COLLECTIVE AGREEMENT

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION,

LOCAL 175, AFL-CIO-CLC . .

and:

Expiry: April 14, 2006

OFFICE OF

DEC. 0 4 Z003 COLLECTIVE BARGAINING

INFORMATION

PARK N FLY

ALE No. £ f r'f-{}o<f-~ CERT. fiLE 0 7 4--'6- I C1'J6 -{!_

CERT.DATE I~-J~1'11l TOTALEMPS //0 EFF.OATE /5 -/tfi(-Jpo 3

liXP .. OATE /lf-Prn~-~ b CODING CONTROL DATE C<lpER

!_DENT COOE!L_ /)"'j lllfe_ bf RECEIVED • - -,1 Q.ec: 11 zero 0

UNION _l{ EMPLOYER j OTHER

' .

ARTICLE

1 2 3 4 5 6 7 8 9 10 1 1 12

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

TABLE OF CONTENTS

PAGE NUMBER

Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Union Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Basic Work Week . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Rest Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Wages ....................................... 5 Overtime ..................................... 5 Holiday Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Employee and Union Co-operation . . . . . . . . . . . . . . . . . . 9 Discharge of Employee Subject to Arbitration . . . . . . . . . . 12 Notice Required or Pay Required in Lieu of Notice in Cases of Dismissal . . . . . . . . . . . . . . . . . . . . . . 12 Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Jury Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Bereavement Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 No Strike or Lockout . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Semonty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Adjustment of Grievances . . . . . . . . . . . . . . . . . . . . . . . . 16 Board of Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Business Agents' Visits . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Bulletin Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Apporel ..................................... 19 Charitable Donations ........................... 20 Decent Language and Behaviour ................... 20 Health and Safety .............................. 20 Medical Absence and Medical Leave ................ 21 General ..................................... 22 Duration ..................................... 22 Letter of Understanding - Damage to Vehicles . . . . . . . . . 24 Letter of Understanding- UFCW Training and Education . 24 Letter of Understanding - Dues and Initiation Report . . . . . 24 Letter of Understanding - Theft of and from Vehicles . . . . 24 Appendix A -Wages ............................ 25

BETWEEN:

AND:

COLLECTIVE AGREEMENT

PARKNFLY Hereinafter referred to as the "Company"

OF THE FIRST PART

UNITED FOOD & COMMERCIAL WORKERS, LOCAL 175, Chartered by the United Food & Commercial Workers

International Union, AFL-CIO-CLC 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 cooperation and spirit of good will between the Company and its employees, to provide machinery for the prompt disposition of grievances arising under this Agreement. The Union recognizes that in order to provide a proper relationship between the parties, the Company must be kept in a strong competitive market position, which means it must produce at the best possible efficiency and lowest cost, and highest possible service to customers, consistent with fair labour standards, and the Union agrees to support the Company in attaining such objectives.

ARTICLE 1 - RECOGNITION

1.01 The Company recognizes the Union as the sole collective bargaining agent for all employees of the Company servicing the Lester B. Pearson Airport, save and except supervisors, persons above the rank of supervisor, office and sales staff.

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 employment. 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.

1

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 from the employees, the Company agrees to forward such forms on the employees' behalf to the Union within ten (1 0) 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 the date of ratification of this Agreement.

2.02 All employees will be deducted the appropriate dues and initiation fees from their first day of employment.

2.03 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 dues shall be remitted to the Union, in the format in Article below, prior to the· fifteenth (15) of the month following the month in which such deduction is made.

The Employer shall collect 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 (B) below, with the regular monthly dues remittance.

The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of e-mail (remit@ufcw 175.com) or on a computer diskette as well as a hard copy fo 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 provided by the Union and the Company will provide the following current Information: as known to the company.

1. S.I.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 7. Rate of pay 8. Classification 9. Full-time or part-time designation 10. 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

2

12. Back dues owing 13. Vacation pay breakdown of dues owing 14. Initiation fees deducted 15. Total Initiation fees deducted

2.04 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 from the Union signed with the same formality.

2.05 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.

2.06 The Company agrees to show the amount of union dues deductions on the employees' T4 slips at the end of each calendar year.

2.07 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 lay off or reduction of work for bargaining unit employees.

ARTICLE 3- BASIC WORK WEEK

3.01 The provisions of this Article 3.01 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.

The regular work shift for full time employees not working on continental shift shall be to a maximum of nine (9) hours per day worked five days out of seven.

For employees working on continental shift, such shift shall consist of six days worked to a maximum of nine (9) hours per day, followed by three days off.

The Company agrees to consult with the union before changing existing shift schedules.

3

3.02 Meal periods shall be of at least one-half(\/,) hour's duration. It is agreed however, that this period may be increased and/or reduced by mutual agreement between the Management and an individual employee.

3.03 Part-time Scheduling and Call-in:

Part-time employees shall be scheduled or called in to work according to their seniority and the employee's availability.

3.04 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.

3.05 Work Schedules

The Company will provide to the Business Representative of the Union a copy of the posted work schedule which is completed on Friday at the end of the week, will provide a list of any temporaries used during the course of that business week.

ARTICLE 4 - REST PERIODS

4.01 (a) The Company agrees to use its best efforts to provide employees scheduled three (3) hours or more in any one (1) day one (1) rest period with pay whenever possible. Where such rest period is not possible, the Company agrees to pay fifteen additional minutes at regular time in lieu of such rest period.

(b) Employees scheduled six (6) hours or more in any one (1) day shall receive at least one (1) rest period with pay. The Company agrees to use its best efforts to provide such employees a second rest period with pay whenever possible. Where such second rest period is not possible, the Company agrees to pay fifteen additional minutes at regular time in lieu of such rest period

(c) 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.

(d) 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. Those persons working alone in a Kiosk will receive a paid lunch or supper period.

(e) In no event shall an employee be required to take a rest period within one hour of his starting or quitting time or within one (1) hour of his meal period.

4

4.02 No employee shall work more than five (5) hours without getting a meal break.

4.03 The Company agrees not to schedule an employee's lunch period prior to the completion of two and one-half(2 Yz) hours of work.

4.04 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, airport shutdown 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.

If part-time employees are called in to work, they shall be guaranteed three (3) hours' pay.

4.05 The Company shall provide 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.

5.02 Travel Time:

Any employee who is transferred, at the request of the Company, from one (I) location to another during the regular working day, shall be paid his or her regular hourly rate for all travel time.

ARTICLE 6 ·OVERTIME

6.01 Overtime will be paid at the rate of time and one half (1· 1/2) the employees regular hourly rate for all time worked in excess of forty two and one half ( 42 Yz) hours per week. There shall be no pyramiding of overtime hours.

6.02 The following procedure will be used for overtime:

5

(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 require the less senior employee to work.

(b) Planned Overtime:

Employees called in for "Planned Overtime" will be according to seniority. "Planned Overtime" would be considered to be 17 hours in advance. Anything less than 17 hours would be considered "Emergency Overtime." If there are no volunteers the Company shall have the right to require the less senior employee to work.

ARTICLE 7 - HOLIDAY PAY

7.01 There shall be nine (9) paid holidays for regular employees during the term of this Agreement. These holidays are as follows :

Victoria Day Labour Day Boxing Day

Canada Day Thanksgiving Day New Year's Day

Civic Holiday Christmas Day Good Friday

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 generally recognized in the area.

In order for an employee to receive Statutory Holiday Pay, he must not have been absent from work on the scheduled work day prior to and following such holiday.

Notwithstanding the foregoing, if an employee is absent from work on one of the two qualifYing days for reasons acceptable to the Company as being beyond the control of the employee, the employee shall be eligible for holiday pay. It is understood that short term illness, transportation problems and other similar reasons for absence will not normally qualifY as reasons acceptable to the Company for such absence for the purpose of this Article 7. 0 I.

7.02 If an empfoyee is required to work on one (I) of the above mentioned holidays, he shall receive time and one-half (1-112) his regular rate for all hours worked, in addition to his regular holiday pay.

6

7.03 The Company shall schedule employees to work their regular shifts on such paid holiday. However, an employee who wishes the day off shall inform his supervisor in writing at least two (2) weeks in advance of his desire for such day off. The Company will then allow other employees to volunteer for such work in order of their seniority. The Company shall have the right to schedule the required number of employees by reverse seniority, if enough volunteers are not found.

7.04 In a week in which one (I) Statutory Holiday occurs, the normal basic work week for employees shall be reduced by eight (8) 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 sixteen (16) hours for paid holidays.

7.05 Part-time Holiday Pay:

Part-time employees are employees who are regularly scheduled to work on average thirty (30) or less hours per week. Part-time employees who average twenty (20) hours per week or more 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 7.0 I of this Agreement.

ARTICLE 8- VACATIONS

8.01

8.02 a)

A regular employee shall be entitled to one (I) week's vacation once they have completed six ( 6) months' employment. They shall receive the vacation pay they have accumulated up to the time they take such vacation calculated at the rate of four percent ( 4%) of all wages earned prior to taking such vacation. The vacation year for each employee will be the period of one year commencing on the date of original hire, or the anniversary of such date.

Regular employees shall receive vacation time off and shall earn vacation pay as described below.

I. One year of service: after completion of one (I) full year of service, an employee shall be entitled to take 2 weeks of vacation per year. The employee shall be entitled to take such two weeks of vacation each year and shall be paid all vacation pay earned at the rate of four percent (4%) of all wages earned since their last vacation taken.

2. Five years of service: after completion of five (5) full years of service, an employee shall be entitled to take 3 weeks of vacation per year. Vacation pay shall be calculated at the rate of six percent ( 6%) of all wages earned

7

after the date upon which the employee completes five (5) years of service. The employee shall be entitled to take such three weeks of vacation each year and shall be paid all vacation pay earned since their last vacation taken.

3. Ten years of service: after completion often (10) full years of service, an employee shall be entitled to take four ( 4) weeks of vacation per year. Vacation pay shall be calculated at the rate of eight percent (8%) of all wages earned after the date upon which the employee completes ten (10) years of service. The employee shall be entitled to take such four weeks of vacation each year and shall be paid all vacation pay earned since their last vacation taken.

4. Eighteen years of Service: after completion of eighteen (18) full years of service, an employee shall be entitled to take five ( 5) weeks of vacation per year. Vacation pay shall be calculated at the rate often percent (10%) of all wages earned after the date upon which the employee completes eighteen (18) years of service. The employee shall be entitled to take such five ( 5) weeks of vacation each year and shall be paid all vacation pay earned since their last vacation taken.

8.03 When a paid holiday or paid leave, other than a paid sick leave, occurs during an employee's vacation, an extra day's vacation pay will be paid.

8.04 Vacation Schedule:

A vacation request form will be posted at least two (2) months in advance of March 31" and all employees who are entitled to request vacations shall indicate on the forms the dates they wish to have vacations. Employees' vacations shall be scheduled in accordance with seniority. However, after said postings, any further scheduling shall be on a "first come, first served" basis.

8.05 Vacation Pay

Vacation pay will be paid on a separate cheque as per Article 8 ofthe Collective Agreement, providing the employee gives the written request to the Company at least two weeks in advance and the cheque will be paid on a normal pay date. Vacation pay will be a running total (amount earned- taken) on each pay stub by August 1'', 2003 or sooner if possible.

8

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 exclusively 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) 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;

b) 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 operations; to select and retain employees for positions excluded from the bargaining unit and to transfer employees into the bargaining unit;

c) 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 schedules of work and of production; the number of shifts; the methods, processes and means of performing work; job content and requirements; quality and quantity standards; the qualifications of employees, the use of improved methods, machinery and equipment; whether there shall be overtime work; the number of employees needed by the Company at any time and how many shall 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 AND UNION COOPERATION

10.01 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, e~tablished by the Company.

10.02 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.

9

10.03 The Union agrees to cooperate, if requested by the Company, m correcting inefficiencies of its members which might lead to discharge.

10.04 a)

b)

c)

10.05 a)

b)

c)

The parties agree to have a Joint Labour-Management Committee made up of two (2) from the management and two (2) from the bargaining unit. There 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.

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 WORKPLACE HARASSMENT

The Company and Union agree that the locations covered by this agreement should be free of sexual harassment and the Company and the Union agree to cooperate with each other in preventing and eliminating sexual harassment.

The Company agrees to recognize six (6) appointed or elected representatives of the Union who shall be seniority employees and shall be known as the Union Stewards. It is agreed that union stewards shall be selected so as to provide representation on each major shift.

The Union will inform the Company in writing of the names of the Stewards and of any subsequent change thereof. Failure to so inform the Company in writing shall mean that the Company shall not be obliged to recognize such Stewards.

Authoritv 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)

ii)

Investigation and presentation of grievances in accordance with the provisions of the Agreement during his working hours, without pay after one-half (Y>) hour, upon appointment with his supervisor or the Company's representative.

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 and do not involve work stoppage, slowdowns or any other interference with the Company's business.

10

10.06

10.07

10.08

10.09

iii)

iv)

v)

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 a Collective Agreement in effect and to generally welcome the new member(s) to the bargaining unit.

The Union will encourage stewards to attend training courses so that they may better understand their role and the collective agreement.

It is understood that a Steward appointed under this Article must obtain permission from his manager before leaving his duties 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.

It is agreed that the Negotiating Committee for the bargaining unit shall be composed of up to three (3) employees. The Company will pay loss time for half of the conunittee the Union will pay the other half.

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 tina! otier selection arbitration, and the parties shall bide by the result ofthe 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 will be 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 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.

When an employee has worked eighteen (18) consecutive months with no discipline being iss ned on his or her file, the Company agrees that any discipline prior to such 24-month period shall not be referred to in any subsequent discipline matter.

11

ARTICLE 11 -DISCHARGE OF EMPLOYEE SUBJECT TO ARBITRATION

11.01 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 probational 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

12.01 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

13.01 Leave of Absence shall mean an absence from work requested by an employee and consented to by the Company. Leave granted shall be in 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 13.06 herein, during such Leave of Absence unless agreed to by the Company in writing.

13.02 The Company may grant Leave of Absence to any employee for legitimate personal reasons.

13.03 If an employee is unable to report for work at the expiry of this absence, he shall, unless it is impossible to do so, notifY the Manager before the start of his next shift.

12

13.04

13.05

13.06

13.07

13.08

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 ten (1 0) working days a year. Requests for more than one (1) delegate shall be decided by mutual agreement between the Company and the Union. The Union will give the Company two (2) weeks' notice in regard to such request to attend conventions.

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 without 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 or gain seniority upon his returning to work.

Leaves of absence as indicated in Articles 13.01, 13.02, 13.03, 13.04, 13.05 and 13.06 shall not be withheld in an arbitrary manner.

Pregnancy and Parental Leave

Employees will be entitled to pregnancy and parental leave as per the Employment Standards Act, 2000. During such leave the Employer agrees to pay for the continuation of all benefits for the duration of the leave.

13.09 It is understood that all leaves of absence under this agreement including but not limited to, sick leave, personal leave, bereavement leave, whether paid or unpaid, provide a greater benefit to employees within the meaning os s.S (2) of the Employment Standards Act leave provided in part XIV and in section 50 of the ESA 2000,. Such that statutory emergency leave shall not apply to employees under this agreement.

ARTICLE 14- JURY DUTY

14.01 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 travelling allowance or reimbursement of expenses).

13

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 employee 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

15.01 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 or sister, mother-in-law, father-in-law, common-law spouse, grandparents or grandchildren.

15.02 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-in-law or daughter-in-law, provided the employee attends the funeral.

15.03 Part-time employees, if previously scheduled to work on the day in question, shall be granted one (1) day off 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

16.01 The Union undertakes and agrees that while this Agreement is in operation neither the Union nor any employee shall take part in or call or encourage any strike, picketing, sitdown, 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.

14

ARTICLE 17- SENIORITY

17.01 (a)

(b)

17.02 (a)

(b)

(c)

17.03

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 aninety(90) calendar dayprobationaryperiod 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 from his first day of employment.

Part-time employees, after working 160 hours would be considered as having one month's service for seniority purposes

Seniority shall be the governing factor in matters of demotion, layoff, reduction to part - time and rehire 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 ofthe business and ability.

Where the factors in (ii) are relatively equal, then (i) shall be the governing factor.

All vacancies will be posted for five (5) working days. However, such postings shall be limited to the original posting and one additional posting for any vacancy created as a result of filling the original posting.

Termination of employment and loss of seniority shall result if the employee:

i)

ii)

iii)

iv)

v)

is duly discharged 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 Leave of Absence and/or vacation unless such failure is due to provable sickness; and

15

vi) is absent for three (3) consecutive working days without notifying the employer

17.04 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.

17.05 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 or casual help.

17.06 Full-time employees reduced to part-time status will maintain their seniority and their full-time rate of pay unless such reduction is at the request of the employee.

17.07 For the purposes of seniority, when a part-time employee is promoted to full-time 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.

17.08 Employees will be placed on the seniority list based on their length of continuous employment with the Company.

17.09 The Company will post a seniority list updated every six (6) months.

ARTICLE 18 -ADJUSTMENT OF GRIEVANCES

18.01 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.

18.02 Any employee, the Union or the Company may present a grievance. Any grievance which is not presented within ten (1 0) days following the event giving rise to such grievance, or within ten (1 0) days from the time the circumstances upon which the grievance is based were known, or should have been known, to the grievor, shall be forfeited and waived by the aggrieving party.

18.03 All grievances except those submitted by the employee to his immediate superior shall be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved party, the Company, or the Union as the case may be shall then reply in writing to grievance setting forth its answer to the points raised by the grievance.

16

18.04 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 and the employee's immediate superior and/or manager within five days of the grievance being filed. If a satisfactory settlement cannot be reached within five (5) days, then upon the response from the Company:

STEP TWO: Within five ( 5) days of the date of the response from the Company, the Union representative(s) may take the matter up with the Company's official(s) desiguated by the Company to handle labour relations matters. If a satisfactory settlement cannot be reached, then within twenty (20) 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- BOARD OF ARBITRATION

19.01 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 chairman only if agreeable to both parties.

The Company and the Union shall each select one (I) member and the third member shall be elected by 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 member shall act as Chairman of the Board. If agreement cannot be reached within seven (7) days in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the Minister 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.

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. !1,1 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.

17

The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this article.

The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration.

ARTICLE 20- BENEFITS

20.01 (a)

20.01 (b)

20.01 (c)

20.02 (c)

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 100% of the premiums for these programs. The Union will be provided with copies of these programs. Employees will be responsible for payment of premiums for Long Term Disability.

Dental

Effective date of ratification July 18, 2003, the O.D.A. fee guide will be at 2000. Effective April14, 2005, the O.D.A. fee guide will be at 2002. Effective April14, 2006, the O.D.A. fee guide will be at 2003.

Vision Care

Vision care will be provided (eye glasses) in the amount of one hundred fifteen dollars ($115.00) over a twenty-four (24) month period for employees only. First month after date of Ratification, July 18, 2003.

Paid Sick Time:

Effective June 1st, 1997 employees who have completed six ( 6) months of full-time service, shall be credited with three (3) sick days with pay and employees who have completed a full year of full-time service, shall be credited with an additional three (3) sick days with pay on completion of such year of full time service.

On June 1st of each year, full-time employees with a full year of full time service 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 May 31st of each year will be paid out to that employee at one hundred percent (1 00%) oftheir current wage, in the pay period previous to June 15th. ·

18

20.03

20.04

If the Ontario Government introduces a individual premium paid health plan, the Company agrees to pay fifty•percent (50%) of the required O.H.I.P. premiums for all full time employees who have completed one year of service with the Company.

Pension Plan

The Company agrees to allow all employees to enrol in the Company Pension Plan as explained in the Company Benefit Booklet and "A Pension Plan Description for Employees".

ARTICLE 21 -BUSINESS AGENTS' VISITS

21.01 The authorized business agents 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

22.01 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 locations, for the purpose of posting notices directly relating to the employees. All notices must receive prior management approval before posting. Such management approval shall not be unreasonably withheld.

ARTICLE 23- APPAREL

23.01

23.02

23.03

The Company shall supply employees with proper uniforms. The Company will further supply those employees working in cold temperatures with jackets, hats, raincoats, winter parkas, maintained where required by the Company.

The Company agrees to provide a safety shoe allowance of up to eighty dollars ($80.00) effective July 18, 2003, per year to jockeys and bus drivers who have achieved seniority status on presentation of appropriate receipt. Such safety shoes are to be worn at all times.

All employees are to be in uniform at all times provided the Company has ensured the employee has been provided with the required uniform.

19

Although the Company has a set procedure regarding the issuance of uniforms, the Company agrees to replenish part of the uniform on an "as need" reasonable basis.

ARTICLE 24- CHARITABLE DONATIONS

24.01 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 AND BEHAVIOUR

25.01

25.02

25.03

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 and appropriate behaviour.

The parties agree to collaborate with a view to rapidly correcting any situation where impolite language or inappropriate behaviour is brought to their attention.

For the purpose of ensuring safety on the bus at all times, the driver will operate the radio when he or she feels it is safe to do so. It is also understood by all parties that the radio is strictly for business purposes.

The Company agrees that it is not the employees' responsibility to perform janitorial duties. The parties, however, recognize that all employees have some responsibility to maintain a clean work area.

Bus drivers will maintain their current practice of keeping their buses neat and tidy for their customers and co-workers.

ARTICLE 26- HEALTH AND SAFETY

26.01 (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.

20

(b)

26.02 a)

26.02 b)

The employee will provide the Company from time to time with updated medical information and expected date of return

Joint Health & Safetv Committee:

There shall be a Health & Safety Committee as per the Occupational Health and Safety Act of Ontario. The Health & Safety Committee shall be composed of at least two (2) members of management and two (2) bargaining unit employees 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 on a bulletin board, along with the names of the members of the Committee.

Anyone who has a Health and Safety concern shall contact his manager and the Health & Safety Committee. Such meeting shall be held during the employee's regular working hours.

Reinstatement under Workers' Compensation Act

The Company agrees to notifY the Union about any and all cases in which injured workers are being accommodated pursuant to the Workers' Compensation Act.

ARTICLE 27: MEDICAL ABSENCE AND MEDICAL LEAVE

27.01 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 non-consecutive days in a three 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 re-imbursed for any lost time from work resulting from attendance at such examination.

21

ARTICLE 28 - GENERAL

28.01

28.02

28.03

28.04

28.05

The Company will provide all employees appropriate identification cards.

The Company will provide the Union with a seniority list, updated quarterly.

Drivers Licence

It is understood that all employees who are required to drive as part of their employment duties must have a valid drivers licence and that such licence shall be presented upon request at any time.

Direct Deposit

The Company will provide employees with direct deposit of their wages to their personal bank account. The direct deposit will be made on Thursdays after 6 p.m. but never later than Fridays at 12 noon. This direct deposit benefit will be in place by June 30, 2001, or sooner if possible.

Payroll Errors

The Company has agreed that if there is an error in a person's wages in the amount offour ( 4) hours or more, a new cheque would be issued in three to five days.

ARTICLE 29- DURATION

29.01 This Agreement shall become effective on April 15th, 2003 and shall remain in full force and effect until April 14, 2006, thereafter shall continue to operate for successive terms of one (I) 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 the period of two (2) months before this Agreement ceases to operate or during a similar two (2) month period at the end of each year that this Agreement continues to operate.

22

Executed at Mississauga, Ontario this 3/ day of {e'~/ 2003.

For the Union

23

Appendix "A" Wages

Part Time Effective July 18, 2003 Effective Apri115, 2004 Effective April15, 2005

Counter

Start $ 9.15 $ 9.15 $9.15

6 months $9.55 $9.55 $9.55

1 year $10.25 $10.25 $10.25

2 years $11.05 $11.35 $11.65

Driver

Start $9.65 $9.65 $9.65

6 months $10.05 $10.05 $10.05

1 year $10.75 $10.75 $10.75

2 years $11.55 $11.85 $12.15

Jockey

Start $ 8.65 $ 8.65 $ 8.65

6 months $9.05 $9.05 $9.05

1 year $9.55 $ 9.55 $ 9.55

2 years $10.55 $10.85 $11.15

Note:

All employees not on this grid shall receive a thirty cent (30¢) increase effective July 18, 2003, a thirty cents (30¢) increase effective April 15, 2004 and a thirty (30¢) increase effective April 15, 2005.

26

Shift Premium

Effective April 15, 2000 the shift premium will be Ninety Five (95¢) cents per hour for all hours worked from 10.30 P.M. to 7:00a.m.

Lump Sum

A Signing Bonus of $300.00 shall be paid to all employees actively employed as of the date of ratification, July 18, 2003.

The normal practice ofthe Company with respect to an employee promoted to a higher classification is that such an individual will not suffer a wage loss but instead will be placed on the next wage progression level in the new classification.

27