AIR LIQUIDE CANADA INC. TORONTO AND UNITED STEELWORKERS. on behalf of Local 9042 COLLECTIVE AGREEMENT

Transcription

1 1 AIR LIQUIDE CANADA INC. TORONTO AND UNITED STEELWORKERS on behalf of Local 9042 COLLECTIVE AGREEMENT

2 2 TORONTO INDEX PREAMBLE page 4 ART. I - RECOGNITION page 4 ART. II - MANAGEMENT FUNCTION page 5 ART. Ill- BARGAINING UNIT WORK... page 6 ART. IV- STRIKES AND LOCKOUTS page 6 ART. V- UNION REPRESENTATION... page 7 ART. VI- GRIEVANCE PROCEDURE... page 7 ART. VII- ARBITRATION... page 9 ART. VIII- DISCIPLINARY MEASURES page 10 ART. IX- SENIORITY page 11 ART. X- LEAVE OF ABSENCE... page 16 ART. XI- CLASSIFICATIONS AND HOURLY WAGE RATES... page 17 ART. XII- HOURS OF WORK AND OVERTIME... page 18 ART. XIII- PLANT HOLIDAYS... page 22 ART. XIV - VACATIONS page 24 ART. XV- PAY ON DAY OF INJURY... page 27 ART. XVI - SAFETY page 27 ART. XVII- REPORTING ALLOWANCE... page 29 ART. XVIII- CALL-IN PAYMENT... page 29 ART. XIX- BEREAVEMENT PAY... page 30

3 3 TORONTO INDEX ART. XX- JURY DUTY ART. XXI- WELFARE BENEFITS ART. XXII -UNION SECURITY... ART. XXIII- GENERAL... ART. XXIV - DURATION... SCHEDULE A- Classifications and Hourly Wage Rates... SCHEDULE B - Hours of Work... COST OF LIVING ALLOWANCE PENSION PLAN LETTER OF AGREEMENT- TEN HOURS SHIFTS LETTER OF AGREEMENT- TEN HOURS WEEKEND SHIFTS APPENDIX "A" -TORONTO - CLOTHING POLICY... LETTER OF AGREEMENT- RE: ADJUSTMENT PLAN LETTER OF AGREEMENT- RE: FORMER WESTON ROAD EMPLOYEES.. LETTER OF UNDERSTANDING - RE: USE OF AGENCY PERSONNEL.... page 30 page 31 page 32 page 33 page 34 page 35 page 36 page 37 page 39 page 41 page 43 page 46 page 47 page 49 page 50

4 4 THIS AGREEMENT entered into this 1st day of October BY AND BETWEEN: AIR LIQUIDE CANADA INC. (Herein called the "Company"), Of the First Part; AND: UNITED STEELWORKERS, Local9042 (Herein called the "Union"), Of the Second Part. PREAMBLE 1- the term 'employee' or 'employees', whenever used herein, shall mean employee or employees coming within the scope of the bargaining unit. 2- the term 'Company', whenever used herein, shall mean Air Liquide Canada Inc. as it affects the Brampton, Ontario branch and the Burlington, Ontario branch. 3- the term 'Union', whenever used herein, shall mean the United Steelworkers. 4- the term 'parties', whenever used herein, shall mean the Company and the Union. 5- the term 'collective agreement' is synonymous to the meanings of 'the contract', 'the agreement'. ARTICLE I - RECOGNITION 1.01 a) The Company recognizes the Union as the exclusive collective bargaining agency with respect to matters arising under this Agreement for all of the Company's employees at the City of Brampton, Ontario, save and except Foremen and Supervisors, persons above the rank of Foreman and Supervisors, Office and Sales staff. Should the Company move a portion of the operations covered under the collective agreement within a 40 km radius of the current location, the parties agree that the new location will be subject to the collective agreement but will be a separate bargaining unit and the recognition clause of the collective agreement of the new location shall reflect that it applies only to the employees performing work at the new location.

5 5 Should the Company decide to close and move the entire operations covered under the collective agreement within a 40 km radius of the current location, the parties agree that the new location will be subject to the collective agreement. b) The Company recognizes the Union as the exclusive collective bargaining agency with respect to matters arising under this Agreement for all of the Company's employees at the City of Burlington, Ontario, save and except Foremen and Supervisors, persons above the rank of Foreman and Supervisors, Office and Sales staff, and all employees in bargaining unit for which a trade union held rights as of July 31, The Company agrees that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by its representatives because of an employee's activity in the Union The Union agrees that there will be no Union activities on the premises of the Company except as specifically permitted by this Agreement or in writing by the Company The Company, the Union and all Employees as defined in the preamble agree that every person has a right to a harassment free workplace and equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, color, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of criminal offenses for which a pardon has been granted and has not been revoked, marital status, family status or handicap. ARTICLE II- MANAGEMENT FUNCTION 2.01 The Union recognizes that the management of the plant and direction of the working forces are fixed exclusively in the Company, and without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Company to: a) Maintain order and efficiency; b) Hire, discharge, direct, classify, transfer, lay-off, recall and suspend or otherwise discipline employees, provided that if an employee has been discharged or disciplined without just cause, a grievance may be filed and dealt with in accordance with the Grievance Procedure.

6 6 c) Determine the nature and kind of business conducted by the Company, the kinds and locations of equipment and materials to be used, the control of materials to be used, the control of materials and parts, the methods and techniques of work, the schedules of work, number of personnel to be employed, the extension, limitation, curtailment or cessation of operations, and to determine all other functions and prerogatives here before vested in and exercised by the Company which shall remain solely with the Company, except as specifically limited by the express provisions of this Agreement The Company agrees that these functions will be exercised in a manner not inconsistent with the provisions of this Agreement. ARTICLE Ill - BARGAINING UNIT WORK 3.01 a) Supervisory personnel shall not assume such duties as are normally performed by employees in the bargaining unit, except for purposes of instruction, experimenting, the installation and start-up of equipment, assisting an employee with work outside of the Company's premises, or in emergencies when qualified employees performing that work are not immediately available. If it is proven that a supervisor has done work in violation of the foregoing, the Company will pay into the USW Humanity Fund the equivalent of the wages for the time actually worked, but not less than the equivalent of two (2) hours at regular rate. b) The Company reiterates that it intends to use its own employees to perform bargaining unit work when qualified employees are available, where it is practicable, and when it is efficient. Contracting out to outside companies shall not cause the lay-off of employees. For the purpose of this Clause, a lay-off shall mean a person laid-off and on the recall list after complying with article ARTICLE IV - STRIKES AND LOCKOUTS 4.01 It is the intent and purpose of the parties hereto to set forth herein the Collective Agreement covering wages, hours of work and conditions of employment to be observed and to provide a procedure for the prompt and equitable adjustment of alleged grievances, to the end that there will be no interruption or impeding of work, work stoppage, strikes, or other interference with production during the life of this Agreement.

7 In view of the orderly procedure for settling grievances, during the term of this Agreement, the Company agrees that there will be no lockout of employees, and the Union agrees that there will be no strike, picketing, slowdown, sit-down or any other action which will interfere with work or production. If any such action takes place, the Union agrees to instruct the employees to carry out the provisions of this Agreement and to return to work and perform their regular duties. ARTICLE V- UNION REPRESENTATION 5.01 a) The Union may elect or otherwise select from amongst the employees who have been continuously employed by the Company for at least one ( 1 ) year, three (3) Committeemen at the Brampton site, one of whom will be the Unit Chairperson and one ( 1) committeeman from the Burlington site for the purpose of the handling and presenting grievances to the Company as set forth in this Agreement. b) The negotiating committee will be comprised of the committeemen mentioned in article 5.01 (a). c) The Company agrees to allow members of the negotiating committee the day off work without loss of pay for each day the committee is scheduled to meet with representatives of the Company for the purpose of negotiating a new Agreement, until the conciliation/mediation proceedings prescribed at law have been completed and a strike or lock-out is declared The Union shall keep the Company notified in writing of the names of the Committeemen and the effective date of their appointments It is agreed that the Committeemen shall continue to perform their regular work in order to maintain efficiency of production; however, in accordance with this understanding, should an employee desire to have the assistance of a Committeemen in presenting a grievance during work hours, both the employee and Committeemen will not leave their work without first obtaining the permission of their immediate supervisor. ARTICLE VI - GRIEVANCE PROCEDURE 6.01 No grievance shall be considered where the circumstances occurred or originated more than seven working days before the filing of the grievance with the Company. Grievances properly arising under this agreement will be dealt with in the following manner and sequence.

8 If an employee, who may request the assistance of his Committeeman, has a complaint, he shall discuss it with his immediate supervisor within seven (7) working days after the circumstances giving rise to the complaint having occurred. The immediate supervisor's decision will be given within five (5) working days, and failing settlement, it may be taken up, provided that action as required above has been taken within five (5) working days following receipt of his immediate supervisor's decision in the following manner and sequence. Step No.1 The employee, who may request the assistance of his Committeeman, may present his grievance to his immediate supervisor. The grievance shall be in writing, signed by the aggrieved employee and shall state the nature of the grievance and the remedy sought. His immediate supervisor will deliver a decision in writing within five (5) working days following the date on which the grievance is submitted to him. Failing settlement, then, Step No.2 a) Within five (5) working days after the decision is given under Step No. 1, the grievance committee will send the written grievance to the Company's Unit Manager or his representative and the nature of the grievance and the remedies sought will be set out in the grievance. The Unit Manager, or his representative, will convene a meeting with the grievance committee, which shall not be more than two (2) employees, within five (5) working days following receipt of the grievance, or at a date mutually agreed on, in writing, between the Company and the Union. b) An authorized international representative of the Union may be present if requested by either party. It is understood the Company's Unit Manager, or his representative, may have such counsel or assistance as he may desire. c) Should the parties be unable to reach agreement at such meeting, the Company's decision will be delivered in writing within five (5) working days after the date of the meeting or at a date mutually agreed on between the Company and the Union Failing settlement under the foregoing procedure of a grievance between the parties, arising from the interpretation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as set forth in Article VII, and if no written request for arbitration is received within ten (10) working days after the decision under Step no. 2 is given, it shall be deemed to have been settled All decisions reached under the Grievance Procedure between the representatives of the Company and the representatives of the Union shall be final and binding upon the Company, the Union and the employee or employees concerned.

9 Where no written decision has been given or where no meeting has been convened within the time limits specified above, the grievance may be submitted to the next step of the foregoing procedure, including arbitration a) A grievance arising directly between the Company and the Union involving the interpretation or alleged violation of this Agreement may be submitted, in writing, within seven (7) working days after the circumstances giving rise to the grievance having occurred, and dealt through the respective representatives of the parties. b) A Union grievance shall commence with Step No. 2 under the Grievance Procedure. In the case of the Company, the matter will be submitted to the Unit Chairperson and a meeting between the parties shall be convened within five (5) working days following receipt of such grievance or at a date mutually agreed on between the Company and the Union. c) Should the parties be unable to reach agreement at such meeting, the Union's decision will be delivered in writing within five (5) working days after the date of a meeting or a date mutually agreed on between the Company and the Union. Failing settlement under the foregoing procedure, the matter may be submitted to arbitration under Clause 6.03 of the Grievance Procedure. ARTICLE VII -ARBITRATION 7.01 a) Pursuant to article 6.03, the party requesting arbitration must, at the time the written request is made, identify two (2) arbitrators from the following list from which the other party will, within the following five (5) working days, select the one who will hear the grievance: Mr. Larry Steinberg Ms. Louisa Davie Mr. William Marcotte Ms. Laura Trachuck b) Should the selected arbitrator not be able to hold the hearing within ninety (90) days following his selection, the parties will repeat the above procedure with the remaining arbitrators on the list No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance a) The arbitrator shall not have jurisdiction to amend or to add to any of the provisions of this Agreement or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. b) No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure.

10 Each of the parties hereto will jointly bear the fees and the expenses of the appointed arbitrator The proceedings of the arbitrator will be expedited by the parties hereto, and the decision will be final and binding upon the parties At any stage of the Grievance Procedure, including arbitration, the parties may, by mutual agreement, have the assistance of the employee or employees concerned and of all necessary witnesses Either party may invoke Expedited Arbitration in accordance with the Ontario Labour Relations Act, as amended from time to time, at the time a grievance is submitted to arbitration under clause 6.03 of this Agreement. ARTICLE VIII- DISCIPLINARY MEASURES 8.01 A claim by an employee who has completed his probationary period that he has been suspended or discharged without just cause, shall be treated as a grievance if a written statement of such grievance is lodged with the Company under step No. 2 of the Grievance Procedure within four (4) working days after the employee is suspended or ceases to work for the Company. In the event of an employee, who has completed his probationary period, being discharged or suspended, he shall have the right to have a steward present or a Union representative if the steward is not available, during a meeting with a Company representative concerning this disciplinary measure. The steward, or the Union representative if the steward is not available, will be allowed to meet with the employee for a maximum of fifteen (15) minutes immediately before and after the meeting Such special grievance may be settled under the Grievance and Arbitration Procedures by: a) Confirming the Company's action in dismissing the employee; or b) Reinstating the employee with full compensation for time lost; or c) Any other arrangement which is reasonable in the opinion of the parties or the appointed arbitrator Any offense recorded in an employee's file shall remain for a period of twenty-four (24) months (thirty-six (36) months in the case of serious safety infractions) The Company will issue disciplinary measures within fourteen (14) days of being aware of the infraction unless circumstances beyond its control prohibit compliance with this clause (WSIB cases, police investigation, etc.). A copy of the disciplinary measure will be given to the Unit chairperson.

11 Employees shall have the right upon request to review the contents of their employee file containing the relevant disciplinary measures pertaining to their employment with the Company in the presence of an appropriate Company official and a Committeemen. Expired documents, if any, shall be destroyed immediately during the review. ARTICLE IX - SENIORITY The parties agree that there are separate seniority lists for the Brampton and Burlington plants. All clauses in Article IX will apply equally and separately to the Brampton and Burlington locations and their separate and independent seniority lists a) An employee will be considered on probation and will not be subject to the seniority provisions of this Agreement until he has completed seventy (70) worked days of employment with the Company in the six month period immediately following the commencement date of his employment. The company may request for justifiable reasons, an extension of twenty (20) worked days of the probationary period in order to evaluate a probationary employee. The Union shall not unreasonably deny such request. Upon completion of such probationary period, the employee's name will be placed on the seniority list with seniority dating from the date he was hired. It is understood that the release of a probationary employee shall not be the subject of a grievance. The Company will inform the Unit Chairperson of the release of a probationary employee. Where two or more employees commence employment on the same date, the affected employees will be placed on the seniority list in alphabetical order, with the employee ranked highest deemed to be the senior employee. Employees, hired after October 1, 1990, commencing employment on the same date will be placed on the seniority list according to the time of hiring, with the employee hired first deemed to be the senior employee. b) The Union agrees that the Company has the right to hire students, who are enrolled in educational program,_during the school vacation period May 1st to Labour Day annually. It is understood that the students so engaged shall be paid 75% of the applicable rate for newly hired employees. It is understood that such students will not acquire seniority rights nor be covered for the welfare benefits. Bargaining unit employees will be given preference for the filling of temporary higher rated job vacancies before any summer student are hired. c) The Company will advise the Union immediately when a summer student becomes a probationary employee and the seniority of such person will be acquired as of the date the probationary period starts. d) The Company agrees to post on the bulletin boards, by April 1st each year, a letter stating the summer jobs it expects to have open.

12 a) I) In the event of a lay-off, the employee or employees with the least bargaining unit seniority, who are in the classification(s) affected by the lay-off, will be the first to be displaced. A record of displacement and/or bumping will be documented and a copy furnished to the Local Union Unit Chairperson. Each such displaced employee may then exercise his seniority by displacing a less senior employee in any other classification, provided that he has the qualifications, skill, efficiency and physical fitness to perform the work available. Such employee will be given a reasonable period of orientation of up to four ( 4) days as determined by the Company. II) An employee with 5 years or more seniority who has exhausted all possibilities under paragraph 1) above, and who is about to be laid-off will be given an opportunity to train on a job that may require up to six (6) weeks training, provided he possesses the necessary licenses or other required certificates and has the seniority to displace an employee in that job. An employee with less than 5 years seniority who has exhausted all possibilities under paragraph I) above, and who is about to be laid-off will be given an opportunity to train on a job that may require up to four ( 4) weeks training provided he possesses the necessary licenses or other required certificates and has the seniority to displace an employee in that job. If the employee fails to qualify within the 4 or 6 weeks training, he is immediately laid-off. Unless an employee can show to the Company's satisfaction that his qualifications and abilities have substantially improved, he should not be given another training period on the same job should another lay-off occur. The training period is of up to 4 or 6 weeks, meaning an employee can be taken off during that period if there are indications he will not succeed at the end of the period. The following restrictions will apply: * Special gas operator: not more than one application of Article 9.02 a) to this position during any 6 month period; Shipper: not more than one (1) employee per shift provided that it does not affect more than 50% of the staff complement in the classification on the shift. b) I) In the event of a recall to work of those who have been laid off, the employee having the greatest bargaining unit seniority will be given preference by the Company to assume a position, provided the senior employee has the qualifications, physical fitness and he possesses the necessary licenses or other required certificates.

13 13 II) A recalled employee who had five (5) years or more seniority at the time of lay off will be given an opportunity to train on a job that may require up to six (6) weeks training. Ill) A recalled employee who had less than five (5) years seniority at the time of lay off will be given an opportunity to train on a job that may require up to four (4) weeks training The existing seniority list will be brought up to date by the end of January and the end of July each year and a copy will be given to the Unit Chairperson, and a copy posted on the bulletin boards. A copy of the seniority list including current addresses, phone numbers and job classes will be sent to the Union Staff Representative by January of each calendar year As a result of lack of work caused by circumstances beyond the direct control of the Company, the Company may lay off employees up to a total of twenty-four (24) working hours each, during each calendar year, without regard to other clauses and provisions in this Agreement A person shall lose all seniority if he: a) Voluntarily quits the Company; or b) Is discharged and the discharge is not reversed through the Grievance Procedure; or c) Following a layoff, fails to report within five (5) working days after being notified by the Company, by registered mail, at the last address recorded with the Company; or fails to advise the Company within two (2) calendar days, of his intention to report for work following receipt of such registered mail; or d) Is absent for three (3) consecutive working days without notification to the Company; or e) Is absent due to layoff for more than twenty-four (24) consecutive months, if he has accumulated less than five (5) years of seniority as of the date of the layoff; or f) Is absent due to layoff for more than thirty-six (36) consecutive months if he has accumulated five (5) years of seniority, or more, as of the date of the layoff; or g) Fails to return to work upon the termination of authorized leave of absence. This provision will not apply if the lateness has a cause deemed reasonable by the Company and the employee has notified his immediate supervisor of his anticipated lateness as soon as possible.

14 It shall be the duty of employees to notify the Company of any change in address. If an employee fails to do this, the Company will not be responsible for failure to reach such employee a) When making promotions and demotions for job vacancies, seniority shall prevail where the employee's qualifications, skills, efficiency and physical fitness are relatively equal. b) The Company shall post notice of all permanent job vacancies and all temporary jobs, expected by the Company to last more than thirty (30) calendar days, coming within the scope of this Agreement, on the Company bulletin boards for a period of five (5) days before it is filled. The Company may transfer employees, qualified to do the job, on temporary transfers expected to last up to thirty (30) calendar days. c) The Company shall distribute opportunities for temporary transfers within the same shift in the filling plant as evenly as possible among those employees qualified to do the job. d) Transfers from shift to shift in the filling plant will be limited as much as possible but where necessary will be done in the following manner: 1. Transfers will not start or finish mid-week; 2. Transfers to the day shift will be offered to all qualified plant employees, not already on day shift, on a rotating basis by seniority and will not be mandatory unless there are not enough volunteers; 3. Transfers to the afternoon or night shift will be shared equally by the bottom eight (8) active employees, on a rotating basis, by reverse order of seniority; 4. All transfers will be done with as much notice as possible, up to one (1) month; 5. An employee absent for any reason, during a period of time where he would have been issued or offered a transfer, will be issued or offered the next transfer after his return to work. e) A successful applicant for a job vacancy, unless required to give up the job by Company action, will not be permitted to apply on another job vacancy until after he has held the job he applied for initially for at least nine (9) months unless the move is to day shift. Each employee may waive the 9 months restriction once during the collective agreement. f) - Temporary jobs shall be posted as permanent vacancies after three (3) months unless they are to replace employees off because of WSIB, illness, maternity, paternity, authorized leave of absence or vacation in the same department.

15 15 The successful applicant for the temporary job will be returned to his former position when the temporary job is ended. The temporary job will be reviewed prior to reaching one (1) year. g) Employees, or a Committeeman on behalf of an employee who is temporarily away from work or who is on lay-off, may make written application for such job vacancy within such five (5) day period, it being understood that the Company shall not be confined to the applicants in filling the vacancies unless they are qualified in respect of skill and efficiency for the job concerned, in accordance with clause 9.07a). h) The Company will post the name of the successful applicant, if any, within ten (10) calendar days from the expiry of the five (5) day posting period. The successful applicant will be moved to the posted position within fifteen (15) working days of the posting of the successful applicant. i) The Union will be given copies of both notices referred to above. On request from the Union's President or his designated representative, the Company will give him the name of all applicants. j) When an employee is promoted to a higher paid job, he will receive the applicable higher rate of pay when he starts on the new job or after 30 calendar days following the awarding of such a job, whichever occurs first In the event of a layoff of more than seven (7) calendar days, the Company will give individual or general notice (as the case may require), in writing, not less than two (2) working days, or pay at the regular hourly rate in lieu thereof, in advance of the effective date of such layoff to such employee or employees, provided, however, that no such notice or such pay shall be required in the event of a layoff arising from circumstances beyond the control of the Company a) An employee temporarily transferred to another job classification for a period in excess of two (2) hours in a shift, will receive the regular hourly rate of the job to which he is transferred, or the regular hourly rate of the job he previously held, whichever is the higher. b) At the completion of a temporary transfer or temporary job, the employee will return to his original job classification. A temporary transfer or temporary job will cease when the employee starts his first shift on his regular job. c) If an employee receives a notice of lay-off and bumps into a temporary job, at the completion of said temporary job he will be allowed to exercise his bumping rights again. d) Training gained while on a temporary job or on a temporary transfer will not be an asset for job posted vacancies.

16 a) If an employee becomes handicapped due to an industrial accident or an industrial illness, or if continuing to work on his present job may aggravate his health condition as qualified by a medical opinion, the Company will make every reasonable attempt to offer this employee another bargaining unit job. In the event of a dispute, a second medical opinion rendered by a mutually agreed specialist shall be final & binding on all parties. b) An employee with more than three (3) year's Company service, affected as above, shall be entitled to exercise his Company seniority, in the manner outlined in Clause 9.02, in order to displace a junior service employee a) When an employee who retains recall rights in any of the Hamilton, London, Cornwall or Sudbury bargaining units is hired in the Brampton/Burlington bargaining unit, his service with the Company is deemed not to be interrupted for the purposes of determining his vacation entitlements, entitlement for plant holidays and entitlement to benefits outlined in Article XXI. An employee who was participating in the DB module of the pension plan Air Liquide Canada Inc. pension plan "H" and was hired from Hamilton or Sudbury will continue in the pension plan "H" with all credited years of service. An employee who was participating in the DB module of the pension plan Air Liquide Canada Inc. (ALC) will be eligible to start participating into the DB module of Air Liquide Canada Inc. pension plan "H" on the first day of hire. The reverse also applies for employees hired from Brampton/Burlington to Hamilton, Sudbury, London or Cornwall. b) For all other intents and purposes, including all seniority provisions, the employee will be considered as a newly hired employee. c) The employee retains his recall rights in the bargaining unit he has left, according to the seniority provisions of the collective agreement pertaining to that bargaining unit. ARTICLE X- LEAVE OF ABSENCE A request for a leave of absence for serious personal or compassionate reasons will not be unreasonably denied and will be considered without undue delay by the Company and once granted, will not be revoked. The question of the reasonableness of the request will be at the discretion of the Company, which will not be exercised in a discriminatory fashion. Such request shall be made in writing Leave of absence without pay to attend Union conventions will be granted by the Company to one (1) employee elected or appointed by the Union, provided that: a) at least seven (7) calendar days written notice in advance is given to the Company; b) such leave of absence will not exceed forty (40) working days in any year; and

17 17 c) if such leave of absence is to be taken during the months of July or August, it will be at the discretion of the Company, however such leave will not be unreasonably denied On written request by the Union, the Company will grant a leave of absence without pay up to twelve ( 12) months within a calendar year to one ( 1) employee selected by the Union to work on a full-time basis for the Union The Company agrees to continue to pay employees for leaves of absence granted by the Company in Article and above, and then to invoice the Union for same, including benefits. The Union agrees to reimburse the Company within thirty (30) days after receiving the invoice. ARTICLE XI- CLASSIFICATIONS AND HOURLY WAGE RATES The Company agrees to pay and the Union agrees to accept for the term of this Agreement, the classifications and hourly wage rates therefore as set forth in Schedule A attached hereto, and forming part of this Agreement Any change in an employee's hourly rate will commence from the beginning of the nearest pay period of the actual effective date a) Shift employees working regularly scheduled shifts will receive an off-shift premium of 85 per hour for the afternoon shift and 95 per hour for the night shift. Such off-shift premium will not be paid for any hour in which an employee receives an overtime rate except as provided in Article (b) and such off-shift premium will not form part of an employee's regular hourly rate. b) The Plant Maintenance Mechanic and the Customer Installation Technician will receive a monthly premium of $150 for each month he will be on call. Said employee will carry a communication device and must respond to all calls within an hour. Each Customer Installation Technician will be on call every other month a) In the event that a new job classification is introduced, the Company will establish the wage rate for such new classification and shall advise the Union. b) In the event that the work done in any job classification changes enough to warrant a change in the wage rate, the Company shall make such change and advise the Union. c) In either case, the parties will meet and discuss the wage rate for such new classification or such change in wage rate. If following such discussion there is disagreement between the parties, a trial period shall be instituted which shall not exceed fifteen (15) working days or such further time as may be agreed upon as necessary to give a fair trial to the change.

18 18 d) At the end of such trial period, if the wage rate for the new classification is unsatisfactory or such change in wage rate is unsatisfactory, a grievance may be lodged within seven (7) working days following the end of the trial period. e) The new or changed rate in effect during the trial period shall remain in force unless changed by mutual agreement of the parties or by decision of an Arbitrator. f) In establishing any new rate, the Arbitrator shall be guided by the existing rate structure, existing reference points, the relationship of the job under review to other job classifications and rates provided under this Agreement Effective on October 1, 2016 and continuing until September 30, 2017, the standard hourly rate for job class 1 shall be $ and the standard hourly rates for all job classes above job class 1 shall increase from job class to job class by increments of twenty four cents (24 ) establishing a Standard Hourly Wage Scale as follows: Job Class Standard Job Class Standard Hourly Rate Hourly Rate 1 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $30.79 Effective on October 1, 2017 and continuing until September 30, 2018, the standard hourly rate shall be increased by twenty-five cents (25 ). Effective on October 1, 2018 and continuing until September 30, 2019, the standard hourly rate shall be increased by twenty-five cents (25 ). ARTICLE XII - HOURS OF WORK AND OVERTIME a) The normal workweek will be composed of forty (40) hours, Monday to Friday (Tuesday to Saturday afternoon shift for Plant Maintenance Mechanic), and the normal shift will be eight (8) hours. It is understood, however, that the provisions of this Clause are intended only to provide a basis for calculating time worked and shall not be a guarantee as to hours of work per day nor as to days of work per week, nor as a guarantee of working schedules.

19 19 b) The Company and the Union may enter into agreement to give effect to shift schedules which alter or exceed the daily and/or weekly hours of work contained in this agreement if the majority of the employees involved are in favor. c) Shift scheduling of employees will not be done arbitrarily, but where necessary, will be made with one month's notice whenever possible a) Authorized work perform in excess of an employee's normal workweek or his normal shift will be paid at the rate of time and one half (11/2) of the employee's regular hourly rate. Overtime work performed on a Sunday will be paid at the rate of twice (2) the employee's regular hourly rate. b) When an employee works three (3) or more overtime hours into an off shift, he will receive the applicable shift premium for all hours worked during that shift. This premium also applies for any statutory holiday work. c) An employee requested to work a second shift or a part of a shift thereof within a twenty-four (24) hour period shall be paid at time and one half (1%) of the employee's regular rate for that second shift or part of that shift. d) Banking overtime An employee who has worked overtime can request the equivalent of time off for all or part of the overtime in lieu of the overtime payment, provided he notifies his supervisor in advance of his intention to bank overtime of up to a maximum of forty (40) hours per calendar year. The time taken in lieu of must be mutually agreed upon and the employee must give one ( 1 ) month advance notice of the date he intends to take the time off. The replacement will be at regular time and not at overtime. Time not taken in lieu of will be payable as of December 31st of each year. e) Overtime rates shall not apply for hours worked as a result of a shift change made for an employee's convenience There will be no duplication or pyramiding of premiums on overtime payments OVERTIME DISTRIBUTION PROCEDURE Weekdays STEPS: 1. Employees in the Department where overtime is required, who are on the job that shift, readily available, will be asked in order of the least amount of accumulated overtime hours first.

20 20 2. Employees that can perform that job, who are on that shift, readily available, will then be asked in order of the least amount of accumulated overtime hours first. 3. Employees who are not on the shift may be called at home and offered the overtime following steps 1 and 2 above, providing it is deemed to be appropriate to be calling that employee at that particular time of day. i.e. Employees should not be called during hours when it would be likely that they would be sleeping due to their particular shift schedule. 4. Drivers are required to complete a route assigned to them within the general time table and shall be required to work whatever overtime is necessary to complete the originally assigned route having due regard for hours of service regulations. For clarification purposes a route is a series of stops and/or tasks assigned to a driver once his/her truck is loaded and the time table is the time required to complete the route within a normal regularly scheduled shift and also considers pre and post trip inspections, travel to the first call and return from the last call, designated breaks and lunch as well as reasonable amount of time to complete each delivery subject to safety, weather and unexpected traffic conditions, access to the customer and any related regulations and legislation. Weekends and Holidays STEPS: 1. A "willing to work overtime" sheet will be posted in a mutually agreeable spot in the plant no later than 2:30p.m. on the Tuesday of each week. 2. Employees willing to work overtime on the weekend or Holiday must sign the "willing to work overtime" sheet no later than 12:00 p.m. on the Thursday of each week. 3. Employees will be selected in the Department where overtime is required who have signed the "willing to work overtime" sheet in order of the least amount of accumulated overtime hours first. 4. Employees that can perform that job who have signed the "willing to work overtime" sheet will then be selected in order of the least amount of accumulated overtime hours. 5. Employees who were on a Temporary Transfer during the week would be eligible for consideration of Step 1 above in both his regular Department and for the Department he was transferred into if they have signed the "willing to work overtime" sheet.

21 21 Particulars 1. Signing the "willing to work overtime" sheet does not guarantee that overtime will be required that week. 2. Overtime hours will be calculated on a per week basis and accumulated and recorded on the "willing to work overtime" sheet. Updated weekly copies will be posted and provided to the Union. 3. If it is necessary for the Company to request overtime, the Company shall make the overtime request at least 2 hours prior to the end of the shift during the week and by the end of an employee's fourth shift of the week (based on a 5-day work week) for weekend work. 4. If an employee is selected to work the weekend overtime, the Company will notify the employee by recording their name on the "willing to work overtime" sheet. 5. Employees who are not eligible for overtime due to injury, lay-off, or other circumstances shall be assigned the lowest number of hours on record for that Department, once they become eligible for overtime work. This shall also apply to an individual who posts into or is placed into a particular Department. 6. Banked overtime hours are to be included in the accumulated overtime totals. 7. Should the Company distribute overtime to employees in a manner not in compliance with this procedure, the employee(s) who are affected will be given the first future overtime shift that the employee(s) is willing to work. 8. Employees on vacation at the time of overtime opportunities would not be eligible for claims described above. 9. Employees selected to work overtime will be treated as a regular shift in regards to absenteeism a) When an employee is advised during his present eight (8) hour shift to work overtime following completion of such shift, he will receive a meal allowance of $12, provided such overtime exceeds three (3) hours. For each additional uninterrupted four (4) hour period, the Company will provide another $12 meal allowance. b) When an employee is advised during his present ten (10) hour shift to work overtime following completion of such shift, he will receive the meal allowance stipulated above, provided such overtime exceeds three (3) hours. For each additional uninterrupted four (4) hour period, the Company will provide another meal allowance.

22 22 c) In the event an employee has cause to operate in the USA on Company business, all allowable expenses incurred, excluding meal allowances and layovers, shall be reimbursed to the employee in US funds or the equivalent in Canadian funds at the prevailing rate of exchange in effect on the day the expenses were incurred. d) When called-in, meal allowances will be paid after 6 hours and every additional four ( 4) hours thereafter while the employee remains on overtime. e) Employees must fill expense reports each week to receive reimbursement for their meal allowances If a change of shift is agreed upon between employees within a specific department, and a request is made for such a change, it shall not be denied unless such a change would obviously hamper the safe and efficient operation of the department The Company may require employees to attend twenty (20) hours of training per calendar year, such training may or may not take place during regular working hours but it shall be paid at straight time hourly rate during their regular workweek and at applicable overtime rate outside of their regular workweek. Training above twenty (20) hours, outside of regular working hours, is voluntary and shall be paid at the applicable overtime rate. Whenever possible, the Company shall provide thirty (30) days notice of such training and will avoid conducting training sessions during the weekends of July and August. ARTICLE XIII - PLANT HOLIDAYS An employee who has completed his probationary period will receive the following plant holidays with pay: New Year's Day Family Day Good Friday Victoria Day Canada Day Civic Day Labour Day Thanksgiving Day Christmas Day Boxing Day One half-day the day before Christmas Day; and One half-day the day before New Year's Day. Two (2) floating holidays (as per conditions below). The floating holidays with pay are to be observed on a day of the employee's choosing within the contract year earned, provided: 1) Its date is made known to the immediate supervisor at least one week in advance. At the sole discretion of the Company an employee may be granted a floating holiday on shorter notice.

23 23 2) That it not hamper the Company's operations in any unreasonable fashion; otherwise, the holiday will be observed at another day of the employee's choosing, filling the above provisions. 3) By May 1st of each year, the Company will post the list of unscheduled floating holidays Plant holiday pay will be computed at the regular hourly rate on the basis of the number of hours an employee would otherwise have worked had there been no holiday In order to qualify for plant holiday pay, the employee must work his full scheduled shift of each of his working days immediately preceding and immediately following the plant holiday concerned unless the employee has a reason satisfactory to the Company For the application of the sections of this Article, the plant holidays as listed above will be observed on the day on which they occur, except that if such a holiday occurs on a Sunday, it will be observed on the following Monday, or if such holiday occurs on a Saturday, it will be observed on the preceding Friday. The parties reserve the right to substitute any other day in place of a statutory holiday, after mutual agreement, in consideration of local prevailing conditions and operations requirements An employee who is required to work his regularly scheduled shift will be paid at the rate of twice his regular hourly rate for the entire shift worked in addition to his holiday pay, provided such shift commences in the twenty-four (24) hour period beginning at 23:00 hours on the eve of a plant holiday, otherwise the entire shift will be paid at the regular hourly rate. In the case of overtime work performed on a statutory holiday preceding or following an employee's regularly scheduled shift, the statutory holiday is considered to be that twenty-four (24) hour calendar day, and such overtime hours worked thereon will be paid at twice the employee's regular hourly rate. At midnight on the statutory holiday, the overtime will be paid at the rate of one and one-half (1 ~) times the employee's regular hourly rate. All following consecutive hours worked, whether scheduled or not, will be paid at one and one-half (1~) times the employee's regular hourly rate. However, should the work for which the employee was originally retained become completed before or during his regularly scheduled shift, the employee will be paid at his regular hourly rate for the duration of hours worked on his regularly scheduled shift if he wishes to continue working for that time In the event that a plant holiday falls within an employee's vacation period, he will be granted an extra day's holiday with pay as determined under section above.

24 24 ARTICLE XIV- VACATIONS An employee in the active employment of the Company with less than one year continuous service as of May 31st will be entitled to one ( 1) day of vacation with pay for each calendar month worked up to May 31st, up to a maximum of ten (10) working days An employee in the active employment of the Company with one (1) year continuous service as of May 31st will be entitled to two (2) weeks vacation with pay An employee in the active employment of the Company with five (5) years continuous service as of May 31st will be entitled to three (3) weeks vacation with pay An employee in the active employment of the Company with ten (10) years continuous service as of May 31st, will be entitled to four (4) weeks vacation with pay An employee in the active employment of the Company with eighteen (18) years continuous service as of May 31st will be entitled to five (5) weeks vacation with pay An employee in the active employment of the Company with twenty-five (25) years continuous service as of May 31st will be entitled to six (6) weeks vacation with pay a) Other than employees who are referred to in Clause 14.01, an employee who is not in the active employment of the Company as of May 31st but who has been credited with less than a full year of work in the year ending with May 31st, will be entitled to a vacation period with pay, reduced in the proportion which his regular hours worked bears to a full year of work (2080 hours). As an exception to this Clause, however, i) an employee who has worked 1600 hours or more in the year ending May 31st, including overtime hours worked, will be credited with a full year of work during the year. ii) iii) hours not worked due to presence in negotiation meetings with the Company or due to the application of Clauses 10.02, 10.03, Articles 13, 14 and 19 and Clause will be credited to an employee to determine the number of hours worked in the year. hours not worked while an employee is in receipt of Worker's Compensation benefits up to one year, or until such benefits cease, whichever occurs first, will be credited to determine the number of hours worked in the year.'

25 25 The term "active employment" refers to a situation wherein an employee holds an active, working position with the Company and is normally working in that position for pay, except for the occasional absence as outlined in Clause 14.07a)ii) and iii) and for the period of time outlined in that Clause. b) Pay for each week of vacation, or portion thereof as determined in Clause a), will be computed by multiplying the employee's regular straight time hourly rate by the number of hours in the employee's normal workweek, or computed on the basis of 2% of the total pay of the employee in the period of June 1st to May 31st immediately preceding the year in which the vacation is taken, whichever is the greater Vacations shall not be accumulated or waived but must be taken within twelve (12) months of the date of entitlement In cases of disability where an employee has been prevented from working for extended periods, vacation may be waived at the employee's discretion based upon the following: a) For each four (4) consecutive weeks of disability, 40 hours of vacation. b) For extended absence due to disability of sixteen (16) weeks or more, an employee may waive all or a portion of his vacation. Vacation requiring re-scheduling of vacation dates will be in accordance with existing vacation practices An employee's vacation pay will be paid at the time that he takes his vacation, in accordance with the normal payroll Where an employee is temporarily transferred (without posting) and the employee in question has properly booked his vacation time, he shall not suffer loss of that allotted time due to a conflict with the vacation time already booked by an individual in the department or job to which he is being temporarily transferred. The Company shall cover the vacation time in question by use of a second temporary transfer compatible with the situation Prior to February 1st of each year: a list will be posted for each department, indicating the eligibility of each employee. One week can be used for single days (Mondays and Fridays), however, weeks will take precedence over single days Prior to February 14 1 h of each year, the Company shall post a notice to all employees that vacation requests are to be submitted by March 1st deadline on a Vacation Request Form. (Duplicate copies are to be provided to the Union by the Company).

26 26 By March ih of each year, based on the employees indicated preferences, the relative seniority of each employee and the operating requirements of the plant, the Company will post a tentative vacation schedule and return denied vacation requests to the employees for resubmission. *Note*: The schedule is considered tentative because during the resubmission process, less senior employees vacations can be displaced, requiring them to resubmit. Within 3 days of receiving a denied request, an employee may resubmit a new vacation request. Within 3 days of receiving the new vacation request, the Company will post an updated tentative schedule and return any denied vacation requests to the employees. This process will continue until all vacation requests have been processed and a complete vacation schedule has been posted by April 1st of each year. No new vacation requests will be accepted between March 1st and April of each year. After April 1st of each year, new vacation requests will be processed on a first come/first served basis. (Seniority will prevail for requests on the same day). After April 1 5 t of each year, vacation requests will be responded to within 5 days by the Company An employee who is on vacation at the time of the death of a family member, as listed under article 19.01, may ask for a leave of absence without pay. Such leave will not be unreasonably denied. The question of the reasonableness will be at the discretion of the Company. If granted, upon submission of proper proof of death when he is back to work, the employee will be allowed to reschedule his vacation at a future date taking into account the operating requirements of the Company Filling plant employees will be allowed to use up to one (1) week's vacation in single days on Mondays and Fridays taking into account the operating requirements of the Company The Company shall allow 20% of the workforce (per department, per location) off for vacation purposes. In all situations, the percentage will be round off to the nearest whole number of employees with a minimum of one ( 1 ) person. However, for the P & D drivers only one (1) person will be allowed off between September 1st and April 30th. The Company further agrees to allow a minimum of 25% of employees off for vacation during the Christmas period. The Christmas period shall be defined as the week beginning with the Sunday before Christmas Day and the week ending with the Saturday after New Year's Day.

27 27 For clarification purposes there are four departments: Plant (Filling Plant Operator, Specialty Gas Operator and Plant Shipper) Satellite (Burlington Facility) Transportation (P&D Driver, Logistics Shipper and P&D Driver/Logistics Shipper) Customer Installation ARTICLE XV- PAY ON DAY OF INJURY An employee injured at work will be paid on the basis of his regular hourly rate for the time lost in having such injury attended to, provided he returns to work on the same shift. If the injury is such that the employee cannot return to work on the same shift, he will be paid on the basis of his regular hourly rate for the remainder of such shift. ARTICLE XVI - SAFETY The Company will continue to make reasonable provisions for the safety and health of its employees during their working hours, subject to such improvements or changes deemed advisable by the Company from time to time Employees will observe all reasonable safety rules and regulations which may be prescribed by the Company and will wear all protective wearing apparel and devices supplied by the Company, and will work in a safe manner at all times The Company and the Union agree to appoint a Safety and Health Committee consisting of three (3) individuals appointed by the Company and three (3) employees appointed by the Union. However, committee members can jointly agree to add additional equal representation if required. The function of this Committee shall be to advise Management on the promotion of safety, health and hygiene in the plant This Committee shall hold a meeting not less than once every three (3) months, or more often if requested on the basis of a jointly prepared agenda submitted at least one week in advance of such meeting The Safety Committee shall be informed of lost time accidents and a member from both sides will carry out investigations on the nature and cause of these accidents. On the request of the Unit Chairperson, and/or Local 9042 Workers Compensation representative, the Company will provide copies of Workers Compensation Board accident reports a) Employees will not be permitted to work unless they are wearing CSA approved safety footwear where required.

28 28 b) Employees, other than tradesmen, must wear the Company approved safety boot with metatarsal guard. Tradesmen have the choice of wearing the Company approved type of boot with or without metatarsal guard. c) The Company will reimburse employees for actual receipted cost of safety boots to a maximum of $ When it has been shown that a pair of safety boots has been made unsafe or unwearable, they will be replaced by the Company, up to the same previous amount up to a maximum of two (2) pairs per year. The Company agrees to buy an additional pair of safety shoes for each employee for the purposes of transit in and out of the work area until the walking path in the plant is completed. d) New employees and temporary employees must also wear safety footwear when working, however, in order to qualify for the reimbursement, the employees must first complete their probationary period. e) Each Plant Maintenance Mechanic, Customer Installation Technician and employee filling liquid cylinders will be provided with a pair of rubber safety boots for use in the fulfilling of their functions. The rubber safety boots will be replaced as required a) The Company will pay for the full cost of workwear rental and cleaning for all employees. b) The Company will pay the full cost of those uniforms that are made mandatory as per Company policy. c) The Company will supply clothing as per Appendix "A". d) The Company will supply at no cost to the employees, rainwear for those employees who are exposed to the elements Prescription Safety Glasses The first pair of prescription safety glasses will be provided up to a maximum of $ to the employee, and replacement prescription safety lenses only, not more than once every two calendar years, will be provided up to a maximum of $100 to the employee. The Company will reimburse medically required additions but not cosmetic additions. The Company will replace broken safety glasses, or parts of safety glasses, provided they were broken on the job and the employee can demonstrate this was not the result of his carelessness or negligence Hearing Tests The Company will provide the employees with hearing tests at no cost to the employees, as follows: a) All new employees will be tested as a condition of employment.

29 29 b) All existing employees will be tested once every three (3) years or in accordance with the Ontario regulations, whichever is less Safety committee a) The role of the safety committee to be enhanced by: - increasing the number of representatives from labour and management to three (3) on each side. - quarterly meeting held on the set date with management, ensuring no postponement. - minutes of meeting being posted quickly (max. of 5 working days). monthly workplace inspections conducted by one representative of each side. b) Each employee of the filling plant to attend a relevant training session during the life of this Agreement. c) Local management to review particulars of the jobs with incumbents to ensure understanding and compliance with production instructions in the filling plant. Priority will be given to new employees. ARTICLE XVII - REPORTING ALLOWANCE If an employee reports for work at the commencement of his regular shift without notification not to do so, he shall be paid for the equivalent of four (4) hours work at his regular rate, provided, if requested by the Company, the employee shall perform such work to which he may be assigned, and further provided that this obligation on the part of the Company shall not apply if failure to supply work is due to conditions beyond the control of the Company or if the employee is returning to work following an absence without notifying the Company in advance If an employee is scheduled to work an overtime shift, or part of an overtime shift, and is advised of cancellation of such shift on that day without at least twelve (12) hours notice, he shall be paid the equivalent of four (4) hours at the regular straight time rate, provided that this obligation on the part of the Company shall not apply if failure to supply the work is due to conditions beyond the control of the Company. ARTICLE XVIII- CALL-IN-PAYMENT a) When an employee is called in to work at times other than his regular hours of work, a minimum of four ( 4) hours pay at his regular hourly rate shall be paid.

30 30 This provision shall not apply if an employee's work on an assigned call-in commences one (1) hour or less before the start of his regular scheduled shift. Instead, he will receive the applicable overtime rate for the time worked before the commencement of his regular shift. b) When an employee receives a call at home requesting work related information and the information provided prevents an actual call-in, he shall receive one (1) hour pay at his regular rate providing he received prior approval from a supervisor. ARTICLE XIX- BEREAVEMENT PAY a) An employee will be granted up to five (5) days leave of absence at his regular hourly rate to attend the funeral, memorial service or cremation of the employee's spouse, common-law partner or child and step-child. b) Three (3) days leave under the above conditions will be granted to attend the funeral, memorial service or cremation of the employee's mother, father, stepmother, step-father, sister, brother, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, grandmother or grandfather and grandchild. c) One (1) day leave under the above conditions will be granted to attend the funeral, memorial service or cremation of the employee's aunt or uncle. d) The employee shall not be entitled to receive any pay hereunder for any day upon which he would not otherwise have been scheduled to work for the Company. Payment will be based on the employee's regular hourly rate exclusive of premiums. e) Should a night shift worker, in line with Clause be attending a funeral of a relative on the day his night shift is scheduled to begin, the paid leave of absence referred to in Clause will be extended to include that night shift. ARTICLE XX - JURY DUTY An employee acting as a Crown witness or as a juror will receive the difference between pay for regular hours lost at the hourly rate applicable to the time lost, and the fee received, provided he furnishes the Company with a detailed certificate of service signed by the Clerk of the Court. An employee who is excused by the Court for the remainder of the day is expected to report to the plant to complete his shift. For the purposes of this clause the employee will be deemed to be on the day shift.

31 31 ARTICLE XXI -WELFARE BENEFITS a) The Company agrees to pay the full premiums for the life of this Agreement for the Ontario Health Insurance Plan with respect to participating employees who have completed their waiting period and while such employees remain in the active employ of the Company. The Union agrees that, for the duration of the Collective Agreement, the above paragraph is not applicable to the Ontario Health Premium (OHP). b) The Company agrees to pay, for the life of this Agreement, the full premiums towards the Prescription Drug Plan on the basis of a deductible of $5 per year for single coverage and family coverage, with respect to participating employees who have completed their waiting period and while such employees remain in the active employ of the Company. An employee who receives treatment at a hospital as an outpatient and is subsequently unable to return to work on that day due to the seriousness of the illness or injury, will be considered as being hospitalized for purposes of determining entitlement to Weekly Indemnity benefits. c) The Company will agree to pay 85% of the premiums and the employees will agree to pay 15% of such premiums through payroll deductions during the life of this Agreement towards the Dental Plan no deductible or co-insurance with periodontal and endodontal benefits added, and will be based on the current ODA schedule of fees, with respect to participating employees who have completed their waiting period and while such employees remain in the active employ of the Company. d) The Company agrees to pay, for the life of this Agreement, the full premium towards a Vision Care Plan for employees and their eligible dependents, which provides a benefit of $200 every 24 months, not subject to any deductible or shared risk factor. The Company agrees to pay the premiums towards a maximum of one (1) eye examination per person every twenty-four (24) months when performed by an optometrist. e) The term "waiting period", whenever used in article 21, shall mean the period from the date of employment up to and including the last day of the same month. Those who are employed on the first day of any month are deemed to have completed the waiting period by that date The Company agrees to continue, for employees in the active employ of the Company, the present Group Life Insurance, in an amount equal to the employees basic annual wage rate as per Schedule "A", with A.D. & D., at no cost to the employee in accordance with the terms of the insurance policy.

32 The Company agrees to pay the full cost of the Weekly Indemnity program providing payment of a benefit equal to 60% of an employee's base weekly earnings (minimum $500 per week) up to a maximum of fifty-two (52) weeks from the first (1st) day of hospitalization resulting from a non-occupational accident or sickness, or from the eight (8th) day of sickness, for employees who have completed the waiting period, and while such employees remain in the active employ of the Company Services of practitioners licensed as Chiropractors up to a maximum of $200 per person per benefit year are reimbursed Services of a licensed physiotherapist, who is not a close relative, up to a maximum of $100 per person per benefit year are reimbursed The Company will pay for the cost of the medical examination required for the renewal of a driver's "A" license for those employees who require an "A" license in the performance of their job provided the employee uses the Company doctor. The cost of a medical examination will also be paid to acquire the I.C.C. medical certificate if requested by the Company and provided the employee uses the Company doctor. ARTICLE XXII - UNION SECURITY The Company shall deduct Union dues including, where applicable, initiation fees and assessments, on a by-weekly basis, from the wages of each employee covered by this Agreement. The amount of dues shall be calculated in accordance with the Union's Constitution. Each employee in the bargaining unit shall be required as a condition of employment to have an amount equivalent to the regular weekly Union dues deducted from his pay by-weekly. All employees shall become and remain members of the Union as a condition of employment All dues, initiation fees and assessments shall be remitted to the Union forthwith and in any event no later than fifteen (15) days following the last day of the month in which the remittance was deducted. The remittance shall be sent to the International Secretary Treasurer of the United Steelworkers, AFL-CIO-CLC, P.O. Box 9083, Commerce Court Postal Station Toronto, Ontario, M5L 1 K1 in such form as shall be directed by the Union to the Company along with a completed Dues Remittance Form R115. A copy of the Dues Remittance Form R115 will also be sent to the Union office designated by the Area Coordinator The remittance and the R115 Form shall be accompanied by a statement containing the following information: (i) A list of the names of all employees from whom dues were deducted and the amount of dues deducted;

33 33 (ii) A list of the names of all employees from whom no deductions have been made and the reasons why; (iii) This information shall be sent to both the Union address identified in Article above, in such form as shall be directed by the Union to the Company The Union shall indemnify and save the Company harmless against all claims or other forms of liability that may arise out of any actions taken by the Company in compliance with this Article The Company, when preparing T-4 slips for the employees, will enter the amount of Union dues paid by the employee during the previous year. ARTICLE XXIII - GENERAL The Company will arrange for space on the current number of bulletin boards which may be used by the Union for posting notices which shall be subject to the approval of the Company before posting. There shall be no general distribution of notices of any kind or literature upon Company property other than as herein provided Should any part of the agreement or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any judgment of order of a court tribunal or Board of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof, and such remaining portions shall continue in full force and effect The Company will pay up to the equivalent of 60 hours pay for employees to attend recognized Union courses each contract year and the Union will allow the Company representatives to attend same The Company agrees to deduct from each pay the amount of $0.01 per hour from the wages of all employees in the bargaining unit for all hours worked and, prior to the 15th day of the month following, to pay the amount so deducted to the "Humanity Fund" and to forward such payment to United Steelworkers National Office, 234 Eglinton Avenue East, Toronto, Ontario M4P 1 K7, and to advise in writing both the Humanity Fund at the aforementioned address and the local union that such payment has been made, the amount of such payment and the names of all employees in the bargaining unit on whose behalf such payment has been made. The first "Humanity Fund" deduction as aforesaid shall be effective with the 1st pay period of It is understood and agreed that participation by any employee in the bargaining unit in the program of deductions set forth above may be discontinued by any employee in the bargaining unit after the receipt by the company and the local union of the

34 34 employee's written statement of his/her desire to discontinue such deductions from his/her pay The local union chairperson shall be informed in writing of any new hire, probationary employee, lay-off, job redundancy, job posting, successful applicant and temporary transfer. ARTICLE XXIV - DURATION This Agreement shall continue in effect until the last day of September 2019 and shall be renewed automatically for annual periods of one (1) year each, unless either party notifies the other in writing during the period of ninety (90) days prior to the expiration date, that it desires to amend or terminate the Agreement Negotiations will begin fifteen (15) days following notification for amendment as provided in the preceding paragraph or upon mutual agreement between the parties If, pursuant to such negotiations, an agreement is not reached on the renewal or amendment of this Agreement, nor a new agreement made prior to the current expiration date, this Agreement shall continue in full force and effect until a new agreement is signed between the parties or until the conciliation proceedings prescribed at law have been completed, whichever date should first occur. IN WITNESS WHEREOF each of the parties has caused t~s Agreement to be signed by their duly authorized officers or representatives as of the ;}.,., day of F2;bll.U/lltj UNITED STEELWORKERS LOCAL a~ Terry B a (USW Staff) ~' Jo~ ~

35 35 SCHEDULE A TORONTO CLASSIFICATIONS AND HOURLY WAGE RATES OF NON-TRADE OR CRAFT JOBS, EFFECTIVE AS OF OCTOBER 1sT, 2016 WILL BE AS FOLLOWS: JOB TITLE CWSJOB 1ST CWSJOB 2ND ' CWSJOB 3RD CWSJOB FINAL cws CLASS LEARNER CLASS LEARNER PERIOD PERIOD CLASS Plant Shipper 8 $ $ Filling Plant Operator 7 $ $ Specialty Gas Operator 8 $ $ P& D Driver 7 $ $ P & D Driver/Logistic Shipper 7 $ $ Logistic SbiQper 8 $ $ ~ u~rner. P-ERIOD CLASS JOB CLASS JOB CLASS $ $ $ $28.39 $ $ $ $28.15 $ $28.15 $ $ LEAD HAND CLASS $28.39 $29.11 $28.39 Note: Each Ieamer period for non-trade or craft jobs will be 520 hours worked. CLASSIFICATIONS AND HOURLY WAGE RATES OF TRADE OR CRAFT JOBS, EFFECTIVE AS OF OCTOBER 1sT, 2016 WILL BE AS FOLLOWS: JOB TITLE CWSJOB STARTING CWSJOB CLASS LEARNER CLASS PERIOD Plant Maintenance Mechanic 13 $ Customer Installation Technician 12 $ INTERMEDIATE l:epirner,,. PERIOD $29.59 $29.35 cws '. FINAL cws LEAD HAND JOB JOB JOB :. CLASS CLASS CLASS CLASS ' 17 $ $ $30.31 Notes: Each Ieamer period for trade or craft jobs will be 1040 hours worked. The Company agrees to provide the Union with an updated Schedule "A" after each COLA roll-in during the life of the agreement The parties agree that all current employees classified in P&D Driver/Shipper classification as per the seniority list dated December 13, 2016 shall remain in that classifications. Should any of these employees vacate their current position for any reason the Company shall have the right to fill the vacancy in the P&D Driver/Shipper classification. All other classifications in Logistics shall be considered separate classifications for the purposes of filling vacancies. Nothing in this note precludes the Company from exercising their exclusive right to temporarily transfer employees from one classification to another as per Article 9 - Seniority.

36 36 SCHEDULE 8 BRAMPTON and BURLINGTON HOURS OF WORK PLANT MAINTENANCE MECHANIC, CUSTOMER INSTALLATION TECHNICIAN Day Shift: Afternoon Shift: Lunch: Coffee Breaks: Wash-up Periods: 8:00 a.m. to 4:30 p.m. 2:00 p.m. to 10:30 p.m. One-half (1/2) hour without pay Two (2) often (10) minutes each Two (2) of five (5) minutes each Filling Plant Operator, Plant Shipper, Specialty Gas Operator Day Shift: Afternoon shift: Night shift: 6:00 a.m. to 2:30 p.m. 2:30 p.m. to 11 :00 p.m. 10:00 p.m. to 6:30 a.m. NOTE: Night Shift begins Sunday night. Lunch: Coffee Breaks: Wash-up Periods: One-half (1/2) hour without pay Two (2) often (10) minutes each Two (2) of five (5) minutes each P & D Driver, P & D Drivers/Logistic Shippers & Logistic Shippers Day Shift: Afternoon Shift: Lunch: Coffee Breaks: Wash-up Periods: 6:00 a.m. to 2:30 p.m. 6:30 a.m. to 3:00 p.m. 7:00a.m. to 3:30p.m. 7:30 a.m. to 4:00 p.m. 8:00 a.m. to 4:30 p.m. 8:30 a.m. to 5:00 p.m. 11 :00 a.m. to 7:30 p.m. 2:30 p.m. to 11 :00 p.m. 3:30 p.m. to 12:00 a.m. One-half (1/2) hour without pay Two (2) often (10) minutes each Two (2) of five (5) minutes each It is agreed that while the starting times listed above are usual, they may be varied to suit operating requirements in accordance with Clause or by mutual agreement.

37 37 COST OF LIVING ALLOWANCE PROGRAM ARTICLE 1 - DEFINITION BRAMPTON and BURLINGTON 1.1 Reference period: Shall mean one of the three periods as follows: - January, February, March and April - May, June, July and August - September, October, November and December 1.2 Consumer Price Index: Shall mean the National Consumer Price Index, based on the value 1971 = 100, All Items, published monthly by Statistics Canada. The operation of this Clause will not be altered by changes in the assumptions used to determine the Index. 1.3 Date of revision: Shall mean the first working day of the second month of each reference period, i.e. February, June or October are dates of revision. ARTICLE2 The Cost of Living Allowance will be established in October 2016 and revised afterwards on the date of revision. ARTICLE 3 The Cost Of Living Allowance payable for the months of October, November, December and January will be established as follows: 3.1 The Consumer Price Index for the months of January, February, March and April are added and the sum total is divided by 4 to give an average Consumer Price Index for the reference period. 3.2 The Consumer Price Index for the months of May, June, July and August are added and the sum total is divided by 4 to give an average CPI for the reference period. 3.3 The average obtained in Clause 3.1 is subtracted from the average obtained in Clause The resulting remainder obtained in Clause 3.3 is multiplied by $5 to obtain the Cost Of Living Allowance payable for each month of October, November, December and January.

38 38 ARTICLE4 Thereafter, the Cost Of Living Allowance will be revised at each date of revision by multiplying by $5 the difference in points between the average of the Consumer Price Index for the reference period which has just ended and the immediately preceding one, using the same procedure as described in Article 3; the result is added to the Cost Of Living Allowance of the preceding period of the same calendar year. ARTICLE 5 The Cost Of Living Allowance is on the 15th and last day of each month. ARTICLE The Cost Of Living Allowance is payable to all employees in the job classifications included in the bargaining unit, as described in Article 1.01 of the Collective Agreement. 6.2 Newly-hired employees will receive the full monthly Cost Of Living Allowance if they are entitled to a paycheck on the last regular pay date of the month. ARTICLE 7 ARTICLE The accumulated COLA will be folded-in to the wage rate schedule on September 30, 2017, September 30, 2018 and September 30, For the purpose of "folding-in" the COLA, the accumulated monthly COLA being paid in the month in which the "fold-in" occurs will be divided by 173.3, and the resulting amount, to the nearest cent, will be added to all the classifications in the wage rate schedule. On September 30, 2019, after the Cost Of Living Allowance has been "folded-in", the Cost Of Living Allowance Program will be abolished.

39 39 Pension benefits for members of the United Steelworkers Local 9042, Toronto, Ontario Effective January 1, 2007, employees who are members of the Pension plan "H" contribute 3.5% of their base earnings. Permanent employees automatically become members on the first of the month following three (3) months of employment. All new employees hired after January 1, 2007 will automatically participate in the pension account option. The Company contributions to the pension account option (DC) are 3.5% for employees up to age 39, 4% for employees age 40 to 44, 4.5% for employees 45 to 49 and 5% for employees age 50 and more. For contributory service on or after January 1, 1988, the annual amount of retirement income will be equal to the sum of a) plus b), multiplied by c) a) 1.15% of the lesser of the member's final average earnings (3 years) and his final average YMPE (3 years), b) 1.85% of the excess, if any, of the member's final average earnings (3 years) over his final average YMPE (3 years), c) his years of contributory service. For credited service from January 1, 1975 to December 31, 1987, the annual amount of retirement income will be equal to $ per year (i.e. $54.43 per month) of credited service as of September 30, For plan members who are active members in any year, such amount will be increased in each year of this contract by the same percentage as the percentage change in the average wage in the year for this bargaining unit. For contributory service prior to January 1, 1975, the annual amount of retirement income is equal to two thirds of the benefits available for service after January 1, 1988 i.e. the sum of a) plus b), multiplied by c) a) 0.77% of the lesser of the member's final average earnings (3 years) and his final average YMPE (3 years), b) 1.24% of the excess, if any, of the member's final average earnings (3 years) over his final average YMPE (3 years), c) his years of contributory service.

40 40 Ancillary benefits such as early retirement reduction factors, bridge benefits, death benefits, termination benefits and disability benefits will be based on the provisions of the Air Liquide Canada Inc., Pension Plan "A" for all years of contributory service and credited service between January 1, 1975 and December 31, 1987 with the exception that any matching employer contributions payable on death or termination will be based on years of contributory service. It is the responsibility of the company to maintain the plan in sound financial position in accordance with appropriate pension legislation. Financial statements and actuarial reports will be prepared separately for this group. The Pension Plan, amended as of January 1, 2007, for the employees of the Company who are members of the United Steelworkers, Local 9042, Toronto, Ontario shall remain in force and effect during the life of the present agreement. Should the Company make a Company-wide adjustment to existing pensioners, a similar adjustment will be made to pension of employees who have retired from this bargaining unit. A member of Plan "H" who retires early between the age of 55 and 64 will maintain coverage under the group life insurance plan, the dental plan, the prescription drug plan and the Ontario Health Insurance plan at no cost to the member up to age 65. When an employee reaches age 65, the amount of life insurance will be reduced to $8,000 for current retirees and $10,000 for future retirees. Effective January 1, 1996, increase bridge to $14 per month times years of permissible service to a maximum of 30 years. Retirees who attain the age of sixty-five (65) shall be offered the option of continuing in the Medical and Dental Plan. The retirees will pay 100% of the premium. This Letter of Agreement shall not replace or modify in any way the official pension plan text that shall remain the governing rule in all cases.

41 41 LETTER OF AGREEMENT RE: TEN HOURS SHIFTS This Agreement applies to employees working ten (10) hours shifts. The Company may terminate, with 30 days notice, the ten hours shifts if they are found to adversely affect production. The 10 hours shifts may also be terminated, with 30 days notice, at the end of any pay period if the majority of employees in the classification decide to do so. The transition in and out of the 10 hours shifts will be done at no additional cost to the Company. The Company will issue individual notices, at least 30 days in advance, of its intention to change the 10 hours shift schedule. For the life of this Agreement, the following amendments will be made to the Collective Agreement insofar as it is applied to employees covered by this Agreement: Article 11.03: Amend to read: Shift employees working regularly scheduled shifts will receive an off-shift premium of 87 per hour for the afternoon shift. Such off-shift premium will not be paid for any hour in which an employee receives an overtime rate except as provided in Article (b) and such off-shift premium will not form part of an employee's regular hourly rate. Article A): Amend to read: "The normal workweek for non-continuous operations will be composed of forty (40) hours, Monday to Friday, and the normal shift will be ten (10) hours, and the... " Where there is no work available for Drivers to complete a ten (10) hours shift the employee will be assigned in other areas if there is work available.

42 42 Article 13.02: Amend to read : Plant holiday pay will be computed at the regular hourly rate on the basis of ten ( 1 0) hours. Article 19.01: Amend to read : The paid leave of absence will be on the basis of ten (1 0) hours per day. Any articles that are not covered by this letter will be brought forward by either party to achieve mutual satisfaction.

43 43 LETTER OF AGREEMENT RE: TEN HOURS WEEKEND SHIFTS This Agreement applies to employees working ten (10) hours weekend shifts. If the Company decides to add an afternoon shift to the weekend shift, the filling plant will not be considered operating on a continuous shift. The Company will not force employees to accept transfers between week and weekend shift. The Company may terminate, with 30 days notice, the ten (10) hours weekend shifts if they are found to adversely affect production. The ten (10) hours weekend shifts may also be terminated, with 30 days notice, at the end of any pay period if the majority of employees in the classification decide to do so. The transition in and out of the ten (10) hours weekend shifts will be done at no additional cost to the Company. The Company will issue individual notices, at least 30 days in advance, of its intention to change the ten (10) hours weekend shift schedule. For the life of this Agreement, the following amendments will be made to the Collective Agreement insofar as it is applied to employees covered by this Agreement: Article 11.03a): Amend to read: Shift employees working regularly scheduled shifts will receive an off-shift premium of 87 per hour for the afternoon shift. Such off-shift premium will not be paid for any hour in which an employee receives an overtime rate except as provided in Article (b) and such off-shift premium will not form part of an employee's regular hourly rate.

44 44 Article 11.03c): New: Employees working on Sundays will be paid a Sunday premium of $2.00 per hour for all regularly scheduled hours worked on Sunday. Such Sunday premium will not be paid for any hour in which an employee receives an overtime rate and such Sunday premium will not form part of an employee's regular hourly rate. Article a): Amend to read: The normal workweek will be composed of forty (40) hours, Friday to Monday and the normal shift will be ten (10) hours. It is understood, however, that the provisions of this Clause are intended only to provide a basis for calculating time worked and shall not be a guarantee as to hours of work per day nor as to days of work per week, nor as a guarantee of working schedules. Article 12.02a): Add: Overtime work is defined as authorized work performed in excess of an employee's normal workweek or normal shift as set out in clause a) above and will be paid at the applicable overtime rate. Article 13.02: Amend to read: Plant holiday pay will be computed at the regular hourly rate on the basis of ten (10) hours.

45 45 Article 19.01: Amend to read: The paid leave of absence will be on the basis of ten (1 0) hours per day. Schedule B: Amend to read : Day shift: Lunch: Coffee Breaks: Wash-up periods: 6:00 am to 4:30 pm One-half (1/2) hour without pay Two (2) of ten (10) minutes each Two (2) of five (5) minutes each Any articles that are not covered by this letter will be brought forward by either party to achieve mutual satisfaction.

46 46 APPENDIX "A" BRAMPTON and BURLINGTON CLOTHING POLICY Customer lnst. Tech. 5 Shirts 5 Pants 3 Coveralls 2 Insulated coveralls 1 Jacket 1 Parka or Bomber Jacket 1 Vest Plant Maint. P& D Drivers 5 Shirts 3 Pants 2 Coveralls 1 Insulated Coveralls 1 Jacket or Vest 1 Parka or Bomber Jacket 5 Long sleeve shirts 4 Flat front pants 1 Parka 1 Raincoat Other Classifications 5 Shirts 3 Pants 1 Jacket or Vest 1 Parka or Bomber Jacket OR 3 Coveralls 1 Jacket or Vest 1 Parka or Bomber Jacket Above items to be supplied once a year, if required and agreed by plant manager or his replacement, except coveralls, raincoat, jacket, vest, parka and bomber jacket to be supplied once every two (2) years, if required and agreed by plant manager or his replacement.

47 47 LETTER OF AGREEMENT RE: ADJUSTMENT PLAN The Company and the Union, recognizing the concern of the employees as they might be affected by technological changes, or by a partial or complete plant closure, have agreed to the following adjustment plan: The Company agrees, when such changes are contemplated, to discuss such changes through the Union Management Committee and to give eight (8) weeks notice to the Union except if the partial or complete plant closure is caused by strike, lock-out, war, fire, flood, or other natural disasters, or Acts of God. The Company will make every reasonable effort, where practical, to relocate and/or retrain employees so affected. Technological change means the introduction by the Company into the production process of new equipment or machinery of a type which was not previously used by the Company and which results in layoffs of employees. If any employee is to have his employment terminated because of technological changes or because of a partial or complete plant closure, the Company shall pay severance pay to each employee whose employment has been terminated and who has been employed by the Company for two or more years. Such severance pay shall be in an amount equal to the employee's regular wages for a regular non-overtime work week multiplied by one and a half times the number of the employee's completed months of employment divided by 12, but shall not exceed thirty-nine weeks regular wages for a regular non-overtime work week. An employee entitled to severance pay may elect to be paid the severance pay forthwith or may elect to maintain the right to be recalled. Where the employee elects to be paid the severance pay forthwith, the employee shall be deemed to have abandoned the right to be recalled and will be terminating his employment relationship with the Company.

48 48 Severance pay shall not be payable to: a) an employee who refuses an offer by the Company of reasonable alternative employment with the Company; b) an employee who refuses to exercise his seniority rights to obtain reasonable alternative employment; c) an employee who has been guilty of willful misconduct or disobedience or willful neglect of duty that has not been condoned by the Company; d) an employee who, upon having his employment terminated, retires and receives an actuarially unreduced pension benefit. Any amount paid by virtue of this adjustment plan reduces any amount of severance pay or termination pay otherwise payable under existing or subsequently enacted legislation.

49 49 LETTER OF AGREEMENT RE: FORMER WESTON ROAD EMPLOYEES- COMMON SERVICE DATE Employees, listed below, formerly employed at the Company Weston Road facility and subsequently transferred to the Toronto Customer Center as a result of the closure of the Weston Road facility, will be considered as newly hired employees and will have a common service date of February 26, 1999 at the Toronto Customer Center. This common service date shall be used for all other intents and purposes, including all seniority provisions. However, in all cases of layoff and recall within this group of employees and for the purpose of determining their entitlement for vacation, plant holidays and benefits outlined in article 21, their former Weston Road hire date will be used. Their credited years of service in the pension plan shall be unaffected. Seniority list- Former Weston Road employees: Name Hire date Paul Sullivan 98/08/16 Service agency: In emergencies, where a P&D driver or a back-up P&D driver is not available to do the driver's route, the Company may use the services of an agency driver.

50 50 LETTER OF UNDERSTANDING RE: USE OF AGENCY PERSONNEL In order to meet operational requirements when an employee is absent for illness, vacation, workers compensation leaves, pregnancy and parental leave, personal leaves of absence including Union leaves or unforseen short term extenuating circumstances the Company may utilize agency personnel as follows: (a) (b) (c) (d) (e) (f) (g) An agency worker can only be used for the time required for the replacement of a bargaining unit employee or unforseen short term extenuating circumstance as stated above. If the Company hired that agency worker on a permanent basis this person will start his probation period as stated in Article 9.01 (a). Bargaining unit employees will be given the opportunity, based on skill and ability, to work overtime before a temporary agency worker is utilized for overtime. Should the Employer not get enough volunteers from the bargaining unit employees to work overtime, the Employer may schedule temporary agency workers to perform the overtime required. No temporary agency worker shall work if there is a bargaining unit employee on lay off, except if required during the five (5) day recall notice period. A list will be maintained for temporary agency workers and given to the Unit Chairperson upon request. This list will contain the name and start date of the agency employees. The Company will pay to the Union the equivalent of the Union dues based on the classification rate they are working in. Except for the provisions of this Letter of Understanding, the terms of the Collective Agreement do not apply to temporary agency workers who shall not be employees of the Employer in the bargaining unit.