AIR LIQUIDE CANADA INC. HAMILTON

Transcription

1 AIR LIQUIDE CANADA INC. HAMILTON AND UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION (UNITED STEELWORKERS) LOCAL COLLECTIVE AGREEMENT

2 HAMILTON INDEX PAGE PREAMBLE ART. I ART. II ART. Ill ART. IV ART. V ART. VI ART. VII ART. VIII ART. IX ART. X ART. XI ART. XII ART. XIII ART. XIV ART. XV ART. XVI ART. XVII ART. XVIII ART. XIX RECOGNITION... MANAGEMENT FUNCTION... BARGAINING UNIT WORK... STRIKES AND LOCKOUTS... UNION REPRESENTATION... GRIEVANCE PROCEDURE... ARBITRATION... DISCHARGE... SENIORITY... LEAVE OF ABSENCE... CLASSIFICATIONS AND HOURLY WAGE RATES... HOURS OF WORK AND OVERTIME... PLANT HOLIDAYS... VACATIONS... PAY ON DAY OF INJURY... SAFETY... REPORTING ALLOWANCE... CALL-IN PAYMENT... BEREAVEMENT PAY

3 HAMILTON INDEX PAGE 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 PROGRAM PENSION BENEFITS LETTER OF AGREEMENT- Twelve hour shifts LETTER OF AGREEMENT- Ten hour shifts (excluding Truck Drivers) LETTER OF AGREEMENT- Truck Drivers APPENDIX "A" CLOTHING POLICY FOR CUSTOMER INSTALLATIONS APPENDIX "B" CLOTHING POLICY FOR OXYTON PERSONNEL APPENDIX "C" CLOTHING POLICY FOR DISTRIBUTION LETTER OF UNDERSTANDING- "21st turn schedule" LETTER OF AGREEMENT- Re: Adjustment Plan LETTER OF UNDERSTANDING- Re: Article LETTER OF UNDERSTANDING- Re: Overtime distribution for Hamilton Oxyton.. 67 LETTER OF UNDERSTANDING- Re: Bulk distribution overtime policy LETTER OF UNDERSTANDING- Re: 1987 Overtime letter of distribution... 73

4 THIS AGREEMENT entered into this 5th day of October BY AND BETWEEN: AIR LIQUIDE CANADA INC. (Herein called the "Company"), Of First Part AND: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and SeiVice Workers International Union (United Steelworkers) Local (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 Hamilton and Burlington, Ontario branch. 3- The term "Union", whenever used herein, shall mean the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and SeiVice Workers International Union (United Steelworkers). 4- The term "parties", whenever used herein, shall rnean 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 the Agreement for all of the Company's employees at the City of Hamilton, Ontario, save and except Foremen and SupeiVisors, persons above the rank of Foreman and Supe!Visors, Office and Sales staff b) The Company agrees to recognize the Union as the exclusive collective bargaining agency with respect to matters arising under the Agreement for all the Customer Installation Technicians, the Customer Instrumentation Technicians and the I.N.S. Operators at Burlington, Ontario, save and except Foremen, Supe!Visors, persons above the rank of Foreman and Supe!Visors, Office & Sales Staff.

5 The Company and the Union agree that any employee may become a member of the Union if he wishes to do so, and may refrain from becoming a member of the Union if he so desires The Company and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or their representatives or members because of an employee's membership or non-membership in the Union, or because of his activity or lack of activity in the Union The Union further agrees that there will be no solicitation for membership, collection of dues, or other Union activities on the premises of the Company except as specifically permitted by this Agreement or in writing by the Company The Company and the Union agree that every person has a right to 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. 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.

6 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 no 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 economically efficient. Contracting out to outside companies shall not cause the lay-off of employees whose names appear on the seniority list as of the date of signing of the Collective Agreement. For the purpose of this clause, a layoff shall mean a person laid-off and out of the plant after complying with Article Failure to successfully train for a job in the plant or with an outside contractor working on the plant site will not be considered a lay-off. 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 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.

7 7 ARTICLE V- UNION REPRESENTATION 5.01 a) The Union may elect from amongst the employees who have been continuously employed by the Company for at least one (1) year, five (5) Stewards (including the Union President) for the purpose of assisting employees in presenting grievances to the Company as set forth in this Agreement. b) Stewards will represent the following areas: two (2) from Production; one (1) from Distribution; one (1) from Maintenance Production. c) The negotiating committee will be comprised of (1) employee from each department as listed in 5.01 b) and the President of the Local Union The Union shall keep the Company notified in writing of the names of the Stewards and the effective date of their appointments a) It is agreed that the Stewards shall continue to perform their regular work in order to maintain efficiency of production; however, in accordance with this understanding, should they desire to assist an employee in presenting a grievance during work hours, they will not leave their work without first obtaining the permission of their immediate supervisor. b) It is understood that a Steward shall not enter another department without first obtaining the permission of the immediate supervisor of such department and notifying him as to the nature of the grievance and the personnel involved. Prior to returning to his work in his own department, a Steward will report to his immediate supervisor. ARTICLE VI -GRIEVANCE PROCEDURE 6.01 If an employee, who may request the assistance of his Steward, 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.

8 8 Step No.1 The employee, who may request the assistance of his Steward, may present his grievance to his immediate supenisor. 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 supenisor 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 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 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.

9 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 President of the Union 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 (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 6.02 of the Grievance Procedure. ARTICLE VII -ARBITRATION 7.01 a) Pursuant to Article 6.02, the party requesting arbitration must, at the time the written request is made, identify three (3) 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. K. Burkett Mr. P. Barton Prof. N.B. Rayner Mr. M. Teplitsky. 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 tenms and provisions of this Agreement.

10 10 b) No matter may be submitted to arbitration that has not been properly carried through all previous steps of the grievance procedure 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 section of the Ontario Labour Relations Act, at the time a grievance is submitted to arbitration under clause 6.02 of this Agreement ARTICLE VIII - DISCHARGE 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. The Union shall be notified, as soon as is practical, whenever an employee is suspended or discharged 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 that is reasonable in the opinion of the parties or the appointed arbitrator Any offense will be removed from an employee's record after twenty-four (24) months have elapsed.

11 11 ARTICLE IX - SENIORITY 9.01 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-five (75) working days of employment with the Company in the six month period immediately following the commencement date of his employment. Upon completion of such probationary period, the employee's name will be placed on the seniority list with seniority dating from the date seventy-five (75) working days prior to the date on which he completed the probationary period. It is understood that the release of a probationary employee shall not be the subject of a grievance. 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 engage students, during the vacation period April 1st to October 1st annually. It is understood that the students so engaged shall be paid 75% of the applicable rate of the job to which they are assigned. It is understood that such students will not acquire seniority rights and that 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 March 15th each year, a letter stating the summer jobs it expects to have open 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. 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.

12 12 II) An employee with ten (1 0) years or more seniority who has exhausted all possibilities under paragraph I) above, and who is about to be laidoff will be given an opportunity to train on a job that may require up to ten (10) 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 5 years or more 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 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, 6 or 10 weeks training, he is immediately laid-off or he displaces an employee on the plant site working for an outside contractor as per paragraph Ill below. 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 layoff occur. The training period is of up to 4, 6 or 10 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. III) The Company will establish a training program for employees that are to be laid-off. This program will allow the employee in question to displace an employee on the plant site working for an outside contractor. a) The program will be administered by a committee of three including one Company Representative, one Union Representative, and one Representative of the contractor affected. b) The employee should have some experience relative to the work to be done, but the work shall not be tradeswork or vessel and piping insulation.

13 13 c) The employee will be given a 2 week evaluation and training period. d) The employee under this program will remain on the Company's payroll and is subject to recall without refusal. e) The employee will earn the Utility Man's rate while under this program. f) Should such employee not be able to perform the work in such positions due to reasons of physical fitness or an inability to learn after the reasonable training period, such employee will be laid-off immediately and placed on the recall list. b) I) II) III) 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. 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. 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. c) When a job on the plant site with an outside contractor needs to be filled, laid-off employees will be recalled and the employee having the greatest seniority will be allowed to fill the job in accordance with the provisions of Article 9.02 a) Ill). 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 contractor's job if he already received training on the job prior to his lay-off and failed to qualify. An employee who refused to exercise his option to displace an employee working on the plant site for an outside contractor, as per Article 9.02 a) Ill), will not have to be recalled to a contractor's job under the above provisions The existing seniority list will be brought up to date every four (4) months and a copy will be given to the President of the Local Union, and a copy posted on the bulletin boards. A copy of the seniority list including current addresses, phone numbers and job classes will be given to the President of the Local Union and sent to the Union Staff Representative every four (4) months.

14 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 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.

15 15 b) It is agreed that an employee may be changed to a more desirable vacant permanent position in accordance with clause 9.07 a) of the Collective Agreement, subject to the following conditions: 1) The application of this provision is limited to employees having a minimum of 4 year's service with the Company. 2) In the case where an employee would otherwise be accepted for a more desirable position, the Company, taking into account the special training, safety and replacement requirements occasioned by such a change, may delay the change, for a reasonable period of time, until such requirements can be fulfilled. 3) Changes to desirable positions will be limited to four in the career of an employee. 4) Desirable positions are any position where the classification is equal to or lower than the employee's current classification. 5) Moves to more desirable positions will be limited to a total of six (6) during the life of the Agreement 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 assigned to another job classification to replace an employee who is absent 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 assigned, or the regular hourly rate of the job he previously held, whichever is the higher. b) In a case where a temporary assignment caused by the absence of an employee exceeds fifteen (15) calendar days, the Company and the Union will, at the request of one of the parties, discuss the means of filling such temporary assignment until its completion. Agreement with the Company's position shall not be unreasonably denied. c) An employee assigned to a temporary transfer, after its completion, will not be transferred again until all other qualified employees within the same classification have been transferred.

16 16 d) If an employee receives a notice of layoff and bumps into a temporary job, at the completion of said temporary job he will be allowed to exercise his bumping rights again. e) At the completion of a temporary job or an assignment, the employee will return to his original job classification. A temporary job or assignment will cease when the employee starts his first shift on his regular job. f) Training gained while on temporary assignment will not be an asset for job posted vacancies a) The Company shall post notice of all permanent job vacancies and all temporary jobs expected by the Company to last more than fifteen (15) 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. b) Employees, or a Steward on behalf of an employee who is temporarily away from work or who is on layoff, 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 9.07 a). c) The Company will post the name of the successful applicant, if any, within ten (10) calendar days from the expiry of the five (5) days posting period. d) 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. e) 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. The Company, taking into account the training required, the safety and the replacement requirements occasioned by such promotion, may delay the start on the new job for a reasonable period of time until such requirements can be filled 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 and binding on all parties.

17 17 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 the Toronto bargaining unit is hired in this bargaining unit, his service with the Company is deemed not to be interrupted for the purposes of determining his vacation entitlement, entitlement for plant holidays and entitlement to benefits outlined in Article XXI, and his credited years of service for pension purposes are unaffected by the change in location. 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 the Union reimburses the Company for the Group Insurance employee and employer premiums and: a) at least seven (7) calendar days written notice in advance is given to the Company; b) such leave of absence will not exceed sixty (60) working days in any contract year; and 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.

18 Any leave of absence without pay of more than thirty (30) calendar days, granted by the Company, will be without Group Insurance coverage (no disability) and Pension plan credit accumulation unless the employee or the Union agrees to pay for the employee and employer Pension plan contributions and Group insurance premiums for the duration of the leave. 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. Shift employees working regularly scheduled shifts will receive an off-shift premium of 85 per hour for the afternoon shift and 95 cents per hour for the night shift. Such off-shift premiums will not be paid for any hour in which an employee receives an overtime rate except as provided in Article d) and such off-shift premiums will not form part of an employee's regular hourly rate. Employees working on continuous operations will be paid a Sunday premium of $2.05 ($2.1 0 effective October 1, 201 0) per hour for regularly scheduled hours worked. 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 a) In the event that a new job classification is introduced, the Company, in consultation with the Union, 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, in consultation with the Union, 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. 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.

19 19 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. g) No employee shall suffer any loss in wages as a result of the application of article h) The Union and the Company agree that the provisions concerning the CWS will remain inactive for the duration of the collective agreement. Such provisions shall be reinstated on thirty days notice by either the Company or a majority of the employees. It is agreed that this last sentence will be without effect after September 30, i) The job classifications and rates of pay shall continue to apply with the applicable negotiated rate increases. j) The Company shall continue to provide job descriptions to the union This article will remain inactive for the duration of the collective agreement as per article h). The Company and the Union agree to use the cooperative wage study (C.W.S.) to describe and classify all bargaining unit jobs, and to establish a wage structure. The C.W.S. manual dated October 23, 1987 is consequently incorporated into the collective agreement for that purpose. Reference in the Manual to such job as trade or craft, assigned maintenance, clerical or technical, group leader, testing or inspection, learner, apprentice, instructor, spell hand, shall not itself establish existence of such jobs in the operations of the Company or determine that such jobs are within or are not within the bargaining unit Each employee's job shall be described and classified and a rate of pay applied to such employee in accordance with the provisions of this Agreement. Effective October 1, 2008 and continuing until September 30, 2009, the standard hourly rate for job class 1 shall be $24.14 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-eight (28) cents establishing a Standard Hourly Wage Scale as follows: Job Class Standard Hourly Rate Job Class Standard Hourly Rate $24.14 $24.42 $ $27.78 $28.06 $28.34

20 20 4 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $31.14 Effective on October 1, 2009 and continuing until September 30, 2010, the standard hourly rate for Job Class 1 shall be increased by twenty-five (25) cents 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-nine (29) cents. Effective on October 1, 2010 and continuing for the duration of this Agreement, the standard hourly rate for Job Class 1 shall be increased by twenty-five (25) cents and the standard hourly rates for all job classes above job class 1 shall increase from job class to job class by increments of thirty (30) cents Effective on the dates specified in Article 11.08, all employees shall have their rates of pay adjusted as follows: a) If the employee is not receiving an out-of-line differential prior to the dates specified in Article 11.08, the rate of pay of such employee shall be adjusted to conform to the standard hourly rate. b) If the employee is receiving an out-of-line differential prior to the dates specified in Article 11.08, the rate of pay of such employee shall be increased by the amount by which the rate for Job Class 1 has been increased, as provided in Article and the following shall govern: 1) If the employee's new rate resulting from such increase is greater than the standard hourly rate for the job, as provided in Article , the amount by which such employee's new rate is greater than the rate provided in Article shall become such employee's new out-ofline differential (which shall replace the former out-of-line differential) and shall apply in accordance with the provisions of this Agreement. 2) If the employee's new rate resulting from such increase is equal to or less than the standard hourly rate for the job, as provided in Article 11.08, the rate of pay of such employee shall be adjusted to conform to the standard hourly rate for the job, as provided in Article 11.08, and the former out-of-line differential shall be terminated.

21 The Company shall furnish to the Union a list agreed to by the Company and the Union of employees who are to be paid "out-of-line differentials". Such list shall contain the following information: a) Name of incumbent to whom such "out-of-line differential" is to be paid. b) Job title of job on which out-of-line differential is to be paid. c) Job classification of such job. d) Standard hourly rate of such job. e) Amount of out-of-line differential. f) Date of such out-of-line differential became effective Except as such out-of-line differential may be changed by the means hereinafter provided, any employee included in the list referred to in Article shall continue to be paid such out-of-line differential during such time as the employee continues to occupy the job for which the differential was established. If an employee with an out-of-line differential is transferred or assigned to a job having a higher standard hourly rate, then the differential shall be reduced by the amount of the increase in the standard hourly rate. If, as a result of layoff and the exercise of seniority rights, an employee with an out-of-line differential is moved to a job having a lower standard hourly rate, then the out-of-line differential shall be canceled. If such employee referred to in Article and shall be returned to the job for which the out-of-line differential was established, the out-of-line differential shall be reinstated except as it may have been reduced or eliminated by other means. When an employee would, in accordance with the terms of this Agreement, be entitled to receive his regular rate, he shall also receive any out-of-line differential to which he is entitled. In addition to the means herein provided, increases in the increment between job classes shall be used to reduce or eliminate out-of-line differentials. Except for the application of the out-of-line differentials as called for herein, the terms of this Agreement governing transfers shall apply. This article will remain inactive for the duration of the collective agreement as per article h). In addition to the provisions of the Manual for describing and classifying trade or craft and assigned maintenance jobs the following shall apply: a) The description and classification shall be carried out in accordance with the Manual.

22 22 b) The job classification of trade or craft jobs, having been classified as in Paragraph a), above, shall be increased by two job classes and the two job classes shall be incorporated into the total classification of the job. c) The job classification of assigned maintenance jobs, having been classified at job class eleven or higher as in Paragraph a), above, shall be increased by two job classes which shall be incorporated into the total classification of the job. d) Where a change in an existing job requires a new description and classification for a job on which this convention has already been applied, such job shall be reclassified in the same manner as that followed prior to the application of this convention and the provisions of Paragraph a), b) and c), above, shall apply Any mathematical or clerical errors made in the preparation, establishment or application of job descriptions, classifications or standard hourly rates shall be corrected to conform to the provisions of this Agreement. This article will remain inactive for the duration of the collective agreement as per article h). Except as otherwise provided, no basis shall exist for an employee covered by this Agreement to allege that a wage rate inequity exists. This article will remain inactive for the duration of the collective agreement as per article h). A joint C.W.S. committee is formed and composed of two (2) representatives selected by the Union and two (2) representatives selected by the Company. ARTICLE XII - HOURS OF WORK AND OVERTIME a) The normal workweek for non-continuous operations will be composed of forty (40) hours, Monday to Friday, and the normal shift will be eight (8) hours, and the normal workweek for continuous operations will be forty (40) hours between Sunday and Saturday, 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 days nor as to days of work per week, nor as a guarantee of working schedules. 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.

23 23 d) Production Maintenance Department The Company agrees that in the event it deems it necessary to require shift arrangements other than those already in existence in the Production Maintenance Department, the Company will discuss such changes with the Union as soon as possible a) In the case of non-continuous operations, overtime work is defined as authorized work performed in excess of an employee's normal workweek, or his normal shift as set out in Clause above, and will be paid at the rate of time and one-half of the employee's regular hourly rate. b) In the case of continuous operations, authorized overtime work will be paid on the same basis as in effect upon the commencement date of this Agreement except that one and one-half of the employee's regular hourly rate shall be paid for authorized work performed on the employee's scheduled day of rest. Overtime rates shall not apply for hours worked as a result of a change made for employee convenience. In the case of noncontinuous operations, overtime work performed on a Sunday will be performed at the rate of twice the employee's regular hourly rate. c) In the case of continuous operations, overtime work performed on the day deemed to be equivalent to Sunday will be paid at the rate of twice the employee's regular hourly rate. The overtime premium payment provisions of Clause will apply in cases of overtime work performed following a Sunday in the case of non-continuous operations, or following the day deemed to be equivalent to Sunday in the case of continuous operations. d) 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. e) 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 (1-1/2) of the employee's regular rate for that second shift or part of that shift. f) Banking overtime An employee who has worked overtime can request the equivalent of time off 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 taken in increments of at least his normal workday and the replacement would be at regular time and not on overtime. Time not taken in lieu will be payable as of December 31st of each year.

24 24 g) 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, except that shift premiums will be pyramided over Sunday premiums when these two premiums are jointly payable a) As far as possible, the Company will endeavor to distribute opportunities for overtime work among those employees normally performing the work, as equitably as practicable, consistent with efficiency of operations. b) The Company agrees to adopt a uniform system of recording overtime distribution. This system will be determined in discussions between management and employee representatives. c) The Company shall post shift schedules in the ASU and SMR four (4) weeks in advance of the shift 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 $11.00 ($12.00 effective October 1, 2010), provided such overtime exceeds two (2) hours. For each additional uninterrupted four (4) hour period, the Company will provide another $11.00 ($12.00 effective October 1, 2010) 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 two (2) hours. For each additional uninterrupted four (4) hour period, the Company will provide another meal allowance. c) When a truck driver lays over, he will be entitled to a sum of $34.00 ($35.00 effective October 1, 2009 and $36.00 effective October 1, 201 0) per night and this sum will be considered the equivalent of 3 meal allowances, including the breakfast the following morning. A meal allowance will be payable to a Truck Driver who is instructed to report to work four (4) hours or more before his regular shift. d) In the event an employee has cause to operate in the USA on Company business, all allowable expenses incurred, excluding meal allowances and lay-overs, 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. e) When called-in, meal allowances will be paid after 6 hours and every additional 4 hours thereafter while the employee remains on overtime.

25 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. ARTICLE XIII - PLANT HOLIDAYS An employee who has completed his probationary period will receive the following plant holidays with pay: New Year's 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. 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 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 pl!int 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.

26 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 (1-1/2) times the employee's regular hourly rate. All following consecutive hours worked whether scheduled or not, will be paid at one and onehalf (1-1/2) 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 this section above. 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.

27 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) 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; iii) 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. 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 a) ii) and iii) and for the period of time outlined in that Clause. b) Pay of 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.

28 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. The current year's entitled vacation time will have preference over the past year's vacation time that remains to be taken This confirms the understanding which exists concerning vacation postings. The procedure is: Prior to February 1st of each year: a list will be posted for each department, indicating the eligibility of each employee. The employees will then indicate their preferred times on the list. March 1st 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 determine a vacation schedule for each department. April 1st of each year: the Company will post the schedule. Vacations which have not been scheduled as above, due to an employee not having indicated a preference, will be assigned in order of request, taking into account the operating requirements of the Company. The Company reserves the right to assign any unscheduled vacation as of March 1st Employees working continuous shift operations shall be allowed to take their vacation one (1) employee per shift subject to operational requirements and in order of seniority.

29 29 SMR employees shall be allowed to take their vacation one (1) employee at a time subject to operational requirements and in order of seniority. The employee on vacation must return to work prior to the next employee leaving on vacation. 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 Joint Health and Safety Committee at each location (i.e. Distribution & Oxyton) consisting of not more than three (3) individuals appointed by the Company and not more than three (3) employees appointed by the Union. 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 Union President, and/or Local Workers Compensation representative, the Company will provide copies of WSIB reports. The Company will reimburse employees for actual receipted cost of safety shoes or boots to be worn at work, to a maximum of $ When it has been shown that a pair of safety shoes or boots have been made unsafe or unwearable, they will be replaced by the Company, up to the same previous amount.

30 a) Employees will not be permitted to work unless they are wearing CSA approved safety footwear where required. b) Employees have the choice of wearing either the Company approved type of boot, with or without metatarsal guard, or other conventional type of safety footwear. c) Employees selecting the Company approved type of boot, with or without metatarsal guard, will be reimbursed the local retail value of the boots, as evidenced by a receipt. d) Employees selecting any other conventional type of safety footwear will be reimbursed according to Article e) New employees and temporary employees must also wear safety footwear when working: however, in order to qualify for the reimbursement, the employee must first complete his probationary period. f) Each Instrument Maintenance, General Maintenance Oxyton, Panel Operator #2, Customer Installation Technician, Customer Instrumentation Technician, Driver, Truck Maintenance, SMR Operator and Utility Man 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 (except the cleaning of the driver's shirts and pants). b) The Company will pay for the full cost of those uniforms that are made mandatory as per Company policy. c) The Company will supply clothing as per Appendices A, 8, C. d) The Company will supply at no cost to the employees, rainwear for those employees who are exposed to the elements. e) The Company will supply, at no cost to the employees, appropriate apparel to all employees who come in contact with the public during the course of their duties (Storekeeper Oxyton and Truck Maintenance) Prescription Safety Glasses The first pair of prescription safety glasses will be provided at no cost to the employee, and replacement prescription safety lenses only will be provided as required at no cost to the employee. 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.

31 HearingTest 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; b) All existing employees, annually, will be tested in order to get their hearing records on file; c) All personnel transferring to the Oxyton will be subject to passing a hearing test. 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 tirne 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 When an employee is called into 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. a) 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.

32 Notwithstanding article 12.02, when an employee loses regular hours of work due to being called-in as per article 18.01, he will be given the opportunity to make-up these lost hours at straight time rate. It is understood that taking these hours will be subject to the availability of work and must be taken within two (2) weeks of the loss. 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 or cremation of the employee's spouse or child. b) Three (3) days leave under the above conditions will be granted to attend the funeral or cremation of the employee's mother, father, step-mother, step-father, sister, brother, son-in-law, daughter-in-law, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandmother or grandfather. c) One (1) day leave under the above conditions will be granted to attend the funeral or cremation of the employee's aunt, uncle or grandchild. 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, if it is possible to do so. 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

33 33 employees who have completed their waiting period and while such employees remain in the active employ of the Company. b) The Company agrees to pay, for the life of this Agreement, the full premiums towards the Prescription Drug Plan (identical in coverage to the pre-existing Blue Cross Plan), on the basis of a deductible of $5.00 per year for single coverage or 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 agrees to pay the full premiums during the life of this Agreement towards the Dental Plan (identical coverage to the Blue Cross Dental Plan No. 7: 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 premiums towards a Vision Care Plan for employees and their eligible dependents, which provides a benefit of $ (effective November 1, 2008, $200 for eligible dependents) 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 employee every twenty-four (24) months when performed by an optometrist (and effective November 1, 2008, one (1) eye exam per eligible dependent every thirty-six (36) months). 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 the amount of $48,000 ($50,000 effective November 1, 2008, $52,000 effective October 1, 2009 and $54,000 effective October 1, 2010) with A.D. & D. at no cost to the employee in accordance with the terms of the insurance policy. 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 $ per week) up to a maximum of fifty-two (52) weeks

34 34 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 $ ($300 effective November 1, 2008) per person per benefit year are reimbursed. Services of a licensed physiotherapist, who is not a close relative, up to a maximum of $ 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 As a condition of employment, all employees covered by this Agreement authorize the Company to deduct from each pay the amount authorized as Union dues. The Company shall deduct Union dues including, where applicable, initiation fees and assessments, on a biweekly basis, from the total earnings of each employee covered by this Agreement. The amount of dues shall be calculated in accordance with the Union's Constitution. 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 Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (United Steelworkers), AFL-CIO-CLC, P.O. Box Postal Station "A", Toronto, Ontario, M5W 1V7 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 R 115 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; (ii) A list of the names of all employees from whom no deductions have been made and the reasons;

35 35 (iii) This information shall be sent to both the Union address identified in Article 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. It is understood that the Company will pay the fee for obtaining or renewing the Ontario Ministry of Labour tickets that are compulsory for employees under the Company policy. 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 120 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 Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (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. 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

36 36 employee in the bargaining unit after the receipt by the Company and the local Union of the employee's written statement of his/her desire to discontinue such deductions from his/her pay. ARTICLE XXIV - DURATION This Agreement shall continue in effect until the last day of September 2011 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 conciliation proceedings prescribed at law have been completed, whichever date should first occur.

37 37 IN WITNESS WHEREOF each of the parties has caused this Agreement to be signed by their duly aufhorized officers or representatives as of the ;q#, day of :r-u rj E AIR LIQUIDE CANADA INC., 2_906'. ;;?oi UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNA TJONAL UNION (UNITED STEELWORKERS) LOCAL

38 38 SCHEDULE A HAMILTON CLASSIFICATIONS AND HOURLY WAGE RATES CLASSIFICATIONS AND HOURLY WAGE RATES OF NON-TRADE OR CRAFT JOBS, EFFECTIVE AS OF OCTOBER 1, 2008 WILL BE AS FOLLOWS: cws 1ST C'WS 2ND JOB TITLE JOB LEARNER JOB LEARNER CLASS PERIOD CLASS PERIOD LEAD HAND PANEL Ol'ERATOR 19 $ $29.74 OUTSIDE OPERATOR/LEAD HA!ND RELIEF 19 $ $29.74 OUTSIDE OPERATOR/SMR RELIEF 12 $ $27.78 OUTSIDE OPERATOR 8 $ $26.66 BULK TRUCK DRIVER 8 $ $26.66 I.N.S. OPERATOR 8 $ $26.66 STOREKEEPER/UTILITY/F. T. DUTIES 7 $ $26.38 NON-BULK TRUCK DRIVER 6 $ s... $26.10 cws JOB CLASS RD cws FINAL CWSJOB LEAD LEARNER JOB JOB CLASS HAND PERIOD CLASS CLASS CLASS $ $ $31.42 $ $30.86 $ $28.90 $ $27.78 $ $ $27.78 $ $27.22 $ $26.94 $ $26.66 NOTE: EACH LEARNER 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 1, 2008 WILL BE AS FOLLOWS: cws STARTING cws.job TITLE JOB LEARi'IER JOB CLASS PERIOD CLASS INSTRUMENT/ELECTRICIAN TECHNICIAN 19 $ UTILITY/CHIEF OPERATING ENGINEER 19 $ INSTRUMENT MAINTENANCE 16 $ GENERAL MAINTENANCE- OXYTON 16 $ SMROPERATOR 13 $ LIQUID TRUCK MAINTENANCE 13 $ CUSTOMER INSTALLATION TECHNICIAN 12 $ CUSTOMER INSTRUMENTATION TECHNICIAN 12 $ INTERMED LEARNER PERIOD $29.74 $29.74 $28.90 $28.90 $28.06 $28.06 $27.78 $27.78 cws JOB CLASS FINAL CWSJOB LEAD JOB CLASS HAND CLASS CLASS $30.30 $30.30 $ $30.02 $ $30.02 $28.62 $28.62 $ $28.90 $ NOTE: EACH LEARNER PERIOD FOR TRADE OR CRAFT JOBS WILL BE 1040 HOURS WORKED. NOTE: ONCE AN EMPLOYEE IS ON SHIFT AND HIS PROBATIONARY PERIOD IS COMPLETED, HE WILL RECEIVE THE FULL RATE OF THE CLASSIFICATION. HOWEVER IF A MAJORITY OF THE EMPLOYEES REINSTATE THE CWS, THE EMPLOYEE WILL FOLLOW THE NORMAL LEARNER PERIOD PROGRESSION.

39 39 SCHEDULE 8 HAMILTON HOURS OF WORK CONTINUOUS OPERATIONS Night Shift: Day Shift: Afternoon Shift: 11:00 PM to 07:00AM 07:00AM to 03:00 PM 03:00 PM to 11:00 PM Lunch: Coffee Breaks: Wash-up Periods: One half (1/2) hour with pay Two (2) often (10) minutes each Two (2) offive (5) minutes each PRODUCTION MAINTENANCE DEPARTMENT Monday to Friday: Wednesday to Sunday: 07:30AM to 04:00 PM 07:30AM to 04:00 PM Lunch Coffee Breaks: Wash-up Periods: One half (1/2) hour without pay Two (2) of ten (1 0) minutes each Two (2) of five (5) minutes each INSTRUMENT MAINTENANCE Day Shift: 07:30AM to 04:00 PM 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

40 40 SCHEDULE 8 (continued) HAMILTON HOURS OF WORK CUSTOMER INSTALLATION TECHNICIAN CUSTOMER INSTRUMENTATION TECHNICIAN Day Shift: 07:30AM to 04:00 PM 08:00AM to 04:30 PM 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 BULK TRUCK DRIVER ~S~ 00:00~~00:30PM Afternoon Shift: 04:00 PM to 02:30 AM Lunch: One half (1/2) hour without pay Coffee Breaks & Wash-up periods: A total of thirty (30) minutes/day NON-BULK TRUCK DRIVER: Hours of work will vary to suit operating requirements. Lunch: One half (1/2) hour without pay Coffee Breaks & Wash-up periods: A total of thirty (30) minutes/day

41 41 SCHEDULE B (continued) HAMILTON HOURS OF WORK TRUCK MAINTENANCE: Rotating weekly: Week 1 - Day Shift: Week 2 - Day Shift: Week 3 - Afternoon Shift Monday to Friday 08:00AM to 04:30 PM Sunday to Thursday 06:00AM to 02:30 PM Monday to Friday 03:00 PM to 11:30 PM Lunch: Coffee Breaks Wash-up Periods One half (1/2) hour without pay Two (2) of ten (1 0) minutes each Two (2) of five (5) minutes each. Overtime days will remain as is with the exception that when a mechanic actually works the Sunday to Thursday shift, Friday will be paid at one and one-half (1 %) times the regular hourly rate and Saturday at twice (2) the regular hourly rate. We will revert back to the following shifts when a mechanic is off on a scheduled week(s) vacation or when a statutory holiday falls on a Monday: Week 1 - Day Shift: Week 2 - Day Shift: Week 3 - Afternoon Shift Monday to Friday 06:00AM to 02:30 PM Sunday to Thursday 08:00AM to 04:30 PM Monday to Friday 03:00 PM to 11:30 PM

42 42 SCHEDULE 8 (continued) HAMILTON HOURS OF WORK STOREKEEPER OXYTON Day Shift: Lunch Coffee Breaks: Wash-up Periods: 07:30AM to 04:00 PM One half ( 1/2) hour without pay Two (2) often (10) minutes each Two (2) of five (5) minutes each ALL OTHER CLASSIFICATIONS Day Shift: Lunch Coffee Breaks: Wash-up Periods: 08:00AM to 04:30 PM One half (1/2) hour without pay Two (2) of ten (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 Article or by mutual agreement.

43 43 ARTICLE 1 - DEFINITION COST OF LIVING ALLOWANCE PROGRAM 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). ARTICLE 2 The Cost of Living Allowance will be established in October 2008 and revised afterwards on the date of revision. ARTICLE3 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 $5.00 to obtain the Cost of Living Allowance payable for each month of October, November, December and January.

44 44 ARTICLE4 Thereafter, the Cost of Living Allowance will be revised at each date of revision by multiplying by $5.00 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 payable once a month on the last pay cheque of the 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 pay cheque on the last regular pay date of the month. ARTICLE The accumulated COLA will be folded-in to the wage rate schedule on September 30, 2009, September 30, 2010 and September 30, 2011 as the case may be. However, if the cost of living allowance is negative, it will not be folded-in but will be deducted against the next cost of living allowance, except in the last year of the agreement where a negative cost of living allowance will not be folded-in or carried forward. 7.2 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. ARTICLE 8 On September 30th, 2011 after the Cost of Living Allowance has been "folded-in", the Cost of Living Allowance Program will be abolished.

45 45 AIR LIQUIDE CANADA INC. Pension benefits for members of the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (United Steelworkers) Local , Hamilton, Ontario Effective January 1, 2009: - Employees who are members of the Pension plan "H" contribute 3.5% of their base earning; - Permanent employees automatically become members on the first of the month following three (3) months of employment; -All new employees automatically participate in the pension account option. - Employees are not allowed to change option; -The Company contributions to the pension account option are increased from 3% to 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. $42.81 per month) of credited service as of September 30, 2008 after COLA fold-in. 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, 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;

46 46 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, as herein described, for the employees of the Company who are members of the United Steelworkers Local , 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 and the prescription drug plan at no cost to the member up to age 65. Effective January 1, 2003, upon an employee's retirement, the amount of life insurance will be $10,000 and the amount of life insurance for current pensioners will be $8,000.

47 47 LETTER OF AGREEMENT RE: Twelve hour shifts This Agreement applies to all Oxyton production department employees working twelve-hour shifts. The Company may terminate, with 30 days notice, the twelve hour shifts if they are found to adversely affect production. The 12 hours shifts may also be terminated, with 30 days notice, at the end of any pay period if the majority of operators decide to do so. The transition in and out of the 12 hour 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 12 hour shift schedule. Some type of system will be instituted to assure that "Reliefs" will be available to cover "Scratches; etc... " 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 Shift employees working regularly scheduled shifts will receive an off-shift premium of $1.13 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 D) and such off-shift premium will not form part of an employee's regular hourly rate. ARTICLE a) Amend to read: "... and the normal shift will be twelve (12) hours... "

48 48 ARTICLE When an employee is advised during his present twelve (12) hour shift to work overtime following completion of such shift, he will receive a meal allowance, provided such overtime exceeds two (2) hours. For each additional uninterrupted four (4) hour period, the Company will provide another meal allowance. ARTICLE Plant holiday pay will be computed at the regular hourly rate on the basis of twelve (12) hours. ARTICLE Amend to read: "... provided such shift commences in the twenty-four (24) hour period beginning at 07:00 hours on the 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 the twenty-four (24) hour period beginning at 07:00 hours on the statutory holiday, and such overtime hours worked thereon will be paid at twice the employee's regular hourly rate. At 07:00 hours on the day following the statutory holiday, the overtime will be paid at the rate of one and one-half (1-112) times the employee's regular hourly rate. All following consecutive hours... " SCHEDULE "B" Amend to read: Day Shift: Night shift: Lunch: Coffee breaks: Wash-up periods: 07:00 h to 19:00 h 19:00 h to 07:00 h Maintain current practice Maintain current practice Maintain current practice

49 49 21ST TURN SCHEDULE The 21st turn shift is deemed to be from 15:00 h to 19:00 h or 19:00 h to 23:00 h on each Saturday scheduled to work. ARTICLE The paid leave of absence will be on the basis of twelve (12) hours per day. Any articles that are not covered by this letter will be brought forward by either party to achieve mutual satisfaction.

50 50 LETTER OF AGREEMENT Re: Ten hour shifts (excluding Truck Drivers) This Agreement applies to employees working ten (10) hours shifts excluding Truck Drivers. The Company may terminate, with 30 days notice, the ten hour 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 1 0 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 hour-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 Shift employees working regularly scheduled shifts will receive an off-shift premium of 87 cents 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 D) 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 (1 0) hours, and the... "

51 51 ARTICLE Plant holiday pay will be computed at the regular hourly rate on the. basis of ten (1 Q) hours. ARTICLE The paid leave of absence will be on the basis often (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.

52 52 LETTER OF AGREEMENT RE: TRUCK DRIVERS This agreement applies to all Truck Drivers. The Company may terminate, with 30 days notice, ten hour shifts if they are found to adversely affect delivery logistics and economics. For the life of this letter of agreement, the following amendments will be made to the collective agreement insofar as it is applied to employees covered by this letter of agreement A) EIGHT & TEN HOUR SHIFTS: Article Drivers working regularly scheduled shifts will receive an off-shift premium of eighty-seven cents (87 ) per hour for the afternoon shifts. Such off-shift premium will not be paid for any hour in which an employee receives an overtime rate except as provided in Article 12.02d) and such off-shift premium will not form part of an employee's regular hourly rate. Article Drivers working a regular schedule that includes Sundays will be paid a Sunday premium of $2.05 ($2.10 effective Oct. 1/10) per hour for all regularly scheduled hours worked on Sunday. Such Sunday premium will not be paid for any hour in which a driver receives an overtime rate and such Sunday premium will not form part of a driver's regular hourly rate. Article 12.01a) The normal workweek will be forty (40) hours between Monday and Friday for Group A and Group B, and from Friday to Monday for Group C-1 and Group C-2. Group D and E are on flexible hours with the work week running from Sunday to Saturday. The normal shift will be ten (1 0) 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 days nor as to days of work per week, nor as a guarantee of working schedules. Article Plant holiday pay will be computed at the regular hourly rate on the basis of ten (1 0) hours for Groups A, B, C-1, C-2 and D and E. Article Drivers will take the "lieu day" prior to the following Statutory Holiday. From Canada Day to Labour Day, drivers will be able to carry-over the "lieu day" until the end of October. Christmas Day, Boxing Day and New Year's Day "lieu day" will be taken prior to the end of February. The employee can

53 53 choose the replacement day providing no more than two (2) other drivers have previously requested the same day [total of three (3)]. Drivers on weekend shifts will observe Statutory Holidays on the day they occur. If the Company requires drivers to work on the Statutory Holiday and drivers are not available for overtime, the most junior drivers would have to work. Article 14.07b) Vacation pay will be calculated strictly on a percentage basis for Group D and E. Article This confirms the understanding which exists concerning vacation postings. The procedure is: - Prior to February 1st of each year: a list will be posted for each department, indicating the eligibility of each employee. The employees will then indicate their preferred times on the list. Drivers may only select whole week's vacation except during period December 20th to January 3m. March 1st of each year: based on the employee's indicated preferences, the relative seniority of each employee and the operating requirements of the plant, the Company will determine a vacation schedule for each department. April 1st of each year: the Company will post the schedule. After April 1st, drivers may select single day's vacation during available periods. Vacations which have not been scheduled as above, due to an employee not having indicated a preference, will be assigned in order of request taking into account the operating requirements of the Company. The company reserves the right to assign any unscheduled vacation as of March 1 5 t. Article The paid leave of absence will be on the basis of ten (10) hours per day for Groups A, B, C-1, C-2, D and E. The schedules and manpower complement for Drivers will be: Group A: Group B: Group C-1: Will consist of 9 Bulk Truck Orivers on steady day shifts, non-rotating, 5 of them Monday to Thursday and 4 Tuesday to Friday; Will consist of 7 Bulk Truck Drivers on afternoon shifts, non-rotating, 3 of them Monday to Thursday and 4 Tuesday to Friday; Will consist of 4 Bulk Truck Drivers on day shift, non-rotating, from Friday to Monday;

54 54 Group C-2: Group D: GroupE: Will consist of 5 Bulk Truck Drivers on afternoon shift, non-rotating, from Friday to Monday; Will consist of 3 Bulk Truck Drivers on flexible shifts, one (1) on steady day shift, one (1) on steady afternoon shift and one (1) floating (and any future staff complement addition). Will consist of 3 Non-Bulk Truck Drivers on flexible shifts (and any future staff complement addition). Group D drivers: Overtime rates will be applied on the hourly paid activities for the 5th, 6th or 7th day worked each week. The drivers will be assigned a fixed "designated day-off' per week (the day of the week is subject to change by the Company with 30 day written notice). Should a driver be called in on his "designated day-off', he will be paid double time for all hourly paid activities. These drivers are required to carry a pager at all times (except on "designated daycoff') and report to work within 2 hours of being notified to report for work. Any worked statutory holidays, floaters and vacation days are deemed to be worked days for the purpose of calculating overtime. Meetings such as safety, quality, training, etc. of less than 5 hours are not considered as worked days for the purpose of calculating overtime. Whenever possible, Group D drivers will be used to do Micro-bulk deliveries. Group E drivers: Overtime rates will be applied on the hourly paid activities for the 6 1 h or y!h day worked each week. Any worked statutory holidays, floaters and vacation days are deemed to be worked days for the purpose of calculating overtime. Meetings such as safety, quality, training, etc. of less than 5 hours are not considered as worked days for the purpose of calculating overtime. On October 1st of each year, each driver will indicate his shift preference for the following year. The shifts will be awarded according to his qualifications (for non-bulk: prior train experience or successful train road-test evaluation done by an outside firm) and to the length of time he was in the department (last man in the program). Group A, B and C permanent vacancies will be posted and filled within thirty (30) days. If any of the Bulk Truck Drivers were to leave the department, the drivers who were below that man on the shift will be given the option of changing their shift to a more desirable shift. If any other changes were to take place with the shift schedule, the drivers first to be affected will be Group D followed by Group C, Group Band Group A respectively. The highest driver in Group A (Tuesday to Friday) will be given the option to move to (Monday to Thursday) in Group A due to an absence of at least one (1) week to any driver in Group A (Monday to Thursday), provided the Company is given reasonable notice and can reasonably accommodate the request. The highest driver in Group B will be given the option to move up to the day shift in Group A due to an absence of at least one (1) week to any driver in Group A, provided the Company is given reasonable notice and can reasonably accommodate the request.