JOB SECURITY AGREEMENT
This SUPPLEMENTAL AGREEMENT, hereafter referred to as the Job Security Agreement, is entered into effective the 4th Day of April, 1995, with CAW-Canada Local 2000 and effective the 24th day of October, 1995, with the USW TC Local 1976.
BETWEEN
Allstream Inc.
called the "Employer"
of the first part
AND
National Automobile Aerospace, Transportation and General Workers Union of Canada
(CAW-Canada) and its Local 2000
AND
United Steelworkers, TC Local 1976
called the "Unions”
of the second part
WHEREAS by Agreements dated the 16th day of September, 1982, between the Employer and the Unions, the Employer agreed to the establishment of a fund to provide a job security program for the benefit of its employees covered by Collective Agreements with the Unions, which job security program is referred to in the aforesaid Collective Agreements; and
WHEREAS Royal Trust Company (hereinafter referred to as the "Manager") is appointed to act as Manager of the Job Security Fund established and maintained by the Employer pursuant to this Agreement on the terms set forth in Appendix "A" attached hereto.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants hereinafter contained, the parties hereto agree as follows:
TABLE OF CONTENTS
ARTICLE 1 - JOB SECURITY FUND 1
ARTICLE 2 - THE MANAGER 2
ARTICLE 3 - THE ADMINISTRATIVE COMMITTEE 3
ARTICLE 4 - POWERS OF THE ADMINISTRATIVE COMMITTEE 4
ARTICLE 5 - WEEKLY LAYOFF BENEFITS AND SEVERANCE PAYMENTS 7
ARTICLE 6 - TRAINING OF LAID-OFF EMPLOYEES 11
ARTICLE 7 - RELOCATION EXPENSES 13
ARTICLE 8 - TECHNOLOGICAL, OPERATIONAL AND ORGANIZATIONAL CHANGES 16
ARTICLE 9 - GOVERNMENT ASSISTANCE PROGRAMS 19
ARTICLE 10 - SPECIAL PROVISIONS FOR EMPLOYEES WITH TWENTY YEARS OR MORE OF
CUMULATIVE COMPENSATED SERVICE 20
ARTICLE 11 - NON-APPLICABILITY OF SECTIONS 52, 54 AND 55 OF PART I, AND SECTIONS
214 TO 226 INCLUSIVE OF PART III OF THE CANADA LABOUR CODE 21
ARTICLE 12 - AMENDMENT 22
ARTICLE 13 - COMMENCEMENT AND TRANSITIONAL 23
ARTICLE 14 - NEW EMPLOYEES 24
ARTICLE 15 - DURATION 25
APPENDIX "A" - TERMS OF MANAGEMENT AGREEMENT 26
APPENDIX "B" - BENEFIT ACCUMULATION 27
APPENDIX "C" - APPRAISAL PROCEDURES 29
APPENDIX "D" - EXAMPLE OF PAYMENT FOR PART WEEK ON RECALL 31
APPENDIX "E" - JOB SECURITY ELIGIBILITY TERRITORIES 32
2012 Job Security Agreement Page 18
ARTICLE 1
JOB SECURITY FUND
1.1 The employer shall establish a fund, hereinafter called the "Job Security Fund" which shall consist of:
a) All monies remaining in the former Job Security Fund as of December 31, 1985; and monthly payments into the fund effective with the month of January 1986, of one cent per hour worked by each of the employees covered by the Collective Agreement between the parties; and
b) All income derived from the investments by the Manager of the Job Security Fund,
and shall be subject to the following conditions:
c) The minimum book value of the Fund is to be $100,000 and the Employer agrees that if the proceeds from clauses a) and b) above are not sufficient to maintain a value of $100,000 as shown on the Manager's monthly balance sheet, the Employer shall pay to the Fund within the thirty (30) day period following receipt of the Fund to the minimum book value established herein; and
d) The maximum book value of the Job Security Fund shall be thirty-five (35) percent of the total layoff benefits payable under this Agreement assuming all employees eligible for benefits under this Agreement were laid off and received the maximum benefits under the provisions of this Agreement.
e) In the event that the Plan shall be terminated in accordance with its terms prior to the expiration date of this agreement the monies in the fund shall be used for payments and administrative costs associated with the plan. If any monies remain they will revert to the Company and be utilized in a manner acceptable to the parties.
1.2 The parties agree that it is their intent that Supplemental Unemployment Benefits be paid only for temporary periods (the specific duration being set out in the provisions of this Agreement). Employees in receipt of SUB continue their employment relationship with the Company, retain their seniority rights, and are required to accept temporary or permanent assignments as provided in this Agreement or become disentitled to SUB. An Article 8 notice reflects a permanent change; the lay-off therefore is indefinite; however, it may be temporary since the employee retains his seniority and is subject to recall to work in accordance with the provisions of his collective agreement.
ARTICLE 2
THE MANAGER
2.1 The employer shall pay monthly the monies which it is required to put into the Job Security Fund to the Manager.
2.2 a) The Job Security Fund shall be administered by the Manager in accordance with the provisions of this Agreement.
b) The monies belonging to the Job Security Fund may be invested in Securities in which a company to which the Canadian and British Insurance Companies Act applies may, by Section 63 of the said Act, invest its funds; and doing so the Manager shall be subject to all of the provisions and limitations contained in the said section as though it were an insurance company within the meaning of the said Act.
2.3 The Manager shall, as directed by the Administrative Committee established under Article 3 hereof, pay the following out of the Job Security Fund:
a) Weekly layoff benefit and severance payments as provided in Article 5 to eligible employees.
b) Costs required to train eligible employees pursuant to Article 6 hereof.
c) Relocation expenses for eligible employees pursuant to Article 7 hereof.
d) Incumbency costs of maintaining basic rates for eligible employees pursuant to Article 8 hereof.
e) Early retirement allowances for eligible employees pursuant to Article 8 hereof.
f) Benefit payments in special cases as provided in Article 4 hereof.
g) Fees and disbursements payable to the Manager in accordance with Appendix "A" hereof.
h) Expenses of the Administrative Committee, including salaries of such persons as the Administrative Committee may employ and actual reasonable expenses incurred by out-of-town Committee members when attending Committee meetings.
i) Such reasonable increased expenses as may be incurred by the Employer for services performed by it in the administration of this Agreement subject to determination from time to time by the Administrative Committee at intervals of not more than six months.
j) Expenses of an arbitrator appointed pursuant to the provisions of this Agreement.
k) Cost of vacations as a result of the application of Article 10.1.
l) Cost of Life Insurance Premiums as provided for in Article 10.2.
m) Cost of Medicare Premiums as provided for in Article 10.3.
ARTICLE 3
THE ADMINISTRATIVE COMMITTEE
3.1 An Administrative Committee shall be established consisting of four members, two of whom shall be appointed by the Employer, and two by the Unions.
3.2 The members of the Administrative Committee shall be appointed yearly and shall hold office until the 31st day of December next following the date of their appointment. At the same time and in the same manner a like number of substituted shall also be named. Should a vacancy occur on the Administrative Committee, whether temporary or otherwise, the vacancy shall be filled by one of the substitute members appointed by the same body which appointed the original member. Each party shall notify the other, in writing, of the members and substitutes appointed to the Administrative Committee within five days of the date of their appointment.
3.3 The Notice referred to in Article 3.2 shall be given in the manner following:
a) Notice on behalf of the Unions shall be given by the President, CAW-Canada Local 2000, or President, USW TC Local 1976, or a person authorized by him, addressed, and mailed by registered post, to: Director Labour Relations, Allstream Inc., 200 Wellington Street West, Toronto, Ontario, M5V 3G2.
b) Notice on behalf of the Employer shall be given by the Senior Manager, Labour Relations, of the Employer (or a person authorized by him), addressed, and mailed by registered post, to the President, CAW-Canada Local 2000, or President, USW TC Local 1976.
3.4 Three members of the Administrative Committee shall be a quorum.
3.5 The members of the Committee shall elect from their own number, two Co-Chairmen, one from the Unions and one from the Employer, who shall hold office until the 31st day of December of the year for which they are elected or until such earlier day as may be fixed by the Committee.
3.6 Each member of the Committee present at a meeting shall have the right to cast one vote on each question. Decisions of the Committee shall be carried by a simple majority of those present, except as herein otherwise provided, and shall be final and binding.
3.7 Should any dispute arise respecting the meaning, interpretation, applications, administration or alleged violation of this Agreement, such dispute shall be referred to the Administrative Committee for decision. Such referral shall be submitted in writing within sixty (60) days of the date a decision has been rendered by the Company. The request shall be submitted to the co-chairman of the Administrative Committee.
3.8 In the event the Administrative Committee is unable to reach a decision within thirty (30) days from the date on which a hearing was held, the initial submission shall be referred to arbitration in accordance with the arbitration procedure of the applicable collective agreement.
3.9 When a question has been referred to an arbitrator as provided for in Article 3.8 hereof, the arbitrator shall have all the powers under the Canada Labour Code and the relevant Collective Agreement, and those of the Administrative Committee as set out in Article 4 hereof in respect of that question. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this or any other collective agreement pertaining hereto. The decision of the arbitrator shall be final and binding.
3.10 The Administrative Committee shall meet quarterly or more often as it may determine.
ARTICLE 4
POWERS OF THE ADMINISTRATIVE COMMITTEE
4.1 Subject to the provisions of this Agreement, the Administrative Committee shall have full and unrestricted power and authority and exclusive jurisdiction to deal with and adjudicate upon all matters and questions relating to the award or refusal of any payments from the Fund, and to the recovery of any overpayment that may have been made; and effect shall be given by the Manager to the decisions of the Administrative Committee.
Without limiting the generality of the foregoing, the Administrative Committee shall have the power:
a) To prescribe the form and the manner in which application for payments from the fund shall be made;
b) To delegate to such officer(s) of the Employer as may be designated by the Employer, the power to authorize payments under this Agreement, in accordance with such instructions as may be issued from time to time by the Administrative Committee; provided that application therefore has been made in the form and manner prescribed by the Administrative Committee;
c) To amend, alter, modify, or reverse the award or refusal of payments by an officer of the employer;
d) To admit to this Agreement any applicant bargaining unit that has a collective agreement with the Employer. Admission shall be subject to such conditions as may be determined from time to time by the Committee. For the purposes of the Clause 4.1(d), the term "Employer" shall include any corporation controlled by Allstream Inc.;
e) To deal with and adjudicate upon any other matter relative to this Agreement and which does not add to, subtract from, or modify any of the terms of this or any other collective agreement.
4.2 The Committee shall not have any power to deal with and adjudicate upon any benefits not specifically provided for in this Agreement nor in any subsequent agreement reached between the Employer and any Union or Unions signatory hereto.
4.3 a) Notwithstanding the provisions of Article 4.1 the following types of cases not specifically covered by this agreement may be submitted to the Administrative Committee for adjudication and payment of benefits, but such cases shall not be subject to arbitration
i) Special Circumstances: special case(s) involving extenuating circumstances;
ii) Temporary Layoffs: special case(s) of temporary layoffs of not more than 52 weeks lending themselves to an orderly implementation of layoff procedures based on the principle of inverse seniority. Where it is agreed that such special case(s) exists, this principle is to be applied at the work location where the layoffs are occurring and on a optional basis after all employees with less than two years service have been laid off;
iii) Staff Reduction - Separation Allowance: special case(s) of staff reductions lending themselves to special offers of optional early retirement separation allowances to employees eligible, or within one year of eligibility, to retire under Employer pension rules so as to prevent the otherwise unavoidable relocation and separation of employees with two or more years of service. The separation allowance to apply in each such special case of optional early retirement is to be a lump sum payment calculated on the basis of the following formula: