical                                              100%                             0

Extended Health                               100%                             0

Group Life                                         100%                             0

A.D. & D                                            100%                             0

Weekly Indemnity                              70%                           30%

Dental Care Plan                              100%                             0

Long Term Disability                           70%                           30%

 

Section 5: Reporting Period

The reporting period will cover the twelve (12) month period ending June 30.

Section 6: Changes in Premium and Employee Contribution

It is understood that any change in respect of either the premium rate charged by the carrier or the basis of the employer-employee sharing thereof may only be made effective not more often than once in any twelve (12) month period.

Section 7: Distribution of Surplus

It is understood that surplus accumulation, if any, will be used only for the purpose of reducing premium costs.

Surplus accumulations must be disposed of within reasonable time limits.

Section 8:Disputes

No dispute arising out of the operation, administration or interpretation on any coverage contract between the Company and the Carrier shall be subject to the "Adjustment of Complaints" procedure of the

Labour Agreement between Kruger Products L.P.and the Communications, Energy and Paperworkers Union of Canada, Local 456. Any such dispute shall be adjudicated under the terms of such coverage contract.

Section 9: Disputed WorkSafeBC Weekly Indemnity Claims

If an employee covered by the Welfare Plan suffers a disability, payment for which is in dispute with the WorkSafeBC, weekly indemnity payments under the Welfare Plan will be paid retroactively as set forth in Schedule 1 of this

Exhibit, if requested by the employee and provided he has been off work for at least 14 days due to the disability without the WorkSafeBC having accepted the claim.If the Workers’ Compensation Board claim is subsequently

established, the employee will then repay the weekly disability payment received to the insurance company.

Section 10: Claim while Negotiated Change Takes Effect

In the case of any employee who is on active claim arising from a disability which occurred before a negotiated change in benefits and which continues thereafter, the said employee shall, as from the effective date of the

negotiated change, be paid the changed weekly indemnity benefit, be covered for the changed Group Term Life Insurance, and make the changed contributions.

Section 11: Surviving Spouse and Dependent Coverage

Where a surviving spouse and dependents of a deceased employee are not covered by such plans by reason of their own employment, the Company will extend the coverage under Medical-Surgical, the Extended Health Benefit Plan

and Dental Plan for a period of twelve (12) months, commencing on the first of the month following the month in which the death occurs.

 

SHEDULE 1

WELFARE PLAN

(Attached to and Part of Exhibit C)

 

Section 1: Coverage and Benefits

(a) Group Term Life Insurance

The Welfare Plan will include Group Term Life Insurance in accordance with the following Table of Hourly Job Rate Brackets and corresponding Coverages.

Benefits will be payable as a result of death from any cause while insured.

(b) Accidental Death or Dismemberment Insurance

In addition to the above Group Term Life Insurance coverage, the Welfare Plan will include Accidental Death Insurance as outlined in the Table on a twenty-four hour coverage basis.

Attached below is a description of the A.D. & D. insurance protection.

The weekly Indemnity Schedule includes the A.D. & D. schedule.

(c) Non-Occupational Accident and Sickness Insurance

The Welfare Plan will include Non-Occupational Accident and Sickness Insurance in accordance with the table. Weekly Indemnity benefits will be payable beginning with the first day of disability caused

by non-occupational accident and beginning with the fourth day of disability caused by non-occupational sickness, except in those cases of non-occupational sickness which resulted in the claimant being

hospitalized as a bed patient, and in those cases where surgery is performed which necessitates loss of time from work, the said Weekly Indemnity benefits will be payable beginning with the first day of sickness.

Benefits will be payable for a maximum of fifty-two (52) weeks during any one period of disability.

Weekly Indemnity benefits which begin prior to age 65 will continue until the employee has received at least fifteen (15) weeks of benefits, or until the employee is no longer disabled or retires, which ever comes first.

Where the employee recovers an amount from a liable third party for loss of income as a result of the same accident or illness, they must reimburse the Plan once they receive 100% of their loss. One hundred percent (100%)

of their loss includes gross wages lost.

The premium structure for coverage of an employee over the age of 64 will be as follows:

First three months 75% of Normal Premium

Second three months 50% of Normal Premium

Third three months 25% of Normal Premium

Last three months No Premium

(d) Medical-Surgical Coverage

The Welfare Plan will include the Medical-Surgical Coverage as available through the Medical Services Plan of British Columbia.  It is agreed that the Extended Health Benefit Plan will include the additional coverage as follows;

(i) One hundred and fifty dollars ($150) per person per calendar year for acupuncture.

(ii) Three hundred and fifty ($350) per person per calendar year for clinical psychology

.

(iii) One hundred dollars ($100) per person per calendar year for speech therapy.

(iv) Two hundred and fifty ($250) per person per calendar year for foot orthotics.

(v) Hearing Aid coverage increased to the maximum benefit payable during a three year calendar year period is $600. Payment will be made for maintenance, batteries or recharging devices or other such accessories.

(vi) Three hundred dollars ($300) per person per calendar year for physiotherapist and massage practitioner.

(vii) Nursing care provisions shall be limited to 720 hours per calendar year.

(viii) Professional services of the following practitioners limited to $150.00 per person or to a maximum of $500.00 per family in a calendar year:

Chiropractor*

Osteopath*

Naturopath*

Podiatrist or Chiropodist*

*Physician’s prescription not required

(e) Extended Health Coverage

The Welfare Plan will include the Extended Health Insurance coverage in effect on June 30, 1970.

(f) Vision Care for Employees and Dependents

The maximum amount payable will be increased to three hundred & fifty ($400) per person in any 24 consecutive month period.

It is agreed that effective July 1, 1982, the Extended Health Benefit Plan will include a vision care program as follows:

Payment up to a maximum of three hundred & fifty ($400) per person in any 24 consecutive month period, for charges incurred relative to the purchase of lenses and frames or contact lenses when

prescribed by a person legally qualified to make such prescription; provided however, that if the eyeglasses are for an employee for use while working in a mill, they must be safety lenses and frames.

(g) Dental Care Plan

The Welfare Plan will include a Dental Care Plan, which will reimburse members for expenses incurred in respect of coverages summarized in this Schedule.

(h) Long Term Disability Plan

(i) Level of Benefits

The Welfare Plan will include a Long Term Disability Plan, effective July 1, 1978 which will provide benefits of 50% of regular weekly earnings calculated at forty (40) times disabled employee’s hourly straight-time job rate

at date of onset of disability, plus any negotiated increases to that hourly straight-time job rate which would take place during the elimination period. Other terms and conditions of the Plan and conditions pertaining to

its implementation will be established pursuant to the general principle set forth in the Long Term Disability Plan Summary Booklet which will be available from the Human Resources Office.

(ii) Elimination Period

Benefits commence after the employee has been totally and continuously disabled for fifty-two (52) weeks or has exhausted his weekly indemnity benefits, whichever occurs last.

(iii) Maximum Duration of L.T.D. Benefit PaymentsA disabled employee with less than eleven (11) years of continuous service with Kruger Products L.P. at date of disability will receive benefit payments until reaching age 60.

A disabled employee with eleven (11) or more years of continuous service with Kruger Products L.P.at date of disability will receive benefit payments until reaching age 65.

In all cases, benefit payments will cease on recovery.

Employees receiving either weekly indemnity or LTD benefit payments on July 1, 1988 and continue to be disabled will also be eligible for the extended benefit period described above.

(iv)Intergration with Other Disability Income

(a) The benefit from this plan combined with all other disability income to which the disabled employee is entitled will not exceed 80% of the employee's basic wage at date of disability.

All other disability income will include C.P.P./Q.P.P. primary disability pension benefits, WorkSafeBC, disability income from a group or association plan, disability income arising out of any law or legislation,

and wage continuation or pension plan including the Pulp and Paper Industry Pension Plan.  Private or individual disability plan benefits or the disabled employee will not reduce the benefit from this plan.

In the event that all other disability income reduces the payment from this plan below $25.00 per month, this plan will nevertheless pay a minimum of $25.00 per month from the date disability income commences.

(b) Increases in C.P.P./Q.P.P. disability pensions or WorkSafeBC disability pensions that result from increases in the Canada Consumer Price Index and which occur after the date disability payments from this plan

commences will not further reduce the benefits from this plan.

(c) Employees who are under age 60 years of age will have their disability benefit recalculated by applying the contractual wage increases that were applied in each year, during the period of thier disability, to their long term disability benefits.

The recalculated weekly benefit when combined with all other disability income to which the disabled employee is receiving will not exceed 80% of 40 hours multiplied by the regular wage rate in effect at the time of the recalculation.

(v) When an employee becomes totally disabled under this plan, they shall have the option of taking all outstanding earned time off with pay, such as vacations, supplementary vactions, statutory holidays, special (personal)

floating holidays and any half-time portion of banked overtime.

(vi)Weekly Indemnity - Attempted Suicide.

Amend Weekly Indemnity Plan to provide for benefit for loss of time as a result of attempted suicide under the Plan provisions covering other mental illnesses.  Coverage shall also include injury disability arising from attempted suicide.

(vii) Weekly Indemnity - Waiting Period.

Only one (1) waiting period will be required for serious illnesses which require kidney dialysis, chemotherapy, radiation or other similar recurring treatments. This will provide benefits, after the initial waiting period, for any subsequent

lost time.

(ix) Completion of Forms

The Company will reimburse employees for the costs of medical forms and specialists reports when required by the WI and LTD carriers. The maximum paid shall be $30.00 for general practitioners and $100.00 for specialists.

Group Term Life and A.D.&D. Insurance Coverage.

Maximum Insurance Benefits Payable

effective date

group term life

a d& d

Sep. 25, 2012

$98,500

$98,500

May 1, 2013

$98,500

$98,500

May 1, 2014

$100,500

$100.470

May 1, 2015

$103,000

$102,980

May 1, 2016       $106,100      $106,071

Accidental Death and Dismemberment Coverage Schedule to reflect current insurance carriers’ benefit levels.
 

Weekly Indemnity Non-Occupational Accident and Sickness Insurance

The Welfare Plan will include Non-Occupational Accident and Sickness Insurance that will provide a benefit of sixty percent (62%) of the employee’s regular job rate to the maximums in the following table.

Maximum Weekly Indemnity Benefits Payable

Effective Date

Benefit Maximum

September 25, 2012

$925.00 per week

May 1, 2013

$925.00 per week

May 1, 2014

$925.00 per week

May 1, 2015

$948.00 per week

            May 1, 2016   $976.00 per week

Note:    The increases effective May 1, 2015 and May 1, 2016 reflect the May 1, 2014 benefit being increased in accordance with the general wage increases effective on those dates.

 

GROUP ACCIDENTAL DEATH AND

DISMEMBERMENT INSURANCE

 

If an employee while insured for this benefit, suffers any of the losses specified in the following Schedule of Losses and Benefits as a result of bodily injury effected directly and independently of
all other causes by external, violent and accidental means, and if such loss occurs within 12 months after the date of sustaining such injury, the company will, subject to the provisions of
this policy and this benefit, pay the amount provided for such loss in the Schedule of Losses and Benefits.
If an employee shall sustain more than one of such losses as a result of any one accident, payment shall be made only for that one loss for which the largest amount is
payable.

 

SCHEDULE OF LOSSES AND BENEFITS

Loss of Life The full sum insured

Loss of Two Hands The full sum insured

Loss of Two Feet The full sum insured

Loss of Sight of Two Eyes The full sum insured

Loss of One Hand & One Foot The full sum insured

Loss of One Hand and Sight of One Eye The full sum insured

Loss of One Foot and Sight of One Eye The full sum insured

Loss of One Hand or One Foot One-half the sum insured

Loss of Sight of One Eye One-half the sum insured

Quadriplegia (Total Paralysis of Both Upper & Lower Limbs) 200% of the sum insured

Paraplegia (Total Paralysis of Both Lower Limbs) 200% of the sum insured

Hemiplegia (Total Paralysis of Lower and Upper Limbs on One Side of the Body 200% of the sum insured

Hand or Foot means severance at or above wrist or ankle joint. Loss of Sight must be entire and irrecoverable.

Limitations

The insurance provided under this benefit shall not, however, be payable for any loss which results from or is caused, directly or indirectly, by any of the following causes:

(a) Suicide or self-inflicted injury, while sane or insane.

(b) Injury incurred to which a contributing cause is the employee’s commission of, or attempt to commit, an assault or any criminal offence (excluding an offense related to driving a vehicle while under the influence of alcohol).

(c) Insurrection of war, whether war be declared or not, or any act or incident thereto, or participation in any riot.

(d) Travel or flight in any aircraft if the employee is a pilot, officer or other member of the crew of the aircraft, or if such flight is made for instructional testing or training purposes, or if the employee is travelling or flying as a

passenger or otherwise in any aircraft of a military, naval or air force.

(e) Bodily or mental infirmity, or medical or surgical treatment thereof.

(f) The taking of poison or poisonous substances whether voluntary or otherwise.

(g) Injuries of which there is no visible contusion or wound on the exterior of the body, drowning and internal injuries revealed by autopsy excepted.

(h) Accident, injury or other loss caused wholly or partly by disease, infection or medical or surgical treatment thereof, or by hernia ptomaine, or bacterial infection, except only in the case of septic infection caused through a
visible wound accidentally sustained.

DENTAL CARE PLAN

Section 1: Benefits

(a) Diagnostic Services:All necessary procedures to assist the dentist in evaluating the existing conditions to determine the required dental treatment, including:

Oral Examinations

Consultations

X-Rays (Complete mouth X-Rays will be covered only once in a 3 year period)

(b) Preventive Service

All necessary procedures to prevent the occurrence of oral disease, including:

Cleaning and Scaling

Topical Application of Fluoride

Space Maintainers

(c) Surgical Services

All necessary procedures for extractions and other surgical procedures normally performed by a dentist.

(d) Restorative Services

All necessary procedures for filling teeth with amalgam, synthetic porcelain and stainless steel crowns. Gold inlays or onlays will be provided as a filling material only when teeth, in the professional opinion of a dentist,

cannot be restored with any of the above materials. Gold foil will be provided only in cases of repair to pre-existing gold restorations.

(e) Prosthetic Repairs

All necessary procedures required to repair or reline fixed or removable appliances.

(f) Endodontics

All necessary procedures required for pulpal therapy and root canal filling.

(g) Periodontics

All necessary procedures for the treatment of tissues supporting for the teeth.

(h) Prosthetic Appliances and Crown and Bridge Procedures

(i) Crowns and bridges.

(ii) Partial and/or complete dentures but not more than once in five years.

Dentures lost, broken or stolen will not be replaced.

(i) Orthodontics

The services of a certified Orthodontist registered as such by the College of Dental Surgeons of British Columbia, only after the patient has been covered continuously for twelve months. Appliances lost, broken, or stolen will not be replaced.

Maximum orthodontic benefit will be 50% coverage to a maximum of $4,000 per person.

Section 2: Co-Insurance

In respect to benefits (a) to (g), the plan will provide reimbursement of 90% of eligible expenses. In respect to benefits (h) and (i), the plan will provide reimbursement of 50% of eligible expenses.

Section 3: Dependents Covered Under the Plan

(a) Husbands and wives of eligible employees.

(b) Dependent children at their twenty-first birthday, or to their twenty-fifth birthday if in full-time attendance at a recognized school or university, or until they marry or become wage earners, whichever occurs first.

Note: You may be required to prove that persons whom you claim as dependent children are actually dependent upon you.

EXHIBIT D

GENERAL RULES FOR GUIDANCE

 

Rates When Moved from Regular Job

(a) Whenever an employee is moved from his regular job to a higher rate job, he shall receive the higher rate.

(b) In any case, when an employee is required or ordered to work temporarily on any job other than his regular job, he is to receive his regular rate or job rate whichever is higher. When an employee is moved to a lower

rated job, the duration of such move will be kept to a minimum and every effort will be made to return the employee to his regular job as soon as possible.

(c) Whenever an employee’s regular job is not available and he therefore is moved to another job, he is to receive the rate of the job to which he is moved for that period. In such cases, however, the employee is not obligated

to take the job offered and can, if he so elects, lay off for the period his regular job is not available; up to a maximum of 30 working days for each instance.

It is agreed that this language does not apply to work related to an employee's job or their machine.

General Rules for Guidance in Application of Seniority

The following are some rules for the guidance of both the Union Standing Committee and Management in the application of Seniority as provided under Article XIX of this Agreement.

(a) Two types of Seniority are recognized:

(i) Plant Seniority

(ii) Department Seniority

(b) In general, Plant Seniority shall apply in the creation of new jobs and in promotions and lay-offs where no specific experience is required.

(c) In general, Departmental Seniority shall apply in promotions and lay-offs requiring specific experience.

(d) Seniority lists showing plant and departmental seniority will be maintained in a current condition by the Company.

(e) Department TransfersApplications for new appointments to jobs which serve as the base of a promotional sequence in any department will be accepted at any time by the Human Resources Department.

A list designation of such jobs open to applications will be given to shop stewards.

Application forms will be available at all times at the Human Resources Office. Seniority shall be considered for only those employees whose applications have been received at the closing date of published notice of such opening.

It is agreed that the principle be established that no employee will begin departmental seniority except through a job posting and selection. This policy will be applicable on completion and acceptance of the current departmental seniority lists.

An employee who has been the successful applicant for a job posting in the Paper Mill, Division A/E, Division B, Traffic/Export, Groundwood and Shipping shall not be entitled to bid on another Job Vacancy Posting until

twelve (12) months has elapsed from the closing date of the posting.

Employees who fall under the above restriction shall be eligible to apply for Job Vacancy Postings which are not identified in the departments identified above.

In the event that a departmental downsizing or job elimination occurs in the department which the employee has posted into and falls under the restriction above, the employee shall be eligible to bid on any current or future Job Vacancy Postings.

(f) (i) Relief Work

The senior employee on any job is to receive the first invitation to relieve on a higher job unless the vacancy occurs after the start of the week, and the relief period does not exceed four (4) shifts, and it is not practical to change shifts.

It is recognized that after the manning schedules are prepared, there are circumstances where changing the schedule for five (5) days may be impractical. Failure to accept invitation to relieve or take promotion without legitimate

reason shall mean loss of seniority only in the next opportunity for a permanent promotion to the senior position on which he refused to relieve or be promoted.

(ii) Employee Permitted to Turn Down a Move-Up

When an employee, at his own request, is permitted by the Company to turn down a move-up in the line of progression and another employee moves ahead of him on the departmental

seniority list, the latter employee will remain ahead of the former in other future move-ups or cutbacks on the departmental seniority list.

(iii) Mill Seniority

In the case of a curtailment or lay-off in any one department, the employee with the least amount of "departmental seniority’ will be the first employee laid off from that department.

For curtailments or lay-offs of up to five (5) working days, the laid-off employee may exercise his/her mill seniority to displace the most junior employee on the spareboard.

For curtailments or lay-offs of more than five (5) working days, the laid-off employee may exercise his/her mill seniority to displace the most junior employee in the Mill regardless of whether or not that employee is posted.

In exercising of mill seniority, a laid-off employee must remain consistent with the spareboard policy providing he/she can be trained to do the job within a reasonable period of time and providing the employee is competent to perform his duties.

An employee who is not on the spareboard and who is laid off must notify his/her supervisor or the Human Resources Department that he/she wishes to be placed on the spareboard.

Any problems arising out of this application will be dealt with at the Standing Committee meetings.

(g) Transfers

(i) Where an hourly rate employee is transferred to another department on an hourly rate either at his own request or at the request of the Company and he is transferred back to his original department within 90 days at either

his own request or at the request of the Company, he will return retaining the relative seniority standing which he occupied at his original transfer.

At the expiration of the 90 day limit, the employee’s seniority rights will cease in his original department.

(ii) Where an hourly rate employee is transferred to a salaried position not covered by the contract, either in his own department or other department, and he is transferred back to his original department within 90 days either at his own request or at the request of the Company, he will return retaining the relative seniority standing which he occupied at his original transfer.

At the expiration of the above 90-day limit, the employee’s seniority rights will cease in his original department.

 

MISCELLANEOUS

It is understood and agreed that Supervisors will not perform work, which is normally done by members of the bargaining unit. It is not the Company’s intention that supervisory staff perform such work; however,

it is recognized by both the Company and the Union that during an emergency, during periods of training and instruction, a supervisor may perform work which otherwise would be done by a member of the bargaining unit;

such work will, in no way, eliminate an employee from the work force or reduce the number of employees required to perform that job.

The Company agrees to communicate this policy to all Supervisors in the Western Manufacturing Division.

 

EXHIBIT E

STEAM PLANT VOCATIONAL LEAVE

 

Section 1: Fourth Class Certificate

Upon successful completion of the Department of Education Correspondence Course for a FOURTH CLASS POWER ENGINEERING CERTIFICATE, or possessing the equivalent qualifications acceptable to the Vocational School authorities,

employees shall be granted three (3) weeks’ leave of absence with pay to attend an approved Vocational School to complete the course and write the examination for the Fourth Class Power Engineering Certificate.

During his first week at the School, the employee will be evaluated by the school authorities to determine his knowledge of the subject, and if the evaluation is favourable he will continue his studies at the school during the two weeks

and write the prescribed examination. In the event that the evaluation is not favourable, the school authorities will indicate to the employee those areas where further study is needed and he will return to the Mill and carry out

the recommended home studies. Upon completion of this additional studying, the employee will be granted three (3) weeks’ leave of absence, two (2) weeks with pay and one (1) without, to return to the Vocational School to complete

the course and write the prescribed Fourth Class Certificate examination.

Section 2: Third Class Certificate

Upon successful completion of the Department of Education Correspondence Course for a THIRD CLASS POWER ENGINEERING CERTIFICATE, or possessing equivalent qualifications acceptable to the Vocational School authorities,

employees shall be granted six (6) weeks’ leave of absence with pay to attend an approved Vocational School to complete the course and write the examination for the Third Class Power Engineering Certificate.

During his first week at the school, the employee will be evaluated by the school authorities to determine his knowledge of the subject, and if the evaluation is favourable, he will continue his studies at the school during the following

four weeks and write the prescribed examination. In the event that the evaluation is not favourable, the school authorities will indicate to the employee those areas where further study is needed and he will return to the Mill and

carry out the recommended home studies. Upon completion of this additional studying, the employee will be granted five (5) weeks’ leave of absence, four (4) weeks with pay and one (1) without, to return to the Vocational School to

complete the course and write the prescribed Third Class Certificate examination.

Section 3: Second Class Certificate

Upon successful completion of the Department of Education Correspondence Course for a SECOND CLASS POWER ENGINEERING CERTIFICATE, or possessing equivalent qualifications acceptable to the Vocational School authorities,

employees shall be granted ten (10) weeks’ leave of absence with pay, on the basis set forth hereunder, to attend an approved Vocational School to complete the two-part course and write the examination for the Second Class Power

Engineering Certificate:

(a) Five (5) weeks’ leave of absence with pay to complete Part "A" (Mathematics & Physics).

(b) Five (5) weeks’ leave of absence with pay to complete Part "B" (Basic Engineering).

During his first week at the school in each of the above-mentioned cases (i) and (ii) the employee will be evaluated by the School authorities to determine his knowledge of the subject, and if the evaluation is favourable, he will

continue his studies at the school during the following four (4) weeks and write the examination prescribed for Part "A" or "B" whichever is applicable. In the event that the evaluation is not favourable, the school authorities will

indicate to the employee those areas where further study is needed, and he will return to the Mill and carry out the recommended home studies. Upon completion of this additional studying, the employee will be granted five (5) weeks’

leave of absence, four (4) weeks with pay and one (1) without, to return to the Vocational School to complete the course and write the examination prescribed for Part "A" or "B", whichever is applicable.

Section 4: Basis of Pay

One (1) week’s pay shall be equal to forty (40) hours at the straight time hourly rate of the employee’s regular job.

Section 5: Additional Leave

Leaves of absence with pay will be granted to Steam Plant personnel on the basis as set forth in 1, 2, and 3 above.
Any further Vocational Training required to pass each respective certificate shall be at the employee’s expense and such additional leave of absence will be granted.

Section 6: Books

The Company will pay 100% of the cost of textbooks specified by the Vocational Training School as required for those writing for Power Engineering Certificates.
The employee will keep these books as his personal property.

Section 7: Examination and Tuition Fees

The Company will bear the cost of the prescribed Examination and Tuition fees, if any, required of candidates writing for Power Engineering Certificates.

Section 8: Timing of Leave

Leaves of absence will be granted at a time suitable to the Company, bearing in mind the Vocational School curriculum.

Section 9: Number on Leave

Normally it will not be possible to grant leave of absence to more than one Steam Plant employee at a time. However, if relief is available, this limit may, at the discretion of the Company, be exceeded.

Section 10: Government Allowances

If at any time provision is made whereby transportation and/or other allowances are granted by the Government to Steam Plant personnel attending an approved
Vocational School to write for Power Engineering certificates, the provisions set forth above will then be amended to take into account such Government allowances.

 

EXHIBIT F

COMPRESSED WORK WEEK

 

This summary describes the general terms and conditions of the Compressed Work Week Agreement:

(a) The twelve (12) hour shift schedule may be cancelled by either party with thirty (30) days’ written notice.

(b) The implementation of the compressed work week will be on the conditions that there will be no extra cost to the Company, and that the efficiency of any department or departments will not decrease.

Further, that it will not provide an advantage of one party over the other.

(c) It is clearly understood by both parties that replacements must be available for relief purposes when required. In the event that the Company decides adequate relief will not be available, a Standing

Committee member will be informed immediately, and the Local will cooperate fully to provide the necessary relief.

(d) Overtime will not be paid if incurred as a result of implementing or discontinuing the twelve (12) hour shift schedule. Employees entering or leaving the schedule; e.g., for relief purposes, will not be paid overtime for the ninth (9th)

to twelfth (12th) hours of the shift, or for hours not in excess of forty-four (44) hours in a week. Such employees will have time off arranged on the basis of working forty-two (42) hours per week over the averaging period.

(e) Any employee entering the 12-hour shift schedule without being given due notice as per the Scott Paper Labour Agreement will be paid the overtime premium for the ninth (9th) to twelfth (12th) hour of the first 12-hour shift.

(f) It is understood by both parties that concerns may arise while this schedule is in effect. Should this occur, the parties will meet to discuss the concern and attempt to reach a satisfactory solution.

(g) When an employee who works an eight (8) hour schedule relieves into a compressed work week position for one (1) shift of the schedule, he shall receive overtime for the last four (4) hours of the shift when proper notice

has not been given as per the Kruger Products L.P. Agreement.

(h) Employees will give as much notice as they possibly can on requests for leave so that they can be replaced at straight time. Otherwise, the necessity to work employees on their days off will effectively negate the benefits

gained from the additional days free from work in the compressed work week.

(i) Overtime at the rate of time and one-half will be paid for all work in excess of twelve (12) hours in any one day except:When such work in excess of twelve (12) hours is caused by the change of shifts.

(j) Tour Workers who work in excess of twelve (12) consecutive hours shall have the option of receiving the overtime premium on the basis of Article VI, Section 2 (b) of the Labour Agreement or of receiving straight time for

hours in excess of twelve (12) consecutive hours taking equivalent time off in units of not less than twelve (12) hours at the hourly rate for the job when the work was performed at the time suitable to the employee and the

Company during the contract year. Any overtime remaining at the end of the contract year in which it is banked may be carried over to the next contract year for the purposes of taking time off. If equivalent time off is not taken

by the end of the contract year following the contract year in which it is earned, the Company shall pay the deferred one-half premium pay. Tour Workers who choose to bank the overtime may later re-elect to receive the deferred

one-half premium pay.

(k) The letter on 12-hour shifts will provide for Tour Workers who work in excess of eight (8) consecutive hours on a scheduled day off to have the option of receiving the overtime premium on the basis of Item (h), or of receiving

straight time in excess of eight (8) consecutive hours and taking equivalent time off.

(l) When the Company changes an employee’s shift schedule after the start of the week without notification being given during the first twelve (12) hours of his last shift proceeding the new shift, the employee shall receive two (2) hours’

penalty payment at the straight time day rate for the first shift worked resulting from the change.If the change in shifts during the week is temporary, the penalty payment is not payable for the second change in shifts when the

employee returns to his previously established shift schedule.

(m) Continuous hours worked on Sunday up to eight (8) hours in excess of twelve (12) hours will be counted in the further calculation of the forty (40) hour week for the computation of overtime.

(n) Employees will be allowed to take vacations on a tour basis. For purposes of the twelve (12) hour shift schedule, a tour will be the number of consecutive working days without a scheduled day off.

(o) A meal shall, if requested, be furnished at the expense of the employer to any employee actively engaged or relieving on the twelve (12) hour shift schedule who is required to work more than thirteen (13) consecutive hours.

(p) An employee called in to report to work on the 12-hour shift schedule within two (2) hours or less will be given a meal at a time conveniently arranged.(q) Taking the Special (Personal) Floating Holidays, Banked Overtime,

and Days in Lieu of Statutory Holidays.

The following rules apply:

(i) At the end of the contract year following the contract year in which it is earned, hours not taken or hours less than twelve (12) will be paid to the employee (in the case of banked overtime the deferred half-time will be paid),

except that an employee who has eight (8) or more but less than twelve (12) hours remaining will have the option of taking a twelve (12) hour shift off and be paid the number of hours remaining.

(ii) Time-off hours will be taken out of the "overtime bank" in the same order as they went in; e.g. first in, first out.

(iii) Employees may take four (4) hours from the grouped hours if so desired to supplement statutory holiday pay if they would normally have worked.

(iv) A minimum of four (4) hours must be used when taking Floating Holiday time out of the grouped hours.

(v) With the above exceptions and those elsewhere in this Memorandum of Agreement, all other conditions of the Labour Agreement will apply to the matters covered in this Item (t).

(r) When death occurs to a member of a regular full-time employee’s immediate family, the employee will be granted an appropriate leave of absence and he shall be compensated at his regular straight-time hourly rate for hours

lost from his regular schedule for a maximum of twenty-four (24) hours, according to the provision of Article XIII of the Labour Agreement.

(s) Any regular full-time employee who is required to report for Jury Selection, Coroners’ Inquest, or who is required to appear as a Crown Witness, on a day on which he would normally have worked, will be reimbursed by the

Company for the difference between the pay received for the Coroners’ Inquest, or Witness Duty and his regular straight-time hourly rate of pay for his regularly scheduled hours of work necessarily lost. It is understood that

such reimbursement shall be for forty-eight (48) hours during a week in which he/she is scheduled to work 48 hours, or thirty-six (36) hours during a week in which he/she is scheduled to work 36 hours. The employee

will be required to furnish proof of Coroners’ Inquest, or Witness Service and Coroners’ Inquest, Jury Duty, or Witness pay received. Hours paid for Coroners’ Inquest, Jury Duty or Witness Duty will be counted as hours worked

for the purpose of qualifying for vacations and for recognized paid holidays, but will not be counted as hours worked for the purpose of computing overtime.

(t) When an employee is injured on the job, and on the advice of a doctor does not return to work, he will receive pay for the full shift on which he was injured to a maximum of twelve (12) hours at his regular rate of pay.

(u) The twelve (12) hour shift times of 7:00 a.m. to 7:00 p.m., and 7:00 p.m. to 7:00 a.m. will define a DAY as a period of twenty-four (24) hours beginning at 7:00 a.m. and a WEEK as a period of seven (7) calendar days beginning at 7:00 a.m. Sunday.

(v) Weekly indemnity benefits will continue to be calculated on the basis of seven (7) calendar days and that loss of income has occurred.

EXHIBIT G

LETTERS OF UNDERSTANDING

 

May 23, 2003

Randy Billow, National Representative Communications, Energy & Paperworkers Union

#540 – 1199 West Pender Street

Vancouver, B.C. V6E 2R1

Dear Randy,

Re: Commitment to Employment

Protecting employment at Scott Paper Limited is a joint commitment of the Company and Union. The Company and Union agree that stable employment must be based upon economically viable operations, a high level of labour

productivity and quality production.

To this end, the parties will continue to discuss means to preserve employment during the term of the Agreement on a cost neutral basis.

1. The Company and Union will participate in a joint committee on employment opportunities. The joint committee will be made up of Local Union representatives and mill management representatives and a representative of the

CEP National office.

2. The joint committee will examine ways to enhance employment opportunities through new work arrangements, including reduced overtime and working time alternatives. The Company agrees to provide the joint committee with

relevant information (as determined by the Company) to ensure an informed discussion of the issues.

3. The joint committee will make recommendations to the Company on enhanced employment opportunities.

4. Both parties undertake to give active consideration to all recommendations and vigorously work towards implementation of recommendations where agreement is reached at the local level.

Yours very truly,

R.W. Howcroft

Division Vice President & General Manager

Western Manufacturing Division

RWH003/114/dam

May 23, 2003

Letter of Understanding – Trades Qualifications

C.E.P. Local 456 and Kruger Products L.P. both clearly recognize the critical nature of apprenticeship training and certified trades qualifications mechanisms. It is no secret that British Columbia is facing a skills shortage and the pulp and

paper industry is not exempt from this impending crisis.

The parties agree to work co-operatively on the issues of workplace and trades training. The Union and the Company agree that closer co-operation will help protect them against any changes that could negatively impact the skill levels

and portability of tradespersons in B.C.

The parties agree to participate in an industry committee comprised of management representatives of the industry and appropriate representatives of C.E.P. to develop a strategy of maintaining the principles of certified trades training

for British Columbia and the opportunity for workers to participate in inter-provincial qualifications examinations.

 

Dave Coles                                                                                                                                    Jack Fulton

Vice President                                                                                                      H.R. Manager - WMD Kruger Products L.P.

Communications, Energy & Paperworkers Union