CAA INSURANCE COMPANY (SOUTH CENTRAL ONTARIO) and UNITED STEELWORKERS

Transcription

1 CAA INSURANCE COMPANY (SOUTH CENTRAL ONTARIO) and UNITED STEELWORKERS Effective: May 1, 2015 Local8300

2 TABLE OF CONTENTS ARTICLE 1 - PURPOSE OF AGREEMENT... 4 ARTICLE 2 - RECOGNITION AND SCOPE... 4 ARTICLE 3 - RELATIONSHIP... 5 ARTICLE 4 - MANAGEMENT FUNCTIONS... 6 ARTICLE 5 - NO STRIKES OR LOCKOUTS... 6 ARTICLE 6 - UNION SECURITY... 7 ARTICLE 7 - UNION REPRESENTATION... 7 ARTICLE 8 - COMMITTEES... 9 ARTICLE 9 - GRIEVANCE PROCEDURE ARTICLE 10 - DISCHARGE AND DISCIPLINE ARTICLE 11 - ARBITRATION ARTICLE 12 - SENIORITY ARTICLE 13 - LEAVES OF ABSENCE ARTICLE 14 - UNION REPRESENTATIVES ARTICLE 15 - BULLETIN BOARDS ARTICLE 16 - REPORTING ALLOWANCE ARTICLE 17 - CALL-IN-PAY/MEETINGS ARTICLE 18 -PAYMENT FOR INJURED EMPLOYEES

3 ARTICLE 19 - HEAL TH & SAFETY ARTICLE 20 PAID HOLIDAYS ARTICLE 21 - VACATION..., ARTICLE 22 - WAGES " 30 ARTICLE 23 - HOURS OF WORK AND OVERTIME ARTICLE 24 - SICK LEAVE ARTICLE BENEFITS ARTICLE 26 - MISCELLANEOUS ARTICLE 27 - DURATION AND RENEWAL WAGE SCHEDULE "A" LETTER OF INTENT RE NON-BARGAINING UNIT JOBS LETTER OF UNDERSTANDING Re: New Revenue Products Re: Store Renovations Re: Schedules Re: Enhanced Disability Management Program (EDM) Re: Enhanced Disability Management Program (EDM) Re: Pregnancy and Parental Leave Supplementary Benefit for Full Time Employees BENEFIT SUMMARY INDEX I

4 ARTICLE 1 - PURPOSE OF AGREEMENT 1.01 The general purpose of this Agreement is to secure for the Company, the Union and the Employees, the full benefits of orderly collective bargaining, an amicable method of settling any difference which may arise between the parties and to set forth the conditions of employment to be observed by the Company and the Union It is recognized that employees wish to work together with the Company in providing quality customer service to keep it in a strong competitive market position, consistent with established labour standards, and the Union agrees to support the Company in attaining such objectives Where the singular is used throughout the Articles within this Agreement, it is agreed that the plural is an acceptable substitute and whenever the plural gender is applicable Any reference to "working days" in this collective agreement shall mean Monday to Friday inclusive. ARTICLE 2 - RECOGNITION AND SCOPE 2.01 CAA Insurance Company (South Central Ontario) (hereinafter referred to as the Company) recognizes the Union as the sole and exclusive bargaining agent for all employees working in its Travel Centres in the County of Simcoe, the Regional Municipality of York, the Municipality of Metropolitan Toronto, the Regional Municipality of Peel, the Regional Municipality of Durham and the District of Algoma, save and except Branch Managers, persons above the rank of Branch Manager, Driver Education Co-ordinators and Driver Education instructors The Company shall not cause or assign work normally performed by employees in the Bargaining Unit to be performed by persons not in the Bargaining Unit to the extent that such performance of work by persons not in the Bargaining Unit directly causes or prolongs the lay-off of Bargaining Unit employees. In the event the Company assigns employees to sell or service insurance in person at a location within the geographic scope of the Bargaining Unit, but not at a Travel Centre, such employees shall be deemed to be employees in the Bargaining Unit. 4

5 ARTICLE 3 - RELATIONSHIP 3.01 The Company and Union agree that there shall be no discrimination in the hiring, training, upgrading, promotion, transfer, lay-off, discharge, discipline or otherwise of employees because of race, sex, sexual orientation, creed, religion, colour, age or national origin The Company and Union agree not to discriminate against any person if the discrimination is contrary to the Ontario Human Rights Code or the Canadian Charter of Rights and Freedoms. The Union acknowledges the duty of the Company to accommodate individuals under the Ontario Human Rights Code and agrees that this Collective Agreement shall be interpreted and applied in such a way as to permit the Company to discharge that duty The Company shall maintain a working environment which is free from sexual and/or racial harassment. For the purposes of this clause, sexual harassment includes:.01 unwanted sexual attention of a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is unwanted; or.02 implied or expressed promise of reward for complying with a sexually oriented request; or.03 implied or expressed threat or reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request; or.04 sexually oriented remarks and/or behaviour which may reasonably be perceived to create a negative psychological and/or emotional environment for work and study.. 05 For the purpose of this clause, racial harassment includes engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct consists of words or action by the Company, supervisor, or a co-worker in the Bargaining Unit, which disrespects or causes humiliation to a Bargaining Unit employee because of his or her race, colour, creed, ancestry, place of origin or ethnic origin The Company agrees it shall not interfere with, restrain, coerce or discriminate against employees in their lawful right to become and remain members of the Union and to participate in its activities. 5

6 3.05 The Union agrees that, except as provided for in this Agreement, there will be no Union activity on the premises of the Company during the employees working hours except by agreement with the Company. The privilege of stewards to leave their work without loss of basic pay to attend to CAA Union business is granted on the following conditions:.01 The time shall be devoted to the prompt handling of necessary CAA Union business.. 02 The steward concerned shall obtain the perm1ss1on of the supervisor concerned before leaving his/her work. Such permission shall not be unreasonably withheld.. 03 The Company reserves the right to limit such time if it deems the time taken to be excessive. ARTICLE 4 - MANAGEMENT FUNCTIONS 4.01 The Union recognizes the management of the business and the direction of the working forces, including the right to direct, plan and control operations, and to schedule working hours, and the right to hire, promote, demote, transfer, suspend and otherwise discipline or discharge employees for just cause, or to release employees because of lack of work or for other legitimate reasons, or the right to establish, alter and enforce reasonable rules and regulations to be observed by employees, or the right to introduce new and improved methods or facilities and to manage the business in the traditional manner is vested exclusively in the Company, subject to the express provisions of this Agreement Any new rule or regulation which the Company wishes to install shall be posted on the bulletin boards at all locations where Bargaining Unit Members are employed for seven (7) calendar days before becoming effective. ARTICLE 5 - NO STRIKES OR LOCKOUTS 5.01 The Company agree that it will not cause or direct any lockouts of employees and the Union agrees that it will not cause or direct any illegal strikes of its members. The terms "lockout" and "strike" shall bear the meaning given them in the Ontario Labour Relations Act. 6

7 ARTICLE 6 - UNION SECURITY 6.01 The Company shall deduct Union dues including, where applicable, initiation fees and assessments, on a semi-monthly basis, from the wages of each employee covered by this agreement. The amount of dues shall be calculated in accordance with the Union's Constitution All dues, initiation fees and assessments shall be remitted to the Union forthwith and in any event no later than 15 days following the last day of the month in which the remittance was deducted. The remittance shall be sent to the International Secretary Treasurer of the United Steelworkers, AFL-CIO-CLC, P.O. Box Postal Station "A", Toronto, Ontario MSW 1 V7 in such form as shall be directed by the Union to the Company along with a completed Dues Remittance Form R-115. A copy of the Dues Remittance Form R-115 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: a) A list of the names of all employees from whom dues were deducted and the amount of dues deducted; b) A list of the names of all employees from whom no deductions have been made and reasons; c) This information shall be sent to both Union addresses identified in Article 6.02 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 Employer agrees to print the amount of total dues deducted paid by each employee for the previous calendar year on the Income Tax T4 form. ARTICLE 7 - UNION REPRESENTATION 7.01 The Company acknowledges the right of the Union to appoint or otherwise select Union Stewards for the purpose of representing employees in the handling of complaints and grievances The Company agrees to recognize not more than one (1) Union Steward at each Travel Centre for the Company represented by the 7

8 Union. The Steward shall at all times when on Company property be subject to the rules and regulations to be observed by employees. The Union Steward referred to in Article 7.02 may be from either the Bargaining Unit described in this Collective Agreement or the Bargaining Unit in the CAA Travel (South Central Ontario) Inc. and CAA Services (South Central Ontario) Inc. Collective Agreement and that Union Steward shall have the right to represent employees from both Bargaining Units The Company shall be notified by the Union of the names of the Union Stewards and Local Union Officers, the effective date of their appointment and any changes made thereto The Company agrees to recognize and deal with a Union Grievance Committee of not more than one (1) employee plus the Local Union President The authorization of a supervisor tor a Grievance Committee person or Steward to interrupt his work for any length of time during working hours without loss of time or base pay is subject to the understanding that the time will be devoted to the prompt handling of grievances and will not be abused. When such employees are required to enter an area within the Company in which he is not ordinarily employed, he shall make prior arrangements with the supervisor of that area. Such authorization shall not be unreasonably withheld. Such absences shall be recorded on a card supplied by the Company if the Company so requests The Company will allow the Unit Chair (or designate) and/or stewards up to a combined total of two (2) hours per store per month plus an additional eight (8) hours per month, if required to attend to CAA Union business without loss of regular rate of pay providing prior notice has been given and the matters relate to CAA employees and the Union, and shall include time taken to attend the monthly local executive meeting for Local Additional hours may be provided upon request, subject to the needs of the operation, however such hours in excess of the hours provided above shall be subject to reimbursement from the Union. For clarity: (i) it is understood that the potential total of these hours (30 in a month) is the total number of hours for both this collective agreement and the collective agreement between CAA Travel (South Central Ontario) Inc. and CAA Services (South Central Ontario) Inc., and the United Steelworkers, Local 8300; and (ii), costs for such will be shared equally across the travel centres. 8

9 7.07 Permission will be granted for balloting on Company premises for election of committee persons and local elections, outside store hours, as agreed to by the respective Regional Insurance Manager The employer agrees to acquaint new employees with the fact that a collective agreement is in effect and the conditions of employment set out in the articles dealing with union security. A new employee shall receive a copy of the collective agreement in their new hire package. The contact information of all Union Representatives will be included. ARTICLE 8 ~ COMMITTEES 8.01 Negotiating Committee The Company agrees to recognize and deal with a Negotiating Committee of not more than one (1) employee, plus the Local Union President, who shall be regular employees of the Company, arong with representatives of the International Union The Negotiating Committee is a separate entity from other committees and will deal only with such matters as are properly the subject matter of negotiations, including proposals for the renewal or modification of this Agreement The Company agrees to allow members of the Negotiating Committee time off work without loss of base pay on each day the Committee is scheduled to meet with members of management Union/Management Committee.01 The Parties mutually agree that there may be matters that would be beneficial if discussed at a Union/Management Committee meeting during the term of this Agreement. The Committee shall be comprised of two (2) Representatives of the Union and two (2) Representatives of Management and shall meet at a time and place mutually satisfactory. The Committee shall meet at the request of either Party to discuss matters of concern. Meetings shall be at a mutually agreed time and place. Each Party shall notify the other party of the proposed Agenda as far in advance of the meeting as possible but no later than two (2) weeks before the meeting. The Chair of the Committee shall alternate between a Union Representative and a Management Representative at each 9

10 meeting. The Union Staff Representative and a Senior Manager may be requested to attend such meeting.. 02 The purpose of the Union/Management Committee is to discuss items of mutual concern to Management and Union members of the Collective Agreement. The Committee shall not have the power to alter, amend or modify the specific terms of the Agreement, nor to deal with any matter which is in the Grievance Procedures.. 03 Employee members of the Union/Management Committee shall not suffer loss of base pay for attending meetings of the Committee during their regularly scheduled hours. ARTICLE 9 ~ GRIEVANCE PROCEDURE 9.01 It is the mutual desire of the Parties hereto that any complaint or cause for dissatisfaction arising between an employee and the Company with respect to the application, interpretation or alleged violation of this Agreement shall be adjusted as quickly as possible It is generally understood that an employee has no complaint or grievance until he/she, either directly or through the Union, has first given his/her immediate supervisor an opportunity to adjust the complaint If, after registering the complaint with the immediate supervisor and such complaint is not settled within one (1) regular working day or within any longer period which may have been agreed to by the Parties, then the following steps of the Grievance Procedures may be invoked: Step One The grievance shall be submitted in writing to the immediate Supervisor either directly or through the Union. The grievance shall identify the nature and the facts of the grievance and the remedy sought. The immediate Supervisor shall meet with the employee's Union Steward within three (3) working days of the receipt of the grievance in an attempt to resolve the grievance. The griever may be present at this meeting if requested by either Party. The immediate Supervisor shall within a further three (3) working days give his/her answer to the grievance to the Union. 10

11 Step Two Within five (5) working days following the decision under Step One, the grievance may be submitted to the Department Head or designate who will discuss the grievance with the Steward with or without the presence of the employee within three (3) days of the receipt of the grievance and will deliver his/her decision in writing within five (5) working days from the date on which the written grievance was presented. Once the Department Head or designate responds, then the union has ten (10) days from the receipt of the response to decide if the grievance will move to step 3. Failure to comply with this time limit will consider the grievance null and void. Failing settlement or closure, then: Step Three If the grievance remains unsettled at the conclusion of Step Two, the grievance may be submitted to the Vice-President, Human Resources or designate who shall within five (5) working days hold a meeting between the Union Grievance Committee (not to exceed one (1) in number plus the Local Union President) and the appropriate representatives of Management, in a final attempt to resolve the grievance. The Field Staff Representative of the Union and the Grievor may be present at this meeting if requested by either party. The Vice-President, Human Resources or designate shall within a further five (5) working days give his/her decision, in writing, to the Union The Company shall not be required to consider any grievance which is not presented within fifteen (15) working days after the griever or the Union first became aware of the alleged violation of the Agreement. Thereafter the time limits in Article 9.03 shall be considered discretionary and not mandatory If final settlement of the grievance is not reached at Step Three then the grievance may be referred in writing by either Party to Arbitration as provided in Article 11, Arbitration, at any time within thirty (30) calendar days after the decision is received under Step Three It is understood that the Company may bring forward at any meeting held with the Union Grievance Committee any complaint with respect to the conduct with the Union, its Officers or Committee members, or members, and that if such a complaint is not settled to the mutual satisfaction of the conferring parties, it may be treated as a grievance and referred directly to Arbitration in the same way as the grievance of an employee. 11

12 9.07 Company or Union Grievance Any difference arising directly between the Company and the Union shall be submitted in writing by either party at Step Two of the Grievance Procedure within fifteen (15) working days after the occurrence or origination of the circumstances giving rise to the grievance. Any grievance relating to an employee or a group of employees will be initiated in accordance with Article Any of the time allowances provided for in Article 9.03 may be extended by mutual agreement in writing. However, time limits set out in this Article are for the purpose of directing the parties to a speedy settlement of grievances, however, failure by either party to act within such time limits shall not disqualify a grievance from being submitted to arbitration in accordance with Article All agreements reached under the Grievance Procedure between the representatives of the Company, and the representatives of the Union will be final and binding upon the Company, the Union, and the employee (s). 9.1 O At any stage of the Grievance Procedure including Arbitration, the conferring parties may have the assistance of the employee (s) concerned and any necessary witnesses and relevant records. All reasonable arrangements will be made to permit the conferring Parties, or the Arbitrator, to have access to the Travel Centre to view disputed operations and to confer with the necessary witnesses. ARTICLE 10 - DISCHARGE AND DISCIPLINE A claim by an employee, that he/she has been discharged or suspended, without just cause, shall be a proper subject for a grievance, if a written statement of such grievance is lodged at Step Two of the Grievance Procedure within ten (10) working days after the employee receives notice that he/she has ceased to work for the Company or returns to work after a suspension as the case may be. Such special grievance may be settled by: Any arrangement, except loss of seniority, which in the opinion of the conferring Parties, or the Arbitrator, is just and equitable When an employee has been discharged he/she shall have the right to interview his/her Steward or Union Chair for a reasonable period of time, before leaving the Company premises. 12

13 10.03 Any record of reprimands or suspension which are intended to form part of an employee's record may, at the employee's option, be given in the presence of a Union Steward or Union Chair and shall be removed from the employee's file after eighteen (18) months from the date of issue. The Union Unit Chair will be copied on all reprimands or suspensions within two (2) working days of the date of issue Any notice of disciplinary action by the Employer not given within fifteen (15) working days of the infraction, or from the time the Company was aware of the infraction shall be null and void With respect to any disciplinary meetings or disciplinary discussions with employees, the Company will advise the Unit Chair in advance of such disciplinary meetings or disciplinary discussions taking place. ARTICLE 11 - ARBITRATION When either Party to the Agreement requests that a grievance be submitted for Arbitration, they shall make such request in writing addressed to the other Party to the Agreement The Arbitration Procedure incorporated in the Agreement shall be based on the use of a single arbitrator. However, the parties may mutually agree in writing to substitute an Arbitration Board for a single arbitrator at the time of reference to arbitration and the other provisions referring to single Arbitrator shall appropriately apply. Each of the parties hereto will bear the expense of the Arbitration Board nominee appointed by it When either party refers a grievance to Arbitration, they shall propose four (4) acceptable arbitrators. If none of the proposed arbitrators are acceptable to the other party, they shall propose an additional four (4) arbitrators. Thereafter, if an acceptable arbitrator is not agreed upon within ten (10) calendar days, the grieving party may make a request to the Ministry of Labour to appoint an arbitrator Except where otherwise provided for in this Agreement, each of the Parties hereto will bear its own expense with respect to any arbitration proceedings. The Parties hereto will bear jointly the expenses of the arbitrator on an equal basis No matter may be submitted to arbitration which has not first been properly carried through all preceding steps of the Grievance Procedure The arbitrator shall not be authorized, nor shall the arbitrator assume authority, to alter, modify, or amend any part of this Agreement, nor to 13

14 make any decision inconsistent with the provisions thereof, or to deal with any matter not covered by this Agreement The decision of the arbitrator shall be final and binding on the Parties. ARTICLE 12 SENIORITY Probation.01 A new licensed full time employee shall not have any seniority, and shall be considered as a probationary employee until he/she shall have attained seniority status by actually working a total of eighty (80) shifts or sixteen (16) weeks from date of last hire whichever comes first. A new unlicensed full time employee shall not have any seniority, and shall be considered as a probationary employee until he/she shall have attained seniority status by actually working a total of one-hundred and thirty (130) shifts and twenty-six (26) weeks from the date of hire whichever comes first..02 It is understood that if a probationary employee is off work during his/her probationary period for any reason whatsoever, the probationary period shall be suspended until the probationary employee returns to work when it shall continue until the probationary period described above is completed.. 03 The Union agrees that the discharge of a probationary employee shall be deemed to be for just cause.. 04 Probationary employees may not transfer to another location until they have successfully completed their probationary period The parties recognize that it is desirable that job opportunity and security increase in proportion to length of continuous service. It is therefore agreed that in the matters of vacancy, promotion, transfer, layoff and recall after layoff, senior employees shall be entitled to preference. In recognition however of the responsibility of the Company for the efficient operation of the business, it is understood and agreed that in all cases referred to above the Company shall have the right to pass over any employee if it is reasonable to assume that the employee is not qualified and able to perform the available work. 14

15 12.03 Seniority shall be on a Company wide basis and shall mean total length or continuous service in the Bargaining Unit as described in Article 2. The parties agree that the seniority for Bargaining Unit employees shall be credited on the basis of the employee's original date of hire whether or not such persons were employed on a contract or temporary basis providing there was no break in such employment prior to being placed on the permanent employee payroll. Where two (2) or more employees are found to have the same seniority date, the order of seniority shall be determined by the alphabetical order of the employee's surname Seniority shall be maintained and accumulated until it is lost under Article An employee shall lose all seniority and his/her employment shall be deemed to be terminated if:.01 the employee quits;.02 the employee is discharged and is not reinstated in accordance with the provisions of this Agreement;.03 the employee is laid off and fails to return to work within five (5) working days after he/she has been notified to do so by the Company by registered mail to his/her last known address (a copy of such shall be sent to the Union). However, should the registered letter not be delivered in the ordinary course of mail through no fault of the employee, the five (5) working day period will commence only after the employee has become aware of his/her recall;.04 the employee has been laid off more than eighteen (18) consecutive months or the employee's seniority, whichever is the lesser;.05 the employee is absent without permission for three (3) or more consecutive working days without notifying the Company for such absence and providing the Company with a justifiable reason;.06 the employee fails to return to work upon termination of an authorized leave of absence (including approved vacation or sick leave without notifying the Company and providing the Company with a justifiable reason) or utilizes a leave of absence for purposes other than those for which the leave of absence was granted. 15

16 .07 In the event of a permanent layoff for a period of more than 35 continuous weeks, the Employer agrees to give an Employee with 5 years service or greater in the bargaining unit, 2 weeks severance pay for each year, or part thereof, of continuous service to a maximum of 26 weeks Seniority Lists Employees can request the termination allowance at any time during the layoff. Employees who accept payment shall be deemed to have waived their recall rights, and their seniority and employment shall cease. Union Stewards will be issued up-to-date, separate, seniority lists for full time employees on or about June 30th and December 31st of each year. A copy of such seniority lists will be available on the Company's Human Resources Information System site for the Chair and all Union associates. A copy of the seniority list will be senv ed to the USW Staff Representative and the Unit Chair The Company will provide the Union with a list of employees' last known addresses and annual earnings as at December 31st of each calendar year. The Union agrees that such addresses will not be disseminated to any other individuals, group, institutions or organizations. Further, the Company cannot be held responsible for any errors or omissions. The list will be provided via to the Union Chair and to the Union Job Vacancies.01 Where a permanent vacancy occurs (except in cases of overages and underages posting of vacancies shall not apply) the vacancy shall be posted within ten (10) working days on the Company Intranet for not less than five (5) working days (in cases where this is not practical the Company will advise the Union) and the job shall be awarded to the most senior applicant in accordance with the provisions of Article Applications for such vacancy shall be made in writing within the posting period. The most senior applicant will have 48 hours to accept the position. Acceptance of the position shall be made in writing. Upon receipt of acceptance of the successful candidate, the Company will notify the non successful internal candidates within three (3) working days of the selection. The Company will advise the Chairperson of the successful candidate within three (3) working days of the selection. 16

17 .02 All job notices shall include the following:.01 hours of work;.02 location where vacancy exists.. 03 The Company shall not consider jobs to be vacant when employees are not at work because of sickness, accident, or leave of absence authorized under the provisions of this Agreement. However, if the Company is notified by an employee or otherwise informed that an employee will or may be absent from work because of sickness, accident or leave of absence authorized under the provisions of this Agreement for a period of time that is either indefinite or more than thirty (30) calendar days, the Company shall post a job notice announcing a temporary job vacancy and the provisions of this Article shall apply. Upon completion of the temporary job, the employee appointed to fill the temporary job vacancy shall return to his/her former job. The Company shall also post a job notice announcing a temporary job vacancy arising from the filling of the temporary job vacancy of first instance noted above and the provisions of this Article shall apply. Subsequent vacancies will be filled at the discretion of the Company.. 04 The successful applicant shall be allowed a trial period of up to thirty (30) calendar days (excluding classroom training), or in the case of an Agent Trainee position a trial period of up to six (6) months, during which the Company will determine if the employee can satisfactorily perform the job. Within this period, the employee may voluntarily return, or be returned by the Company to the position formerly occupied without loss of seniority. Where a permanent vacancy occurs as a result of filling the original permanent vacancy, it need not be posted until after the trial period has elapsed.. 05 The Company agrees that it will not act in an arbitratory or discriminatory manner in making its assessment of employees selected to fill the job vacancy.. 06 Employees not selected for the vacancy will be informed of the reasons for non selection by the Human Resources Office.. 07 A permanent employee who has accepted a contract position shall not be eligible to apply to another temporary posting until the employee has completed the full term of the contract position. 17

18 A permanent employee may only transfer to different permanent positions twice within a twelve (12) month period from the first (1 8 t) transfer. The Company will consider a third (3rd) transfer if it does not cause disruption to the operations.. 08 In the event of the posting for a permanent position, employees on a leave of absence will be considered as a candidate. If such employee is the most senior, qualified candidate, they will be awarded the position so long as the employee is able to assume the position within a reasonable period of time, having regard to the business and operational needs and issues Temporary Employees Should the Company be unable to fiil a temporary vacancy through the job posting procedure, an employee may be hired to replace an employee who will be on an approved leave of absence, short-term disabtlity, long-term disability or to perform a special non-recurring task. The release or discharge of such person shall not be the subject of a grievance or arbitration. Such employees may apply to job postings at any point if the position is within their own Travel Centre. If however, they wish to apply to a job posting outside of their Travel Centre, they must wait at least three (3) weeks after commencement of their temporary assignment. Any successful applicant who has completed his probationary period will be credited with the appropriate seniority. When an employee is transferred to permanent status he/she will be credited with service to the last date of hire for the purpose of determining benefit qualifying periods excepting the Company Pension Plan O Layoffs Vacation pay for temporary employees will be paid in accordance with the percentage outlined in the Employment Standards Act. When such employee transfers to permanent status, vacation entitlement from the original date of hire will be pro-rated accordingly (no pyramiding). The provisions of Articles 24 - Sick Leave and 25 - Benefits do not apply. Whenever it becomes necessary to reduce the work force, the employee(s) affected shall be given at least two (2) weeks' notice in 18

19 advance of the date of layoff or pay in lieu thereof. Prior to the layoff of employees the Company agrees to review with the Union the reason(s) causing the layoff, as well as alternatives designed to minimize the impact of the layoff on the members of the Bargaining Unit..01 In all cases of layoff, the most junior employee in the affected job classification at the affected location shall be given note of layoff. An employee who is subject to layoff shall have the right to either: Recall Protocol.01 accept layoff, or.02 provided such employee possesses the necessary qualifications and is able to perform the available work without training to:.01 claim the job of any employee with less seniority in his/her classification in any other Travel Centre covered by this Agreement, or.02 claim the job of the lowest seniority employee in the balance of the other Travel Centres covered by this Agreement..03 employees exercising their rights under above must declare their chosen option within two (2) working days of receipt of notice of layoff.. 04 an employee who is bumped and subject to layoff shall be given at least two (2) weeks notice in advance of the date of layoff or pay in lieu thereof. In the event the Employer has a vacancy that the Employer determines it will fill and there are employees on recall, the following protocol will be followed:.01 Job vacancies will be posted for five (5) days as per the Collective Agreement..02 Employees an the recall list will be informed by the Employer by or phone of all job vacancies an the day of the posting. 19

20 .03 Employees both active and those on the recall list can apply to job vacancies. The employee who meets the qualifications required to do the job with the most seniority will be offered the vacancy.. 04 If there are no internal applicants for a job vacancy who are bargaining unit members and qualified to do the job, the employee on recall who meets the qualifications required to do the job with the most seniority will be offered the vacancy.. 05 Employees on recall will have 48 hours to accept or decline the recall..06 An employee can refuse a recall and remain on layoff and the recall list under the following circumstances:.01 The employee is not recalled to the branch from which the employee was laid off or to a branch within a fifty (50) kilometer radius of such branch for a full time position and twenty five (25) kilometer radius of such branch for a part time position, or;.02 The employee is not recalled to the same employment status, i.e., full time/part time, or;.03 The employee is not recalled to the same employment status for a contract or temporary job vacancy from which the employee was laid off.. 07 In addition, an employee can accept a position that does not meet all of point 6 above and elect to remain on the recall list until the employee's recall date expires.. 08 When a contract or temporary vacancy ends, the employee will return to lay off and the recall list so long as the employee's recall date has not expired. If the employee's recall date has expired, the employee's employment will be terminated pursuant to Article of the collective agreement..09 If an employee is recalled and the recall offer is consistent with all of point 6 above, and the employee declines the recall, that employee's employment will be terminated pursuant to Article of the collective 20

21 agreement and the employee's name will be removed from the recall list..10 An employee who is on the recall list and filling a contract or temporary vacancy can apply to a permanent vacancy at any time during the contract..03 Active employees affected by the layoff process who accepted a contract or temporary vacancy are exempt from having to wait until the last three (3) weeks of the contract or temporary position to apply for a permanent vacancy Seniority Status After Departure from Bargaining Unit The parties agree that if an employee leaves the Bargaining Unit due to a temporary or permanent transfer or promotion within the Company, their accumulated seniority shall be frozen for a period of one year and one day. If the employee returns to the Bargaining Unit on or before one year and one day have elapsed, their frozen accumulated seniority will be reinstated and will continue to accumulate from their first date of return to the Bargaining Unit. If an employee leaves the Bargaining Unit for another position within the Company, and returns to the Bargaining Unit after one year and one day have elapsed, they will lose all their accumulated seniority, but will retain all their rights, privileges, and benefits related to Company service indicated in the provisions of this collective bargaining agreement. The loss of seniority defined in this article is not subject to the grievance procedure. ARTICLE 13 - LEAVES OF ABSENCE Personal Leave An employee may be allowed a leave of absence without pay under the following conditions (except in emergency situations when leave shall be granted):.01 they request it in writing from management with at least one (1) month's notice, and,.02 the leave is for a good reason and does not interfere unduly with operations.. 03 the medical care for elderly family members, spouse and children shall be deemed to constitute an emergency. 21

22 13.02 Pregnancy and Parental Leave An employee is entitled to pregnancy (17 weeks) and parental leave (up to 35 weeks) in accordance with the provisions of the Employment Standards Act Bereavement Leave Time off with pay for bereavement is provided to full time and part time Associates where the deceased is a member of the Associate's immediate family as follows: Relationship Spouse, child or step-child* Paid Time Off 20 working days Spouse is defined as a person to whom the employee is legally married or a person the employee has been living with in a common law relationship for a minimum of one (1) year and who is recognized as their spouse/partner. Father, mother, sister, brother, step-father, step-mother, step-brother, step-sister or grandchild of associate, father or mother-in-law, sister or brother-in-law, grandparents of Associate or spouse Other relatives 5 working days 1 working day *Proof of death must be provided upon request If an associate is required to travel in excess of 200 kilometres to attend the funeral, 2 additional consecutive working days leave of absence will be granted with pay. Body shipped to Canada will be treated the same as travel in excess of 200 kilometres and 2 additional consecutive working days leave of absence will be granted with pay. In the case of part time Associates, the above schedule applies, however, time off relates to consecutive calendar days. Only scheduled time that falls during the bereavement leave will be paid. If bereavement happens during the time an Associate is off work on account of accident, lieu time, holidays, or vacation the Associate is entitled to an equal number of these days used for bereavement at a later date. At any time an Associate must produce a death certificate or funeral director's statement upon request. 22

23 For "special" circumstances, Associates should contact their supervisor. If an extension of bereavement leave is required, vacation days, lieu time owing, float day(s) or unpaid leave of absence can be used, whenever possible. Associates with incentive or commission components to their compensation will be paid based on average earnings over the last seven (7) pays preceding bereavement leave Jury and Witness Duty.01 An employee who has attained seniority shall be granted leave of absence without loss of base pay, for the normally scheduled number of hours the employee would have otherwise worked for the purpose of serving jury duty, or as a material witness subpoenaed to an appearance in court.. 02 The employee will be required to provide the Company with a copy of a report from the Court Officials indicating their attendance.. 03 The employee shall reimburse the Company the full amount of witness fees received by the employee excluding mileage and meal allowance Union Leave A maximum of one (1) employee who has been elected or appointed by the Union to attend Union Conventions or Conferences or other Union business shall be granted leave of absence without pay for this purpose subject to operational requirements. The Union will submit its request including the name of the employee to the Company in writing, not less than seven (7) calendar days prior to the start of the leave. Such leave shall not be unreasonably withheld. The Company shall maintain the pay of any employee on Union leave of absence for a period of thirty (30) days and the Union shall reimburse the Company upon receipt of an invoice Short Term Absence.01 Reasonable time off work with pay shall be provided for full time employees for personal matters, e.g., medical, dental appointments, etc. These appointments should be scheduled prior to or at the end of the employee's scheduled work time, if at all possible. Unless there is an emergency, the employee must notify 23

24 their immediate supervisor at least twenty-four (24) hours prior to leaving for such appointments.. 02 Employees should not be required to make up the time for such personal leave. ARTICLE 14- UNION REPRESENTATIVES If the Union Field Representative, who is not employed by the Company, wants to speak to local representatives about a grievance or other official business, he shall seek the supervisor's prior approval, or designate who shall then arrange for the release of the local representatives so that it will not needlessly interfere with business. ARTICLE 15 - BULLETIN BOARDS The Company agrees to allow the Union to post Union notices on existing Company bulletin boards in each Travel Centre. Notices will be signed and posted only by officers of the Union and will be in keeping with the spirit and intent of this Agreement. ARTICLE 16 - REPORTING ALLOWANCE In the event that an employee reports for work on his/her regular shift, without having been previously notified not to report, he/she will be given the lessor of four (4) hours work or the hours scheduled to be worked at his/her base pay or if no work is available, he/she will be paid the lessor of the equivalent of four (4) hours or the hours scheduled to be worked at his/her base pay. This provision shall not apply when there is a lack of work due to any labour dispute, fire, flood or other cause beyond the control of the Company. ARTICLE 17 - CALL-IN-PAY/MEETINGS Any employee who has completed his/her shift and has left the Company's premises and is then recalled to work extra time shall be paid at time and one-half (1 %), and will not receive less than the equivalent of four (4) hours pay at the employee's base pay for such additional work. 24

25 17.02 In cases of employees required to attend Travel Centre monthly meetings which fall outside an employee's scheduled shift he/she will be compensated at one ahd one-half (1 %) times the employee's base pay for the duration of such meeting plus one (1) hour's travelling time. Employees who finish their regularly scheduled shift prior to such meeting and are required to wait for such meeting will be compensated for all waiting time, at the employee's base rate of pay. In which case one hour travelling time does not apply Special Meetings The Company shall compensate all employees who are required to attend the Company's Special Meetings, by providing time off with pay in lieu of overtime. Such time off shall be equal to one and one-half (1 %) of the time clarified below. If the special meeting is not mandatory, employees who choose to attend the meeting will be compensated with the equivalent time off inlieu of pay at one and one-half (1 %) of the time clarified below. For clarity, the employees who are required to attend, shall be credited with up to eight (8) hours per day for attending the special meeting and compensated at the rate of one and one-half (1 %) of the employees' base rate of pay for up to eight (8) hours or equivalent time off (i.e. 12 hours with pay). Such time off must be given in the current calendar year or an equivalent amount of money must be paid in the last pay period of December. All Associates who attend the Company's Special Meetings will be compensated for travel time at their regular rate of pay, or if mutually agreed, travel time may be taken as lieu time. Travel time is calculated from the office or home (whichever is less) to the meeting place and return. ARTICLE 18 - PAYMENT FOR INJURED EMPLOYEES In the event that an employee is injured in the performance of his/her duties, he/she shall, to the extent that he/she is required to stop work and receive treatment, not suffer loss of base pay for the remainder of his/her shift. If it is necessary, the Employer will provide, or arrange for, suitable transportation for the employee to the 25

26 doctor or hospital and back to the Travel Centre and/or to his/her home as necessary. If it is necessary for an employee to receive medical treatment subsequent to his/her return to work following an industrial injury, he/she shall be paid his/her base pay for regular shift hours to attend such appointment. ARTICLE 19 - HEAL TH & SAFETY The Company agrees to accept as a member of its Joint Health and Safety Committee one (1) representative selected or appointed by the Union and one (1) Health and Safety representative from amongst employees in the Bargaining Unit at each location The general duties of the Occupational Health and Safety Committee shall be to enforce the provisions of the Industrial Health and Safety Acts of Ontario, and,.01 to make a monthly inspection of the Travel Centres or place of employment for the purpose of determining hazardous conditions, to check unsafe practices and to receive complaints and recommendations with respect to these matters;.02 to investigate promptly all serious accidents and any unsafe conditions or practices which may be reported to it. Such investigations shall include accidents which might have caused injury to a worker whether or not such injury occurred;.03 to hold regular meetings at least monthly for the discussion of current accidents, their causes, suggested means of preventing their recurrence, and reports of investigations and inspections No disciplinary action shall be taken against any employee by reason of the fact that he/she has exercised the right conferred upon him/her under the Act respecting Occupational Health and Safety The Company shall supply all protective clothing and other devices deemed necessary to protect employees from injuries arising from their employment. 26

27 ARTICLE 20- PAID HOLIDAYS All employees shall be paid base pay for the following holidays: New Years' Day Family Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day Should one of the holidays referred to in Article occur on an employee's regular day off, the employee will receive an additional day off in lieu thereof which shall be scheduled by mutual agreement with the Supervisor Employees who work on any of the holidays referred to in Article shall be paid at the rate of time and one-half (1 Y2) the employee's base rate of pay in addition to the holiday pay to which the employee is entitled Eligibility for holiday pay for the holidays set out in Article shall be in accordance with the provisions of the Employment Standards Act When any of the holidays referred to in Article and Article are observed during an employee's vacation period he/she shall receive by mutual agreement an additional time off with regular rate of pay at the end of the employee's scheduled vacation or a day off with base pay at a later date Floating Days After six (6) months of continuous full time employment an employee will be entitled to two (2) mutually convenient paid days off at the employee's regular rate of pay. 27