AGREEMENT COLLECTIVE. NATIONAL AUTOMOB~lE, AEROSPACE, ABLE ATLANT~C TAXI (1992) ltdg BETWEEN AND

Transcription

1 COLLECTIVE AGREEMENT BETWEEN NATIONAL AUTOMOB~lE, AEROSPACE, TRANSPORTAl'~ON AND GENERAl WORKERS UN~ON OF CANADA (CAW=CANADA} AND ~TS local414 AND ABLE ATLANT~C TAXI (1992) ltdg EFFECTIVE DATE: OCTOBER 25, 2012 EXPIRY DATE: OCTOBER 25, 2013

2 TABlE OF CONTENTS ARTICLE PAGE 1. Purpose Recognition Union Security Union Representation No Discrimination Management Rights Grievance Procedure Arbitration General Seniority Job Posting General Working Conditions Hours of Work and Overtime Vacation Paid Holidays Leave of Absence Wages (Schedule "A") No Strikes, No Lockouts Notices Copies of the Agreement Welfare Benefits Duration Schedule "A" Schedule "B" Letter of Understanding- Education Fund Letter of Understanding -Training... 24

3 COllECTIVE AGREEMENT BETWEEN: ABlE ATlANT~C TAX~ (1989) ltd. (hereinafter referred to as the Company) AND NtrnONAl AlUJTOMOIBHlE, AEROSPACE, TRANSPOIRTAT~ON AND GENERAl WORKERS lujn~on OfF CANADA (CAW~CANAD) AND ~TS local4~4 (hereinafter referred to as the Union)

4 ARTICLE 1 ~ PURPOSE 1.01 This Agreement is entered into by the parties in order to provide for orderly collective bargaining relations between the Company and those employees who come within the bargaining unit It is the desire of all parties to the Agreement to co-operate in maintaining a harmonious relationship between the Company and its employees, and to provide an amicable method of settling differences having to do with the interpretation or violation of this Agreement. ARTIClE 2 ~ RECOGNITION 2.01 The Company recognizes the Union as the exclusive representative and sole bargaining agent for all bargaining unit employees of Able Atlantic Taxi (1992) Ltd. in Metropolitan Toronto save and except supervisors, persons above the rank of supervisor, office and clerical staff, taxi drivers, service centre and gas bar attendants Supervisors, Company officials and non Bargaining unit employees may, from time to time, perform work normally performed by a Bargaining Unit employee under following conditions. (1) in case of emergency or instruction. (2) To relieve the staff for breaks. (3) When a scheduled employee is off work due to sickness, or on a emergency leave of absence for the period of no more than one (1) day at any given time A full-time employee covered by this Agreement shall be an employee who is normally scheduled to work more than Twenty-four (24) hours per week A part-time employee is one who is normally scheduled to work twenty-four (24) hours or less per week. The conditions of work of part-time employees shall be governed by Schedule "B" of this Agreement. Part-time employees will not be used to the extent that will result in a lay off of full-time employees For the purpose of this agreement the word "employee" means the employee or employees covered by this agreement It is agreed and understood that where the masculine gender is used in this Agreement shall include the feminine gender and where singular is used shall include the plural when applicable. 4

5 ARTICLE 3 D UNION SECURITY 3.01 The parties agree that all employees covered hereunder shall, as a condition of their employment, become and remain members of the local Union in good standing in accordance with the By-Laws and the Constitution of the Union. (a) (b) New employees shall make application for membership in the Union at the time of their hiring and shall become and remain members of the Union in good standing, as a condition of their employment. The employer agrees that it will inform all new employees prior to or at the time of hiring of the Union security provisions of this Agreement. The Company shall provide the Union with a list of all employees showing their names, addresses and phone numbers within sixty (60) days after signing this Agreement The Company shall deduct the Local Union Initiation Fees and the regular Union dues and special assessments in the amounts and manner specified by the Union's By-Laws and Constitutions from each pay cheque due to each employee covered by this Agreement and remit such monies so deducted to the Union presently located at 274 Alliance Road, Unit 1, Milton, Ontario, L9T 2V2, on or before the 25th day of the month following the month in which such deduction have been made. The Company will at the same time submit a list of the employees and their start date along with their addresses and the phone numbers from whose pay such deductions have been made. An updated list will be submitted to the Union on or before February 15, and August 15, of the same year through the life of this Agreement. The Union agrees to save the Company harmless from any claims arising from collection of Union dues It shall be the Company's responsibility to show on each employee's annual T-4 slip, the full amount of Union dues paid by such employee during the previous calendar year New employees shall be documented and Union membership application cards shall be forwarded to the Union office within two (2) weeks of hiring In event that Union dues are changed during the term of this agreement change must be given to the employer by notice properly authorized by Union officials and shall become effective within one (1) month following the date the notice is received The Union and/or bargaining unit employees covered by this agreement will not engage in Union activities during working hours or hold meetings at any time on the premises of the Company without the permission of the President or the Communication supervisor. 5

6 ARTIClE 4- UNION REPRESENTATION 4.01 In order to provide an orderly procedure for servicing of the grievances and disputes hereunder, the Union will appoint two (2) Stewards whose duty shall be to assist employees in presenting their grievances to the designated representatives of the Company, in accordance with the grievance procedure. The Union will notify the Company in writing of the names of the stewards as well as any changes in the personnel of the stewards, before the Company shall be required to recognize them The Union Bargaining Committee shall be comprised of two (2) bargaining unit employees and a full time staff representative of the Union. The Union Bargaining Committee shall upon one week's notice, in writing, be allowed one (1) day off work without pay in the month preceding the month in which the contract expires, and one (1) further day without pay following ratification of a Memorandum of the Agreement. Members of the Bargaining Committee shall be paid by the Company for all meetings in negotiations The Steward shall be allowed necessary time off work without loss of pay for the purpose of processing grievances during working hours in the office, provided that he obtain prior consent from the Management, which shall not be unreasonably withheld No individual member or group of members shall undertake to represent the Local Union at a meeting with the management without proper authorization by the Local Union The Company agrees that the Union may display union shop cards and/or decals in view of the public in a mutually agreed location in the office and employees may wear union pins while on duty The Members of the negotiating and grievance committee shall be the employees who have completed their probationary period Whenever practical, a steward or in his absence an alternate steward, shall be present at a disciplinary meeting in which a member of the bargaining unit is notified of a suspension or a discharge from employment Employees through their Unit Executive or their Staff Representative shall have access to any report, complaint or personnel records at reasonable times and shall upon request be supplied with copies of the documents. Provided the employee whose records are in question is present Accurate monthly record for the previous month of employees hired, laid-off, 6

7 employees on extended leave of absence and discharged shall be submitted to the Union. ARTICLE 5- NO DISCRIMINATION 5.01 The Company and the Union will not discriminate against any employee on the basis of religion, race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, age, record of offences, marital status, family status or handicap pursuant to the provisions of the Ontario Human Rights Code, or membership in the Union. ARTICLE 6 - MANAGEMENT RIGHTS 6.01 The Union acknowledge that it is the exclusive right of the company to direct its work force, including without limitation these specific rights: (a) (b) (c) Maintain order, discipline, hire, classify, transfer, promote, demote, layoff, recall after layoff, retire, assign duties, hours of operation, shift schedules and discharge for just cause The method of operation generally to manage the affairs of the company, including the nature of its business and the manner in which it's organized and conducted. Establish and enforce rules and regulations not inconsistent with provisions of this Agreement The Company reserves any and all of its rights which have not been modified, limited, restricted or released in the Agreement It understood and agreed that the Company's non exercise of any of its right or function shall not be deemed a waiver of its right not to exercise its rights or functions "Phe foregoing provisions shall in no way restrict recourse by the Union or by a bargaining unit employee to the grievance procedure as hereinafter provided When the Company plans to implement new methods or procedures, the Union will be notified. ARTICLE 7 - GRIEVANCE PROCEDURE 7.01 It is understood that an employee has no grievance until he has given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be 7

8 discussed with the supervisor within (7) days after the circumstance giving rise to the complaint have occurred or ought reasonably to have come to the attention of the employee. Failing settlement the complaint shall be taken up as a grievance in following steps. STEP ONE Within seven (7) days after the decision of the supervisor a grievance shall be submitted in writing to the supervisor. The supervisor shall reply with in five (5) days. STIEP TWO Failing settlement the grievance may be referred to the Company and/or any other person or persons designated by the company within five (5) days after the decision by the supervisor. The grievance shall be submitted in writing and a meeting arranged between the griever ahd the representative of the Company within ten (1 0) days or by a mutual agreement from the Union and the Company. A representative of the Union must be present at all step two meetings. Failing settlement the grievance may be dealt with hereinafter provided under arbitration in article A complaint or a grievance arising directly between the Company and the Union concerning the interpretation, application or alleged violation of the agreement shall originate at step two If a discharged employee believes that his discharge or suspension was without just cause, he may file a grievance which shall immediately taken up at step two of the grievance procedure, provided the grievance is filled within five (5) days from the date of discharge. The Company will give notice in writing of the reasons for discharge and the Company shall, within such time mail the copy of such notice to the Union office In event that two (2) or more bargaining unit employees have grievances relating to the interpretation, application, administration or alleged violation of the provisions of this agreement which are sufficiently common in nature that they may be conveniently dealt with together, such grievances shall constitute a group grievance and it shall be presented at step two. A grievance involving two (2) or more bargaining unit employees shall be presented by not more than two (2) of the bargaining unit employees in the group grievance Each step to be taken under the grievance procedure and any reference to arbitration shall be taken within time limits set forth in article 7 and 8 or the matter shall be deemed to have been abandoned. ARTIClE 8- ARBITRATION 8.01 After exhausting the grievance procedure either party may request The Minister of 8

9 Labour, within ten (1 0) days after the step two decision is rendered. The arbitrator shall be appointed by the Minister of Labour for Ontario under Section (49) at the request of either party. The arbitrator shall hear and determined the difference or allegation and shall issue a decision. The arbitrator's decision is final and binding upon the parties to the grievance and anyone affected by it The Company and the Union shall each be responsible for one- half of the expenses and fees payable to the arbitrator No matter may be submitted to arbitration which has not been properly carried through all required steps of the grievance procedure. Only grievances which arise through the interpretation or alleged violation of the provisions of this agreement shall form the subject of arbitration It understood that the arbitrator shall have no authority to render any decision which in any way modifies changes or amends any part of this Agreement Any grievance involving the interpretation, application, administration or alleged violation of the agreement, which have been disposed of under the provisions of Article 7 and 8, shall not be made subject of another grievance The time limits mentioned in article 7 and 8 may be extended by mutual agreement between parties. If either party fails to answer within the time limits the grieving party may move the grievance to next step until final settlement is reached The parties agree to discuss the advisability of selecting an arbitrator of their own choosing, in accordance with the provisions of the Collective Agreement, before seeking the appointment of an arbitrator by the Minister If the Arbitrator decides that a discharge was without just cause, the Arbitrator may re-instate the employee and may reimburse him for all time lost from the date of discharge up to the date of re-instatement, less any amounts earned by the employee in the in the interval or by any other arrangement which is just and equitable Not withstanding anything contained in this Collective Agreement either party may request the Minister of Labour for Ontario pursuant to Section 49 of the Labour Relations Act, to refer a grievance to a single arbitrator. ARTICLE GENERAL 8.51 The Company shall take disciplinary action against an employee within seven (7) working days of the date of the incident or within seven (7) working days of the date in which the management became aware of the incident or the discipline shall be 9

10 null and void A full time representative of the Union shall be entitled to the copies of the time cards, and similar work records which relates to that grievance when requested All written notices of discipline more than eighteen (18) months old shall not thereafter form part of an employee's record and shall not be admissible in evidence at arbitration When an employee who is covered by this agreement, is called into a meeting with the management, to investigate the employee's alleged misconduct or to impose discipline upon him, if requested by the employee a steward or in his absence another employee of his choice who is at work at the time shall be present at the meeting. It is further understood that all such meetings shall be held in an area separate from the rest of the bargaining unit staff The Company will not discipline or discharge any employee without just cause. ART~CLE 9 - SEN~ORITV 9.01 Bargaining unit seniority is the principle of granting preference to full-time employees for promotions, demotions, lay-offs and recalls after lay-off and shift schedules in accordance with length of accumulated service, but only when an employee has qualifications necessary to fill the normal requirements of the job Seniority shall be on a classification basis. Classifications will be as outlined in Schedule >A= attached hereto. The seniority of a bargaining unit employee means the length of his continuous service with the Company since the date of his last hiring by the Company except as expressly provided herein Seniority as referred to in the Agreement shall mean length of continuous service with the company, from the employee's last date of hire. Subsequent to the signing of this Agreement, and every six (6) months thereafter, a seniority list shall be posted by the Company in a prominent place. Employees will have two (2) weeks following such posting to clarify any disputes with respect to such seniority after which the list shall be accepted by the Union and all employees as correct. A copy of such lists shall be sent to the Union office It is understood that all employees of the company as of date of the execution of this Agreement shall receive full recognition for any services which may have been earned for all purposes under this Collective Agreement, as of his last date of hire An employee will be considered probationary for the first sixty (60) days worked with the Company and he will have no seniority rights during that time. His employment may be terminated at any time during such probationary period(s), at the discretion 10

11 of the Company any such termination shall not be subject to the grievance and arbitration procedure, set out in this Agreement. After completing probationary period employee will have his seniority date back to first day worked The Company agrees to the posting of (2) seniority lists (1) Full time, as described in article 2.03 (2) Part time as described in article Full-time employee who becomes a part time employee shall carry full seniority to the part time list An employee shall maintain and accumulate seniority under the following conditions (a) (b) (c) (d) (e) Where he is actively at work for the Company after he has completed his probationary period. During any period when he is prevented from performing his work for the Company for the reasons of illness or injury. During a pregnancy leave of absence granted in accordance with Employment Standards Act. During the first ninety (90) days of any leave of absence due to family illness. For the first one hundred twenty (120) days after the bargaining unit employee is transferred to a position outside the bargaining unit set out in Article The bargaining unit employee who has transferred to a position outside the said bargaining unit shall retain his accumulate seniority for the purpose of re-entry into permanent job vacancies in the said bargaining unit at a later date. Upon re-entry into the said bargaining unit, the bargaining unit employee shall continue to accumulate seniority Seniority shall be terminated if an employee: (a) (b) (c) (d) Voluntarily leaves the employment of the Company. Is discharged for just cause. Fails to return to work after a recall from lay-off within seven (7) days after the notice of recall have been sent by priority post. Has been laid off for more than twelve (12) months consecutively 11

12 (e) (f) (g) Fails to return to work immediately upon termination of authorized leave of absence or uses a leave of absence for a purpose other then those for which the leave was granted including working elsewhere without Companis written permission. Has been absent from work for two (2) scheduled shifts without proper notification or without having a reasonable explanation for absence. Is absent due to sickness or non compensable injury in excess of twelve(12) months unless the Company and the Union agree to extend the period It shall be the responsibility of an employee to notify the Company promptly any change of their address, the company will not be responsible for failure of a notice to reach such employee In case of a general lay-off of full time employees due to curtailment of staff, the employees affected shall be given notice pursuant to the Employment Standard Act. The Company further agrees that no full- time employee will be bumped by a part time employee during lay-off or recalls. ARTiClE ~ 0 -JOB POSTiNG Permanent vacancies for higher paid jobs shall be posted on the bulletin board by the Company for eight (8) days. All applications must be in writing and must be received by the Communications Manager In filling the vacancy the Company shall consider the following: (a) (b) The seniority of the employee and The reliability, skill, ability and work record of the employee. When in the judgment of the Company, these factors between two employees are equal the seniority shall govern. The Company shall notify the Union in writing the name of the employee selected and a copy of the posting shall be sent to the Union office The employee shall be given reasonable familiarization period not to exceed thirty (30) shifts if necessary on the new job for which they have applied and became successful applicants In the event that there is no successful applicant to a posted or a newly created position from within the full time employees, the Company than shall consider applicants from the part time employees. 12

13 ARTICLE 11 -GENERAl WORKING CONDITIONS BULLETIN BOARD The Company shall provide a bulletin board in a mutually satisfactory place for official Union notices, which notices will be subject to review by the president or the Communications Supervisor and which will not, in any event, be contrary to the good order and discipline of the work force TEMPORARY ASSIGNMENT- LOWER RATED CLASS Where an employee is assigned temporarily to perform work in a classification paying a lower rate than his own, he shall be paid his regular rate unless the temporary transfer is at his own request or as an alternative to his being laid-off TEMPORARY ASSIGNMENT- HIGHER RATED CLASS Where an employee is assigned to perform work temporarily in a higher rate classification than his own, he shall receive the rate of pay in said classification next higher to his regular rate for the time worked in the higher classification in the pay period, provided he worked more than four (4) hours at any one time in the higher classification LUNCH ROOM The Company will continue to provide a lunch room for the use of employees SAFETY (1) The Company shall make reasonable provisions for the safety and health of the employees during working hours. (2) The union will co-operate in the enforcement of safety rules and regulations. (3) A joint safety committee will be establish as required. (4) The Company will maintain clean washroom and lunch room facilities at all times, as well as providing clean working conditions and the availability of cleaning materials. Employees will be responsible for cleaning up their own dishes, and utensils used in the lunchroom, also cleaning of the area used A work Schedule for employees must be posted by Thursday at 5.00 pm for the following two (2) weeks of work. It understood and agreed that the work schedule may be revised upon the consent of the employee (s) involved. ARTICLE 12- HOURS OF WORK AND OVERTIME The following sections and paragraphs are intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or per 13

14 week, or days of work per week The regular paid working hours, five (5) days per week shall be as follows: (a) The regular work week for a full time employee shall consist of eight (8) hours shifts Monday to Friday, unless the Company and the employee agree to different scheduling. (b) (c) (d) A thirty (30) paid minutes lunch period will be allowed for eight (8) hours shift. Lunch periods shall be as close as possible to the middle of the shift. Breaks will be scheduled in accordance with the Employment Standards Act. Any employee who works more than twelve (12) hours, shall receive in addition to the above, one further fifteen (15) minute break Overtime, at the rate of one-and-one half (12) times the regular rate shall be paid authorized hours worked over forty two (42) hours in any one (1) week. It understood and agreed that forth is purpose, an employee who receives holiday pay will be credited with having worked his shift on a paid holiday There are to be no split shifts An employee shall not be required to suspend work during the regular hours to avoid overtime Premium rates shall be paid once only for hours worked and shall not be pyramided and will be paid under one provision only. ARTICLE 13- VACATION Vacations with pay shall be granted to employees on the following basis (x) weeks of paid vacation after (y) years of continuous service with the Company: (a) (b) (c) (d) Two weeks after one (1) year. Three weeks afterfive (5) years. Four weeks after ten (1 O) years. Five weeks after (15) years Vacation schedules shall be prepared commencing on April 1 of each year, in accordance with seniority and the Company's operating needs, and shall be completed by May 1 of each year Should a paid holiday fall during an employee's vacation period, he shall receive one (1) additional day's pay or one additional day off in recognition of the holiday. 14

15 13.04 An employee shall be entitled to carry over one week vacation entitlement to the next calendar year. ARTICLE 14- PAID HOLIDAYS Following holidays shall be granted with pay to all employees: New Year 1 s Day Victoria Day Thanksgiving Day Family Day Good Friday Civic Holiday Christmas Day Canada Day Labour Day Boxing Day An employee will be paid a regular day's pay for each of the above holidays, provided he has completed his probationary period, that he works his regular scheduled day of work both before and after the holiday, and that he works the holiday if scheduled to do so unless he has reasonable cause for this failure to work. ART~CliE 15- lieavie Of ABSIENCIE Leave of absence without pay to attend Union conventions and conferences may be granted by the Company to not more than two (2) bargaining unit employees at one time provided that not more than one bargaining unit employee will come from any one (1) shift, for a total period not exceeding twenty (20) working days in one (1) calendar year The unit Chairman shall upon request of the union office, given at least two (2) work days notice, in advance, be allowed to be off work for up to four (4) hours, once per month, without pay, to attend union business for which the Union requires his presence away from the Company premises Pregnancy and parental leave shall be governed by the provisions of Employment Standards Act and amendments thereto Leave of absence without pay may be granted at the discretion of the Company but will not be unreasonably denied to any employee for legitimate personal reasons Any and all leave of absence without pay will be subject to the following additional conditions (a) Requests must be made in writing to the Company at least one (1) month prior to requested date of commencement except in case of emergency, and requests must clearly set forth the reason for the leave and the requested 15

16 (' duration and: (b) (c) (d) The leave of absence can be accommodated by the Company without additional cost or undue inconvenience Any one who takes a voluntary leave of absence will not accumulate seniority for that period of time. During a non voluntary leave of absence seniority will continue to accumulate The Company agrees to grant employees three (3) days off with pay to attend funeral in case of father, mother, brother, sister, daughter, son, husband or wife, Mother-in-law, Father-in-law, aunt, uncle and up to one (1) day off in the case of grandparents and Grandchildren An employee who is called to Jury Duty or is subpoenaed by the crown to appear in court shall be paid his/her regular wages for all hours required to attend such court. ART~Cl!E 16- WAGIES See Schedule "A" ART~CliE 17- NO STR~IKIES NO lockouts In view of the orderly procedure herein set forth for settling differences and grievances, the union agrees that there shall be no strike, picketing, slowdown, restriction or stoppage of work, either complete or partial or threat thereof, during the life of the agreement and that no employee shall take part in or instigate or threaten any such strike, picketing, slowdown, restriction or stoppage of work. Any employee who contravenes this provision is subject to discipline. The Company agrees that there will be no lockout or threat thereof, during the life of this agreement Failure to cross a legal picket line shall not be considered grounds for discipline or violation of the Agreement. ARTICLE 18 - NOTICES Any notices that either party gives to the other shall be delivered personally or by Fax, addressed as follows: To the Company: Able Atlantic Taxi (1992) Ltd. 16

17 2933 Kennedy Rd. SCARBOROUGH, Ontario, M1V 1S9 Attention: The President To The Union: CAW Local414, 27 4 Alliance Road Unit 1 Milton, ON L9T 2V2 Attention Staff Representative Local 414 ARTiClE 19- COPIES OF THE AGREEMENT The Company and the Union agree to share equally the cost of a reasonable number of copies of this Agreement The Company will provide each employee a copy of this Agreement, provided the employee has completed his probationary period. A copy of Occupational Health and Safety Act will be provided in the lunch room. AIRT~ClE 20- WElfARE BENEf~TS full T~ME EMPlOYEES Five (5) sick days per year. (Oct. 25, 2009 to Oct. 24, 201 0) 2nd Year (Oct. 25, 2010 to Oct. 24, 2011) 3rd Year (Oct. 25, 2011 to Oct. 24, 2012) (a) Employees shall be entitled to receive payment for unused sick leave and this payment shall be made on or before October 25th of each year. 17

18 ARTICLE 21 -DURATION This Agreement shall become effective at the date of ratification October 25th, 2012 and remain in effect until October 25th, 2013 and shall continue to be in force year to year thereafter, unless either party provides, before the period of ninety (90) days before the Agreement ceases to operate (including each year thereafter), written notice of its desire to renew, terminate or amend the Agreement. The above provisions are agreed to by the parties hereto, this 22nd day of March, _201[}1_;._. f'oir THE COMPANY 18

19 SCHEDULE HAil WAGES AND BENEFITS IFIUI!Ia Tnme Ordertakers Start After One Year After five Probation years Nov 1, 2009 $10.25 $11.00 $12.00 $12.50 Nov 1, 2010 $10.25 $11.25 $12.25 $12.75 Nov 1, 2011 $10.25 $11.50 $12.50 $13.00 Oct 25, 2012 $10.50 $11.75 $12.75 $13.25 fpa.rft-tnme Ordlerta.kers Stari After Prolbatooll1l Orne Year Nov 1, 2009 $10.25 $10.50 $11.15 Nov 1, 2010 $10.25 $10.50 $11.25 Nov 1, 2011 $10.25 $10.50 $11.45 Oct 25,2012 $10.35 $10.60 $11.55 BONUS Effective December 15, 2012, a bonus of $250 for full-time employees and $100 for parttime employees. 19

20 SCHEDULE ;B; PART-TIME EMPLOYEES DEFINITION 1.01 A part time employee is an employee is an employee who is normally employed for not more than twenty four (24) hours except when required to temporarily replace absent full time employees for not more than thirty (30) consecutive days and during peak business hours.,!probation 2.01 An employee will be considered probationary for the first three (3) months with the Company and he will have no seniority rights during that time. His employment may be terminated at any time during such probationary period(s), at the discretion of the Company any such termination shall not be subject to the grievance and arbitration procedure, set out in this Agreement. After completing probationary period employee will have his seniority date back to first day worked If hired for a full time position and failed to complete the probationary period as outlined in article 9.05 of the body of the full time agreement, the employee hall revert back to his former part-time employment and retain his original part-time bargaining unit starting date Following completion of the probationary period for the full time position employee will be credited with fifty (50) per cent of the part time seniority up maximum of two (2) years to the full time seniority and shall be equal to a full time employee based on seniority in all respects. SENiORITY 3.01 Bargaining unit seniority means the relative ranking of employees as determined by their respective length of accumulated seniority with the Company in the bargaining unit In all cases of vacancies for full time employment and temporary replacement of the absent full time employees, part time employees shall have preference in accordance with their seniority, provided they have the qualifications to perform the normal requirements of the job All part time employees shall have the preference of sixteen (16) hours per week any additional shifts shall be offered in accordance with the seniority provided the employee has the qualifications for the job. 20

21 ' \ HOURS OF WORK 4.01 A work schedule for full-time and part-time employees must be posted by Thursday at 5.00 pm for the following two (2) weeks of work. Hours shall be determined by the Company and may be varied. However such variations shall not affect the regular schedules of the employees. Should there be a change in the employee's regular schedule, the employee shall be notified two (2) working days prior to such change, if possible No part time employee shall be required to work split shifts unless it's mutually agreed between management and employee concerned If a part-time employee is ordered or scheduled to work and there is no work available, shall receive three (3) hours pay An employee required to work four (4) consecutive hours shall be entitled to one (1) fifteen (15) minutes rest period without loss of pay. VACAT~ON!PAY 5.01 Employees shall receive vacation pay in accordance with the Employment Standards Act A part-time employee how has completed 1 0 years service shall receive vacation pay calculated at six percent (6%) of his/her gross earnings from the previous year. PAIID HOUDAYS 6.01 The Company agrees to the following, Statutory Holidays with pay subject to the terms and conditions of the Employment Standards Act. New Year's Day Victoria Day Thanksgiving Day Good Friday Civic Holiday Christmas Day Canada Day Labour Day Boxing Day Family Day 6.02 Part time employees who are required to work on a paid holiday, shall receive one and one half (1 Y2) times their regular pay hourly rate on all hours worked on such holiday provided that the employee works his scheduled shift before and after the holiday. BEREAVEMENT A part-time employee who has completed his probationary period will be paid his 21

22 \ \ regular hourly rate of pay for all hours that were scheduled on the day of the funerai of a relative as set out in Article 15:06 of the body of this Agreement. OTHER PROVISIONS 7.01 The following articles form the main body of the Agreement also apply to Schedule "8" From and including articles 1.01 to , 9.07, 9.08, 9.09, 10.01, , , , 11.01, 11.02, 11.03, 11.04, 11.05, (c), (d), 15.01, 15.02, 15.03, 15.04, , 18.01, 18.02, 19.00, 20.01, , Schedule A A part-time employee who has completed five (5) years service shall be entitled to two (2) paid sick days per year. 22

23 LETTER OF UNDERSTANDiNG LOCAL 414 EDUCATION FUND The Company agrees to contribute a lump sum contribution of $ dollars to the Local 414 Education Fund. Contributions for the Education Fund shall be made every 3 months in the amount of fifty (50) dollars up to the total amount of $ dollars and such amounts shall be submitted to 274 Alliance Road, Unit 1, Milton, ON L9T 2V2. Please make your cheque payable to LOCAL 414 EDUCATION FUND. 23

24 letter OF UNDERSTANDING TRAINING The Company agrees to provide training to employees in the bargaining unit for work in a higher classification. Such work shall be voluntary and will not interfere with the normal operation of the business. ML:da:cope343 24