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Labor Agreement Between Abt's Acton Plant

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EXHIBIT 10.30
February 17, 1997


Mr. Sid Barens President, Local Union 603 United Steel Workers of America [finish address]


Dear Sid:


During the recently concluded negotiations for a new Collective Labour Agreement, the parties discussed conducting, on the Acton plant premises, local elections among those employees of the Company who are covered by the Collective Labour Agreement. As discussed, every three (3) years the Union may conduct local elections on the Acton plant premises provided: 1) the Union obtains written permission from the Company's General Manager not less than two weeks in advance of the desired election date and time; 2) the use of the plant premises is for the sole purpose of actual voting by Company employees; and 3) the use of the plant premises does not, in any way, interfere with Company operations.


Sincerely,


Gary Ball
Vice President of Operations


COLLECTIVE
LABOUR
AGREEMENT
1996 - 2001 - --------------------------------------------------------------------------------
between


ABTCO CANADA LIMITED
ACTON PLANT


and


UNITED STEELWORKERS
OF AMERICA


Local 603, A.F.L. - C.I.O - C.L.C.


TABLE OF CONTENTS
-----------------


PAGE
---- ARTICLE 1 DEFINITIONS.................................................... 1


ARTICLE 2 VALIDITY OF CLAUSES............................................ 2


ARTICLE 3 COMPANY RECOGNITION............................................ 2


ARTICLE 4 UNION RECOGNITION OF JURISDICTION.............................. 2


ARTICLE 5 PROBATIONARY PERIOD............................................ 3


ARTICLE 6 CONTRACTS...................................................... 4


ARTICLE 7 OBLIGATIONS.................................................... 4


ARTICLE 8 HOURS OF WORK.................................................. 6


ARTICLE 9 OVERTIME RATES & PREMIUM COMPENSATION.......................... 7


ARTICLE 10 VACATIONS..................................................... 10


ARTICLE 11 RECOGNIZED HOLIDAYS........................................... 13


ARTICLE 12 CLASSIFICATIONS AND RATES..................................... 14


ARTICLE 13 SENIORITY..................................................... 14


ARTICLE 14 TRANSFERS..................................................... 15


ARTICLE 15 PROMOTIONS.................................................... 16


ARTICLE 16 DEMOTIONS..................................................... 17


ARTICLE 17 LATERAL MOVES................................................. 18


ARTICLE 18 LAY-OFFS...................................................... 18


ARTICLE 19 JOB POSTING................................................... 19


ARTICLE 20 GRIEVANCE PROCEDURE........................................... 20


ARTICLE 21 UNION COMMITTEE............................................... 23


ARTICLE 22 HEALTH AND SAFETY............................................. 24


ARTICLE 23 NOTICE BOARDS................................................. 25


ARTICLE 24 LEAVE OF ABSENCE.............................................. 25


ARTICLE 25 DURATION OF AGREEMENT......................................... 26


"APPENDIX A" STANDARD HOURLY WAGE RATES.................................. 28


APPENDIX "B" 12 HOUR SHIFT SCHEDULE...................................... 31


APPENDIX "C" SUMMARY of BENEFITS*........................................ 33


ARTICLE 1
---------


DEFINITIONS
-----------


1.01 COMPANY - ABTCO Canada Limited with respect only to its plants located at
-------
Halton Hills (Acton), Ontario.


1.02 UNION - United Steelworkers of America, Local 603, A.F.L. - C.I.O. -
-----
C.L.C.


1.03 EMPLOYEE(S) - Any person who is actively at work for the Company whose job
-----------
places him within the bargaining unit as defined (See Section 4.02) and who
has completed the probationary period (See Section 5.01). Status as an
employee shall be lost for any one of the following reasons:


a) If an employee quits.


b) If an employee is discharged for just cause.


c) If an employee is laid off (See article 18).


d) If an employee fails to report to work following termination of
authorized leave of absence unless granted further leave of absence by
the Company or unless employee can give a valid and acceptable reason
for not reporting on the specified day. If a former employee is
rehired within 12 months of his loss of status, he will be reinstated
as an employee immediately without probationary period.


1.04 ABILITY - The word "ability" wherever used in this Agreement means
-------
training, and efficiency.


1.05 PLANT SENIORITY - The period of time during which the employee has been
---------------
actively employed in the plant without any of the interruptions which cause
loss of seniority as specified in Section 13.04, less any time spent on lay
off during this period in excess of ninety (90) consecutive working days.
Plant seniority is accumulated during periods of lay off for up to one year
or for a period of time equivalent to the length of his service, whichever
is shorter.


1.06 DEPARTMENT SENIORITY - That part of the employee's plant seniority which
--------------------
has been spent in any one department (See Section 13.06 and 14.02).


1.07 JOB SENIORITY - That part of the employee's department seniority which has
-------------
been spent on any job in that department.


1.08 "ABILITY AND SENIORITY" and/or "SENIORITY AND ABILITY" have the same
--------------------- ---------------------
meaning when used in this Agreement.


ARTICLE 2
---------


VALIDITY OF CLAUSES
-------------------


2.01 Any provision of this Agreement which may be or may become in conflict with
present or future provisions of Federal or Provincial laws, or orders-in
Council by same, becomes by that fact null and void without affecting the
validity of the remainder of the present Agreement.


ARTICLE 3
---------


COMPANY RECOGNITION
-------------------


3.01 The Union recognizes that the Company retains all the customary and
normal functions of Management except as they are expressly restricted by
the terms of the Agreement.


ARTICLE 4
---------


UNION RECOGNITION & JURISDICTION
--------------------------------


4.01 (a) The Company recognizes the Union for the purposes of collective
bargaining as the sole bargaining agency, with respect to all articles
included in this Agreement, for all of its employees except those
excluded from the bargaining unit (Section 4.02) during the currency
of this Agreement.


(b) Where the masculine pronoun is used herein, it shall mean and include
the feminine pronoun where the context so applies.


4.02 The present Agreement applies to all persons with employee status except:


(a) Foreman and persons above the rank of foreman.


(b) Office staff.


(c) Sales staff.


(d) Technology department.


4.03 Employees outside the bargaining unit will not perform work that is
normally done by employees within the bargaining unit. However, this
Agreement cannot be construed to prohibit them from doing work for purposes
of instruction, experimentation or research or in the case of an emergency,
provided a lay-off of bargaining unit employees does not result.


2


4.04 Any employee who is a member of the Union in good standing shall, as a
condition of employment, maintain his membership to the extent of paying
membership dues. Any person hired as a new employee and any employee who is
hereafter transferred into the Bargaining Unit, shall make application for
membership in the Union on the date of employment or transfer and shall, as
a condition of employment, maintain his membership in the Union to the
extent of paying membership dues.


4.05 a) The Company shall deduct from the pay of each member of the bargaining
unit, weekly, such union dues, fees and assessments as authorized by
the Constitution of the Union.


b) The Company shall remit the amounts so deducted, prior to the
fifteenth (15th) day of the month following, by cheque, as directed by
the Union, payable to the International Treasurer.


c) The monthly remittance shall be accompanied by a statement showing the
name of each employee from whose pay deductions have been made and the
total amount deducted for the month. Such statements shall also list
the names of the employees for whom no deductions have been made and
the reasons why, along with any forms required by the International
Union.


d) The Union shall indemnify and save the Company harmless from any
claims, suits, judgments, attachments and from any other form of
liability as a result of the Company making any deductions in
accordance with the foregoing authorizations and assignments and the
Union shall refund direct to all employees from whom a wrongful
deduction was made.


4.06 If any employee works less than 40 hours in any one month he shall not be
required to pay Union dues for that month unless this policy is changed by
the constitution of the United Steelworkers of America.


ARTICLE 5


PROBATIONARY PERIOD
-------------------


5.01 All employees will be on probation for the first 480 normal working hours
of their employment accumulated during a nine (9) month period. The
exception to the above being maintenance department personnel who will be
on probation for the first 720 normal working hours of their employment
accumulated during a nine (9) month period.


5.02 The Company has the right to terminate an employee on probation without
recourse on the part of the Union and any such termination cannot
constitute a grievance provided


3


that this right shall not be used for the purpose of discrimination against
said employee under the Ontario Human Rights Code or for Union activity.


ARTICLE 6
---------


CONTRACTS
---------


6.01 The Union recognizes that this Agreement cannot be construed to affect
contracts or sub-contracts that the Company may award to have work done,
nor limit the Company's right to make such contracts or sub-contracts. The
Company will recall all laid off Bargaining Unit employees who have the
proven skills to perform the proposed contract work prior to using outside
sources.


ARTICLE 7
---------


OBLIGATIONS
-----------


7.01 The Union will not engage in Union activities during working hours or hold
meetings at any time on the premises of the Company without the permission
of the Plant Manager or his representative.


7.02 The Union and the Company agree that there shall be no strikes, slowdowns
or lockouts during the currency of this Agreement.


7.03 Should operations cease due to any cause whatsoever, the property of the
Company will be maintained in operating condition by the continuance at
work of up to seven (7) employees as required. It is also agreed that at no
time will the Union exercise either directly or indirectly interference or
coercion with a view to preventing employees of the Company who are not
covered by this Labour Agreement from entering Company property.


7.04 (a) When a shift begins, each employee is required to be at his place. At
the end of a shift, no employee is to leave his place until his
replacement has reported to take on the responsibility of the job
unless said employee can provide an acceptable reason prior to leaving
as to why he cannot remain on the job until his replacement arrives.
In this event, all machines will be maintained on a productive basis
by the crew on hand. If an employee is required to remain at his
place, the foreman will obtain a relief as soon as possible.


(b) The Company will pay, upon submission of a receipt, for
transportation, when necessary, for employees who are required to
remain on duty, pending the arrival of their replacements, to a
maximum of $15.00 for employees living outside the municipality of
Acton and $5.00 for employees living in the municipality of Acton.


4


7.05 Employees covered by this Agreement shall be entitled to life,
disability, and medical benefits as summarized in Appendix "C".


7.06 Written warning notices and suspensions which are to become part of the
employee's record shall be presented to the employee in the presence of
the steward or chief steward whenever possible. In the event neither of
the above are available a member of the bargaining unit shall be present.
It is agreed that written notices not repeated within a one year period
will be canceled. Disciplinary notices and suspensions relating to acts
of insubordination that are not repeated within a three year period will
be canceled.


7.07 When an employee is discharged the Company agrees to notify him that he
may see his Union Steward or an officer of the Union prior to his leaving
the premises if he so requests. It is understood that once the employee
leaves the premises he may not return without permission from the
Company.


7.08 It is agreed that Part XI, Pregnancy and Parental Leave, of the
Employment Standards Act, 1990, forms part of this Agreement.


7.09 Should an employee become incapacitated either by age, sickness or
injury, and is no longer capable of performing his regular job, as
certified by a doctor approved by the Company, the Company shall endeavor
to place such employee in another job which he is capable of performing,
the job not being higher than his existing classified rate and in
accordance with Articles 14, 16 and 17. If no such job is available, the
employee will be laid off or if eligible, retired.


7.10 Only the operator shall change the running condition of any production
line, but, Maintenance personnel may be required from time to time, in
conjunction with the Operator, to change the settings and/or running
condition of any production extruder.


7.11 Employees will have the option of contributing to the Union Humanity
Fund.


7.12 COMPANY SAFETY SHOE POLICY: The Company may pay for Safety Shoe purchase
according to the following schedule:


Maintenance Personnel - Two (2) pair per year on an as needed basis.
All Other Personnel - One (1) pair per year


Upon Signing of the New Labour Contract $80.00/pair
November 1, 1998 $85.00/pair
November 1, 2000 $90.00/pair


7.13 The Company will provide pension benefits as set forth in the ABT CANADA
LIMITED PENSION PLAN, JANUARY 1, 1996, which is fully incorporated herein
by reference. The plan, which will include employee and Company
contributions, is


5


effective January 1, 1997. Company contributions may be invested in the
same investment options as the employee contributions.


ARTICLE 8
---------


HOURS OF WORK
-------------


8.01 (a) Nothing contained in this Agreement in general or in this Article in
particular, can be construed to indicate that the Company guarantees
hours of work per day or days of work per week.


(b) The normal hours of work for all employees either on a rotating or
non rotating basis as per established schedule shall be 8 hours per
day, 40 hours per calendar week.


8.02 The standard starting time for day shift employees shall not be before
7:00 a.m. and the standard quitting time shall not be later than 5:30
p.m. Not over one hour, without pay will be allowed for lunch.


8.03 The standard starting and quitting time for rotating shift employees will
be:


12:00 midnight to 8:00 a.m.
8:00 a.m. to 4:00 p.m.
4:00 p.m. to 12:00 midnight


8.04 The Company will advise the President or Vice-President of the Union of
changes in hours of work and shifts when possible 72 hours but not less
than 48 hours before making them effective.


8.05 All rotating shift employees will be allowed a lunch period not in excess
of 20 minutes which will be scheduled so as to maintain production and at
a time mutually convenient to the employee and the Company. No employee
will be required to work longer than 5 consecutive hours without an
eating period.


8.06 When possible, employees from distribution or maintenance who are
scheduled to work on weekends or vacation shutdown will be allowed a
lunch period not in excess of twenty (20) minutes which will be scheduled
at a time mutually convenient to the employee and the Company. No
employee will be required to work longer than five (5) consecutive hours
without an eating period.


6


ARTICLE 9
---------


OVERTIME RATES & PREMIUM COMPENSATION
-------------------------------------


9.01 (a) overtime rates shall be paid only to employees who are working
additional hours at the request of the Company and shall not be paid
for such extra hours which have been exchanged at the request of
employees for their own convenience.


(b) Overtime work shall be divided as equitably as possible among all
employees capable of performing the work at the rate the job
entails.


(c) An employee may be excused from working overtime provided another
qualified employee is available to do the work required.


(d) There will be no pyramiding of overtime pay, or any other add-on or
premium rate of pay.


9.02 (a) Employees will be paid overtime compensation for all work performed
in excess of eight (8) consecutive hours on the basis of one and
one-half times their classified rate of pay.


(b) Employees working a seven (7) day schedule will be paid overtime
compensation for all work performed on their scheduled first and
second days of rest on the basis of one and one-half times their
classified rate of pay. Work performed on their scheduled third day
of rest will be compensated on the basis of two times their
classified rate of pay.


(c) Employees working on a five (5) day schedule or on non-rotating
shifts will be paid overtime compensation for all work performed on
Saturday on the basis of one and one-half times their classified
rate of pay.


(d) Employees working on a five (5) day schedule or on non-rotating
shifts will be paid overtime compensation at two (2) times their
classified rate of pay when they are requested to work between
midnight Saturday and midnight Sunday.


(e) An employee who is required to work weekend overtime and who returns
to work after eight (8) hours off will receive two (2) hours of
additional pay at their classified rate provided the employee
completes both shifts.


7


9.03 It is agreed that when the Company requires a rotating shift employee to
change his shift at other than the scheduled rotation time, with less
than 16 hours elapsed time between his normal quitting time, and the
beginning of his new schedule he will be paid time and one-half his
classified rate for all hours worked on the first shift of the new
schedule.


9.04 Compensation at double time the employee's classified rate shall be paid
to all employees requested to work during the twenty-four (24) hour
period from midnight of the day before and midnight of the day celebrated
as a holiday recognized by this Agreement in addition to the holiday pay.


9.05 (a) Compensation at one and one-half times the employee's classified
rate shall be paid to all employees who are required to return to
do other than scheduled overtime work at other than their regular
hours provided such non-scheduled work involves an extra trip to
the plant. Subject to his proviso they still receive no less than
two hours pay at one and one-half times their classified rate.


(b) It is agreed that an allowance of $10.00 will be given to each
employee, when called in to work for non scheduled overtime, and who
lives over ten (10) miles from the plant.


(c) Employees who are called in to work prior to the start of their
scheduled shift will be paid one and one-half times their classified
rate for time worked prior to the start of their scheduled shift.


9.06 Employees working on the 4:00 p.m. to midnight shift will be paid the
following shift premium effective with the first payroll period on or
after:


Upon Signing New Contract $0.32/hour
November 1, 1997 $0.34/hour
November 1, 1998 $0.36/hour
November 1, 1999 $0.38/hour
November 1, 2000 $0.40/hour


9.07 Employees working on the midnight to 8:00 a.m. shift will be paid the
following shift premium effective with the first payroll period on or
after:


Upon Signing New Contract $0.57/hour
November 1, 1997 $0.58/hour
November 1, 1998 $0.59/hour
November 1, 1999 $0.60/hour
November 1, 2000 $0.61/hour


8


9.08 All employees reporting for scheduled work unless a contrary order from
the foreman has been given, will receive five (5) hours pay at his
classified rate, provided that the causes for no work being available are
within the Company's control. It is understood that the employee may be
supplied with alternate work provided the employee has no job related
limitations and is qualified to perform the work that is provided.


9.09 It is agreed that when an employee is assigned to work in a job paying a
higher rate than his own, he shall be paid the higher rate while
occupying the said higher rated job.


9.10 It is agreed that when an employee is assigned at the convenience of the
Company, to work in a lower rated job, he will be paid his normal
classified rate except when transferred due to reduction of the work
force or inability to perform the work.


9.11 In the event an employee is displaced from his regular job as a result of
automation, he will be transferred in accordance with Article 16, 17 or
18.


9.12 In the event of a death of a member of an employee's family, the Company
will grant, upon request a leave of absence for a reasonable time for the
purpose of making funeral arrangements or attending the funeral and will
pay for such lost time as follows:


(a) Spouse, common-law spouse, child or step-child, up to a maximum of
four (4) days. Father, mother, parent-in-law, brother, sister,
grandchild or grandparent, up to a maximum of three (3) days. Should
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