COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT between and Working Design Inc 3091 West 15th Avenue Vancouver, B.C. V6K 3A5 Effective August 1, 2011 to July 31, 2016 ppwclocal5

2 CONTRACT AND SCALE OF PRICES between Inc and Unifor Local 2000 TillS COLLECTIVE AGREEMENT made and entered into this first day of August BE1WEEN: Inc through authorized representatives, sometimes hereinafter referred to as the Employer, Party of the First Part, and Unifor Local 2000, sometimes hereinafter referred to as the Union, Party of the Second Part. WITNESSETII, that the Employer, Party of the First Part, agrees: TERM OF AGREEMENT This Agreement shall be in effect from Aug. 1st, 2011 to July 31st, If no Agreement is reached prior to the expiration of this Agreement, this Agreement shall be deemed to remain in full force and effect up to the time the Union goes on a legal strike or the Company legally locks out the employees. To employ only members of Unifor Local 2000, in good standing, to perform all work within the jurisdiction of the Union. JURISDICTION 1. This entire Agreement is predicated upon the understanding that only members of Unifor Local 2000, covered by the terms of this Agreement will do all work necessary to produce the completed product for the customer. TRAINING 2. The Company agrees to provide facilities and sufficient time without loss of regular weekly wages in order that the required number of Union members may become proficient in the operation of any process or equipment thereby enabling the Union to provide sufficient competent members to meet the intent of this Agreement. This does not preclude members from voluntarily training on their own time. (a) Wherever possible members shall be afforded the opportunity to retrain in accordance with their priority standing. Provided that in no event shall a member who has not been afforded the opportunity to retrain be laid off out of priority order or lose his preference claim during the life of this Agreement. COMPUTERS 3. It is agreed that when a computer is used to perform work within the jurisdiction of the Union only members of the Union shall perform such work. It is further agreed that the Union's jurisdiction includes the preparation of input and all handling of output, operation of the computer and all input and output devices; programming of all the foregoing equipment and devices. TECHNOLOGICAL CHANGE 4. Defmition: Any change in technology, method (1), or procedure (2) during the period of a collective agreement which could cause a decrease in the number of employees that existed when the current contract was negotiated with the Union except for normal layoff, such as those occurring as a result of a decline in the volume of business. e.g., change in computer operation. (a) The Company has the right to introduce technological changes. Prior to so introducing, the Company shall advise Unifor Local The Company will give the Union three months' notice of any contemplated technological change and will meet with the Union beginning no more than ten (10) days after such notice to discuss with their representatives the time, procedure and training necessary for the introduction of the contemplated change. (b) Should either party feel that an effect on the number of employees in the Union's bargaining unit due to the introduction of a technological change will occur, the parties shall discuss this effect in accordance with the time limits set out in Section 4 (a). If mutual agreement on the effect of the change carmot be reached and the Employer determines that a reduction in the number of employees in the Union's bargaining unit is necessary, the Employer may elect to reduce the number of employees by the lump sum payment of eight thousand dollars ($8,000) for each employee reduced, or by attrition (i.e., death, retirement, voluntary termination or discharge for cause). Such reduction in the number of employees in the Union's bargaining unit shall not exceed one (1) employee or ten per cent (10%) of the bargaining unit, whichever is the greater. WAGES AND HOURS 5 Payment of wages shall be made fortnightly. (a) Effective Aug. 1, 2011, the wage rates will be as follows~ Wage Rates Augl" Aug 1" Aug 1" Aug 1" Aug 1" loll :Z :Z Senior $27.06 $27.45 $27.47 COLA COLA Designer/Production Intermediate $19.78 $20.D7 $20.07 COLA COLA Designer/Production Junior $16.66 $16.90 $16.91 COLA COLA Designer/production (b) Notwithstanding the above, the hourly wage rate shall be adjusted upward each August 1 51 as of the signing of this collective agreement. The increase shall be the COLA percentage increase between the Vancouver Consumer Price Index (all items) as published on the 20th of July and compared to the average increase over the preceding 12 months. In no event shall this calculation result in a decrease of the hourly rate. (c) The basic night rate shall be twelve per cent (12%) over the day rate. (d) Shifts commencing at or after the hour of 11 :30 p.m. shall be known as graveyard shifts and shall be paid for at the rate of ten per cent (10%) over the regular basic night scale and shall consist of eight (8) hours (exclusive of lunch time). (e) When a shift is worked part day and part night the night scale shall be paid. When a shift is worked part night and part graveyard the graveyard scale shall be paid. (f) A day's work shall consist of seven and one half (71/2) hours (exclusive of lunch time). The hours of work to be between 7:00 a.m. and 5:00p.m. on the same day. Page 2

3 (g) A night's work shall consist of seven and one half (71/2) hours (exclusive of lunch time). The hours to be between 5:00p.m. and 2:00a.m. (h) A week's work shall consist of five (5) shifts to be worked between Monday and Friday. (i) Nothing in this collective agreement prevents the employer paying over the above scale of wages or of the employees working less than the hours above provided they do so at their own request. When employees work less than the regular work week (at their own request) the employer will prorata benefits contained in this collective agreement (i.e. stat pay). G) In the event the hours of work per day or per week are less than noted above, such hours of work shall be made explicit at the time of hire, must be in writing, and with consultation from the union. (k) The probationary period for new employees shall be three (3) months (or the equivalent in hours) of full employment. At this time the employee's performance will be assessed, and the employee may be hired, the employee may leave or be dismissed, with no penalty to either party. OVERTIME 7. (a) All work done in excess of the number of hours recognized as a regular work day by members of the Communications, Energy and Paperworkers Union of Canada Local 2000 affected by this Agreement shall be considered overtime and shall be paid for at double-time rate. (b) When overtime is worked in excess of two (2) hours a 30-minute lunch period shall be provided and such lunch period shall be paid at the straight-time rate. (c) Not less than double the employee's regular rate shall be paid for any shift worked in excess of four within a work week or on an off-day or off-night. All work performed on a Saturday or Sunday shall be paid for at the overtime rate and a full shift must be worked. (d) When a member is required to work on a holiday, double the employee's hourly rate shall be paid plus they shall be given another day off in lieu of working the statutory holiday. To be taken at a mutually agreed time (e) When a shift is commenced on a normal working day but is completed on a Statutory Holiday that overtime part of a shift worked on the Statutory Holiday shall be paid at two times the regular rate and they will be given the same amount of hours off in lieu of the hours worked on the statutory holiday. To be taken at a mutually agreed time. STATUTORY HOLIDAYS 8. (a) Employees shall be paid one (1) day's straight time rate of pay which shall include any bonus or premium paid to the employee for the following Statutory Holidays, regardless whether or not they fall on working days: New Year's Day Good Friday Victoria Day Canada Day B.C. Day Family Day Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day (b) Employees shall be paid one (1) additional declared holiday each year and if no holiday is declared by Federal or Provincial order, then one additional day's pay will be paid at the end of the year. (c) An employee failing to receive a statutory holiday by reason of his/her off day falling on the holiday, while on vacation, sick leave, compensable accident or jury duty shall receive another day off in lieu of such statutory holiday missed; provided, wherever possible, such days off in lieu shall be combined with the employees regular off day or a weekend if he/she so desires. (d) During the weeks in which the following statutory holidays fall, Good Friday, Victoria Day, Dominion Day, B.C. Day, Labour Day, Thanksgiving Day and Remembrance Day, employees may be required or requested to work a fourth shift between Monday and Friday inclusive, with the exception of the day declared a holiday. Such fourth shift if worked during a week in which the named statutory holidays fall shall be paid at the rate applicable if the shift were worked during a non-holiday week. No employee will be required to work moie than four such shifts during the calendar year, unless the employee so desires. Provided all available substitutes are hired first on a day-to-day basis during the week in which the statutory holiday falls. If an employee is required to work a fourth shift in a statutory holiday week, the employee shall have the option to receive cash or bank the day(s) to be taken at his discretion provided that he/she gives the employer two weeks notice. The taking off of the above days shall not conflict with the vacation schedule. Any banked day(s) not scheduled shall be paid out on the first payday in December. Only one employee will be allowed to exercise their option at any one time under this provision. (e) Statutory holidays that fall on a Saturday shall be celebrated on the preceding Friday. Statutory holidays that fall on a Sunday shall be celebrated on the following Monday. Any other arrangement shall require mutual agreement by the members of the chapel and the Employer. VACATION 9. (a) All members and apprentices covered by this Agreement having one (1) year's service shall be allowed three (3) weeks' vacation with pay. Employees having five (5) years' service shall be allowed four (4) weeks' vacation with pay. Employees having ten (10) years' service shall be allowed five (5) weeks' vacation with pay. Employees having twenty (20) years' service shall be allowed six (6) weeks' vacation with pay (effective with the employee's anniversary date after January I, 1984 ). The additional weeks in excess of the minimum three (3) weeks may be taken at a different time without penalty to the employer. (b) Computation of vacation credits shall be calculated from date of employment. One hundred and thirty (130) shifts shall constitute one year's vacation credits. Employees with less than one year's service whose employment is terminated shall receive one day's vacation for every 13 days worked (or major fraction thereof) to a maximum of ten paid vacation days. Members entitled to three weeks vacation with pay who work less than 130 shifts shall receive one day's vacation for each 11 shifts worked; members entitled to four weeks vacation with pay who work less than 130 shifts shall receive one day's vacation for each eight shifts worked; members entitled to five weeks vacation with pay who work less than 130 shifts shall receive one day's vacation for each seven shifts worked; members entitled to six weeks vacation with pay who work less than 130 shifts shall receive one day's vacation for each six shifts Page3

4 worked. Days lost due to illness and accident shall be considered working shifts. Each employee shall receive his or her full earned vacation in the calendar year that the anniversary date is reached. (c) When an employee's anniversary date falls due in December and thereby prevents such an employee from receiving his/her full number of days of earned vacation in the calendar year in which his/her anniversary of employment date was reached the unused days shall be added to the employee's succeeding year's earned vacation credits. (d) It is agreed that an employee shall not be allowed to forego vacation in any year for the purpose of adding to the length of his/her vacation in any succeeding year except that one year's vacation may be combined with the succeeding year's by mutual agreement of the foreman and the member in consultation with the chapel chair. All earned vacations must be taken before the end of the second calendar year. (e) Vacation pay shall not be allowed for vacations not taken. Vacations shall be taken before December 31st of the year in which they fall due except as in Subsections (c) and (d) above. (f) It is agreed that the Employer shall not be obligated to fill the positions of employees on vacation but may do so at his /her own discretion. (g) The time of year that each employee shall take his/her vacation shall be arranged by the foreman after consultation with the chapel chair. Where practicable, choice of vacation periods shall be allowed in priority order. Vacation lists must be completed prior to March 17 of each year. Choice of vacations cannot be changed after March 17 except by mutual consent of the chapel chair and foreman. The normal period for taking vacations shall be during the months of June 15 to September 15 and members shall be permitted to take two weeks only during this period unless otherwise agreed by mutual consent of the chapel chair and the Employer. (h) If, at the request of the foreman, an employee is required to take his/her vacation at a time other than that which he/she has chosen as provided in Subsection (g) of Section 11, as permitted by his/her priority standing in an office, he/she shall be allowed one (I) week extra with pay. (i) Vacation pay scale in each case shall be the straight time rate including bonuses or premiums, if any, currently paid to the employee, or two per cent (2%) of the previous year's T4 slip for each week of vacation, whichever is the greater. SUPPLEMENTARY VACATION 10. After completing fifteen (15) or more years of continuous service with the Company, an employee shall, in addition to the regular vacation to which he/she is entitled become eligible to receive a supplementary vacation with pay each five (5) years as set forth below: Years of Completed Weeks of Supple- Continuous Service mentary Vacation 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) (a) The supplementary vacation must be taken prior to the employee becoming eligible for his/her next earned period of supplementary vacation as provided in Section 12 above. (b) For the purpose of determining eligibility for supplementary vacation an employee's service shall be calculated from the last continuous service date of joining the Company. (c) 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/her last five (5) years entitlement period. ACCIDENT PAY 11. In the case of an industrial accident, the Employer will pay the difference between the injured employee's wages and Worker's Compensation Board rates up to a maximum of one (1) year, without prejudice. SICK LEAVE 12. Each January first employees shall be granted eight (8) days' sick leave. Such sick leave, if not used, will be paid to the employee on December 31st of each year. Sick leave shall be paid at the employee's regular straight time rate including bonuses or premiums, if any. In addition to the above, each January first employees shall be granted four (4) additional days' sick leave. However, these days are to be used exclusively for sickness and if not used, are not paid out. PRIORITY 13. (a) Priority members shall have choice of new shifts, new off days, days in lieu of statutory holidays, new starting times, provided that changes shall be made only when new openings occur and also provided no changes shall be made which measurably decrease the efficiency of the composing room. (b) It is agreed that no section of this Agreement shall be construed as to interfere with a member's basic priority as determined by the Union. MISCELLANEOUS 14. Unifor Local2000, reserves to its members the right to refuse to execute any work coming from or destined for other employers or publications which have been declared by the Union to be unfair, and to refuse to work in any office where any department under the jurisdiction of Unifor Local 2000, is declared unfair by the union. The Union further reserves the right to its members to refuse to cross a legal picket line. 15. (a) The foreman may discharge (1) for incompetency; (2) for neglect of duty; (3) violation of office rules, which shall be kept conspicuously posted, and which shall in no way abridge the civil rights of employees or their rights under accepted Unifor Local 2000, Laws. A discharged employee shall have the right to challenge the fairness of any reason given for his/her discharge. Upon demand, the foreman shall give the reason for discharge in writing. Demand for written reason for discharge shall be made within seventy-two hours after the employee is informed of discharge. (b) When it becomes necessary to decrease the force such decrease shall be accomplished by discharging first the person or persons last employed either as regular employees or as extra employees, as the exigencies of the matter may require. Should there be an increase in the force the persons displaced through such cause shall be reinstated in reverse order in which they were discharged before other help may be employed. Persons considered capable as substitutes by the foreman shall be deemed competent to fill regular situations, and the substitute Page4

5 oldest in continuous service shall have prior right in the filling of the first vacancy. This section shall apply to incoming as well as outgoing foremen. 16. No Union representative or member shall be interfered with, nor discriminated against by the Company for carrying out the instruction of the Union governing the interpretation, application or alleged violation of this Agreement. 17. Handing out copy and giving instructions shall be considered the work of the foreman, and persons so employed shall be members in good standing of Unifor Local 2000, and shall receive such bonus or premium as may be agreed upon between the Employer and the foreman. 18. No member shall be required to change his/her regular starting time more than once within a work week. Reverting to the member's original starting time, after a rest period of not less than ten (10) hours, within a work week shall not constitute a second change. 19. Employees who are called back to work, after the conclusion of a shift shall receive one hour's pay at straight-time rates in addition to the overtime rates for work performed. 20. (a) No member covered by this Agreement shall be employed for less than a full shift. (b) No member shall be employed for less than a full shift for any work done on a Sunday, a holiday or on an off-day or off-night. (c) Nothing in the above provisions shall mean that an employer must pay for a full shift when an employee is discharged for cause or excused at his/her own request. 21. Lunch time (which shall be not less than one-half hour or more than one hour) must be not more than four hours from starting time, except in cases of emergency. 22. Officers of the Union shall have access to the Employers' premises at reasonable times to confer with the chair or members. Members shall at all times have the right to seek work in the plants and contact the Chapel Chair for that purpose. Provided, they first notify management before entering the plant. Permission shall not be withheld unreasonably. SANITATION 23. There shall be furnished at all times a healthful, sufficiently ventilated, properly heated and well-lighted place for the performance of all work done by members covered by this Agreement. Unifor Local 2000, reserves the right to secure the services of sanitary and ventilation experts, at its own expense, whose report shall be submitted to the Employer, who shall have the privilege of submitting said report to the municipal health officer for verification, whose report shall be final and carried out as soon as practicable. GRIEVANCE PROCEDURE 24. (a) Within thirty days of the signing of this Agreement a standing committee of two representatives appointed by the Employer and a like committee of two representatives appointed by the Union, shall be maintained; and in case of a vacancy, absence, or refusal of either of such representatives to act, another shall be appointed in his/her place. (b) As the first step in the grievance procedure set out herein, any dispute which may arise as to the rights of the parties to this Agreement or any dispute as to the construction or interpretation to be placed upon any section of this Agreement, or alleged violation thereof, except as otherwise provided in Sub-section (i), shall be referred to the foreman and chapel chair, who shall attempt to resolve the problem. Their decision. shall be reported immediately to the Employer and the Union for ratification. Should the foreman and the chapel chair be unable to reach a decision within forty-eight (48) hours (this time may be extended up to one week by mutual consent) the matter shall forthwith be referred to the Joint Standing Committee. (c) The Joint Standing Committee shall meet within five days when any question of difference shall have been referred to it for decision by the executive officers of either party to this Agreement. If decision is reached on that issue by the committee it shall be binding on both parties for the duration of this Agreement. (d) If the Joint Standing Committee cannot reach a majority decision on any dispute within ten (10) days from the date on which the dispute is first considered by it, either party may refer the matter to Arbitration, the representatives of each party to the Agreement to select an Arbiter. If the parties are unable to agree upon an arbiter he/she shall be selected by the Minister of Labour of the Province of British Columbia (e) The Arbiter shall conduct the hearing within twenty (20) days from the date on which either party requested Arbitration. Within thirty (30) days of completion of hearings the Arbiter shall render his/her decision. (f) The Arbiter's decision shall be fmal and binding on both parties. However, in no event shall the Arbiter have the power to alter or amend this Agreement in any respect. (g) Provided, that local Union laws not affecting wages, hours or working conditions and the General Laws of Unifor Local 2000, shall not be subject to arbitration. (h) It is further agreed that conditions prevailing prior to any action or circumstances which causes a dispute shall remain unchanged until the dispute shall have been settled as provided herein. (i) In discharge cases, the employee shall not be reinstated until and unless his/her reinstatement is ordered by the Joint Standing Committee or the Board of Arbitration, which shall determine the amount of compensation for time lost, and such compensation shall be paid immediately. (j) Subsection (2) and (3) of Section 50 of the Labour Relations Act shall be inoperative and shall not be applicable to this Agreement. EXTRA WORK 25. Employment other than regular situations shall be classed as extra work and shall be given out in priority to the members competent to perform this work. 26. Upon reaching the point where the office has hired substitutes and/or worked overtime for a total of sixty-four (64) hours in any two (2) consecutive weeks the prior competent substitute shall be given a situation and shall continue as a situation holder until 24 hours' notice shall have been given of a reduction in the number of situation holders. 27. A situation shall consist of not less than four (4) days. SEVERANCE PAY 28. Severance Pay in a lump sum of two week's wages for each six months to a maximum of sixteen weeks (16) shall be paid to each employee who loses employment for any reason other than dismissal for just cause, retirement or voluntary resignation. 30. The employer has the option of substituting written PageS

6 notice, equivalent to the employee's severance entitlement, except as noted in section 31 below. 31. If the employer terminates an employee's employment without cause and excuses the employee from performing his or her duties under this collective agreement, said employer shall provide the employee with severance pay. BEREAVEMENT LEAVE AND PAY 32. A regular employee will be granted a maximum three (3) days' leave of absence with pay between Monday and Friday inclusive for the purpose of making arrangements and/or attending the funeral in the event of the death of a husband, wife, mother, father, son, daughter, brother, sister, father-in-jaw, mother-in-jaw, and the grandparents or grandchildren. Such possible days leave of absence shall be between the day of death and the day of the funeral. This is subject to the provisions that the employee shall not receive additional bereavement leave or pay if the death and funeral occurs during his or her vacation, during a leave of absence, or the employee's day off. One (1) extra day bereavement leave shall be allowed for the purpose of attending a funeral as outlined above, outside the Province of British Columbia In the event of the death of a spouse an additional day shall be granted with pay. PERSONAL HARASSMENT 33. Definition: Personal harassment is any behaviour by any person in the workplace that is directed at and is offensive to an employee, endangers an employee's job, undermines the performance of that job or threatens the economic livelihood of the employee. Personal harassment may be defmed as repeated, intentional, offensive comments or actions deliberately designed to demean an individual or to cause personal humiliation. The definition includes such blatant acts of misuse of power as intimidation, threats, blackmail and coercion and applies to the distribution of work assignments or training opportunities, promotional opportunities, performance evaluations or the provision of references. Also included is favouritism of one employee to the disadvantage of another. Personal harassment occurs when an individual uses his/her authority or position, with its implicit power, to undermine, sabotage or otherwise interfere with the career of another employee. The Company hereby agrees that the above-mentioned behaviour will not be tolerated and persons conducting such behaviour will be appropriately reprimanded up to and including dismissal. DUES CHECK-OFF 34. The Employer shall deduct membership dues monthly from the earnings of each member of the Union working for the Employer and shall remit said funds to the Union monthly. Membership dues shall be deducted from members' earnings in accordance with the schedule of dues rates furnished the Employer each month by the Secretary-Treasurer of the Union. Members shall be required to sign an authorization for deduction by the Employer in the following form: ASSIGNMENT AND AUmORIZATION TO CHECK OFF To: Unifor Local 2000 UNION DUES I hereby assign to Unifor Local 2000, and authorize you to deduct monthly from any earnings as your employee, an amount equal to all Union dues levied against me by the Union for each dues month following the date of this assignment. I hereby authorize and request you to remit the amount deducted to the Communications, Energy and Paperworkers Union of Canada, Local (Employee's Signature)... (Date) LETTER OF AGREEMENT NO. 1 Re: JOB DESCRIPTIONS It is agreed and understood that the job descriptions for employees shall be as follows: JUNIOR DESIGNER - One to three years experience. Growth and learning position. Good computer layout and/or Web programming skills. Supports and assists the senior designers and works on aspects of some design projects with supervision. Detail oriented; team player; strong typography; takes direction well. INTERMEDIATE DESIGNER - Three to five years experience. Growth position. Strong computer layout and/or Web programming skills with some project management skills. Works with senior designers and art director to help implement aspects of certain projects or is given smaller projects to do on own with supervision. Refines fmal design into final digital mechanicals. Team player; self starting. SENIOR DESIGNER - Five plus years experience. Strong computer layout and/or Web programming skills and project management skills. Able to conceptualize (through final digital mechanicals), art direct and present complete projects with approval of art director. Works with illustrators and photographers. Supervises photo shoots. Supervises junior designers and production employees. Team player; good supervisor and manager. JUNIOR PRODUCTION - One to three years experience. Learning position. Good computer layout and/or Web programming skills. Able to do comp production with some understanding of prepress. Takes direction from either production or design staff. Detail oriented; team player; takes direction well. INTERMEDIATE PRODUCTION - Three to five years experience. Growth position. Strong computer layout and/or Web programming skills. Some project management skills. Able to work with minimum supervision from designer mockups on multiple projects. Able to create and preflight final art for prepress. It has design sensibility, sometimes called upon to fit copy or art, as necessary. Team player; self starting. SENIOR PRODUCTION - Seven or more years experience. Excellent computer layout and Web programming skills and understanding of prepress. Must be able to be hands on if necessary. Good organizational skills; oversees quality control of all workflow while holding deadlines. Supervises staff. Key liaison with studio and outside vendors. Excellent manager and supervisor. Employees at Jess than the Senior position will be assessed at each armiversary date of their employment with Working Design Inc and the employer shall determine if the employee qualifies to proceed to the next higher level of experience and pay. The union shall received written notice of such assessment Page6

7 and the decision made by the employer. The employee has the right to grieve his or her assessment if the employee considers the assessment to be unfair. IN WITNESS WHEREOF, we have hereunto set out hands this... "3?~.91~... of....".'::\sf 20.. \~... ~4~.... o~n~~-~ ~ For the Union LETTER OF AGREEMENT NO.2 Re: PART-TIME It is agreed and understood that the company may employ part-time help from time to time. The part-time worker shall be required to be a member of the union and the employer shall collect union dues from said part-time employee and forward the dues and contributions as stated else where in this contract. IN WITNESS WHEREOF, we have hereunto set out hands ili ::=~ll!~~:: ~ Fo fuo~ For the Union LETTER OF AGREEMENT NO.3 Re: CASUAL HELP It is agreed and understood that the company may employ casual help from time to time. The casual worker shall be required to be a member of the union and the employer shall collect union dues from said casual employee and forward the dues and contributions as stated else where in this contract. If the casual worker is not a journeyman worker, the company and the union shall agree as to where on the apprenticeship wage scale is the appropriate place for the casual worker and said worker will receive such rate of pay. In no event will a casual worker be employed for a period of more than three (3) months without the written permission of the union. IN WITNESS WHEREOF, we have hereunto set out hands LETTER OF AGREEMENT NO.4 Re: ELAINE LITTMAN Both parties agree that the above named employee, receiving wages over and above the rates included in this agreement shall continue to receive her merit pay, plus all wage increases, as negotiated on renewal of the collective agreement. IN WITNESS WHEREOF, we have hereunto set out hands m,... :>z-::.7/.yor :$.""':::i.w '--'-... v.~.... Fo fuo~ For the Union LETTER OF AGREEMENT NO. 5 Re: ELAINE LITTMAN Both parties agree that the above named employee, upon loss of employment for any reason other than gross misconduct shall receive severance in the amount of $60, less statutory deductions. Working Design Inc will continue to pay Elaine Littmann her average weekly wage (based on her previous year's earnings) for 52 weeks after the last day of her employment, up to the amount of$60,000. Alternately upon mutual agreement of both parties severance may be paid in a lump sum or three lump sums of equal payment. IN WITNESS WHEREOF, we have hereunto set out hands m - ~ 20 1 ~.. ~" lp~.w.l~ For the Empl e Page 7

8 QJ Un ifor UNIFOR GRAPHICAL UNION LABEL COLLECTIVE AGREEMENT LANGUAGE 1. The Unifor Union Label is the exclusive property of Unifor (the National Union) and its use is authorized only by the express direction and consent of the National Union upon execution of, and compliance with, the National Union's Union Label License Agreement. A copy of that Agreement is attached to this collective agreement and must be recommended by the Local Union, executed by the Company and approved and signed by the National Union to be effective. 2. The Company may affix the Unifor Union Label on all work produced hereunder provided that the Union Label License Agreement has been complied with, is in full force and effect and has not been revoked or cancelled in accordance with the terms thereof. 3. Upon request by the Shop Steward, Local Union or National Union, the Company shall reveal the source of any work brought in to the plant from the outside. Where some work is done outside the plant, the Company shall advise the Shop Steward and Local Union (prior to affixing the Union Label on any such work) of the name of the plant where the work is to be sent for completion, and if the result of such inquiry is that the terms of the Union Label License Agreement are not complied with, the Label shall not be affixed. Q) Unifor C9J LABEL Un ifor LICENSE AGREEMENT AGREEMENT this day made between the Unifor (hereinafter called the "Union") and the "Company" signatory hereto (see reverse side). WHEREAS, the Company acknowledges that the Union Labels, a facsimile of which appears above, are valuable property owned exclusively by the Union, and are registered trade marks with the Canadian Trade Marks Office, and WHEREAS, the Company acknowledges that the display of said Union Label(s) upon any printing process or finished product conveys certain important representations to the Pl.!blic, in particular that the manufacturing, processing, binding and finishing has been produced entirely by members of the Union, working under conditions of employment negotiated by this Union and/or one or more of its Locals, and WHEREAS, the Company is party to a collective bargaining agreement with one or more Locals of the Union, covering all of its printing and related processes, manufacturing, binding, and finishing production workers, and WHEREAS, the Company desires a license from the Union to display said label(s) on any printing or related process, and on bound and finished products; NOW THEREFORE, the parties mutually agree as follows: 1. The Union hereby licenses the Company to use the Union Label(s), accompanied by the assigned label number, for display on any printing or related process, and on bound and finished products, upon the following terms and conditions: (a) That the product bearing the Union Label(s) must be produced entirely in the Company's plant to which this label license agreement is issued (except that where any part of the product and/or binding and finishing is done outside the plant, the Union Label(s) may nevertheless be used, provided that the shop where such work is done has a valid contract with a Union Local or contract with another union affiliated with the CLC or AFL-CIO), or where the preparatory work is done on the desk top publishing system of a customer of the Company and m Page 8

9 the disk or other media is provided to the Company for production. (b) That any printing or related process, manufacturing, processing, binding, finishing, or a majority of such work, must be produced by members of the Union, except as provided in paragraph (a) above, provided that the balance of the work is produced by members of another Union or unions affiliated with the CLC or AFL-CIO. The Company understands that the use of the Union Label(s) on products not produced, bound, and finished, as set forth herein, would constitute a misrepresentation to the public, and the Company agrees that the Union Label(s) will not be displayed upon such products, except in full conformity with this license agreement. (c) That a collective bargaining agreement (or agreements) is in effect between the Company and said Union Local(s), and that the Company is in full compliance in every respect without exception with the provisions contained in said collective bargaining agreement(s), provided, however, that the Union may, at its sole discretion, permit the Company to continue to use the Union Label(s) if in the judgment of the Union, a satisfactory resolution of the contract dispute is imminent. The conditions set forth in sub-paragraphs (a) and (b) above shall be deemed to be complied with if the Company is in full compliance with Union shop clauses of its collective bargaining agreement(s) with the Union Local(s). If the contract does not contain Union shop clauses, or if federal or provincial laws do not permit such clauses, the Company agrees that the Union Label(s) shall not appear upon any of its printed or related process, and finished products whose manufacturing and processing work is performed by any employee who is not a member of the Union. (d) That the Company shall use only the name of the Company, shop number, and registration mark, as it appears herein, in connection with such Union Label(s). The Union Label registration mark and Company name, if used, shall be clear, distinct and legible. 2. The Company does hereby accept the license to display the Union Label(s) upon the terms and conditions herein set forth, it being understood that in the event of a breach by the Company of any conditions or provisions herein, the Union shall have the unqualified right to terminate this license immediately upon written notice to the Company, and to file suit for injunctive and monetary relief under federal or provincial law. The Company agrees that, upon receipt of notice of termination, it shall forthwith desist from the use of said Union Label(s), it being the intention of the parties that while the question of the disputed breach is being determined by them, the Company shall not continue to use the Union Label(s) and that, in no event, shall the revocation of the license with or without reason or cause, subject the Union to a suit, counterclaim, or judgment for damages. 3. Notwithstanding anything to the contrary contained in the collective bargaining agreement(s) between the Company and said Union Local(s), no issue, dispute, or question whatever arising under this label license agreement, including paragraph 1 (c) herein, shall be deemed subject to the arbitration provisions of said collective bargaining agreement(s), or governed by the outcome of any arbitration held pursuant thereto. 4. The license granted herein is not assignable for any purpose whatsoever, and the Company hereby recognizes that it has no title whatsoever to the Union Label(s) other than a mere license to use same as provided for in this label license agreement. 5. This label license agreement shall automatically terminate, without notice from the Union, and the right of the Company to use the Union Label(s) shall immediately cease in the event that any existing collective bargaining agreement(s) between the Company and a Union Local terminates provided, however, that the Union may, at its sole discretion, permit the Company to continue to use the Union Label(s) if, in the judgment of the Union, the negotiation of a replacement agreement appears imminent. 6. In the event of termination of this label license agreement, the Company shall forthwith surrender the negatives, positives, prints, mats, or dies of the Union Label(s). This agreement shall not be waived or modified in any respect except in writing signed by the National Director, Unifor Graphical, of the Union. 7. The exclusive right to institute legal proceedings for any unauthorized use of the Union Label(s) shall remain in the Union, but the Union shall not be liable to the Company for any failure to institute such proceedings. 8. If any provision or clause of this label license agreement is held invalid, as contrary to law or public policy by a court of competent jurisdiction, only such clause or provision and only to the extent that it is so in violation shall be deemed ineffective and unenforceable, and in such event shall be deemed severable from the remaining provisions of this label license agreement which shall remain binding upon the parties. Page 9

10 IN WITNESS WHEREOF, the parties hove hereunto signed this Iobel license agreement the gb -<~ dey of ~\:.p, 20~. \ FOR THE LOCAL UNION: Name: Local Name/Number: ~Oc...A k ~t)o D Local Address: ~ -=1 co - (os~ UC:~ 1--\A.s-n.-1 c;;.-r UM COo VG-LL ~ -C -.J 6 \3> \f' \ Telephone No.: Fax No.: SIGNATURE*: *NOTE: The signature of the Local Officer signifies the recommendation by the Local Unio Agreement must be signed below by the National Union in order to make it binding. FOR THE NATIONAL UNION: -. '' National Director - Unifor Graphical Unifor Local Number: Lobel Number Assigned: Collective Agreement Article number re LLA: Collective Agreement commencement date: Collective Agreement expiry dote: Page 10