COLLECTIVE AGREEMENT. Between RYDER TRUCK RENTAL CANADA LTD. And

Transcription

1 COLLECTIVE AGREEMENT Between RYDER TRUCK RENTAL CANADA LTD. And NATIONAL, AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS OF CANADA (CAW-CANADA) LOCAL

2 TABLE OF CONTENTS PURPOSE OF AGREEMENT 1 ARTICLE 1 - BARGAINING AGENCY AND RECOGNITION Union is Exclusive Bargaining Agent Retention of Bargaining Unit Work Work Retention and Sub-Contracting Pick-up and Delivery of Trucks 2 ARTICLE 2 - DEFINITION OF EMPLOYEE Definition of Employee 2 ARTICLE 3 - RESERVATIONS TO MANAGEMENT Management Rights Consistent with Provisions of Collective Agreement Human Rights Code and Arbitration Board No Discrimination Because of Union Activities 3 ARTICLE 4 - UNION SECURITY AND UNION ACTIVITY PROVISIONS Maintenance of Union Membership Dues Deductions Company Harmless Against Claims due to Article 4.01 and Access to Company s Premises Number of Shop Stewards in Each Location Union Bulletin Board Opportunity for Union to Supply Suitable Applicants Disclosure of Personal Information to the Union 5 ARTICLE 5 - HOURS OF WORK Work Hours Work Schedules and Shifts Shift Differentials Shift Vacancy Postings Posting of Shift Schedules and Days off Rest Between Shifts Rest Periods Lunch Period Overtime - Daily and Weekly Overtime Banking Banked Time Utilization Work Schedule Rental Representatives Overtime Overtime - Notice Overtime - Where Shift Premium Paid Employees Called in Before Scheduled Work Time Employees Not Required To Work During Rest Periods No Layoff During Work Week Employees Called in From Home Layoff Income Allowance Stand-By Duty 13

3 ARTICLE 6 - HOLIDAYS Statutory Holidays Holidays Observed on Their Calendar Day Holiday Occurring During Employee Vacation or Rest Day Eligibility for Holiday Pay Overtime on Statutory Holidays 15 ARTICLE 7 - VACATIONS WITH PAY Vacation Time Eligibility Part-Time Employees Calculation of Vacation Year Vacation Period When Employee Leaves the Employ of Company Vacation Pay Vacation Not Taken Accrual Accounting Accrual Payments to Apprentices 18 ARTICLE 8 - SENIORITY Definition Seniority List Loss of Seniority Layoff and Layoff Procedure Recall and Recall Procedure 20 ARTICLE 9 - JOB POSTING Job Postings and Filling of Vacancies 21 ARTICLE 10 - OCCUPATIONAL HEALTH, SAFETY AND ENVIRONMENT Safety and Health - Responsibility Safety Committee Inspection by Others Injury Pay Provision Transportation of Injured Employees Investigation of Accidents First Aid Attendant Injured Employee - Reporting Procedure Procedures to Prevent Injuries - (to apply to Shop Employees only) Washroom, Lunchroom and Lockers Coveralls Safety Toe Boots Reimbursement for Safety Glasses Right to Refuse No Working Alone Training and Instruction 26 ARTICLE 11 - LEAVE OF ABSENCE Personal Leaves of Absence Without Pay Bereavement Leave Caregiver Leave 27

4 11.04 Leave for Union Business The Maintenance and Accumulation of Seniority on Leaves of Absence Leave for Full-time Union Business Leave for Union Bargaining Committee Pregnancy/Parental Leave Jury Duty 32 ARTICLE 12 - DISCIPLINE Just and Reasonable Standard Right to a Shop Steward Notification of Reasons in Writing Removing Discipline From Personnel Files Access to One's Own File Employee Absence Without Notification Signing Not Agreement 33 ARTICLE 13 - GRIEVANCES Grievance Procedure 34 ARTICLE 14 - ARBITRATION Matter sent to an Arbitrator Arbitrator Limitations Binding Decision Expenses of the Arbitrator 35 ARTICLE 15 - WAGES Wage Schedule Higher Rate of Pay New Job Classification Cheque Issue Payment of Wages - Irregular Charge Hand Payroll 37 ARTICLE 16 - APPRENTICESHIP Indentured Apprentices Apprentice Wage Rates Maintenance of Wages While at School Training Opportunities for Apprentices 38 ARTICLE 17 - TECHNOLOGICAL CHANGE Procedures For Technological Change Permanent Closure of Operation of Department 38 ARTICLE 18 - LETTERS OF UNDERSTANDING Letters Of Understanding And Memorandums To Be Part Of Collective Agreement Ratification By Employees 39 ARTICLE 19 - GENERAL PROVISIONS 39

5 19.01 Strikes/Lockouts Validity Of Collective Agreement If Article Invalid Medical Information Training Opportunities And Job Related Courses 40 ARTICLE 20 - INSURANCE, MEDICAL AND OTHER BENEFITS Ryder Truck Rental Canada Ltd. Employee Benefit Plans Employee On Layoff Tool Insurance Sick Leave 42 ARTICLE 21 - OUT OF TOWN WORK Employee Working Outside the Lower Mainland 43 ARTICLE 22 - DURATION OF AGREEMENT Duration Notice to Bargain Exclusion of Section 50(2) and (3) Commencement of Bargaining Change in Agreement Agreement to Continue in Force 44 ARTICLE 23 - WORKPLACE HARASSMENT Company Commitment All Allegations Confidentiality Workplace Harassment Is Defined As: British Columbia Human Rights Act Discrimination Is Categorized Into: How Where and When Also May Include Forms of Harassment Perception Sexual Harassment Improper Conditions Workplace Harassment Advisors Complaint and Investigation Procedure Guidelines to Complainants Informal Complaint Process Third Party Involvement Formal Review Formal Review Resolution Appeal Procedure Record of Complaints Vexatious Complaints Retaliation 49 APPENDIX "A" - WAGES 51 APPENDIX "B" RISK ASSOCIATED BEHAVIOUR 53

6 LETTER OF UNDERSTANDING #1 55 RE: Clarification Of Ryder Truck Rental Canada Ltd. Employee Benefit Plans, Lost Time Benefits, Operations Of Plan 55 LETTER OF UNDERSTANDING #2 57 RE: Lubrication Attendant Classification 57 LETTER OF UNDERSTANDING #3 59 RE: Lubrication Attendants/Apprentices 59 LETTER OF UNDERSTANDING #4 60 RE: Short-Term Transfers 60 LETTER OF UNDERSTANDING #5 62 RE: Benefits And Paid Time Off 62 LETTER OF UNDERSTANDING # 6 63 RE: Compressed Work Week 63 LETTER OF UNDERSTANDING #7 65 RE: Article LETTER OF UNDERSTANDING #8 66 RE: Compressed Work Week 3 X 12 Hour Shifts 66 LETTER OF UNDERSTANDING #9 68 RE: Trailer Technician Classification 68 LETTER OF UNDERSTANDING #10 69 RE: Langley Rental Operations 69 LETTER OF UNDERSTANDING #11 71 RE: Casual Relief Rental Sales Representative 71 LETTER OF UNDERSTANDING #12 73 RE: Rental Incentives 73 LETTER OF UNDERSTANDING #13 76 RE: Local Union Health and Safety Fund 76 JOB DESCRIPTION 77 RENTAL SALES REPRESENTATIVE 77 RYDER PERFORMANCE CHALLENGE UNION WAIVER 80 Re: Ryder Performance Challenge Union Waiver 80

7 PURPOSE OF AGREEMENT The general purpose of this Agreement is, for the mutual benefit of the Company and employees and to provide to the fullest extent possible for the efficiency and economy of operations, and for the quality and quantity of output in the Company's business, consistent with fair wages and conditions, and to provide for uninterrupted and efficient service to the Company's clients; and further, to prevent strikes and lock-outs and to facilitate the peaceful adjustment of grievances and disputes between the Company and its employees, and to provide for the safety and welfare of the employees. It is recognized by this agreement to be the duty of the Company and the employees to co-operate fully, individually, and collectively, for the advancement of the foregoing purposes and conditions. ARTICLE 1 - BARGAINING AGENCY AND RECOGNITION 1.01 Union is Exclusive Bargaining Agent (a) (b) The Company recognizes the Union as the sole and exclusive bargaining agency for its employees, as described in the current Certification issued by the British Columbia Ministry of Labour, for the purpose of collective bargaining with respect to rates of pay, hours of employment and all other conditions of employment. No Written Agreement to Conflict with Collective Agreement No employee shall be required or permitted to make a written or oral agreement with the Company which may conflict with the terms of the Agreement Retention of Bargaining Unit Work The parties recognize and agree that the operation of the Company's affairs and processes necessarily involves persons in positions which are excluded from the bargaining unit from time to time doing work within the scope of the certified bargaining unit. It is further understood and agreed that such involvement in bargaining unit work will not be used to erode the bargaining unit or eliminate jobs for Union members. (a) For a greater certainty, but without detracting from the generality of the foregoing paragraph, the parties specifically agree that excluded personnel may perform bargaining unit work in the following situations: (i) (ii) (iii) training or instruction; and experimentation; and in the event of any emergency where other bargaining unit employees with sufficient capability are not immediately or readily available to perform the work. Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

8 (b) An "emergency" shall be deemed to exist where action by non-bargaining unit personnel is necessary to: (i) (ii) (iii) (iv) avoid or eliminate a dangerous or hazardous condition, particularly where an employee's life is endangered or a serious injury could result unless immediate action is taken; avoid loss or damage to the Company's property, equipment, operations, production or a product; meet unavoidable deadlines; man work stations until sickness or illness replacements or injury replacements can be arranged Work Retention and Sub-Contracting When the Company facilities, space and trained personnel are available, the Company agrees not to contract out bargaining unit work, if such contracting out would result in the layoff, reduce the hours of an employee, prevent the recall of an employee or prevent the filling of a job as described in Appendix A Pick-up and Delivery of Trucks The Company agrees that the pick-up and delivery of trucks for repair is bargaining unit work and whenever reasonable and efficient will be done by bargaining unit members. ARTICLE 2 - DEFINITION OF EMPLOYEE 2.01 Definition of Employee The term "employee" as used in and for the purpose of this Agreement shall include those employees of the Company at and from the Company's present or relocated premises for which the Union is certified. ARTICLE 3 - RESERVATIONS TO MANAGEMENT 3.01 Management Rights The Union recognizes the right of the Company to operate and manage its business in all respects. This shall include, but shall not be limited to, the right to establish and enforce reasonable rules for conduct of employees, to hire, to Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

9 properly classify, promote, transfer, demote, layoff or release employees for lack of work, suspend or discharge employees for just cause, subject to the express provisions of this Agreement. Management agrees to exercise its rights in a manner consistent with the terms of this Agreement Consistent with Provisions of Collective Agreement The Company agrees that the exercise of its rights does not relieve it of its obligations arising out of any other specific provision of this Agreement, or limit the rights of the employees arising out of any other specific provision of this Agreement Human Rights Code and Arbitration Board The Company and the Union recognize and will adhere to the provisions of the Human Rights Code of British Columbia, and further, the Company and Union expressly agree that an Arbitration Board constituted under the terms of this Agreement shall have the authority to construe and apply the provisions of that legislation in the context of a grievance filed under the terms of this Agreement No Discrimination Because of Union Activities (a) (b) There shall be no discrimination against any Union member because of Union activities. No Union Representative shall be subjected to any disciplinary action by the Company or its representatives for any act done bona fide in performance of their duties as Union representatives. ARTICLE 4 - UNION SECURITY AND UNION ACTIVITY PROVISIONS 4.01 Maintenance of Union Membership (a) (b) The Company agrees that any present employee of the Company who, at the date of the signing of this Agreement, is a member of the Union, shall, as a condition of continued employment, maintain membership in the Union in good standing. All new employees shall join the Union on their first day of employment and maintain membership in the Union in good standing Dues Deductions The Company agrees to deduct once each month from the earnings of an employee covered by this Agreement such dues and assessments as may be fixed by the Union and communicated to the Company by the Union. The total Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

10 amount so deducted, with an itemized statement of same in duplicate will be forwarded to the Union at the address shown or provided by the Union. Payment to be forwarded within one week of such deduction. The total amount deducted for the year will be shown on each employee's T-4 slip. The Union recognizes and agrees that the Company's obligation to deduct such dues is expressly restricted to making only such deductions as are permitted by law and by the valid assignment of each employee. If an employee works fewer than five (5) days in a calendar month, his/her dues will not be deducted for that month (paid days on vacation and paid Statutory Holidays will be considered as days worked) Company Harmless Against Claims due to Article 4.01 and 4.02 The Union shall indemnity the Company and hold it harmless against any and all claims that shall arise out of, or by reason of any action taken or not taken by the Company for the purposes of complying with any provisions of Article 4.01 and Access to Company s Premises The Union representatives shall be allowed access to the Company's premises on routine matters. When it is desirable or necessary to hold a meeting during the luncheon period, or to enter the premises at any other time than the luncheon period, with the exception of posting Union notices, permission shall first be obtained from the Company. Such permission shall not be unreasonably withheld Number of Shop Stewards in Each Location In the Annacis Island location there shall not be more than one (1) Shop Steward per shift, provided however that there shall be a maximum of two (2) Shop Stewards in the Annacis Island location. In the Port Kells and CPX locations, there shall not be more than one (1) Shop Steward for every ten (10) employees to a maximum of two (2) Shop Stewards in the Port Kells and CPX locations. It is further agreed that the Union will notify the Company of the names of the Shop Stewards and any changes of same Union Bulletin Board The Company agrees to provide adequate space, in a permanent location, acceptable to the Union, for a bulletin board. The bulletin board shall be supplied by the Union, and will remain the property of the Union, for the sole use of the Union, for the purpose of conveying information by notice or letter to its members. Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

11 4.07 Opportunity for Union to Supply Suitable Applicants The Company has the right to hire and select new employees subject to the following: When hiring new employees, the Company agrees to give preferential hiring rights to Union members. For the purpose of this Collective Agreement preferential hiring rights will mean that if the applicable qualifications of the Union candidate are equal to or greater than a non-union candidate then the Union candidate will be hired. The Company will endeavour to notify the Union of any vacancies which will be filled from outside the bargaining unit forty-eight (48) hours before such vacancy is advertised outside the bargaining unit in order for the Union to provide qualified applicants. The Parties agree that personnel transfers from other Ryder locations are excluded from this provision Disclosure of Personal Information to the Union (a) (b) Both parties recognize that in order to fulfill its obligations as the exclusive bargaining agent for members of the bargaining unit, the Union may require the disclosure by the Employer of personal employee information maintained by the Employer. As such, the Employer agrees to release the required information to the Union on the understanding that it will be relevant to a specific issue or grievance covered by the terms of this Collective Agreement. Release by the Employer of personal health information shall require the employee s prior written authorization. The Union agrees that it will use such information for the sole purpose of carrying out its duties and obligations as a representative of the employees and that it will use and maintain the information in a manner consistent with the Union s internal privacy policy and any applicable legislation. The Union further agrees to hold the Employer harmless against any claim which may arise in complying with the requirements of this clause. ARTICLE 5 - HOURS OF WORK 5.01 Work Hours (a) Work Day and Week The standard work day shall consist of eight (8) hours, exclusive of lunch breaks, and the standard work week shall consist of five (5) consecutive Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

12 days of eight (8) hours each, making forty (40) hours worked, Sunday through Saturday. The regular scheduled hours for part time employees shall not exceed twenty-nine (29) hours per week exclusive of lunch breaks over five (5) consecutive days, Sunday through Saturday, eight (8) hours per day. (b) Part Time Employees The determination for full time status will be thirty (30) hours or more per week averaged over a rolling three (3) month period. Employees on a set schedule of less than thirty (30) hours per week shall be classified as part-time. Under no circumstances shall the part-time employee be employed to reduce the straight time hours of a full-time employee. Part-time employees shall be entitled to all Company-paid benefits except the Ryder Retirement Plan, the Ryder Group Registered Retirement Savings Plan and the Ryder Deferred Profit Sharing Plan and sick leave (20.04). Full-time employees shall qualify for all benefits mentioned in this Collective Agreement Work Schedules and Shifts The Company has the right to establish weekly work schedules and shifts, subject to the following: (a) for Shop employees no shift will start before 6:00 a.m.; (b) for Shop employees day shift commences between 6:00 a.m. and 8:00 a.m.; (c) (d) (e) (f) for Shop employees afternoon shift commences between 2:30 p.m. and 4:30 p.m.; for Shop employees graveyard shift commences between 10:30 p.m. and 1:00 a.m.; by mutual agreement between the Company and the Union, the regular starting times set out above for Shop employees may be changed or varied; The Company agrees that Monday to Friday day and afternoon shifts for Shop employees are "swing" shifts; Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

13 (g) (h) (i) (j) (k) (l) (m) The Company agrees that if a shift other than the Monday to Friday day and afternoon shift is established for Shop employees vacancies on the new shift will be filled as per Article 5.04; The Company agrees that graveyard shift and Tuesday to Saturday shift for Shop employees shall not "swing". The Company agrees further that Tuesday to Saturday shift employees will not rotate with those on a Monday to Friday shift. for Rental Sales Representatives no shift will start before 6:00 a.m. for Rental Sales Representatives the opening shift commences between 6:00 a.m. and 9:00 a.m. for Rental Sales Representatives the closing shift commences between 9:00 a.m. and 4:00 p.m. by mutual agreement between the Company and the Union, the regular starting times set out above for the Rental Sales Representatives may be changed or varied the close of the shift for Rental Sales Representatives shall be 9:00 p.m. unless otherwise agreed between the parties. The Company agrees to give the Union two (2) weeks advance notice of any change in shift starting or stopping times or individual shift starting or stopping times in order that the Union can provide input and inform the Company of any employee concerns Shift Differentials The following shift differentials will apply: (a) (b) (c) all shifts commencing before 8:00 a.m. will receive payment as per Appendix "A"; all shifts commencing between 2:30 p.m. and 4:30 p.m. will receive an additional one dollar ($1.00) per hour above rates set out in Appendix "A". all shifts commencing between 10:30 p.m. and 1:00 a.m. will receive an additional one dollar and twenty-five cents ($1.25) per hour above rates set out in Appendix "A". Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

14 5.04 Shift Vacancy Postings (a) (b) (c) (d) (e) Shift vacancies shall be posted within the shop concerned; all shift vacancies that are to be filled shall be posted within five (5) working days of the vacancy occurring. In all cases of filling of shift vacancies which are posted, seniority shall be the governing factor. Shift vacancy postings will be removed after three (3) working days and a copy forwarded to the Shop Steward(s). The closing date for shift vacancy applications will be five (5) days from the date of the removal of the notice. Where there are not a sufficient number of applicants to fill the vacancies, the employee(s) with the least seniority will be assigned the shift. In order to temporarily fill a shift vacancy until a successful bidder has posted into the shift vacancy, the Company may assign an employee, subject to forty-eight (48) hours notice of a shift change as per Article Once the vacancy has been filled by shift posting, the employee temporarily assigned shall return to his/her pervious shift position Posting of Shift Schedules and Days off The Company will post work schedules for all employees setting forth the employees' starting and finishing time and days off. At least forty-eight (48) hours notice will be given to an employee whose schedule has changed, except in the case of an emergency, or unless the employee agrees to shorter notice Rest Between Shifts No employee will be required to commence another shift within ten (10) hours of completing a shift, except in the case of an emergency. In the event that an employee is requested to work prior to the ten (10) hours rest periods elapsing, he will be considered as still working on his/her previous shift for all time worked within the ten (10) hour period and will be paid for that time at the applicable overtime rate. In training situations, the Company may schedule an employee for a shift not less than eight (8) hours from the completion of their last shift Rest Periods Each Shop employee will be given two rest periods of fifteen (15) minutes each during his/her regular shift in each work day, without loss of pay, to be scheduled in the period before lunch and the period after lunch. Whenever an Shop employee is required to work overtime after his/her regular shift, the employee will be entitled to a paid rest period (at the applicable Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

15 overtime rate) of fifteen (15) minutes after the end of his/her shift and before proceeding with the overtime work. The Parties agree that the rest period for overtime work may be taken later if the rest period will delay a waiting customer. Each Rental Sales Representative will be given two rest periods of fifteen (15) minutes each without loss of pay to be taken in the period before lunch and in the period after lunch. It is understood when rest periods are taken they will not delay a waiting customer Lunch Period An unpaid lunch period of thirty (30) minutes will be scheduled during the fourth (4th) and fifth (5th) hours worked on any shift except as provided below. (a) Graveyard Shift An employee working a graveyard shift as described in Article 5.03(c) of this Agreement shall be paid eight (8) hours for seven and one-half (7 1/2) hours worked in addition to the premiums stipulated in Article 5.03(c). (b) Tuesday to Saturday Shift An employee working a Tuesday to Saturday shift shall be paid eight (8) hours pay for seven and one-half (7 1/2) hours worked on Saturday only. (c) Sunday to Thursday Shift An employee working a Sunday to Thursday shift shall be paid eight (8) hours pay for seven and one-half (7 1/2) hours worked on the Sunday only. (d) Friday to Tuesday An employee working Friday to Tuesday shift shall be paid eight (8) hours pay for seven and one-half (7 ½ ) hours worked on Saturday and Sunday only. (e) Overtime Where overtime is worked at the end of a shift in excess of two (2) hours, an employee will be entitled to a thirty (30) minute paid lunch break. Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

16 5.09 Overtime - Daily and Weekly All hours worked in excess of eight (8) hours per day or an excess of forty (40) hours in the scheduled work week will be considered overtime. Rates if pay will be as follows: (a) (b) hours worked in excess of eight (8) in a day will be paid at one and one half (1 1/2) times the regular rate and in excess of ten (10) hours in a day will be paid at double (2X) the regular rate; hours worked in excess of forty (40) hours in a week will be paid at one and one half (1 1/2) times the regular rate and, hours worked in excess of forty-four (44) in a week, will be paid at double (2X) the regular rate; Double time (2X) the regular rate shall be paid for all overtime hours after four (4) overtime hours have been worked in a work week; (c) (d) except as expressly provided in this Agreement, there shall be no pyramiding of overtime benefits; where permission from the Company is obtained, an employee may be permitted to work extra hours in exchange for receiving requested time off during the scheduled work week Overtime Banking The parties agree that an employee may notify the Company that he/she wishes to "bank" any overtime worked to be taken as personal time off. The overtime hours banked shall be the hours the employee would otherwise be paid had he/she taken pay (e.g. overtime worked at double time (2X) will be two (2) hours banked time). The maximum number of hours an employee may bank shall be eighty (80) hours per calendar year and may not have more than eighty (80) hours banked at any one time. The maximum amount of time taken off due to banked time in any calendar year will be forty (40) hours. When banked time is taken as personal time off, the rate of pay for such hours shall be the rate the employee was earning at the time the overtime was worked. When an employee takes time off as herein provided, it shall be without loss of benefits. All remaining banked time as of December 31 st will be paid out each calendar year. All banked time will be paid out at the current rate of pay. An employee may request to take additional banked time off up to forty (40) hours in a calendar year. It is at the Company s sole discretion as to whether that additional time off is approved or not based on the Company s ability to meet its customer service requirements. Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

17 5.11 Banked Time Utilization Such banked time off, including banked statutory holiday time, shall be granted as paid personal time off upon fifteen (15) working days written notice to the Company unless the conditions of Article 7.05 of the Collective Agreement cannot be met Work Schedule Rental Representatives (a) Changes to the scheduled work week shall be posted the Friday prior to the commencement of the work week (see 5.05). (b) (i) When a Full-time Rental Representative is on vacation, illness, injury or leave of any kind, the senior Part-time Rental Representative will be given the first right of refusal to replace the Full-time Rental Representative for the regular full-time hours of the Full-time Rental Representative during this time period. (ii) The part-time hours of work the senior Part-time Rental Representative would normally be scheduled to work in a week will be offered to the next senior Part-time Rental Representative. When the Full-time Rental Representative returns, the scheduling of hours for Part-time Rental Representatives will be as outlined in Article 5.12 (b)(i). (iii) When the Full-time Rental Representative returns, the Parttime Rental Representatives will go back to their previous schedule if it still exists Overtime (a) Overtime Overtime shall ordinarily be voluntary although it is recognized that from time to time, employees may be required to work overtime. The Company agrees to post scheduled overtime by branch and offer the overtime by seniority within a particular classification on a rotational basis. If by seniority there are no volunteers, the Company will assign the work to capable employees in reverse order of seniority. (b) In technician classifications (including apprentices) overtime shall be distributed as follows: Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

18 (i) (ii) (iii) Employees willing to volunteer for overtime shall sign their name to the overtime list and have the overtime assigned by seniority on a rotational basis. Forced overtime shall be rotated amongst the three (3) most junior employees regardless of whether or not they have signed the list. A new overtime list shall be posted on a quarterly basis Overtime - Notice The Company will attempt to provide an employee, who is required to work overtime, with reasonable notice, in the circumstances, of such requirement Overtime - Where Shift Premium Paid If overtime is worked on a shift where a shift premium is paid, the shift premium shall not be included in the rate for the calculation of overtime Employees Called in Before Scheduled Work Time Employees called in before their scheduled start time will be paid at applicable overtime rates for time worked prior to the commencement of their scheduled start time, except when other arrangements are made by mutual agreement between the Company and the Union Employees Not Required To Work During Rest Periods No employee will be required to work during his or her lunch or rest period except in the case of an emergency, it being the intention of the Company that employees have lunch or rest periods free from unwarranted or unnecessary interruptions No Layoff During Work Week Employees may not be laid off during a work week, but may be laid off at the completion of a work week of forty (40) hours. The Company shall provide employees to be laid off with written notice, with a copy to the Union, at least three (3) working days prior to the end of the affected employees scheduled work week. Pay in lieu of notice will be provided if three (3) days prior notice cannot be provided. This provision shall apply only to regular full-time employees Employees Called in From Home An employee called out from home to work at the shop or on a service call will be guaranteed three (3) hour pay at the applicable overtime rate. Should a second Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

19 call out or service call be required to the same vehicle within that three-hour period, there shall be no pyramiding of the guaranteed three-hour pay Layoff Income Allowance An employee who is provided with permanent layoff (i.e. a layoff expected to exceed thirteen weeks duration) shall be entitled to a layoff allowance of one week's pay for every year of service to a maximum of thirteen (13) weeks pay Stand-By Duty (a) (b) (c) (d) (e) Should an employee volunteer to have the responsibility for handling phone call(s) from his/her place of residence during closed shop hours relating to making arrangements for the provision of "Over the Road Emergency Service", the Company agrees to pay an additional eight (8) hours at his/her regular rate of pay for each week he/she is on stand-by duty. In the event the closed shop hours include a Statutory Holiday, the Company agrees to pay an additional four (4) hours' pay at his/her regular rate for a total of twelve (12) additional hours for that week. The Company agrees that an employee may, at his/her discretion, "bank" any or all of the additional hours instead of receiving pay for the stand-by duty, as per Article Stand-by duty will be rotated between employees on a week to week basis or such other basis as the volunteer and the Company mutually agree. Employees who are scheduled for on call must have their supervisor approve the change in advance. The Company will post at the beginning of each calendar quarter a standby duty schedule. Volunteers may select the weeks they wish to work stand-by in the calendar quarter. In the event any week is not volunteered for, the Company will request, from amongst the volunteers, a volunteer to fill the remaining weeks for the calendar quarter. If weeks remain unfilled, the Company may then assign the unfilled weeks to a full-time Leadhand. In this event the Company agrees to provide a minimum of one (1) week's notice to the full-time Leadhand. The Company agrees further to provide the following to an employee on stand-by: (i) (ii) a pager; a complete listing of all Ryder service shops and approved Ryder Repair services for British Columbia, Alberta and Washington State; Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

20 (iii) (iv) (v) detailed maps covering the above areas; a complete list of all Ryder (Annacis Island, Port Kells and Burnaby) employees by classification for call out; adequate job description of duties, responsibilities and procedures relating to "Over the Road Emergency Service" for an employee to properly administer the program. ARTICLE 6 - HOLIDAYS 6.01 Statutory Holidays Employees who have been in the employee of the Company for thirty (30) calendar days shall be compensated at regular rates for the following holidays: 1. New Year's Day 7. Thanksgiving Day 2. Good Friday 8. Remembrance Day 3. Victoria Day 9. Christmas Day 4. Canada Day 10. Boxing Day 5. B.C. Day 11 Floater 6. Labour Day 12 Floater And any other day declared a Statutory Holiday by the Provincial or Federal Governments. Where an employee's hours differ from day to day or where the employee is a regular part-time employee, his or her holiday pay shall be the average of daily earnings (exclusive of overtime) in the four (4) week period immediately proceeding the week in which the general holiday occurs. An employee working shift work shall have his/her shift differentials as per Article 5.03 included in his/her holiday pay where the holiday occurs on a day he/she is scheduled and would otherwise have worked had the holiday not occurred. Floater days shall be granted with a minimum of fifteen (15) working days written notice to the Company maintaining consistency with the Shop employee away ration as outlined in article Holidays Observed on Their Calendar Day Holidays, defined in Article 6.01, will be observed on their calendar day and may only be changed by mutual agreement between the parties Holiday Occurring During Employee Vacation or Rest Day The Company agrees that should any of the above holidays occur during an employee s vacation or day of rest, the paid holiday shall be observed on the Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

21 next scheduled work day unless the Company notifies the affected employee thirty (30) days in advance that the designated day off shall be the scheduled day before said says of rest or vacation unless otherwise mutually agreed Eligibility for Holiday Pay An employee will not be eligible for pay for a Holiday when he/she does not work his/her scheduled shift before and his/her scheduled shift after the Holiday; provided, however, that employee is not actively employed because of layoff, illness or injury, not being eligible for Worker's Compensation payments or other benefits for the Holiday, and who performed work for the Company sometime during the fourteen (14) day period prior to or following a Holiday, will qualify for Holiday pay in accordance with this Article Overtime on Statutory Holidays (a) (b) All work performed by employees on a statutory holiday will be compensated at double time (2X), in addition to a day's pay for the statutory holiday. However, employees may elect to take an alternate day off with pay at a mutually agreeable time. All work performed by part time employees on a statutory holiday will be compensated at double time (2X) and are not entitled to an additional day's pay for the statutory holiday. ARTICLE 7 - VACATIONS WITH PAY 7.01 Vacation Time Employees will receive vacations and be paid for the vacation in accordance with the following schedule: (a) (b) each employee who has completed one (1) year continuous service in the employ of the Company and has worked a minimum of fifteen hundred (1500) hours for the Company during the preceding twelve (12) months shall be entitled to two (2) weeks vacation with pay equal to two (2) full weeks at straight-time pay at the employee's regular rate, or four percent (4%) of annual gross earnings, whichever is greater. each employee who has completed three (3) years continuous service in the employ of the Company and has worked a minimum of fifteen hundred (1500) hours for the Company during the preceding twelve (12) months shall be entitled to three (3) weeks vacation with pay equal to three (3) full weeks at straight-time pay at the employee's regular rate, or six percent (6%) of annual gross earnings, whichever is greater. Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

22 (c) (d) each employee who has completed ten (10) years continuous service in the employ of the Company and has worked a minimum of fifteen hundred (1500) hours for the Company during the preceding twelve (12) months shall be entitled to four (4) weeks vacation with pay equal to four (4) full weeks at straight-time pay at the employee's regular rate, or eight percent (8%) of annual gross earnings, whichever is greater. each employee who has completed fifteen (15) years continuous service in the employ of the Company and has worked a minimum of fifteen hundred (1500) hours for the Company during the preceding twelve (12) months shall be entitled to five (5) weeks vacation with pay equal to five (5) full weeks at straight-time pay at the employee's regular rate, or ten percent (10%) of annual gross earnings, whichever is greater Eligibility The provision requires employees to have worked a minimum of fifteen hundred (1500) hours in each year in order to qualify for the full vacation entitlement. Employees absent through Workers Compensation or illness shall receive the normal vacation time off and vacation pay that they would otherwise be entitled to for that vacation year. Such employees shall then be required to re-qualify by working the minimum of fifteen hundred (1500) hours in the following year, or be paid their vacation pay as set out above. Rates used to calculate weekly vacation pay shall be those applicable for the time the vacations are taken Part-Time Employees Part-time employees shall be entitled to vacations based on their years of service with the Company, regardless of the hours they worked in each or any vacation year during this employment. Their vacation pay shall be calculated on the percentage basis only in accordance with their entitlement set out in Article Calculation of Vacation Year An employee's vacation year will be calculated from his or her date of hire Vacation Period The vacation period will be between March 15 and March 14 of the following year or at other times mutually agreed upon between the Company and the Union. The vacation time will be allotted and chosen by employees according to their bargaining unit seniority. All changes to selected vacations or requests for unscheduled vacation require ten (10) days written notice. The maximum of employees who can be on vacation at any one time per facility will be based on the number of full-time employees by classification as of February 1 st of each year as follows: Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

23 Shop Employees 1 to 6 full time employees - one (1) employee away 7 to 12 full time employees - two (2) employees away 13 to 20 full time employees - three (3) employees away over 20 full time employees - four (4) employees away This provision applies only to full time shop employees excluding fuel island attendants. Rental Sales Representatives 1 to 6 full time employees - one (1) employee away No more than three (3) consecutive weeks of vacation during the period of June through August will be permitted. The Company will post a list on February 1st until March 15th of each year to allow employees to choose their vacation periods. The resulting vacation schedule will be confirmed by the Company by April 1st. Such list will remain in effect for the remainder of the vacation period, except that changes in the chosen vacation may be made by mutual agreement between the Company and the employee affected. If an employee obtains from the Company its permission to change his/her vacation period, he/she must choose a period which will not interfere with another employee's choice. If an employee is prevented from taking his/her vacation because of illness or accident, he/she may, by mutual agreement with the Company, choose another vacation period. For extraordinary circumstances, where additional employees are off work, the Company will contact the union in order to work with the employees to come up with a suitable alternative in order to meet the Company s customer service requirements When Employee Leaves the Employ of Company Employees who leave the employ of the Company will be paid vacation pay at the time of severance in accordance with Article 7.01 for all vacation entitlement earned to the date of severance. When an employee is laid off, he or she may decide to defer his/her vacation until a later time. However, in no case shall an employee defer his/her vacation past the date of the expiration of his/her seniority as defined in Article 8.03(c) Vacation Pay The Company will provide an itemized statement. Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

24 7.08 Vacation Not Taken Employees must take two (2) weeks of their vacation accrual as vacation time, meaning that two (2) weeks of the hourly employee s accrual as of their last anniversary date will be used to pay the Employee during the time they are off on vacation. Any additional vacation accrual that the employee is eligible for, they may take as pay in lieu of vacation time, should the employee prefer. Vacation allotment may not be carried over to subsequent years. Vacation allotment will also be taken in one week increments Accrual Accounting The Company shall ensure that an employee s vacation accrual shall appear on his/her pay statement distinguishing both the payroll amount of accrual, and, the accrued amount to date Accrual Payments to Apprentices Vacation accrual shall be paid to apprentices on the top-up portion of their wages while they are attending school. ARTICLE 8 - SENIORITY 8.01 Definition (a) (i) Seniority is an employee's length of continuous service (or adjusted service) with the Company. (ii) (iii) It is agreed that the term "seniority" as used herein shall have reference to an employee's right to a job based upon his/her length of continuous service with the Company, and his/her capability to fulfil the job requirements. All scheduling, overtime, job postings, layoffs, recalls and vacation bids will be done strictly in accordance with the principles set forth in (i) and (ii) above. (b) Probationary Period (i) All newly hired employees shall be considered probationary for their first one hundred twenty (120) calendar days of employment. Probationary employees shall not hold seniority but will be scheduled according to their date of hire. Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

25 (ii) (iii) Upon successful completion of the probationary period, employees shall have their seniority calculated from their date of hire and shall thereafter be entitled to all rights and privileges of this Agreement. The Company may extend an employee s probationary period upon written agreement from the Union, which shall not be unreasonably withheld. During the probation period, an employee may be discharged if the Employer believes he/she is unsuitable for status as a regular employee Seniority List The Company will prepare seniority lists of the employees and present the same to the Union. Said list will commence with the most senior employee and carrying on downwards to the most junior employee and contain the following information: (a) (b) (c) (d) the employees' name; the employees' starting date; the employees' regular classification; and in case of probationary employees, the employees' start date only will be shown on the list (but without seniority). The seniority lists will cover both locations. A seniority list for each shop may be posted for vacation purposes. The said lists are to be prepared effective to the first of July and January of each year Loss of Seniority An employee shall lose his or her seniority in the event of any of the following: (a) (b) (c) voluntarily terminates the employment relationship; is discharged for just and reasonable cause and not reinstated under the terms of this Agreement; is on layoff for a period of time longer than the time provided in the following schedule: - The actual period of the employee's continuous service - for employees with less than one (1) year's seniority; - Eighteen (18) months - for employees with one or more year's seniority. Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

26 (d) (e) is recalled to work and does not report within five (5) working days of receiving notice. Provided, however, an employee shall have the right to decline to return to work if the Company cannot guarantee two (2) full weeks of employment and the employee shall not forfeit his/her seniority standing in such cases. is working outside the bargaining unit in the employment of the Company for a total period not exceeding one year Layoff and Layoff Procedure The layoff of employees shall be in order of Company seniority within the classification provided that the employee to be retained has the sufficient capability to perform the available work. An employee vulnerable to a layoff may elect to bump a junior employee in another lower rated classification provided that the employee has the capability to perform the available work. The employee will be returned to his/her former position upon a recall in the employees' former classification. The Company agrees to advise the Shop Steward prior to any layoff and to discuss with him or her alternatives to the implementations of a layoff. The Parties agree that for the purpose of layoff, classifications are deemed to be as follows: Licenced Technician Apprentice Commercial Transport (CT) Technician Trailer Technician Apprentice Trailer Technician Lubrication Attendant Senior Part Person Parts Person Rental Sales Representative Fuel Island / Washperson 8.05 Recall and Recall Procedure Laid off employees with seniority will be given the first opportunities to be recalled provided that the employee has the sufficient capability to perform the available work. The employee will be returned to his/her former position upon a recall in the employee's former classification. Employees will be notified of recall by telephone, or other type of message which will be confirmed by registered mail. An employee being recalled must return to work as soon as reasonably possible after the first notice of recall as described above but no later than five (5) working days after receipt of the Ryder Truck Rental Canada Inc. and CAW Local cs-cope343

27 registered notice except when by mutual agreement between the Company and the Union that failure to report within the specified time is unavoidable. A copy of the notice will be given to the Shop Steward or Union Committeeperson. Recalled employees will be credited with seniority they had at the date of layoff. It is the responsibility of laid off employees to keep the Company informed of their current address and telephone number. ARTICLE 9 - JOB POSTING 9.01 Job Postings and Filling of Vacancies (a) All new jobs or vacancies within the bargaining unit of thirty (30) consecutive days or more (whether temporary or permanent) shall be posted on Notice Boards at each location within thirty (30) calendar days of the vacancy occurring. (b) (c) (d) (e) (f) Job postings will be posted on Notice Boards for ten (10) calendar days and a copy forwarded to the Shop Steward. All interested employees must apply within the ten (10) day posting period. When considering applicants for new jobs or vacancies within the bargaining unit, seniority shall be the governing factor provided that the employee has sufficient capability to perform the job. Where there are no qualified applicants within the Bargaining Unit, posted positions may be awarded to qualified persons outside the Bargaining Unit. When a job posting has been awarded, the Company shall post the successful applicants name(s) for ten (10) calendar days on Notice Boards at each location and provide a copy to the Shop Steward. With the exception of (d) above, all appointments under this section shall be subject to a one hundred and twenty (120) calendar day training/trial period. If an employee does not successfully complete the training/trial period or if during the aforementioned one hundred and twenty calendar days, the employee chooses not to remain in the new position, he/she shall be returned to his/her former position and any other employee hired, promoted or transferred because of the appointment shall be returned to his/her former position. Ryder Truck Rental Canada Inc. and CAW Local cs-cope343