COLLECTIVE AGREEMENT BETWEEN. BIG WAX INC. Hereinafter referred to as the "Company" OF THE FIRST PART AND

Transcription

1 I COLLECTIVE AGREEMENT BETWEEN BIG WAX INC. Hereinafter referred to as the "Company" OF THE FIRST PART AND UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175 Hereinafter referred to as the "Union" OF THE SECOND PART EFFECTIVE: APRIL 22, 2017 EXPIRES: APRIL 21, 2020

2 Article 1 - Recognition.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...,..,,...,.,,...,,...,,,,,,,,, 2 Article 2 - Union Security...,,,,,,,,..,,..,,,... 2 Article 3 - Basic Work Week... 4 Article 4 - Rest Periods...,.,,...,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...,...,,, 4 Article 5 - Wages...,... 5 Article 6 - Overtime...,..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...,,,,,, 5 Article 7 - Holiday Pay,,,,,,,...,...,,,,,,..,,,,,,,,,,,,,,,,,,,,,,,,,,,... 6 Article 8 - Vacations...,,...,,..,,,...,... 7 Article 9 - Management Rights...,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,... 8 Article 10 - Employee & Union Co-Operation,,,,,,,,,,,,,,,,,..,...,,,,,,, 8 Article 11 - Discharge of Employees Subject to Arbitration Article 12 - Notice Required or Pay Required In Lieu of Notice in Cases of Dismissal, 11 Article 13 - Leave of Absence...,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Article 14 - Jury Duty...,,...,,..., 12 Article 15 - Bereavement Pay..,...,...,...,,,,,,,,,,,,,,,,,,, Article 16 - No Strike or Lockout Article 17 - Seniority...,...,,..., 13 Article 18-Adjustment of Grievances""""""""""""""""""""""""""""""""""""""' 14 Article 19 - Boards of Arbitration Article 20 - Benefits.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 16 Article 21 - Union Representative Visit"""""""""""""""""""""""""""""""""""""" 17 Article 22 - Bulletin Boards Article 23 - Apparel,,,,,,.,,...,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Article 24 - Charitable Donations...,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,, Article 25 - Decent Language,,,,,,,,,,,,,,,.,.,,...,..,,,,,,,,,,,, 18 Article 26 - Health & Safety Article 27 - Medical Absence and Medical Leave Article 28 - General,,,,,,,,,,.,,...,.,,,,,..,.,.,,,,,,,,,,,,,,,,,,,, Article 29 - Duration..., APPENDIX "A",,,,,,,,,,..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 21

3 COLLECTIVE AGREEMENT BETWEEN BIG WAX INC. Hereinafter referred to as the "Company" OF THE FIRST PART AND UNITED FOOD &COMMERCIAL WORKERS CANADA, LOCAL 175 Hereinafter referred to as the "Union" OF THE SECOND PART The general purpose of this Agreement is to establish collective bargaining relations between the Company and the Union, to continue the co-operation and spirit of good will between the Company and its employees, to provide machinery for the prompt disposition of grievances arising under this between the parties, the Company must be kept in a strong competitive market cost, consistent with fair Labour standards, and the Union agrees to support the Company in attaining such objective. Article 1 - Recognition 1.01 The Company recognizes the Union as the sole collective bargaining agent for all employees of Big Wax Inc. in the City of Toronto, save and except Manager, persons above the rank of Manager and persons in the Bargaining Units for which any trade union holds bargaining rights. Article 2 - Union Security 2.01 The Company agrees, with reference to such of its employees as are covered by this Agreement, it will retain in its employ only members in good standing of the Union. New employees shall become members within the first thirty (30) calendar days of admission to the Union. The Union agrees that it will not unreasonably deny application for admission to the Union. The Company agrees to notify the Union of all new employees at least every month. The Union agrees to notify the Company in writing by registered mail of the name of any employee who is not in good standing in the Union. All employees shall apply for membership on the official Local 175 Membership Application Form. Upon receipt of these forms form the employees, the Company agrees to forward such forms on the employees' behalf to the Union within ten (10) days after the completion of the probationary period. Notwithstanding the above, the Union agrees that the Company will not be required to terminate current employees who refuse to sign a membership card so long as such employees were hired prior to date of ratification of this Agreement. 3

4 2.02 (a) The Employer shall during the term of this Agreement as a condition of employment deduct from members of the bargaining unit, the regular weekly union dues and such union dues shall be remitted to the Union, in the format outlined in Article 2.06 (a) below, prior to the fifteenth (15 1 h) of the month in which such deduction is made. (c) The Employer shall deduct membership initiation fees as may be established by the Union and forward any application forms and such fees to the Union in the format outlined in Article 2.06 (a) below, with the regular monthly dues remittance. The employee shall provide the Employer with current information and kept updated on timely basis as condition of employment In order that the Company may have definite instructions as to what amounts are to be deducted for the above purpose, it is agreed that the Union shall promptly notify the Company, in writing, over the signature of the Financial Secretary of the Local Union, of the amount of the deduction to be made by the Company for regular Union dues and the Company shall have the right to rely on such written notification until it receives other written notification form the Union signed with the same formality The Company, in making the aforesaid deduction, shall have the right to rely upon the signed authorization cards in its possession or furnished to it. The Union agrees to defend and hold the Company completely harmless against all claims, demands, and expenses, should any person at any time contend or claim that the Company has acted wrongfully or illegally in making such check-off deductions The Company agrees to show the amount of union dues deductions on the employees' T4 slips at the end of each calendar year. (a) The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of (remit@ufcw175.com) or on a computer diskette as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel Quattro Pro, Lotus or other software program acceptable and adaptable to the Union. The spreadsheet will be in a format mutually agreeable to both parties and the Company will provide the following current information as known to the Company. 1. S.l.N. 2. Employee number if applicable 3. Full name (Last, First, Initials). 4. Full address, including City and Postal Code. 5. Telephone number (including area code). 6. Date of hire. 4

5 7. Rate of pay. 8. Classification. 9. Full-time or part-time designation. 1 O. Union dues deducted (or the reason a deduction was not made). If dues are deducted weekly, report requires five (5) columns for reporting. 11. Total dues deducted. 12. Initiation fees deducted. 13. Total Initiation fees deducted The Union acknowledges that members of management regularly perform duties also performed by members of the bargaining unit. The Company agrees that it will not alter its present practice regarding the work done by members of management nor use employees excluded from the bargaining unit for the purpose of causing a layoff or reduction of work for bargaining unit employees. Article 3 - Basic Work Week 3.01 The basic work week shall consist of forty-two point five (42.5) hours per week consisting of daily shifts comprising of eight and a half (8Y2) hours worked spread over a maximum of five (5) days and with two (2) scheduled days off Meal periods shall be of at least one-half (Y:!) hour duration. It is agreed however that this period may be increased and/or reduced by mutual agreement between the Management and an individual employee Part-time Scheduling and Call-in: Part-time employees shall be scheduled work according to their seniority and the employee's availability, not to exceed twenty-four (24) hours per week The provisions of this Article 3 are not to be interpreted as a guarantee of, or a limitation upon the hours of work to be done per day or per week but shall serve to assist the parties in the computation of regular or overtime pay. Article 4 - Rest Periods 4.01 (a) Employees scheduled three (3) hours or more in any one (1) day shall receive one (1) rest period with pay. Employees scheduled five (5) hours or more in any one (1) day shall receive two (2) rest periods with pay. Employees scheduled eight (8) hours or more in any one (1) day shall receive two (2) rest periods with pay. Rest periods shall be fifteen (15) minutes duration and scheduled by the Company as near as practicable to the midway point of the work period. The Company agrees to provide an uninterrupted, unpaid lunch or supper period. The Company shall schedule such lunch or supper period as near as practicable to the midpoint of the scheduled shift. 5

6 (c) In no event shall an employee be required to take rest period within one (1) hour of his starting or quitting time or within one (1) hour o his meal period No employee shall work more than five (5) hours without getting a meal break The Company agrees not to schedule an employee's lunch period prior to the completion of two and one-half (2%) hours of work Employees, when required to report for work and not sufficient work is available, shall be guaranteed four (4) hours' pay in lieu thereof, at their regular hourly rates of pay. This Article 4.04 does not apply where the Employer is unable to provide work for any employee because of fire, lightning, power failure, storms or similar causes beyond the control of the Employer resulting in the stopping of work or where the Employer has attempted to contact the employee before the scheduled start of the employee's shift The Company shall provide each location with time sheets, time clocks, or other recording systems in order to enable employees to record their time for payroll purposes. Article 5 - Wages 5.01 The minimum hourly rate of wages for all employees coming under this Agreement shall be as per Appendix "A" of this Agreement, provided that where an individual employee's weekly or hourly wage is higher, such wage or hourly rate of wages shall not be reduced by reason of this Agreement. The rates of pay provided in Appendix "A" are minimum rates and apply to the job classifications and not to the individual. Article 6 - Overtime 6.01 Overtime will be paid at the rate of time and one half (1 %) the employee's regular hourly rate for all time worked in excess of forty-two and a half (42.5) hours per week. There shall be not pyramiding of overtime hours The following procedure will be used for overtime: (a) Emergency Overtime: Shall be equitably distributed, starting with the most senior employee on the current working shift. If there are no volunteers, the Company shall have the right to request the less senior employee to work. Planned Overtime: Employees called in for "Planned Overtime" will be according to seniority. 6

7 Article 7 - Holiday Pay "Planned Overtime" would be considered to be forty-eight (48) hours in advance. Anything less than forty-eight (48) hours would be considered, "Emergency Overtime". If there are no volunteers the Company shall have the right to request the less senior employee to work There shall be nine (9) paid holidays for regular employees during the term of this Agreement. These holidays are as follows: Civic Holida Good Frida In addition to the aforementioned holidays, the Company agrees to grant any other day or part day proclaimed by the Federal or Provincial Government as paid holidays for the purpose of this Agreement. The above holidays shall be observed on the day general recognized in the area. In order for an employee to receive Statutory Holiday Pay, he must not have been voluntarily absent from work on the scheduled work day prior to and following such holiday If an employee is required to work on one (1) of the abovementioned holidays, he shall receive time and one-half (1 %) his regular rate for all hours worked, in addition to this regular holiday pay Employees shall be given the opportunity of working on paid holidays on the basis of their seniority at the location. Work on paid holidays shall be on a voluntary basis. The Company shall have the right to schedule the required number of employees by reverse seniority at the location, if enough volunteers are not found In a week in which one (1) Statutory Holiday occurs, the normal basics work week for employees shall be reduced by eight and a half (8.5) hours for said holiday. In a week in which two (2) Statutory Holidays occur, the normal basic work week for employees shall be reduced by seventeen (17) hours for said holiday Part-time Holiday Pay: Part-time employees who average twenty (20) hours per week in the four (4) weeks preceding the week of the paid Holiday shall receive a minimum of four (4) hours' paid holiday pay for each of the paid holidays listed in Article 7.01 of this Agreement. 7

8 Article 8 - Vacations 8.01 Any regular employee with six (6) months' continuous service prior to June 30th, shall be entitled to one (1) week's vacation pay at four percent (4%) of earning s calculated up to June 1st. Regular employees with less than six (6) months' service as of May 31st, shall be entitled to four percent (4%) vacation pay for all time worked calculated up to May 31st Regular employees shall receive vacation time off with pay as described below. The vacation qualifying date shall be June 1st of each year. (a) One (1) Year of Service Two (2) weeks vacation with pay at his/her regular rate of pay or four percent (4%) of gross earnings, whichever is greater. Five (5) Years of Service Three (3) weeks vacation with pay at his/her regular rate of pay or six percent (6%) of gross earnings, whichever is greater. {c) Ten (10) Years of Service Four (4) weeks vacation with pay at his/her regular rate of pay or eight percent (8%) of gross earnings, whichever is greater. (d) Twenty (20) Years of Service Five (5) weeks vacation with pay at his/her regular rate of pay or ten percent (10%) of gross earnings, whichever is greater When a holiday occurs during an employee's vacation, an extra day's vacation pay will be paid Vacation Schedule: (a) A vacation request form will be posted at least two (2) months in advance of April 30th; and all employees who are entitled to request vacations shall indicate on the forms the dates they wish to have vacations. Employees' vacation shall be scheduled in accordance with seniority. However, after said postings, any further scheduling shall be on a "first come, first served" basis. Subject to the provisions in the Employment Standards Act, any employee will be limited to two (2) consecutive weeks of vacation at any given time, in any given year. 8

9 Article 9 - Management Rights 9.01 Except as, and to the extent specifically modified by this Agreement, all rights and prerogatives which the Company had prior to the execution of this Agreement are retained by the Company and remain exclusive and without limitation within the rights of the Company and its management. Without limiting the generality of the foregoing, the Company's rights shall include: (a) (c) the right: to maintain order, discipline and efficiency; to make, alter and enforce, from time to time reasonable rules and regulations, policies and practices, to be observed by its employees, to discipline and discharge employees for just cause; the right: to select, hire and control the working force and employees; to transfer, assign, promote, demote, classify, lay off, recall, suspend and retire employees; to plan, direct and control plant operations; to select and retain employees for positions excluded form the bargaining unit and to transfer employees into the bargaining unit; the right to determine: the location and extent of its operations and their commencement, expansion, curtailment, or discontinuance; the direction of the working forces; the standards of production; the subcontracting of work; the methods, processes and means of performing work; job content and requirements; quality and quantity standards; the machinery and equipment; whether there shall be overtime work; the number of employees needed by the Company at any time and how many s.hall operate or work on any job, operation, or location, the number of hours to be worked; starting and quitting time. And generally, the right to manage the enterprise and its business without interference are solely and exclusively the right of the Company. Article 10 - Employee & Union Co-Operation The employee agrees to uphold the rules and regulations of the Company in regard to punctual and steady attendance, proper notification in case of absence, conduct on the job, and all other reasonable rules and regulations, established by the Company The employees agree to cooperate with the Company in maintaining and improving safe working conditions and good housekeeping of the working area and caring for equipment and machinery The Union agrees to cooperate; if requested by the Company, in correcting inefficiencies of its members which might lead to discharge. The parties agree to have a Joint Labour-Management Committee made up of one (1) from the management and one (1) from the bargaining unit. There 9

10 shall be quarterly meetings and the meetings shall be held at a time and place fixed by mutual agreement. The Committee will meet to discuss matters of mutual concern. (a) (c). The Company agrees that it will not discriminate against any employee for reporting to the Union the violation of any provisions of the Agreement or for performing services on a Union Committee outside working hours. Both parties agree to adhere to the provisions of the Ontario Human Rights Code. NO SEXUAL I AND OR WORKPLACE HARASSMENT The Company and Union agree that the location covered by this agreement should be free of sexual workplace harassment and the Company and the Union agree to co-operate with each other in preventing and eliminating sexual workplace harassment (a) The Company agrees to recognize one (1) appointed or elected representative of the Union, who shall be seniority employee and shall be known as the Union Steward, plus one (1) alternate in the absence of the Steward. (c) The Union will inform the Company in writing of the names of the stewards and of any subsequent change thereof. Failure to inform the Company in writing shall mean that the Company shall not be obliged to recognize such stewards. Authority of Steward: the authority of the Steward designated by the Union shall be limited to and shall not exceed the following duties and activities: I. Investigation and presentation of grievances in accordance with provisions of the Agreement during his working hours, without pay after one-half (1h) hour, upon appointment with his supervisor or the Company's representative. II. Ill. The transmission of such messages and information which shall originate with and are authorized by the business agent, provided such messages and information have been put in writing or, if not in writing, are of a routine nature an do not involve work stoppages, slowdowns or any other interference with the Company's business. The Company agrees to afford the steward(s) up to fifteen (15) minutes to meet new employees and acquaint them to the fact there is Collective Agreement in effect and to generally welcome the new members(s) to the Bargaining Unit. 10

11 IV. The Union will encourage stewards to attend training courses so that they may better understand their role and the collective agreement. V. It is understood that a Steward appointed under this Article must obtain permission from his manager before leaving his duties or his branch to attend to the duties outlined in this Article, such permission not to be unreasonably withheld. It is understood that Company vehicles shall not be used by Union Stewards to conduct Union business Negotiation: (a) (c) It is agreed that the Negotiating Committee for the bargaining unit shall be composed of one (1) employee. The Company will pay lost time for half of the committee, the Union will pay the other half. Meeting Rooms: Unless otherwise supplied by either Party a room at no costs, the Parties agree to equally share the cost of the meeting rooms for all negotiations, including conciliation, mediation Party a room at no cost Cost of Printing Collective Agreement: The Parties agree to equally share the costs of the printing of the Collective Agreements with an Employer maximum cost of one hundred ($100.00) dollars Should any new job classification or classifications become necessary during the term of this Agreement, the parties agree that the rate of pay for such new classification shall be negotiated between them; provided, however, that in the event the parties are unable to agree, the employee shall work at whatever rate shall be set by the Company and the matter shall be submitted to final offer selection arbitration, and the parties shall abide by the result of the arbitration A seniority employee shall have the right to have a Union Steward present at any formal meeting with management the purpose of which is to discipline or discharge the employee including any meeting involving discipline or discharge related to performance. Where a seniority employee is suspended or discharged, the employee shall have the right to consult a Union Steward before attending any meeting with management. If a Union Steward is not immediately available the employee shall leave the premises and the Company will inform the Union of the suspension or discharge. A meeting will be arranged within the next two (2) business days at which time the discipline will be formally issued. The employee and the Union Steward shall attend such meeting. The Union Steward shall leave the meeting if requested to do so by the employee. 11

12 Article 11 - Discharge of Employees Subject to Arbitration If an employee is of the opinion that there has been an improper dismissal and same is not adjusted by mutual agreement and the Union has submitted to the Company a grievance in writing signed by the employee concerned, then such dismissal may constitute a grievance to be adjusted through utilizing the procedure under the Grievance and Arbitration sections of this Agreement. This section does not apply in the case of any dismissal of an employee for any reason whatsoever where such employee has not completed his probationary period or where any employee has been found unacceptable to the Company's Bonding Policy. The dismissal of an employee during his probationary period shall be for cause or for no cause, and is at the sole discretion of the Company. A notice will be given to the Union upon termination of an employee who the Bonding Company refuses to bond. Article 12 - Notice Required or Pay Required In Lieu of Notice in Cases of Dismissal In the event a seniority employee is permanently laid off and/or terminated other than for just cause, such employee shall be entitled to the notice, or pay for same period in lieu of notice as per the Employment Standards Act. It is understood that the aforementioned notice requirements shall not be required if such employee has been hired for a definite term or task; has been temporarily laid off; has been terminated for just cause; or has been offered reasonable alternate work. Article 13 - Leave of Absence Leave of Absence shall mean an absence form work requested by an employee and consented to by the Company. Leave granted shall be writing covering a specified period of time. Leave of Absence shall be permissive only and shall be without pay or any other form of compensation, and the employee shall not work in any other position, except for such positions referred to in Article herein, during such Leave of Absence unless agreed to by the Company in writing The Company may grant Leave of Absence to any employee for legitimate personal reasons The Company agrees to allow time off work without pay for one (1) delegate elected to attend Union Conventions or designated to attend negotiations for a period of not more than twenty (20) working days a year. Requests for more than two (2) weeks' notice in regards to such request to attend conventions. 12

13 13.04 Any such Leave of Absence will be in writing and no such Leave of Absence will affect any employee's seniority rights when used for the purpose granted provided he returns to work at the expiration of his leave The Company agrees to grant time off without pay and with no discrimination to not more than one (1) employee designated by the Union for a maximum of six (6) months or a longer period as may be mutually agreeable, to serve in any capacity of official Union business. Any employee who has been granted Leave of Absence to serve the Union in an official capacity shall neither lose nor gain seniority upon his returning to work Leaves of absence as indicated in Article 13.01, 13.02, 13.03, 13.04, and shall not be withheld in an arbitrary manner. Article 14 - Jury Duty Each employee who is summoned to and reports for jury duty, as prescribed by applicable law, (subject to the eligibility requirements set out below) shall be paid by the Company the difference between the employee's regular base rate exclusive of premiums for the number of hours that he otherwise would have been scheduled to work and the daily jury duty fee paid by the Court (not including traveling allowance or reimbursement of expenses). In order to. receive payment under this section, an employee must meet all of the following eligibility requirements: a) the employee shall notify the Company of his Court commitment prior to the preparation of the schedule for the week involved; b) the employer shall furnish satisfactory evidence to the Personnel Manager that he reported for and performed jury duty on the days for which he claims payment; and c) the employee would otherwise have been scheduled to work for the Company on the day or days for which he claims payment. Article 15 - Bereavement Pay Employees shall be granted time off from work with pay to a maximum of three (3) consecutive scheduled work days, in the event of a death in the immediate family, the length of such leave shall be determined by the Company provided the employee attends the funeral. The term "immediate family" shall mean spouse, parent, child, brother, sister, mother-in-law, fatherin-law, common-law spouse, or grandparent In addition to the above, the Company agrees to grant employees the necessary time off from work with pay, to a maximum of one (1) full day at the time of the death of the employee's brother-in-law or sister-in-law or son-inlaw or daughter-in-law, provided the employee attends the funeral. 13

14 15.03 Part-time employees if previously scheduled to work on the day in question shall be granted one (1) day of with pay in the event of a death in the family as long as the employee attends the funeral. "Family" shall mean spouse, parent, child, brother or sister, mother-in-law or father-in-law, grandparents, brother-in-law or sister-in-law or son-in-law or daughter-in-law or common-law spouse. Article 16 - No Strike or Lockout The Union undertakes and agree that while this Agreement is in operation neither the Union nor any employee shall take part in or call or encourage any strike, picketing, sit down, slowdown, or any suspension of or stoppage of or interference with work or production which shall in any way affect the operations of the Company, nor shall there be any sympathy strikes or secondary boycotts, and the Company agrees that it will not engage in any lockout during the term of this Agreement. Article 17 - Seniority (a) Seniority shall be defined as the length of continuous employment with the Company in the bargaining unit. Seniority shall be effective only after a full-time employee has completed a ninety (90) working days probationary period and shall be computed from the date of his first employment. Seniority shall be effective only after a part-time employee has completed a one hundred and twenty (120) calendar day probationary period and shall be computed form his first day of employment. As of Date of Ratification (June 19 1 h, 2014) Seniority shall be defined as the length of continuous employment with the Company in the bargaining unit. Seniority shall be effective only after the employee has completed their probationary period and shall be computed form his first day of employment. The probationary period for both full and part time employees shall be six calendar months. An employee's probationary period may be extended by mutual consent (a) Seniority shall be the governing factor in matters of demotion, layoff, reduction to part-time, re-hire after layoff provided the employee has the capability and willingness to perform the work required. In cases of filling permanent job vacancies and promotions, the following factors shall be considered: I. seniority; II. general knowledge of the business and ability. Where the factors in (ii) are relatively equal, than (i) shall be the governing factor. 14

15 (c) All vacancies will be posted for five (5) working days at this location Termination of employment and loss of seniority shall result if the employee: a) b} c) d) e) f) is duly discharged for just cause by the Company' voluntarily quits or resigns; has been laid off continuously for a period of more than twelve (12) months; is called back to work after a layoff and does not return within two (2) weeks of such notification by the Company by registered letter to the last known address of the employee; fails to return to work on the completion of an authorized vacation, or Leave of Absence unless such failure is due to provable sickness; and is absent for three (3) consecutive working days without notifying the employer Any employee transferred or promoted to a position outside the bargaining unit shall lose all seniority rights under the Collective Agreement six (6) months after the date of the transfer out of the bargaining unit The Company, when reducing hours of work, agree they will not reduce the regular scheduled hours of the full-time employee for the purpose of replacing such hours with part-time Full-time employees reduced to part-time status will maintain their seniority and their full-time rate of pay For the purposes of seniority, when a part-time employee is promoted to fulltime status, the following method of calculating wage and seniority will be utilized: For every one hundred and sixty (160) hours worked, the employee will be credited with one (1) month's seniority Employees will be placed on the seniority list based on their length of continuous employment with the Company In reference to layoff and recall due to shortage of work the following will be observed, the Employer will first layoff probationary employees, then Part time and finally full time employees in order of seniority. Recalls will be done in reverse order of seniority. Article 18 - Adjustment of Grievances Any complaint, disagreement or difference of opinion between the Company and the Union or the employees covered by the Agreement which concerns the interpretation, application, operation, or alleged violation of the terms and provisions of this Agreement, shall be considered as a grievance. 15

16 18.02 Any employee, the Union or the Company may present a grievance. Any grievance which is not presented within ten (10) days following the event giving rise to such grievances, or within ten (10) days from the time the circumstances upon which the grievance is based were known, or should have been known, to the griever, shall be forfeited and waived by the aggrieving party All grievances except those submitted by the employee to his immediate supervisor shall be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved party, the Company shall then reply in writing to the Union's letter setting forth its answer to the points raised by the Union The procedure for adjustment of grievances and disputes by an employee shall be as follows: STEP ONE: by a discussion between the employee and the Union Steward an the employee's immediate superior and/or Manager. If a satisfactory settlement cannot be reached within five (5) days, then upon the response from the Company: STEP TWO: the Union representative(s) may take the matter up with the Company's official(s) designated by the Company to handle, labour relation matters. If a satisfactory settlement cannot be reached, then within thirty (30) days from the date the Step 2 response has been received from the Company, the matter may be referred to the Arbitration Board as hereinafter provided. Article 19 - Boards of Arbitration If the Union and the Company representatives cannot reach an adjustment, upon request of either party the grievance shall be submitted to a Board of Arbitration composed of three (3) members or a Chairperson only if agreeable to both parties. The Company and the Union shall each select one (1) member and the third member shall be elected by a mutual agreement of the two (2) members first elected. The third member shall be impartial and possess skill and knowledge of labour management relations. The third members shall act as Chairperson of the Board. If agreement cannot be reached within seven (7) days in respect to the appointment of the Chairperson of the Board of Arbitration, the matter shall be referred to the Ministry of Labour of the Province of Ontario who shall appoint one. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. 16

17 The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation that it deems essential to a full understanding and determination of the issues involved. In reaching its decision, the Arbitration Board shall be governed by the provisions of this Agreement. The findings and decision of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on all parties. It is the intention of the parties that this article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this article. The expense of the Chairperson of the Board shall be borne equally by the parties to the Arbitration. Article 20 - Benefits The Company agrees to continue the Health and Welfare programs presently in effect under the same payment conditions as outlined in the "Group Plan Booklet and Attachments", as amended from time to time. The Company agrees to pay one hundred percent (100%) of the premiums for the programs. The Union will be provided copies of these programs. Employees will be responsible for payment of premiums for Long Term Disability. (a) Vision Care The Company agrees to pay 100% of the premium cost for each full-time employee effective the first of the month upon completion of six (6) months of continuous service. Coverage - maximum two hundred dollars ($200.00) every two (2) years for new or changed prescriptions for employees only effective April 22, For employees who have completed one (1) year of service with the Company, the Company agrees to pay fifty percent (50%) of the required OHIP premiums for its full-time employees. Should the Ontario Government revert back to a premium paid health plan, negotiation would take place at that time, and would temporarily revert back to original agreement. (a) Pregnancy and Parental Leave: To be as per Employment Standards Act, December The Company agrees to provide Maternity and Parental leave in accordance with the ESA of Ontario. 17

18 20.03 Paid Sick Time: After six (6) months of full-time service, full-time employees shall be credited with two (2) sick days with pay and after a full year of full-time service, they shall be credited with an additional two (2) sick days with pay. As of January 1st in any given year, after six (6) months of full-time employment, an employee shall be credited with three (3) sick days with pay and after a full year of full-time service they shall be credited with an additional four (4) sick days with pay. Effective January 1st, 2006, of each year, the full-time employees shall again be credited with eight (8) sick days, with pay. Said sick days shall not be cumulative from year to year. The employee may be able to use these casual paid sick days at any time during the year. Any unused sick days for the twelve (12) months ending December 1st of each year will be paid out to that employee at one hundred percent (100%) of their current wage, in the last pay period previous to December 25th Pension Plan: The Company agrees to allow all employees to enroll in the Company Pension Plan as explained in the Company Benefit Booklet "A Pension Plan Description for Employees". Article 21 - Union Representative Visit The authorized Union Representative or representatives shall be permitted to talk with any employee regarding Union matters, during regular working hours. All interviews in excess of fifteen (15) minutes shall not be on Company time. It is understood that such representatives shall first notify the supervisor of their presence. Article 22 - Bulletin Boards The Company agrees that during the term of this Agreement, it will make space available to the Union on the existing bulletin board in each of its branches, for the purpose of posting notices directly relating to the employees of that branch. All notices must receive prior Management approval before posting. Such Management approval shall not be unreasonably withheld. Article 23 - Apparel The Company shall supply employee with proper uniforms. The Company will further supply those employees working in cold temperatures with jackets, hats, winter parkas, maintained where required by the Company. 18

19 Employees will be permitted their own turtle neck sweaters as part of their uniform if they choose to do so provided such turtlenecks are worn underneath the approved uniform. The Company agrees to provide a safety shoes (CSA approved only) allowance of up to one hundred dollars ($100.00) per year on presentation of appropriate receipt. Such safety shoes are to be worn at all times. The Company will continue to provide hearing protection. The employees will be given this hearing protection on an annual basis and will be responsible for the equipment. The Company will replace this equipment provided the need to replace is through no fault of the employee (a) Employees shall present themselves for work with a neat and clean appearance and in accordance with the Company's Dress Code and Uniform Policy. Article 24 - Charitable Donations While the Company and the Union are fully in favour of charitable causes, it is agreed that employees' donations to charity funds shall be on a strictly voluntary basis. Article 25 - Decent Language The employer and the employees, in their relations with one another and with their clients, and the public, shall at all times, use polite and decent language The parties agree to collaborate with a view to rapidly correcting any situation where impolite language would be brought to their attention. Article 26 - Health & Safety (a) Advances in Cases of Working Accidents: In the event an employee is unable to complete his shift, such employee shall be paid by the Employer for the remaining hours of the shift which he would have worked except for the accident. The aforesaid payment is conditional upon the continuation of the present situation whereby the Workers' Compensation Board of Ontario does not pay compensation for the first day of an industrial accident. The employee will provide the Company from time to time with updated medical information and expected date of return. 19

20 26.02 Joint Health and Safety There shall be a Health and Safety Committee. The Health and Safety Committee shall be composed of at least one (1) member of Management and one (1) bargaining unit employee elected or appointed by the Union. The Committee shall meet at least once every three (3) months. Minutes of the meetings shall be kept and shall be posted along with the names of the members of the Committee The Health and Safety Committee will from time to time review further needs for personal protection equipment which may apply in the work environment and if deemed necessary and approved through the Health and Safety Steering Committee, said protection will be provided by the Company. Article 27 - Medical Absence and Medical Leave An employee who is absent from work as a result of illness or injury whether work related or otherwise for a period of time longer than three (3) consecutive days, or more than five (5) non-consecutive days in a three (3) month period may be required by the Company to furnish appropriate medical evidence of such illness or injury. In the event of an employee being off work for an extended period of time, such employee may be required from time to time to provide medical evidence to the company of such employee's medical condition. In the event the Company disputes such medical evidence, the employee will be referred to an independent medical examiner mutually agreeable to the Company and the Union and the opinion of such independent medical examiner shall be binding on all parties, including the employee. The Company shall be responsible for paying the cost of such examination. The employee will be reimbursed for any lost time from work resulting from such examination. Article 28 - General The Company will provide the Union with a seniority list, updated each January and July of each year The Employer agrees to provide lockers for all employees and a sink for washing up. 20

21 Article 29 - Duration This agreement shall become effective on the 22nd day of April, 2014, and shall remain in full force and effective until the 2P 1 day of April, 2017, and thereafter shall continue to operate for successive terms of one (1) year unless either party gives to the other written notice of termination or of its desire to bargain with a view to the renewal of the Agreement or the making of a new Agreement. Such written notice may be given within ninety (90) days before this Agreement ceases to operate The parties will endeavor to meet within thirty (30) days of such notice being received The Parties will endeavor to sign the Collective Agreement within thirty (30) days of ratification by the Union. Signed on the ~ day of N D\f lw\ D~(, 2017 For the Union For the Company 21

22 APPENDIX "A" SERVICE ATTENDANTS 22-Apr Apr Apr-19 START $11.40 $11.40 $ MONTHS $12.55 $12.80 $13.05 CASHIER (FT and PT) START $11.40 $11.40 $ MONTHS $12.75 $13.00 $13.25 PART-TIME START $11.40 $11.40 $ MONTHS $12.55 $12.80 $13.05 Wages in year one will be retroactive to the expiration of the current agreement. 22