** Due to difficulties in scanning, this document may have changed from it’s original. **

COLLECTIVE AGREEMENT

BETWEEN:

WESTFAIR FOODS LTD.,

carrying on business in the province of British Columbia, hereinafter referred to as

'THE EMPLOYER"

AND:

THE UNITED FOOD AND COMMERCIAL WORKERS, LOCAL 777,

chartered by United Food and Commercial Workers International Union AFL-CIO-CLC,

hereinafter referred to as

'THE UNION"

WHEREAS: The Employer and the Union desire to cooperate in establishing and maintaining conditions which will promote a harmonious relationship between the Employer and the employees covered by this agreement, and provide methods for a fair and amicable adjustment of disputes which may arise between them.

Letters of Understanding

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1.1 Westfair Foods Ltd. recognizes the United Food and Commercial Workers Union, Local 777 as the exclusive bargaining agent for its employees in British Columbia covered by this Collective Agreement employed at:

a) "The Real Canadian Superstore"

b) "Western Grocers"

c) "Extra Foods" stores owned and operated by Westfair Foods Ltd.

1.2 Department Supervisors, Price Checkers, Store

Administrators, Pharmacists and those above the rank of Department Supervisor are specially excluded from the bargaining unit and are not covered by this agreement.

2.1 In this Agreement, wherever the words "he", "his", "her' or "him" appear, it shall be construed as meaning any employee, male or female. Wherever the words "employee" or "employees" appear, it shall mean any person or persons covered by this Agreement.

3.1 Every employee who is now or hereafter becomes a member of the Union shall maintain his membership in the Union as a condition of his employment, and every new employee whose employment commences hereafter, shall, within thirty-seven (37) hours after the commencement of his employment, apply for and maintain membership in the Union as a condition of employment

3.2 The Employer agrees to provide each new employee, at the time of employment, with material outlining to the employee, his responsibility in regard to Union membership as supplied by the Union and outlining the provisions of Article 16.1, 16.2, 16.3 of this Agreement, and to provide the Union, in writing, with the name and address of each employee to whom they have presented the material, along with the employee's date of hire; contents of the material to be such that it is acceptable to the Employer. The Employer further agrees to provide the Union, once a month, with a list containing names of all employees who have terminated their employment during the previous month.

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No employee shall be discharged, disciplined or discriminated against for any lawful Union activity, or for serving on a Union committee or for reporting to the Union the violation of any provisions of this Agreement. Instances of alleged violation of the foregoing will be brought to the attention of the Industrial Relations Manager, and a full investigation by the parties will follow. The above will be subject to the grievance procedure. Any alleged harassment will be dealt with by the Company.

3.4 Where an employee alleges that sexual harassment has occurred on the job, the employee shall have the right to grieve under the Collective Agreement.

4.1 The Employer agrees to deduct from the wages of each employee, initiation fees, Union dues, and assessments that are authorized by a regular and proper vote of the membership of the Union.

The Employer further agrees, automatically, to deduct Union dues from the wages of new employees.

4.2 The employer shall remit once each accounting period to the Union:

1. monies deducted from the wages of its employees for Union initiation, fees, dues, assessments and hours paid;

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(b) a statement showing each employee's name from whom deductions were made, and the amount of the deduction;

(c) a statement showing the names of the employees terminated and hired during the preceding accounting period;

(d) a statement provided twice annually, in January and July, showing the name, home address, telephone number, social insurance number and postal code of all bargaining unit employees.

Commencing with the first week of employment, Initiation Fees shall be deducted in ten (10) weekly installments.

ARTICLE 5 -BASIC WORK WEEK AND TIME RECORDING

 

The Employer reserves the right to schedule hours of operations, employee's hours of work, rest periods, meal periods and overtime work, subject to the following provisions:

5.1 Basic Work Week

(a) The basic work week of an employee working full-time at the Real Canadian Superstore and Western Grocers shall be thirty-seven (37) hours to be worked as scheduled by the Employer;

The basic workweek of an employee working full-time at Extra Foods shall be forty (40) hours consisting of five eight-hour days.

2. Daily hours of work shall be consecutive with the exception of rest and meal periods. No split shifts shall be worked;

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(c) Employees shall not work longer than their regular, scheduled workday, unless requested to do so by Management; in which event, additional time will be paid at applicable regular or overtime rates. Employees are required to leave the store as soon as it is reasonable to do so.

(a) The Employer shall provide either time clocks or time sheets to enable employees to record their time for payroll purposes;

Employees shall record their own time at the time they start and finish work, and the time they commence and return from meal periods, and such other recordings as may be required by the Employer. Where time sheets are used, the employees will record their time in ballpoint pen.

(b) In the event the time to be paid is less than the time recorded, the employee shall be advised. An employee, who for any reason fails to record all time worked in the manner required by this Article shall be penalized upon written authorization from the Union as follows:

(i) 1st violation - three (3) days' suspension without pay;

(ii) 2nd violation - one (1) week's suspension without pay.

Suspension shall be implemented within one (1) month of notification to do so, unless a longer period is mutually agreed upon by the Union and the Employer; or in the event that the requested suspension becomes subject to the grievance procedure.

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(iii) 3rd violation - two (2) weeks' suspension without pay.

The Employer is committed to the early resolution of payroll disputes. If an employee believes that they were paid incorrectly, they should immediately bring it to the attention of their Supervisor. If the matter is not resolved to their satisfaction, then it should be brought to the attention of the Manager, or the Industrial Relations Department and the Union.

In the event that an employee is not paid the correct amount of pay as a result of an error made by the Employer, and is not remedied within three working days, the Employee shall be compensated an additional 10% of any shorted amount, provided the employee brings the matter to the attention of the Employer as determined above in the week following payday and the employee has properly recorded their time (by TAS swipe where applicable).

6.1 All time worked in excess of the basic work week or work day, as defined in Article 5.1 of this Agreement, shall be paid at the rate of time and one-half (1-1/2) the regular hourly rate for the first two (2) hours overtime worked in any one (1) day, and double time (2X) the regular rate for all hours worked in excess of two (2) hours overtime.

6.2 Part-time employees shall be compensated at the rate of time and one-half (1-1/2) their regular hourly rate for all hours worked over eight (8) hours in any one (1) day and thirty-seven (37) hours per week.

6.3 Compensating time off shall not be given in lieu of overtime pay.

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6.4 All overtime work must be authorized by the Company.

6.5 When overtime of more than two (2) hours is to be worked, consecutive with the regular hours of work, the employee shall be entitled to a fifteen (15) minute paid rest period before commencing overtime.

7.1 Full-time employees working six (6) hours, up to and including eight (8) hours, shall be scheduled by the Employer for a meal period of not more than sixty (60) minutes without pay. This shall commence not earlier than three (3) hours nor later than five (5) hours after the start of the employee's shift.

7.2 Upon mutual agreement an employee's lunch break may be less than one (1) hour's duration.

7.3 Meal periods will be scheduled as near mid-shift as possible. Similarly, rest periods will be scheduled as near to midway between the meal period and the commencement and finish of a shift, as possible.

8.1 An employee working six (6) hours, up to and including eight (8) hours, shall be scheduled by the Employer for two (2) rest periods not to exceed fifteen (15) minutes each; to commence not earlier than one (1) hour after the start of the shift nor less than one (1) hour before either the meal period or the end of the shift. If an employee abuses this provision he/she will be subject to discipline, as determined by the Employer, which shall be subject to the grievance procedure.

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9.1 An employee working a daily shift of four (4) hours will have one (1) rest period not to exceed fifteen (115) minutes.

9.2 A daily shift of more than five (5) hours, but less than seven (7) hours, will have two (2) paid rest periods of fifteen (15) minutes duration each which may be scheduled as follows, if mutually agreeable:

(a) combine the two (2) rest periods at midshift;

(b) two (2) rest periods as per usual practice with a half (1/2) hour for lunch break unpaid.

9.3 An employee working a daily shift of seven (7) or more hours, up to and including eight (8) hours, shall be scheduled for two (2) rest periods not to exceed fifteen (15) minutes and one (1) lunch period without pay. If an employee abuses this provision he/she will be subject to discipline as determined by the Employer, which shall be subject to the grievance procedure. Rest periods, as described above, shall be with pay. Except in cases of emergency, meal and rest periods will be uninterrupted.

9.4 Meal periods will be scheduled as near mid-shift as possible. Rest periods shall commence not earlier than one (1) hour after the start of the shift nor less than one (1) hour before either the meal or the end of the shift. For Shifts of five (5) hours or longer, the rest period shall not commence earlier than one and a half (1 -112) hours after the start of the shift nor less than one and a half (1 -1 /2) hours before the end of the shift.

9.5 If specifically agreed between the employee and their Supervisor, rest periods may be paid at the employee's applicable rate of pay instead of taken.

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Employees hired prior to January 1, 1991 working between 10:00 P.M. and 5:00 A.M. shall receive a premium of seventy-five cents ($.75) for each hour worked. Employees hired prior to January 1, 1991, who commence a shift between 10:00 P.M. and 2:00 A.M. shall receive the seventy-five ($.75) premium for their entire shift.

Employees hired prior to February 11, 1990 working on Sunday shall receive a premium of one dollar ($1.00) for each hour worked. Sunday shall be considered as the first day of the week for the purpose of the Collective Agreement.

The following applies to regular full-time and part-time employees.

11.1 A minimum of twenty-four (24) notice must be given by the Employer to re-schedule an employee's work shift. Such notice is not required with respect to overtime work, absence of staff due to sickness or accident or in case of emergency.

11.2 A copy of the completed master schedule with all changes and authorized time noted shall be posted by 6:00 P.M. Monday, following the end of the week, and shall remain posted until the new schedule is posted by 5 P.M. Thursday.

The posted schedule for full-time employees will cover the following two (2) week period.

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11.3 An employee's schedule may be changed without notice in the event of absence of other staff due to sickness or accident, or in the event of an emergency.

An emergency shall be defined as: Any sudden or unusual occurrence or condition that could not, by the exercise of reasonable judgment, have been foreseen by the employer.

11.4 Employees in retail operations shall be allowed ten (10) hours of rest between shifts except in an emergency or where by mutual agreement between the Company and the employee, eight (8) hours of rest between shifts is allowed.

Employees in the Distribution Center shall be allowed twelve (12) hours of rest between shifts except in an emergency or where by mutual agreement between the Company and the employee, ten (10) hours of rest between shifts is allowed.

There will be a minimum of twenty-four (24) hours between the end of the employee’s day shift and the beginning of the employee's night stocking shift and also between the end of the employee's night stocking shift and the beginning of the employee's day shift.

11.5 All employees who are scheduled to work twenty (20) or more hours per week shall be scheduled two (2) consecutive days off each week where it is consistent with the efficient operation of the department. This may be altered by mutual agreement between the Company and the employee.

Where possible, full-time employees shall receive either a Saturday/Sunday or Sunday/Monday off once per four week period calendar.

11.6 In the event that an employee is unable to attend work due to illness, the employee must provide the Company with as much notice as possible, but in any event, not less than one (1) hour.

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11.7 Employees will be required to work no more than four (4) hours on the express checkout in any one day, except in the case of an emergency.

11.8 Employees starting a shift between the hours of midnight and 4:00 am inclusive will be scheduled for shifts of not less than five (5) hours.

The Employer agrees to pay all persons covered by the terms of this Agreement, not less than the attached Schedule of Wages during such time as the Agreement is in force and provided that, if an employee is receiving a wage rate in excess of the rates herein contained, such wage rate shall not be reduced by reason of the signing of the Agreement.

When night stocking takes place, one (1) employee on the night stocking shift shall be designated as Lead Hand, and shall be paid a premium in addition to the regular rate of pay of seventy-five cents ($.75) per hour.

Warehouse employees appointed and scheduled by the Employer to work as a Lead Hand shall be paid a premium of seventy-five ($.75) per hour. Where a Lead Hand is appointed, it shall be with the agreement of the employee being appointed.

Shift premium pay shall not be added to the employee's hourly rate of pay for the purpose of computing overtime pay.

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1 Meat and Bakery Production Trainees/ Apprentices will be selected on the basis of skill, qualifications, merit and ability to perform the work. Consideration will be given to the existing Food Clerks in the store with an opportunity for a Trainee/Apprentice. If the Trainees/Apprentices are not suitable or are not available to fill the Production Specialist position, the Company has the right to hire outside.

2 During the training period, Trainees/ Apprentices who are not successful or whom the Company determines are not capable of becoming a Production Specialist shall be returned or placed into the Food Clerk Assistant classification.

3. The duties of the Trainees/Apprentices can include all aspects of the Production Specialist and they will be under the guidance of the same.

4. At the completion of 2080 hours, the Trainees/Apprentices will be reclassified as part-time Production Specialists.

5 Upon reclassification to Production Specialist, Meat Trainees/Apprentices will be credited with 1041 hours for the purpose of establishing their rate on the Production Specialist scale. Bakery Trainees/Apprentices will be credited with 1561 hours for the purpose of establishing their rate on the Production Specialist scale.

6. When Trainee hours are not available, a Trainee will receive Food Clerk hours in line with seniority.

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13.1 The following days shall be paid General Holidays:

New Year's Day

Good Friday

Victoria Day

Dominion Day

1st Monday August

Labour Day

Thanksgiving Day

Remembrance Day

Christmas Day

Boxing Day

and Heritage Day, if and when proclaimed by Federal or Provincial Governments, and all other public holidays proclaimed by the Dominion, Provincial or Municipal Governments; provided, that all other major grocery stores close on any such holidays proclaimed.

13.2 General Holidays shall be observed on the day they actually occur. Such may be changed by mutual agreement, but shall be taken within two weeks of said holiday.

13.3 In the case of a General Holiday proclaimed by a City or Municipality, only those stores of the Employer in that City or Municipality shall be affected by the requirements of this Article.

13.4 Provided he/she works his/her regular scheduled full work day before and after the holiday, unless absent due to bona fide illness or accident, employees regularly working shall receive eight (8) hours pay for each such holiday.

13.5 Employees required to work on a holiday shall be compensated at the rate of double (2X) their regular hourly rate for each hour worked, and full-time employees shall receive eight (8) hours minimum pay at the overtime rate (2X) for whatever time worked.

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All part-time employees who have been employed thirty (30) calendar days or more and have worked an average of at least thirty-two (32) hours or more per week on the four (4) weeks preceding the week in which a General Holiday occurs, shall receive eight (8) hours pay at his regular hourly rate for each holiday.

13.7 All part-time employees who have been employed thirty (30) calendar days or more and have worked an average of at least twenty (20) hours a week, but less than thirty-two (32) hours per week in the four (4) weeks preceding the week in which a General Holiday occurs, shall receive six (6) hours pay at his regular hourly rate for each holiday.

13.8 All part-time employees who have been employed thirty (30) calendar days or more, and have worked at least ten (10) hours a week, but less than twenty (20) hours per week in the four (4) weeks preceding the week in which a General Holiday occurs, shall receive four (4) hours pay at his regular hourly rate for each holiday.

13.9 All part-time employees who work less than ten (10) hours per week will receive General Holiday pay as set out in the Employment Standards Act.

14.1 Any employee assigned to relieve the following Department Supervisors for a period of more than two (2) days shall be paid the following premium for such positions for all time so employed:

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General Merchandise Supervisor Seventy-five ($.75) per hour;

Food Supervisor One dollar ($1.00) per hour;

Distribution Supervisor One dollar ($1.00) per hour;

Office Supervisor Seventy-five ($.75) per hour.

14.2 Premium pay for relieving the above Department Supervisors shall be over and above the employee's present prevailing rate.

15.1 Staff meetings, wherever held, shall be considered as time worked, and compensated for, except where attendance by an employee is on a voluntary basis. Notices posted for staff meetings will clearly state whether the meeting is mandatory or voluntary.

16.1 New employees will be classified according to previous experience to a maximum of six (6) months (one thousand and forty (1040) hours) except for Bakery Production and Meat Production Specialists classifications which will be to a maximum of twelve months (two thousand and eighty hours (2080) hours), in their designated classification, provided:

i) it is comparable experience in a unionized chain retail food store; and

ii) twelve (12) months have not elapsed since their last day worked.

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16.2 It shall be the responsibility of the employee to supply reasonable proof of his previous experience within sixty (60) calendar days of employment, Otherwise, all claims for credit for previous experience shall be forfeited by the employee. Reasonable proof will mean that if past employment records are not obtainable, the Union records, income tax records, or other similar documents will be acceptable. The hourly rate for recognized credit will be effective from the first day of employment.

The Company will have the right to demand proof of past experience from the employee affected in establishing his proper wage scale.

16.3 When an employee is promoted to a specialist there will be no loss of seniority hours or reduction in pay.

17.1 All employees called in, and who report for work shall, it requested to work less than four (4) hours, receive four (4) hours pay at their regular hourly rate.

18.1 Vacations shall be scheduled from April 1st to September 30th unless otherwise mutually agreed by the Employer and the employee. So far as is practical and consistent with the Employer maintaining an efficient operation, vacations shall be granted during the time requested by the employees. The applications for vacation shall be granted on basis of, and in order of, respective employee's seniority in selection of vacation dates.

The Employer shall post a notice by January 31st advising employees seeking vacation time to submit requests to their supervisor by February 28th. Vacation schedules will be confirmed by March 15th after which changes will be by mutual agreement. If the request for vacation time is not made by February 28th, they will be granted at the Employer's discretion.

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18.2 All part-time employees who have completed one year of continuous employment with the Employer will have the opportunity to schedule two (2) weeks vacation. Part-time employees who have completed three years of continuous employment with the Employer shall receive a third week of vacation. Such time off will be without pay. Part-time vacation schedules will be completed following the selection by full-time employees.

The Employer will provide part-time employees with their vacation pay for the previous year by the end of January.

18.3 Where employees are entitled to three (3) weeks of vacation, the additional week of vacation may be scheduled consecutively, at the discretion of the Employer.

18.4 Employees entitled to four (4) or more weeks of paid vacation shall receive their additional two (2) or more weeks consecutively unless the employee and the Employer mutually agree otherwise, with such additional weeks to be scheduled at the discretion of the Employer

18.5 All full-time employees, after one (1) years service, shall receive two (2) weeks vacation with pay

18.6 All employees with three (3) or more years continuous service with the Employer as a full-time employee, shall receive three (3) weeks vacation with pay during the vacation period unless otherwise mutually agreed.

18.7 All employees with eight (8) or more years continuous service with the Employer as a full-time employee shall receive four (4) weeks vacation with pay.

18.8 All employees with thirteen (13) or more years continuous service with the Employer as a full-time employee shall receive five (5) weeks vacation with pay. All employees with eighteen (18) or more years continuous service with the Employer as a full-time employee shall receive six (6) weeks vacation with pay.

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18.9 All employees with twenty-three (23) or more years continuous service with the Employer as a full-time employee shall receive seven (7) weeks vacation with pay.

18.10 Full-time employee who are eligible for five (5) or more week vacation will have the opportunity to schedule three (3) weeks vacation during prime time.

18.11 Part-time employees with less than three (3) years of continuous employment with the Employer shall receive vacation pay in the amount of not less than four percent (4%) of their total earnings.

18.12 Part-time employees with three (3) years or more of continuous employment with the Employer shall receive six percent (6%) of their total earnings.

18.13 Part-time employees with eight (8) or more years of continuous employment with the Employer shall receive eight percent (8%) of their total earnings as vacation pay.

18.14 Part-time employees with thirteen (13) or more years of continuous employment shall receive ten percent (10%) of their total earnings as vacation pay.

18.15 Part-time employees with eighteen (18) or more years of continuous employment shall receive twelve percent (12%) of their total earning as vacation pay.

18.16 Part-time employees with twenty-three (23) or more years of continuous employment shall receive fourteen percent (14%) of their total earnings as vacation pay.

18.17 Part-time employees with thirteen (13) or more years of continuous employment with the Employer will have the opportunity to schedule three (3) weeks time off during prime time.

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18.18 A part-time employee proceeding to full-time employment will be credited with the number of hours accumulated during the employees continuous service with the Employer as a part-time employee and provided the employee's service is continuous from part-time to fulltime. The credited hours will be balanced with the annual hours of a regular full-time employee to establish the appropriate yearly credit for future vacation entitlements, as provided above.

18.19 The Employer agrees to provide vacation pay on a "total compensation" or normal weeks pay, whichever is greater. Total compensation shall mean "all monies received directly from the Employee' (wages, overtime, bonuses, premiums, vacation pay, sick-leave-credit payments, and other items of similar nature).

18.20 Where a general holiday occurs during an employee's vacation, an extra day's vacation with pay shall be granted if the holiday is one which the employee would have received had he/she been working. Where an employee received three (3) or more weeks vacation with pay and a general holiday occurs during the employee's paid vacation, an extra day's pay may be given in lieu of an extra day's vacation with pay if, in the opinion of the Employer, an extra day's vacation with pay interferes with vacation schedules or hampers operations.

18.21 All time lost (up to thirty-one (31) consecutive days) because of sickness, or non-occupational accident, all time lost due to occupational accident, all time absent on paid full-time vacation, paid general holidays and all time spent at bakery apprenticeship schools (assuming the employee returns to the Employer following the completion of his/her course) shall be considered as time worked for the purpose of determining the vacation allowance to which a full-time employee is entitled.

18.22 All employees, whose absence due to non-occupational accident or sickness or unpaid leave of absence, extends beyond thirty-one (31) consecutive days and results in less than thirty-seven (37) hours' pay per week, shall have their vacation pay prorated in the subsequent vacation year.

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18.23 Where the services of an employee are retained by the purchaser of the business, his/her services (for vacation purpose only) shall be deemed to be uninterrupted by the sale or purchase of the business and shall be binding upon the purchaser, in accordance with prevailing statutes.

18.24 Employees who have worked thirty (30) days but less than one (1) year and who terminate their employment will receive a vacation allowance to the amount equal to four percent (4%) of the total salary and wages earned for which no vacation allowance has been paid.

18.25 Employees entitled to two, three, four, five, six, or seven weeks vacation and who terminate their employment shall receive payment for vacation allowance in an amount equal to four percent (4%), six percent (6%), eight percent (8%), ten percent (10%), twelve percent (12%), and fourteen percent (14%), respectively, of the total wage and salary earned by the employee during the period of employment for which no vacation allowance has been paid.

18.26 Provided the full-time employees advises the Company, in writing, at least one (1) month before the commencement of his vacation, the Company agrees to schedule one (1) of the employee's Saturday/Sunday or Sunday/Monday combinations to coincide with the employee's vacation, once per year.

19.1 Employees regularly working full-time and upon dismissal by the Employer shall be given individual notice in writing or pay in lieu thereof, as follows:

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(a) one (1) weeks notice in writing or pay in lieu thereof, to those who have completed sixty (60) or more consecutive days service as a full-time employee;

(b) two (2) weeks notice in writing or pay in lieu thereof, to those who have completed two (2) or more consecutive years service;

(c) three (3) weeks notice in writing or pay in lieu thereof, to those who have completed five (5) or more consecutive years service;

(d) four (4) weeks notice in writing or pay in lieu thereof, to those who have completed eight (8) or more consecutive years service;

(e) the Employer agrees to pay severance pay on store closing of one (1) weeks pay up to two (2) years and one (1) week per year over two (2) years to a maximum of twenty (20) weeks pay for full-time employees.

19.2 Full-time employees, reduced to part-time and who terminate or are terminated within three (3) months of the date of their reduction to part-time shall be given whatever pay in lieu of notice to which they were entitled immediately prior to the date of their reduction to part-time.

19.3 The Employer shall not be deemed obliged to give any notice whatsoever or to give any pay in lieu thereof, to any employee guilty of rank insubordination, dishonesty, obvious disloyalty, possession and/or consumption of intoxicants or illegal drugs at any time during working hours, or just cause.

19.4 This Article shall not be deemed to invalidate an employee's right under Article 32.

19.5 A copy of the notice of dismissal given to an employee in accordance with this Article shall be forwarded to the Union Office at the date of giving such notice to the employee concerned.

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20.1 In the event of death in the immediate family of an employee, the employee will be granted leave of absence with pay, with consideration given to travel time for attending the funeral. The length of absence shall be up to 3 days at the discretion of the Employer. The term "immediate family" shall mean: spouse, parent, child, brother, sister, step-mother, step-father, step-son, step daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandmother, grandfather, and grandchildren, or any relative living in the household of the employee. In the event of the demise of an aunt or uncle, nephew or niece, an employee will be granted one (1) day leave of absence with pay to attend the funeral.

In the case of death of spouse, father, mother or child, the employee shall be entitled to, up to one (1) weeks leave of absence with pay.

20.2 Part-time employees time off with pay shall be calculated on a prorated basis of hours worked during the four (4) weeks prior to the week the funeral leave was taken.

20.3 Applications for additional unpaid leave for out of country travel will be considered.

21.1 Employees shall request a leave of absence because of pregnancy. Such request will be granted, provided the employee submits to her Employer a request, in writing, for such leave at least four (4) weeks prior to the date she intends to commence such leave, together with a certificate from a qualified medical practitioner, certifying that she is pregnant, and indicating the estimated date of confinement. Such leave will be for a period of twelve (12) weeks or more (depending on medical requirements) prior to confinement and the period, if any, between the date of confinement mentioned in the certificate and the actual date and fourteen (14) weeks following the actual date of confinement.

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21.2 The Employer reserves the right to determine the time upon which a pregnant employee shall be required to commence a leave of absence, it the duties of her position cannot reasonably be performed or if the employee's work is materially affected by the pregnancy.

21.3 The employee when returning to work, shall give the Employer, two (2) weeks notice of date of return and submit a certificate from her doctor, indicating that her resumption in employment will not, in his opinion, endanger her health.

21.4 The employee shall be returned to her former position at the completion of her leave of absence. Should the position no longer exist, the Company and Union shall meet to resolve the issue.

21.5 An employee who resumes employment on the expiration of the leave of absence granted in accordance with this Article 21 or Article 22 or Article 23 below will do so with all increments to wages and benefits to which the employee would have been entitled had the leave not been taken.

All employees returning to work as outlined above shall receive credit to their class hours and seniority hours based on the average hours that they would have worked while on the leave. The credits shall be applied upon the employee's return to work and paid retroactively if applicable.

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22.1 Employees shall be granted an adoption leave of absence without pay. The employee must make application for such leave at least four (4) weeks prior to start of such leave. If the employee cannot give four (4) weeks' notice , the employee shall give the Employer as much notice as is given to the adoptive parents by the Adoption Agency. The length of such leave will not exceed twelve (12) weeks. The balance of the leave may be taken following the date the child is received. Employees on leave shall give the Employer a minimum of two (2) weeks' notice of their intention to return to work.

23.1 Male employees shall be granted a paternity leave of absence without pay of up to twelve (12) weeks.

23.2 Application for such leave must be given in writing at least four (4) weeks before he intends to begin the leave. The leave can be taken in any combination during the three (3) months before or after the date of the birth. If an employee fails to give four (4) weeks' advance notice, the leave shall be up to twelve (12) continuous weeks beginning on a day within three (3) weeks of the date of birth.

24.1 The Employer agrees to grant necessary time off without pay, and without discrimination, to not more than four (4) employees from each Superstore, four (4) employees from the Distribution Center, and two (2) employees from each Extra Foods, provided that not more than two employees are from the same department, in the same store or Distribution Center, designated by the Union, for a maximum of one (1) year to attend a Labour Convention or to serve in an official capacity for the Union, provided that as much notice be given, and in any event, not less than fifteen (15) days, provided a suitable replacement can be made available by the Company for the job involved.

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24.2 Leaves of absence for which the Employer is reimbursed by the Union will be considered as time worked to a maximum of one hundred (100) hours each calendar year. However, time paid for by the Union in excess of one hundred (100) hours each calendar year will be credited to the employee's seniority hours but will not be credited for the purpose of service increment.

24.3 Employees shall be considered for leaves of absence without pay for severe personal or familial distress. Other applications for unpaid time off for extraordinary life events shall be considered once per the life of the Collective Agreement. Granting of leave shall be subject to operational requirements. Length of leave for extraordinary life events shall not exceed 4 weeks outside the vacation period or 2 weeks within the vacation period.

24.4 All applications for leave of absence shall be in writing to the Industrial Relations Department who will make the final decision. Length of leave shall be governed by need. Copies of the application must also be submitted to the Departmental Supervisor and the Union Office.

An employee is entitled to up to five (5) days of unpaid leave during each employment year to meet responsibility related to:

a) the care, health or education of a child in the employee's care or

b) the care or health of any other member of the employee's immediate family.

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25.1 The Union agrees that the Management of the Company, including the right to plan, direct and control store operations, direction of the working force, discharge of employees for just cause, and those matters requiring judgment as to the competency of the employees, is the sole right and function of the Employer.

25.2 The parties agree that the Company shall be the sole judge of the merchandise it may handle, process, manufacture or package and of the manner in which these functions may be carried out and in which the merchandise may be handled, stored, shipped or sold.

25.3 The parties agree that the foregoing enumeration of Management tights shall not be deemed to exclude other recognized functions of Management not specifically covered by this Agreement. The Employer, therefore, retains all rights not otherwise specifically covered by this Agreement.

26.1 An authorized representative or executive officer of the Union shall be permitted, after notifying the Manager, to talk with an employee regarding Union matters during regular working hours. The interview of such employee by the Union Representative or executive officer, shall be carried on in a place provided for and designated by the Company. Time taken for such interview in excess of five (5) minutes shall not be on Company time. Time taken for such visits shall not disrupt the serving of customers.

Union representatives may request copies of payroll records including work schedules. Specific requests should be made to the Industrial Relations Department. Union representatives will be permitted access to locations where bargaining unit members are working, provided they are wearing authorized identification

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.

26.2 A locking case will be placed in the lunch room or another mutually agreed location and be designated for Union notices only. The Union agrees not to post material objectionable to the Employer.

27.1 Where the Employer requires the employee to wear smocks or aprons, the Employer shall provide and repair such smocks and aprons free of cost to the employee.

27.2 The Employer agrees to display the official Union Decal or Union Card of the Union in a location where it can be seen by the customers. Such decals shall be of a form and size acceptable to Management, and posted in a place approved by the Employer.

27.3 The Employer agrees, during the term of this Agreement, to furnish and maintain first-aid equipment in its stores, as required by the Workers' Compensation Act.

27.4 The parties agree to an Employee Relations Committee.

28.1 All employees, summoned to jury duty or subpoenaed as a material witness, shall be paid wages amounting to the difference between the amount paid to them for such services and the amount they would have earned had they worked on such days. Employees on jury duty or subpoenaed as a material witness shall furnish the Employer with such a statement of earnings as the Courts may supply. This does not apply if the employee is summoned on his day (s)) off.

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Part-time employees, when summoned to jury duty or appearing as material witness on behalf of this employer shall be re-scheduled or paid wages based on hours worked in the previous four (4) weeks.

28.2 Employees shall return to work within a reasonable period of time. They shall not be required to report if less than two (2) hours of their normal shift remains to be worked.

Total hours on jury duty, or when acting as a material witness, and actual work on the job in the store in one day shall not exceed eight (8) hours for the purpose of establishing the basic work day. Any time worked in the store in excess of the combined total eight (8) hours shall be considered overtime and paid as such under the contract.

29.1 Where the Employer requires the employee to take a physical examination, the doctor's fee shall be paid by the Employer, and the examination shall be on Company time. Where subsequent examination proves an employee unfit to work in a food store, examinations shall be paid by the employee.

30.1 Employees handling cash will be held accountable for errors resulting in cash register overages and shortages where they have been given the opportunity to verify the contents of the cash tray at both the beginning and end of the shift and have exclusive access to the register throughout the work shift. In the event that management or a designated cash office employee exercises the right to open the register during the employee's work shift, the employee will be given the opportunity to verity all withdrawals and/or deposits.

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30.2 In the event a customer claims he/she has been shortchanged by the cashier, the cashier shall notify management and together verify the contents of the cash tray.

30.3 No employee shall be required to make up register shortages when management exercises the right to open the register during the employee's work shift, unless the register is opened in the presence of the employee and the employee is given the opportunity to verify all withdrawals and/or deposits.

31.1 Seniority shall mean the length of continuous service with the Employer in classifications within the seniority group covered by this United Food and Commercial Workers Local 777, Collective Agreement. New employees hired during the first six (6) months after the opening of a new store shall have a probationary period of three hundred and sixty (360) hours worked, Employees hired after the first six (6) months shall have a probationary period of two hundred and forty (240) hours worked. During this probationary period, new employees may be discharged by the Employer at its discretion. Upon completion of the probationary period, seniority shall then be established retroactive to the commencement of employment.

31.2 Part-time employees shall accumulate seniority based on actual hours worked. Should a part-time employee become a full-time employee, the part-time seniority credits shall be converted to the seniority date based on one hundred and sixty (160) hours being equal to one (1) month of full-time service.

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Upon request, seniority credit shall be granted for any time lost due to WCB, maternity, paternity, adoption and all time paid by the Employer for funeral leave, jury duty and Union business.

Upon request, part-time employees shall receive a seniority credit for absences of one week or longer to a maximum of one year due to illness, injury, and vacation.

The calculation will be based on the average number of hours worked during the four weeks preceding the absence. Employees seeking this credit must make a written application within four weeks of their return to work.

31.3 Seniority shall be exercised only within a seniority group.

Seniority lists shall be established for each of the departments within the groups covered by the agreement.

Seniority lists for part-time employees shall be forwarded to the Local Union within four (4) weeks after the end of the year and within four (4) weeks after the availability changes in June and September. The lists shall include the employee's name, department, classification, rate of pay, and shall set out the employee's seniority.

Copies of floating and post secondary Declaration of Availability forms shall be forwarded to the Union office.

Seniority lists for full-time employees shall be forwarded to the Union Office within four (4) weeks after the end of the year.

The parties agree that bargaining unit employees employed at each location shall constitute a separate seniority group for the purpose of Article 31.

31.4 Seniority and employment shall be terminated when:

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(a) An employee voluntarily quits or is terminated for just cause or tail to show up for work for five (5) consecutive shifts without valid reason and/or without proper prior notice. In the case of the latter, Article 32.3 shall not apply.

(b) An employee tails to report to work after seven (7) days when recalled from layoff. An employee had to be recalled by registered mail at last known address on tile with the Employer.

(c) An employee has been on layoff and has not worked for a period of six (6) months.

(d) When reducing staff, junior employees within the department in the classification shall be laid-off first. When recalling employees from layoff, they shall be recalled in seniority to the department and classification from which they were laid off.

(e) In the event a full-time employee is laid off or is reduced to part-time, or a part-time employee is reduced to zero (0) hours for four (4) consecutive weeks, they shall be allowed to:

9. displace the most junior employee within the classification within his seniority group.

(ii) displace the most junior employee whose rate is equal to or less than their current rate outside their classification within their seniority group.

3. carry 50% of their class hours to determine their rate of pay in their new classification to a maximum of one half the total hours on the new wage scale.

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(f) Should an employee exercise their seniority outside their classification, he shall be given a "reasonable opportunity" to do the job in a competent manner. For the purpose of this section "reasonable opportunity" shall mean a maximum of thirty-seven (37) hours for a fulltime employee and sixteen (16) hours for a part-time employee.

(g) An employee exercising his seniority under (e) above, will be restricted to one opportunity to do a job outside his classification in a competent manner.

(h) In the event that a full-time position becomes available within the classification of the most senior full-time employee laid off or reduced, that employee shall have the first opportunity to fill the position

1. In the event a full-time position becomes available outside the classification of the most senior full-time laid-off employee or reduced full-time employee, he will be given a reasonable opportunity, as defined above, to perform the job in a competent manner subject to 31.4 (e) (ii).

(j) In the event a part-time position becomes available, the most senior laid off part-time employee will be given a reasonable opportunity, as defined above, to perform the job in a competent manner subject to 31.4 (e) (ii).

9. The Employer and the Union agree that when transfers of employees between the stores is conducive to the proper operation of the business, the employees will co-operate with the Employer in this matter.

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Where it will not interfere with the efficient operation of the business, employees may request a transfer to the store nearest their residence, provided the requested location is within their division and seniority area.

Similarly, employees may request a transfer to a new store within their division prior to the new store opening.

Such requests will be made in writing and submitted to the I.R. Department.

(l) The Employer agrees that, in the case of an interstore transfer made during an employee's regular daily shift, the employee so transferred, shall be paid for reasonable traveling time from one store to another.

(m) The Employer agrees that, in the case of the temporary out-of-town transfer, the employee shall be paid reasonable traveling and living expenses.

(n) The Employer agrees that, if an employee has good and sufficient reason for not accepting transfer, the employee will not be forced to accept such a transfer.

(o) When an employee is transferred within the bargaining unit under this agreement, he will maintain his seniority, class hours, and rate of pay.

(p) Employees from outside the bargaining unit of seniority groups may be transferred into the bargaining unit or seniority group provided such transfer does not result in the displacement of or reduction of hours of a member of the said bargaining unit or seniority group.

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31.5 Promotions and vacancies shall be filled on the basis of seniority, providing the senior employee has the merit, fitness and ability to perform the work. The Employer agrees to act in good faith and further agrees not to discriminate in any manner.

Full-time vacancies shall be filled by department on an area wide basis.

For this purpose, the areas shall be defined as follows:

1. "Lower Mainland" including north to Whistler and east to Hope.

2. "Vancouver Island"

3. "The Interior" including the balance of BC.

The parties agree that the three divisions of the Company (Real Canadian Superstore, Extra Foods and Western Grocers) shall be considered separate for the purpose of seniority.

31.6 In scheduling part-time employees in a department the most available part-time hours of work on a weekly basis shall be assigned to such employees within the classification within the department on the basis of seniority, provided the employee has the qualification and ability to handle the work to be performed in a competent manner.

31.7 Part-time employees, who are desirous of becoming full-time employees or increase their hours of work, shall inform the Employer, in writing. The Employer agrees to give full consideration to the employee's request. All applications must be made on the understanding that the employee will accept a work assignment in any of the Employer's stores within the area covered by the Collective Agreement.

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31.8 When a part-time employee works the basic work week for thirteen (13) consecutive weeks (except for the period May 1st to September 30th), a full-time position will be deemed to exist and will be filled in accordance with Article 31.7 of this Agreement. It no written application for full-time employment is on file, then the first opportunity to fill the position will be given to the above employee if he is desirous of full-time employment.

31.9 In the event an employee is to be called in to work hours that he has not been scheduled to work, any employee may be called for any shift, provided that at the end of the particular week, the comparative number of hours of part-time employees is consistent with the seniority and availability of others in the department.

31.10 Any full-time or top-rated part-time employee who has completed their probationary period and who is in a store which is to be closed or sold, shall be allowed to displace the most junior employee in their classification in the bargaining unit.

31.11 Part-time employees shall declare their availability three (3) times per year.

1. the first Sunday in June
2. the third Sunday in August
3. one other time during the calendar year (floater)

New schedules will be effective:

1. the last Sunday in June
2. the first Sunday in September
3. the schedule posted following the declaration of the floater

Part-time employees shall be required to work according to the thrice-yearly Declaration of Availability. No changes to the availability shall be permitted other than the three dates except for students in September and June where authorized by the Industrial Relations Department.

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Post Secondary students shall have the option of declaring their availability on the last Sunday in April instead of the last Sunday in June.

All part-time employees may declare themselves unavailable for a period of up to six (6) consecutive hours and still be considered available anytime for scheduling purposes. The six (6) hour period must fall between 00:00 hrs Monday and 24:00 hrs Thursday and be in the same block of time each week. All employees exercising this option must do so at the time they declare their availability.

Students must be available to work for all hours on either Saturday or Sunday and must be available for one additional six (6) hour block consistent with shifts in their department.

31.12 The Company will forward Declaration of Availability forms to each part-time employee no less than thirty (30) days prior to the Declaration dates in (1), (2), (3) above. Such forms shall be completed by the employee and returned to his Supervisor, prior to the declaration dates. Failure to provide the Supervisor with a Declaration of Availability prior to the Declaration dates shall result in the continuance of the previous Declaration of Availability. New employees shall be required to complete Declaration of Availability forms at the time of their application for employment.

Copies of all Declaration of Availability forms shall be forwarded to the Union Office.

31.13 The following items (a) and (b) shall apply only to the Front End Department of all stores.

1. Article 31.7 notwithstanding, the senior one-third (1/3) of the employees in the Front End Department, hereinafter called "the Group", shall be scheduled a follows:

1. the senior one third (1/3) of "the Group" shall receive twenty-five (25) hours or better, per week;

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ii) the next most senior one-third (1 /3) of "the Group" shall receive twenty-one (21) hours or better, per week;

iii) the least senior one-third (1/3) of "the Group" shall receive seventeen (17) hours or better, per week.

(b) Implementation of the above minimum guarantee of hours for "the Group" subject to the following definitions and/or conditions:

1. 'The Group" shall be calculated based on the total number of part-time employees in the Front End Department.

This will then produce the number of part-time employees entitled to the minimum guarantees as indicated in 31.13 (a).

Any restricted employees shall not qualify to be scheduled under this section. The Company, therefore, shall go to the next unrestricted available employee until the total number constituting "the Group" is reached.

The following paragraph 31.13 (c) shall apply to all other departments in the stores, except in the Front End Department.

1. Notwithstanding 31.13 (a) and (b) the following shall apply to all other departments.

The senior one-third (1/3) of unrestricted employees in a Department shall hereafter be called "the Group" and be scheduled as follows:

9. the senior one-third (1/3) of "the Group" shall receive twenty-five (25) hours or better;

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(ii) the next most senior one-third (1/3) of "the Group" shall receive twenty-one (21) hours or better;

3. the least senior one-third (1/3) of "the Group" shall receive seventeen (17) hours or better.

(d) Restricted employees shall not qualify to be scheduled under this section.

(e) Hours worked or paid, including General Holiday as per Article 13, shall be considered as hours worked for the purpose of satisfying the minimum guarantees in section 31.13 (a) and (c) above.

31.14 From time to time, the Company may establish new departments according to the following criteria:

1. a new group of products or commodities are to be sold or services offered;

b) the pre-existing mix of products or commodities is substantially altered to the extent that merchandising and staff requirements are substantially altered.

When a new department is established, the Department Supervisor for that department will be added to the exclusions under Article 1.

31.15 The Parties agree that, to enhance the Company's ability to develop supervisory staff, there shall be created the position of Assistant Department Supervisor. The Assistant Department Supervisor shall be:

1. filled by individuals hired or selected on the basis of their merit, qualifications, ability and seniority as determined by Management;

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2. required to provide all relief for Department Supervisor;

The rate shall be forty cents ($.40) per hour over the top in the Department.

3. when not relieving, receiving hours equal to but not more than the senior employee in the Department.

In the event of the closure of a store, employees shall be able to exercise their seniority to transfer to other stores of the Employer within the same division within the same contract area.

In the event that employees are unable to maintain employment in another store in the same division, they shall be able to exercise their seniority to transfer outside their division within their contract area. If they are still unable to maintain employment, they shall be able to exercise their seniority to transfer within the total bargaining unit.

Employees who exercise their seniority to transfer under this article shall retain their seniority hours. Employees who remain in the same classification and department shall retain their class hours and rate of pay.

Employees, who request in writing and are granted a specific day off prior to the posting of the work schedule, shall not have their hours of work for the week reduced as a result of the request being granted, provided not more than one request is made per four week period calendar. It is understood that the above shall be subject to operational requirements and the employee's restriction.

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The above will not restrict a Supervisor from granting additional days off.

Employees in General Merchandise Departments or in the Courtesy Clerk Classifications, who have worked more than 2000 hours, may request a transfer to a Food Department where there is a vacancy. Requests shall be considered on the basis of seniority provided the merit, fitness and ability are relatively equal among employees requesting a transfer.

Employees granted a transfer will be on probation for a period of up to 240 hours to demonstrate their ability to perform the work in a satisfactory manner. In the event they are unable to perform satisfactorily in the new position, they shall be returned to their previous position.

Employees granted a transfer will be placed on the Food Clerk Trainee or Food Clerk Specialist wage scale at the next higher rate of pay and be assigned the corresponding number of class hours. They shall then be able to exercise their seniority hours in the new department.

This clause shall not apply with respect to positions in the meat and bakery production areas.

32.1 Any complaint, disagreement or difference of opinion between the parties hereto, concerning the interpretation, application, operation of the Agreement, violation of the terms and provisions of this Agreement, shall be considered a grievance, subject to the grievance and arbitration provisions of this Agreement.

Employees found to be unacceptable to the Employer's Bonding Company may be discharged at the Employer's discretion.

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32.2 Grievances must be submitted to the Employer, in writing, not later than ten (10) working days from the event giving rise to the grievance, or it shall be waived by the aggrieved party.

32.3 No employee shall be subject to a disciplinary interview or be given a written reprimand, warning letter, or be suspended or dismissed except in the presence of a shop steward, or in his or her absence, another member of the bargaining unit, selected by the employee.

Verbal coaching or notes to file in an employee's personnel file shall not be considered a step in the progressive disciplinary process. Upon request, employees shall be given copies of any discipline documented in their personnel file.

Where appropriate, discipline shall be conducted on Company time at or near the end of the employee's shift.

32.4 Employees may request their right to the presence of a shop steward or in his absence, another member of the bargaining unit as selected by the employee during a random security check of bags, purses and parcels.

32.5 If the steward or another member of the bargaining unit is present during a reprimand, warning letter or security check, he may advise the employee.

32.6 The procedure for adjustment of grievance and disputes by an employee shall be as follows:

1st Step: By a discussion between the employee, with or without Shop Steward, and Management. If a satisfactory settlement cannot be reached within five (5) days; then within ten (10) days:

2nd Step: The Union representatives may take up the matter with the Company's official designated by the Employer to handle Labour relations. If a satisfactory settlement cannot be reached within fourteen (14) days, the matter may then be referred to Arbitration, as per Article 33.

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32.7 Stewards Recognition and Employees Representation

The Employer recognizes that shop stewards may be elected or appointed by the Union. The Union shall inform the Employer and post notices of the shop stewards on the bulletin boards.

33.1 Either of the parties may, within (30) days of a decision at Step 2 of the Grievance procedure, notify the other party in writing of its desire to submit the Grievance to Arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board.

33.2 The parties may mutually agree to select a single Arbitrator in lieu of a three person Arbitration Board.

33.3 The recipient of the notice shall within five (5) days inform the other party of the name of its nominee to an Arbitration Board.

33.4 The two (2) appointees so selected, shall, within five (5) days of the appointment of the second of them, appoint a third (3rd) person who shall act as Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limited, the appointment shall be made by the Minister of Labour for British Columbia upon request of either party.

33.5 No person who was involved in the negotiations of the Agreement will serve on the panel.

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34.1 The Employer agrees to pay the cost of transportation (bus fare or appropriate kilometer rate) when an employee is transferred to another store or required to use their own vehicle during the course of the employee's day of work. When an employee is transferred to another store during regular working hours, the time taken during transit will be paid by the Employer at the regular hourly rate.

35.1 The Employer will not search an employee's locker without the presence of the employee and a Shop Steward if requested.

35.2 All locks must be removed from lockers at the completion of the employee's shift.

36.1 The Employer agrees that he will fully comply with any law requiring that the employee be given time off to vote.

37.1 (a) The Employer agrees to name three (3) Trustees and the Union agrees to name three (3) Trustees, whose responsibility it will be to draft and maintain a trust document and plan text for a jointly trusted Dental and Health & Welfare Plan. The Trust document will be drawn up and approved by the Trustees not later than three (3) months following ratification.

1. The Employer agrees to participate in, and contribute to, the UFCW Local 777 Dental and Health & Welfare Plan.

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2. Effective the Sunday following ratification of the Collective Agreement, the Employer agrees to contribute to the Dental Plan, seventeen cents ($.17) per hour, and to contribute to the Health and Welfare Plan, fifteen cents ($.15) per hour for all hours paid by the Employer to members of the bargaining unit (hours paid shall include hours worked, vacation, general holidays, sick days, jury duty, bereavement leave, paid time off for negotiations, etc., up to a maximum of thirty-seven (37) hours per week. The total contribution to the funds shall be increased by one per cent per year effective each February of that contract year. Effective February 2, 2002, the total contribution shall be thirty-seven cents ($.37) per hour.

(d) The Employer agrees to sign a "Participation Agreement" and supply any other documents, forms, reports or information required by the Trustees of the Dental and Health & Welfare Plan.

(e) Contributions, along with a list of employees for whom they have made , the amount of the weekly contribution for each employee, and the number of hours worked or paid according to the above 37.1 (c), shall be forwarded by the Employer within the fifteen (15) days after the close of the Employer's four (4) or five (5) week accounting period. The Employer agrees to pay interest at the rate established by the Trustees on all contributions not remitted as stipulated above.

(f) Seventeen ($.17) cents of the contribution provided for above is intended for the purpose of providing such Dental Benefits for eligible employees as determined, from time to time, by the Trustees of the Trust Fund pursuant to the terms of the Trust Agreement.

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(g) The remaining contribution is intended for the purpose of providing other health and welfare benefits such as, but not limited to prescription drugs, life insurance, employee assistance program and other benefits as determined by the trustees from time to time.

(h) The trustees shall have the authority to allocate any surplus funds from the Dental Plan to the Health & Welfare Plan or from the Health & Welfare Plan to the Dental Plan in order to maintain or improve benefits as they determine appropriate.

Seventy percent (70%) of straight time weekly salary benefits to be paid on the fourth day of absence due to sickness or non-occupational accident. There is a twenty-six (26) week benefit period. It is understood and agreed that all matters of eligibility, coverage and benefits shall be as set out in the Plan and as determined by the carrier. The above is available for full-time employees. Employees found abusing the privilege shall be disciplined by the Employer.

38.1 The Employer agrees to pay 100 percent (100%) of M.S.P. premiums for all full-time employees.

38.2 The Company short term sick plan and M.S.P. benefits will be extended to those part-time employees who work thirty-two (32) hours per week for thirteen (13) consecutive weeks. The employee must fail to meet the above hour requirement for a period of thirteen (13) consecutive weeks from the time he or she first fails to meet it before he or she is disqualified.

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Paid hours for General Holidays under Article 13 shall count towards qualification and disqualification of these benefits.

Employees who qualify for the short term sick plan as outlined in this article shall be eligible to receive up to 5 days pay at 100% of the regular rate of pay per calendar year for absence due to illness.

39.1 This Agreement is effective from April 20, 1997, to April 19, 2003, and thereafter from year to year, but either party may, not less than thirty (30) days or more than ninety (90) days before the expiry date or the anniversary of such expiry date from year to year thereafter give notice in writing to the other party of desire to terminate such Agreement or to negotiate a revision thereof.

The Employer agrees to participate in and contribute to the CANADIAN COMMERCIAL WORKERS' INDUSTRY PENSION PLAN.

The Company agrees to continue the level of contribution in the Canadian Commercial Workers' Industry Pension Plan as negotiated in the retail chain industry in the Province of Alberta.

Contributions, along with a list of employees for whom they have been made, the amount of the weekly contribution for each employee, and the number of hours worked or paid according to the above, shall be forwarded by the Employer within twenty-one (21) days after the close of the Employers four (4) or five (5) week accounting period. The Employer agrees to pay interest at the rate established by the Trustees on all contributions not remitted as stipulated above.

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40.1 Pension Contributions Increases - Subject to the Master Agreement and listed as follows:

Effective December 29,1996 58 cents per hour

Effective January 4,1998 61 cents per hour

Effective January 3,1999 65 cents per hour

Past Service upgrade to $40.00 for service in CCWIPP

The Employer agrees to contribute ten cents ($.10) per hour for every hour worked by members of this UFCW 777 Bargaining Unit, based on Dental Plan hours, to the United Food & Commercial Workers, Local 777 Education & Training Fund, effective the Sunday following the date of ratification, 1997.

Should the Employer require a security background check on any existing employee, the Employer will bear the cost.

The Employer will maintain the appropriate supplies required to effectively operate the front end checkouts. Such items will include pens, fatigue mats etc. as determined by the employer.

The Employer will not require Doctor's certificates from employees unless:

1 - The employee has been formally advised that their attendance record is unacceptable and that Doctor's certificates will be required in the future, or;

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2. The duration of the absence, or circumstances surrounding the absence, require justification.

The Company agrees not to force an employee to take a polygraph or similar lie detector test. This shall be interpreted to mean that should the Company wish to ask an employee to take a polygraph or similar lie detector test, the employee will have the right to agree.

Within two weeks of ratification, the employer will provide each bargaining unit employee two $10.00 off coupons towards the purchase of "Higher State" clothing.

The Company will continue to provide a microwave oven and coffee machine at each store or warehouse location.

A courtesy phone for employee use will be provided in new store locations.

Cash shortage reports will not be posted in open areas.

In the event that the temperature in the store becomes unreasonably cold, employees will be allowed to dress accordingly.

This will confirm the Company's assurance to maintain full time employment to all bargaining unit employees in the Real Canadian Superstores, Extra Foods and Western Grocers in the Province of BC who are full time at the date of ratification. List of names to be attached.

The assurance of full-time employment may require moving to another location in the bargaining unit as determined by the Employer.

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The current full-time percentage will be maintained for the life of the current agreement. Retail 14%. Wholesale 20%.

One full-time position will be created in the Front End of each Real Canadian Superstore. The senior part-time employee will be selected subject to Article 31.6. This Front End Administration position will perform duties as assigned which may include but not be limited to; Cash Office, Customer Service, Cage, Cashier and other related duties. The position shall be filled in new stores within three months of the store opening.

Cage hours will continue to be scheduled as part of Customer Service.

Warehouse employees on date of ratification to receive $50.00.

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1) Appendix "A"

The parties agree that Appendix "A" does not prevent the implementation of additional premiums or other incentives as determined by the Company from time to time.

2) Employee Relations Committee

The parties agree to an Employee Relations Committee (E.R.C.) to address issues of concern to both employees and the Company. The meetings will be held quarterly at a store or otherwise mutually agreed location.

The committee will include up to six (6) bargaining unit employees or their designates. Subjects addressed may include health and safety, housekeeping and maintenance.

Issues that arise between meetings may be presented in writing to management or the Union. The Company will reply in writing or determine that an additional E.R.C. meeting is necessary.

The existence of this committee will not affect employee's rights under Article thirty-two (32).

3) Additional Supervisors

The parties agree that a second Supervisor may be appointed and excluded under Article 1. In those departments where the Company determines it necessary for the proper operation of the business.

The introduction of a second supervisor shall not result in a reduction in hours worked by bargaining unit employees in the Department.

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1. The parties agree that the current roster of Departmental Supervisors includes the following:

Front End Supervisor, Deli Supervisor, Meat Supervisor, Fish Supervisor, Bakery Supervisor, Grocery Supervisor, Produce Supervisor, Apparel Supervisor, Beauty Supervisor, Bakery Sales Supervisor, Bulk Foods Supervisor, Toiletry Supervisor, House wares Supervisor, Photo Electronics Supervisor, OTC Supervisor, Photo Lab Supervisor, Leisure Supervisor, Pharmacy Supervisor, Grocery Receiving Supervisors, Grocery Assembly Supervisors, Meat/Frozen Supervisors, Produce Supervisors, Transportation Supervisor , Inventory Control Supervisor, Maintenance Supervisor, Freight Forwarding Supervisor, Shipping Supervisors.

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a) The Employer agrees to ensure as far as is reasonably practical to do so the Health and Safety of the Employees in all of the operations.

b) The Union and the Employer shall each appoint two (2) committee members for each committee which shall meet once per month at the place of employment or otherwise mutually agreed location. Meetings will be held on Company time.

c) The Union or any employee may bring to the attention of the Employer any Health and Safety concerns and such issues will be addressed by the Committee.

d) The Employer will act expeditiously in responding to Health and Safety concerns raised.

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1 When assigning employees to forklift duties of more than one day, senior employees in the department shall be considered, provided they have demonstrated the consistent ability to work in an efficient, accurate and safe manner.

2 The Company will provide appropriate jackets to be worn by employees when assigned to work in the freezer. In addition, each employee in the Meat/Dairy/ Frozen Department at date of ratification will be supplied with a hat to wear.

3 The Company and Union Representative shall meet to discuss implementation of the DCAM standards into the Distribution Center. The Union will have the opportunity to have an Industrial Engineer audit the DCAM system. Discussion will include subjects such as allowances for unproductive time (eg. Battery changes).

4 The Company and Union Representatives will review the cases of employees disciplined for poor productivity in the past in light of the planned implementation of DCAM standards.

5 The Employer will provide rubber boots, rubber gloves and face shields for the clean up of hazardous materials.

6 The Employer shall provide forklift training for candidates selected to operate forklifts.

7 Back Support Belts

The Employer agrees to make ten back support belts available for use by Warehouse employees on a trial basis.

8 Warehouse employees may request a transfer to another department within the Warehouse once per the term of the collective agreement. Requests will be considered subject to Article 31.6 when a full-time vacancy is available.

9 Scheduling guarantees 25, 21 and 17 hours in c), d),

and e) shall be applied in the Warehouse Departments.

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Re: Article 31.14 - Guarantee of Hours

1. For the purpose of calculating the guarantee of hours in the Front End, it is agreed that there are three (3) departments:

1. Front End Specialists
2. Cash Office Specialists

1. Customer Service/Courtesy Clerks

b) The number of employees entitled to a minimum guarantee of hours of twenty-five (25), twenty-one (21), or seventeen (17) hours, is to be calculated according to a formula.

For Example:

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Between: Westfair Foods Ltd. Carrying on business in the Province of British Columbia,

And:

The United Food and Commercial Workers Union, Local 777 chartered by the United Food and Commercial Workers International Union AFL- C.I.O.- C.L.C.

In reference to Article 39 of the Collective Agreement, the parties agree that the operation of Section 50, second paragraph of the Labour Relations Code, British Columbia is hereby excluded.

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Opening of the Real Canadian Superstore in Kelowna and Mission

1. Employees in the Extra Food stores in Kelowna and Clearbrook shall be given the opportunity to apply to transfer to the Real Canadian Superstore prior to the opening in Kelowna and Mission respectively. Up to one half the employees from each department may transfer to the Superstore prior to or within three months of the new store opening.
2. Should the Kelowna or Clearbrook Extra Foods store close within six months of the opening of the Real Canadian Superstore in Kelowna or Mission, the affected employees will be able to exercise their seniority into the respective Superstore.

 

3. In the event that the production of meat and bakery products for the Extra Foods stores in Kelowna or Clearbrook are produced at the Real Canadian Superstore in Kelowna or Mission, the existing production employees at the Extra Foods stores will be able to exercise their seniority into the respective Superstore,

In the event that an employee is accepted for transfer under part a) or exercise their seniority under part b) or c) into the Superstore, they shall do so within the same department and maintain their class hours, seniority and rate of pay.

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General Merchandise in Extra Foods stores shall be considered one department unless:

1. the store contains a Pharmacy, in which case the Pharmacy will be considered a second, separate department, and/or
2. the store contains a Photo Lab, in which case the Photo Lab will be considered a third, separate department.

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1. s, carry-outs, price checks, filling check stands with bags, merchandise return (put aways) sweeping and cleaning the check stand, entrance and entire store area.
2. It is understood that cleaning the entire store area shall mean cleaning moldings, shelves, sweeping and mopping of the floors in any area of the store premises and shall also include clean-up (dust, wash, damp mop, clean up spills and breakages) in lunch room, washroom and sales area. The sales area shall be defined as any area within the store where the customers normally shop.

3. Courtesy Clerks will not be used to the extent that existing employees doing those duties will suffer a reduction of hours.

4. The total number of Courtesy Clerks hours in a store shall not exceed ten percent (10%) of the total hours worked in the bargaining unit of that store each and every week.

5. It is understood that Courtesy Clerks are excluded from the guarantee calculations but are eligible to receive guarantees.

If the Company exceed the ten percent (10%) indicated above in a week, hours in excess of ten percent (10%) shall be paid at the rate of fifteen dollars ($15.00) per hour to the most senior Food Specialist (s)).

Food Clerk Trainee **

Food Clerk Specialists**

Meat Production Specialists (Meat Cutters)**

Bakery Production Specialist (Bakers)*

* Last two rates apply only to "Journeyperson" Production Specialist.

** Food Department DA's including Meat and Bakery Sales and Production Assistants shall be placed on the Food Clerk Trainee or Food Clerk Specialist scale depending on their rate of pay.

General Merchandise Assistants

Office & General Merchandise Specialists - (inside G.V.R.D.)

General Merchandise Specialists - (Outside G.V.R.D.)

Rx Tech

Meat Cutter and Bakery Trainees

Courtesy Clerks (hired after ratification)

Distribution Specialists - (Current Specialists and Current DA's)

Distribution Trainees (Hired after Ratification)

Distribution Specialists (Promoted from Trainees)

The Union's Negotiating Committee agrees to recommend acceptance of the proposed Collective Agreement, which is subject to ratification by the membership.

Signed this 9th day of April, 1997 at Burnaby, British Columbia.

FOR THE COMPANY

FOR THE UNION

All employees to receive across the board increases as follows:

Sunday following ratification $.30

February 1998 $.30

February 1999 $.30

February 2000 $.30

February 2001 $.35

February 2002 $.35

The only exception to this is for employees at top rate in both the GM specialist classifications & the Departmental Assistant Classification who shall receive the top rate increase.

Employees receiving an across the board increase shall be placed in an off scale rate until their class hours entitle them to the next highest rate. Transition to new scale as per examples to be attached.

Employees to be placed on the Trainee or Specialist scale in Food departments with their class and seniority hours. Specialists at $8.00 to be placed at the rate of $9.30 and work for 500 hours, at which time they will be placed at the top rate of $10.35 and be allocated 521 class hours on the new scale. Employees placed or hired onto Trainees scale shall be promoted to specialist when they reach the top rate as a Trainee. Their class hours as a specialist will start at zero.