Caw - Local 103

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Agreement No. 4BETWEENONTARIO NORTHLANDANDCAW – LOCAL 103RepresentingCLERKS AND OTHER CLASSESRevised and Reprintedeffectiveexcept as otherwise indicated hereinExpires December 31, 201303009 (11)

IndexARTICLE 1. 1Recognition and Scope . 1ARTICLE 2. 1Definitions and Job Descriptions . 12.1 Clerical Workers:. 12.2 Machine Operators: . 12.3 Baggagemen, Assistants and Yard Checkers: . 22.5 Duties of Warehousemen Grade 3: . 22.6 Duties of Warehouseman Grade 2: . 32.7 Stockkeeper -. 42.8 Truck Drive/Machine Operator . 62.9 Storesperson - North Bay. 72.10 Train Messenger: . 82.11 Train Messenger Helper:. 82.12 Train Value Guard:. 82.13 Regular Combined Train Service and Station Position:92.15 Work Week . 9ARTICLE 3. 10Seniority Groupings. 10ARTICLE 4. 11Seniority Status and Lists . 11ARTICLE 5. 13Bulletining and Filling Positions . 13ARTICLE 6. 16Vehicle Permit and Gate Pass. 16ARTICLE 7. 17Staff Reduction and Recall to Service . 17ARTICLE 8. 19Rehabilitation . 19ARTICLE 9. 20Training . 20

9.2 Training During Normal Working Hours:. 219.3 Training New Employees . 21ARTICLE 10 . 22Discipline and Grievances . 22Grievance Procedure . 24Step 1 . 24Step 2 . 24ARTICLE 11 . 28Free Transportation and Leave of Absence. 28ARTICLE 12 . 30Hours of Service and Meal Period . 30ARTICLE 13 . 31Overtime and Calls. 3113.9 Overtime Banking . 33ARTICLE 14 . 34Assigned Work Week and Rest Days . 34ARTICLE 15 . 36Life Insurance Upon Retirement . 36Continuation of Benefits. 37Injured on Duty . 37Worker Compensation/Weekly Indemnity . 37ARTICLE 16 . 38Service Away from Headquarters . 38ARTICLE 17 . 38Attending Court . 38ARTICLE 17A . 39Jury Duty. 39ARTICLE 18 . 39Held for Investigation or Railway Business . 39ARTICLE 19 . 39Relief Work and Preservation of Rates. 40

ARTICLE 20. 42Service Letters . 42ARTICLE 21. 42General Holidays. 42ARTICLE 22. 45Annual Vacations . 4522.19 Advance Vacation Payment . 50ARTICLE 23. 51Bereavement Leave . 51ARTICLE 24. 52Health and Welfare. 5224.1 Employee Benefit Plan. 5224.2 Dental Plan for Employees of Ontario NorthlandRailway . 52ARTICLE 25. 52Deduction of Union Dues. 52ARTICLE 26. 55Employment Security and Income . 55Maintenance Plan. 55ARTICLE 27. 55Train Service Employees. 55ARTICLE 28. 56General . 56ARTICLE 29. 57Spare Employees . 57ARTICLE 30. 58Students . 58Article 31. 58Continuation of Benefits on Retirement . 58ARTICLE 32. 5932.1Rates of Pay. 59Weekly Effective . 59

32.2 Rate Groupings . 60List of Classifications. 61EXPRESS SERVICES. 61List of Classifications. 61RAIL SERVICES. 61Leading Hand. 63Duties and Responsibilities of Leading Hands . 63ARTICLE 33 . 64Printing of Agreement. 64ARTICLE 34 . 64Duration of Agreement . 64Letters of Understanding. 65Other Related Duties. 66Special Arrangements for an Employee Who BecomesPhysically Disabled . 67Contracting Out of Work . 69Local Agreement . 72RE: Floating Vacations Days . 72RE: Short Term LOA. 72Fuelling of Buses. 73Abolishment of a Spare Position. 74LOCAL AGREEMENT BETWEEN CAW LOCAL 103 ANDONTARIO NORTHLAND TRANSPORTATION COMMISSIONAFFECTING EMPLOYEES IN THE NORTH BAY YARDOFFICE. 75TEMPORARY VACANCIES OF LESS THAN FIVE DAYS 75INTERPRETATION CONCERNING VACANCIES OF FIVEDAYS OR MORE. 75LEAVE FROM WORK. 76Notice to Supervisors . 77RE: Access to stores during off-shifts . 77Satellite Stores-Mechanical Department. 78Medical Forms-2003. 79

STATEMENT OF COMMITMENT . 80Early Return to Work. 80Early Return to Work. 80Communication and Training . 80Process. 81Top – Up Pay for Early Return to Work Program . 84Contribution Holiday . 85Memorandum of Understanding Employment Equity . 86The Diversity and Community Access Committee shall: . 87Diversity and Community Access Programs. 87Memorandum of Understanding between the ONTC and itsUnions relating to the introduction and use of Close CircuitTelevision (CCTV) at various locations and facilities . 89Work Clothes. 91Drug, Alcohol or Genetic Testing. 92Modernization of Pension Plan . 93Amendment #16 . 93Letter of Understanding Regarding CSU / Engine Watchman –Hearst . 94Letter of Understanding regarding Student Hiring. 95Overtime for Employees of Wage Agreement #4. 96Overtime General. 96Shipment of Supplies-Ontera’s New Liskeard Office . 99Selection Process. 100Stores Department Vacation Letter of Understanding. 101Filling Vacancies-Agreement #4 . 102Express Services. 103Probationary Employees Work Performance . 104Employee Leave of Absence . 105Human Rights . 106Medical Forms-2008. 107APPENDIX “A”. 108

Employee Benefit Plan Supplemental Agreement (Green) . 108Employment Security and Income Maintenance Agreement(Blue) . 108

ARTICLE 1Recognition and Scope1.1The Railway recognizes the Canadian Auto Workers asthe sole collective bargaining agent with respect to wages, hoursof work and other working conditions for all classes of employeesset forth herein.1.2The following rules and rates of pay shall govern theservices of employees of the classifications set forth herein.1.3It is the policy of the Railway to co-operate in everypractical way with employees who desire advancement toexcepted positions. Accordingly such employees who makeapplication to the appropriate officer, stating their desires,qualifications and experience will be given preference foropenings in excepted classifications providing they have thenecessary capabilities.ARTICLE 2Definitions and Job DescriptionsThe classification of "Clerks" may be subdivided and defined asfollows:2.1Clerical Workers:Employees who regularly devote not less than four hours per dayto the writing and calculating incident to keeping records andaccounts, rendition of bills, reports and statements, handling ofcorrespondence and similar work.2.2Machine Operators:Employees who regularly devote not less than four hours per dayto the operation of office or station mechanical equipmentrequiring special skill and training, such as accounting,calculating, statistical and keypunch machines, typewriters,dictaphones and other similar equipment.1

2.3Baggagemen, Assistants and Yard Checkers:Will be considered as Clerks in the application of apprenticerates of pay.2.4The foregoing definitions, paragraphs (1), (2), and (3)shall not be construed to apply to:(a)Employees engaged in sorting bills, inserting andremoving carbons, etc.(b)Office Boys, Messengers and Call Boys, or to otheremployees doing similar work.(c)Employees performing manual work and requiring clericalability.2.5Duties of Warehousemen Grade 3:(a)Will assign Warehouseman to ensure the promptexpedition and efficient handling and movement of merchandise.(b)In particular to perform the following duties:Checks merchandise against any type of waybill. Observes thegeneral condition of the lading and the loading; noting allexceptions, makes a detailed report on appropriate forms.Ensures that local freight be placed for delivery and transhipfreight dispatched to correct outgoing car.Ensures that "in bond" traffic is loaded to manifest points only.Prepares Over Reports on freight checking over without billing.Ensures that notations are made at transfer points on originalwaybills of any shortages, damages, or other exceptions.Ensures the proper handling of explosives and other dangerousarticles in accordance with instructions.Weighs outgoing traffic at scale and ensures that proper weightis entered on billing, along with proper address.2

Ensures that the scales are in good order at all times andimmediately reports any exceptions to his/her superior.Writes up transfer sheets on goods being transferred to, alsochecks and signs for transfers from connecting carriers.Scrutinizes the dates on freight bills presented to them by privatecarters to ascertain storage charges, if applicable. Sorts waybillsand traffic as required.Operates power equipment.(c)Performs duties of Warehouseman Grade 2,necessary and other duties as assigned by Management.2.6asDuties of Warehouseman Grade 2:Checks merchandise against any type of waybills.Observes the general condition of the lading and the loading;noting all exceptions, makes a detailed report on appropriateforms.Ensures that local freight be placed for delivery and transhipfreight dispatched to correct outgoing car.Ensures that "in bond" traffic is loaded to manifest points only.Prepares Over Reports on freight checking over without billing.Ensures that notations are made at transfer points on originalwaybills of any shortages, damages, or other exceptions.Ensures the proper handling of explosives and other dangerousarticles in accordance with instructions.Weighs outgoing traffic at scale and ensures that proper weightis entered on billing, along with proper address.Ensures that the scales are in good order at all times andimmediately reports any exceptions to his/her superior.3

Writes up transfer sheets on goods being transferred to, alsochecks and signs for transfers from connecting carriers.Scrutinizes the dates on freight bills presented to them by privatecarters to ascertain storage charges, if applicable.Sorts waybills and traffic as required.equipment.Operates powerLoads and unloads traffic to and from trains, cars spotted at theshed tracks, trucks and trailers, and to and from shed floor,working into and out of trucks or cars.Stows traffic in cars in proper route sequence and ensures carsare properly blocked to eliminate damage to shipment enroute.Coopers damaged traffic to be put in best possible appearanceat time of delivery with suitable notation made on unloadingrecord.Ensures proper sealing of all cars and accurate records of allseals affixed or removed recorded in the seal book.Performs above and such other duties as required byWarehouseman Grade 3, or by Management.2.7Stockkeeper GO TransitNorth Bay Main StoresNorth Bay Car StoresNorth Bay Mtce of Way StoresEnglehart StoresNorth Bay Locomotive StoresCochrane Stores(a)Receives, stores, issues, ships and replenishes suppliesand material used in operation of Ontario Northland.(b)In particular to perform the following duties:Performs authorized functions necessary to receive, issue, andreplenish material, either manually or electronically on acomputer.4

Identifies, verifies, and ensures the accuracy of shipments ofmaterial received from supplies, shops and other stores.Conducts daily replenishment process for inventory, revisesorder quantities when required, creates and transmitsrequisitions to Purchasing.Processes, issues and replenishes the Work Order satelliteStores.Stores material in the appropriate stores location.Maintains stock locations, identifies locations for new products,and inputs new stock item information.Advises other departments when material is received.Ensures WHMIS sheets are received for WHMIS materials.Performs accurate counts of material received, issued, shippedand on hand.Counts material identified on replenishment and inventoryreports, investigates and adjusts incorrect quantities.Issues required material to appropriate user according torequisition.Picks material required by users.handling equipment.May have to use materialPacks and prepares materials for shipment. This includescompleting all related forms such as labels, postal forms,waybills, placards, shipping documents, etc. This also includesordering and billing railcars in and out of the Stores department.Operates forklift or other material handling equipment to asset inloading/ unloading or moving materials and products, if required.Accurately completes, files, and updates all forms, records,reports and documents required for the Stores functions.Ensures that respective work areas are clear and free of hazardsat all times. This includes daily housekeeping duties.5

May be required to work outdoors in all weather.Note: The Locomotive Stockkeeper will reconcile issues fromprevious shifts. (Shifts outside of the hours of 8 to 4 - Monday toFriday)2.8Truck Drive/Machine Operator(a)Provides a daily pickup and delivery service using theStores vehicle.(b)In particular to perform the following duties:Daily local pickup and delivery of mail and Ontario Northlandmaterials and documents as per current schedule.Local pickup and delivery of Stores material.Local pickup of purchased items.Local pick up and delivery of BPX to Station.Operates computerized equipment if required.Operates Stores department forklift and other material handlingequipment when required.Performs daily inspection of vehicle in order to ensure that it is insafe operating condition.Hazards are to be immediatelyidentified to the Storekeeper for corrective action.Out of town deliveries and pick-ups:Requests for out of town deliveries will be considered throughthe Storekeeper on an emergency basis only.The requests will be subject to availability of a vehicle and driver.On a day when the driver has completed his/her normal shift,he/she will not be permitted to take a call to drive if it wouldinvolve a return trip of more than 400 kms. (Englehart being a400 km round trip from North Bay.)6

2.9Storesperson - North Bay(a)Receives, stores, issues or ships supplies and materialused in operation of Ontario Northland.(b)In particular to perform the following duties:Performs authorized functions necessary to receive, issue, andreplenish material, either manually or electronically on acomputer.Identifies, verifies and ensures the accuracy of shipments ofmaterial received from suppliers, shops and other stores.Stores material in the appropriate stores location.Advises other departments when material is received, shipsmaterials if required.Ensures WHMIS sheets are received for WHMIS materials.Performs accurate counts of materials received, issued, shippedor on hand.Issues required material to appropriate users according torequisition. Picks material required by users. May have to usematerial handling equipment.Fuelling of vehicles.Packs and prepares materials for shipment. This includescompleting all related forms such as labels, postal forms,waybills, placards, shipping documents, etc. This also includesordering and billing railcars in and out of the Stores department.Loads/unloads materials from or into railcars, trailers, and trucks.Installs strapping, bracing, or padding to prevent shifting ordamage in transit, using appropriate equipment. This includestank cars of diesel fuel.Operates forklift or other material handling equipment forloading, unloading, or moving materials and products.7

May be required to drive Stores vehicles to pick up and/or delivermaterial required.Performs daily inspection of vehicles in order to ensure that theyare in safe operating condition. Hazards are to be immediatelyreported to the Storekeeper for corrective action.Accurately completes, files, and updates all forms, records,reports, and documents required for the Stores functions.Ensures that respective work areas are clear and free of hazardsat all times. This includes daily janitorial duties.May be required to work outdoors in all weather.2.10Train Messenger:An employee required to cover a given train service route andtake complete charge of all traffic handled in a car or cars,assigned for express or express freight service in the train onwhich the employee operates. During this period of duty theemployee may receive, check, protect, detrain or otherwisedispatch such traffic as is entrusted to his/her care, complete ormake trip reports, bad order reports or short reports, waybills,abstracts and any other forms or records required in handling oftraffic.2.11Train Messenger Helper:An employee required to cover a given train service route,working under the supervision and instruction of a TrainMessenger. He/she will give such assistance as may berequired to the Train Messenger during the performance of thelatter's duties.2.12Train Value Guard:An employee required to cover a given train service route andassigned to the exclusive duties of guarding valuable traffic intransit.8

2.13 RegularPosition:CombinedTrainServiceandStationAn employee regularly required to perform a combination ofTrain Service duties and Station duties on a schedule basis.This shall not be construed to cover an employee working in arelief capacity.2.14(a) Mutually agreed or mutual agreement:An agreement between the President of the Railway and theLocal President/Unit Chairperson.(b)Locally Agreed:An agreement between the local supervisory officer of theRailway and the Local President/Unit Chairperson.All local agreements are to be in written form signed by theManager of Purchasing, or Superintendent, with copies availableto the Company and the Union and posted on the appropriatebulletin boards.All local agreements must contain cancellation clauses with thirty(30) days written notice from either party.2.15Work WeekThe term “work week” for regularly assigned, spare, and reliefemployees will mean the period between Sunday at 0001 hoursto midnight on the immediate following Saturday.(a)For regularly assigned employees - a week beginning onthe first day on which the assignment is bulletined to work.(b)For spare and relief employees - a period of seven (7)consecutive calendar days starting with Sunday.2.16 The use of the masculine gender in this CollectiveAgreement includes the feminine and vice versa.9

ARTICLE 3Seniority Groupings3.1For the purpose of promotion and seniority, employeesshall be grouped as follows:(a)Station, Freight Terminal, and Train Service Employees.(b)Stores Department Employees.When a permanent vacancy is unfilled after the respective groupbulletining process, it may be claimed by an employee in theother group A or B in seniority order. The successful applicant’sseniority date shall be the first day worked in the new group.3.2(a) In instances of staff reduction, an employee in eithergroup with a seniority date prior to October 14, 1988, if unable toclaim a position in his/her own group at the station or terminalaffected will be permitted to displace into the other group at thatstation or terminal transferring all seniority to the other group.(b)Where an employee, with a seniority date prior toOctober 14, 1988, is permitted to displace into the other group atthe station or terminal, he/she may, at the first opportunity,transfer back to originating group when a permanent full timevacancy occurs again, transferring all seniority to that group.NOTE: The intent of this clause is to provide a one (1) timeopportunity for employees to transfer back into their originalgroup.This above clause will not serve to affect anymaintenance of rate calculations provided for under the ESIMAagreement should the employee in receipt of incumbency ratedeclines the opportunity to transfer back to originating groupwhen a permanent full time vacancy occurs again.10

ARTICLE 4Seniority Status and Lists4.1Seniority lists will be posted in the respective SeniorityGroups in January of each year. Such lists will show names,positions, and dates of last entry into the service in positionscovered by this Schedule (due regard being had to theprovisions of Articles 7.9, 7.10 and 7.11) from which dateseniority will accumulate. The name of an employee shall beplaced on the seniority list immediately upon being employed ona position covered by this schedule. Copies of Seniority lists willbe furnished to the Local President/Unit Chairperson.4.2An employee will be considered on probation until he/shehas completed sixty (60) days of actual work in the service of theRailway. If found unsuitable during such period, such employeewill not be retained in the service.4.3Protests in regard to seniority standing must be submittedin writing within sixty (60) days from the date seniority lists areposted. When proof of error is presented by an employee orhis/her representative, such error will be corrected and when socorrected, the agreed upon seniority date shall be final. Nochange shall be made in the existing status of an employeeunless concurred in writing by the Local President/UnitChairperson.4.4No change shall be made in the seniority date accreditedan employee which has appeared on two (2) consecutive annualseniority lists, unless the seniority date appearing on such listswas protested in writing within the sixty (60) day period allowedfor correctional purposes.4.5An employee who, while filling a position under thisSchedule, is promoted to a position covered by another wageagreement, may continue to fill such position for a continuousperiod of up to six (6) months without loss of seniority, but mustreturn to his/her former position at, or prior to, the expiration ofsuch six (6) months' period, or forfeit his/her seniority rightsunder this Agreement, provided he/she can hold work in his/herown seniority group.11

4.6The foregoing Section shall not apply to an employeewho, while holding seniority rights under another wageagreement, obtains employment and establishes seniority underthis Schedule. If such an employee, while filling a position underthis Schedule, exercises his/her seniority under the provisions ofanother wage agreement, his/her name will be dropped from theseniority list. An employee shall not be regarded as havingexercised seniority rights when used for emergency service only.4.7(a) When an employee is offered an official or exceptedposition with the Railway, its subsidiaries, the RailwayAssociation of Canada, Canadian Freight Association or ExpressTraffic Association, it is not obligatory on him/her to accept. Ifhe/she does so and an agreement is reached between him/herand the proper officer of the Railway, confirmed through theLocal President/Unit Chairperson, he/she may retai

Agreement No. 4 BETWEEN ONTARIO NORTHLAND AND CAW - LOCAL 103 Representing CLERKS AND OTHER CLASSES Revised and Reprinted effective except as otherwise indicated herein

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