COLLECTIVE AGREEMENT

Between:

ECOJUSTICE CANADAEcojustice Canada

1910-777 Bay StreetP.O Box 106

Toronto, ON M5G 2C8

and

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS

Local Lodge 1922

Effective: December l, 2015 Expires: November 30, 2018

INDEX

ARTICLE 1: PURPOSE .............................................................2ARTICLE 2 : RECOGNITION AND SCOPE ...........................2ARTICLE 3 : MANAGEMENT RIGHTS .................................7ARTICLE 4 : NON-DISCRIMINATION AND HARASSMENT .........................................8ARTICLE 5 : STRIKES AND LOCKOUTS .............................9ARTICLE 6 : UNION SECURITY AND DUES .....................10ARTICLE 7 : CORRESPONDENCE .......................................12ARTICLE 8 : UNION REPRESENTATION ...........................14ARTICLE 9 : GRIEVANCE PROCEDURE ............................16ARTICLE 10 : ARBITRATION ...............................................20ARTICLE 11 : CORRECTIVE ACTION PROCEDURE ........21ARTICLE 12 : SENIORITY AND PROBATION ...................24ARTICLE 13 : VACANT POSITIONS ....................................28ARTICLE 14 : REDUCTIONS OF STAFF AND LAYOFFS .31ARTICLE 15 : HOURS OF WORK ........................................33ARTICLE 16 : HOLIDAYS .....................................................35ARTICLE 17 : VACATIONS ...................................................38ARTICLE 18 : HEALTH/SICK LEAVE ..................................41ARTICLE 19 : GROUP INSURANCE PLAN.........................44

ARTICLE 20 : HEALTH, SAFETY AND ENVIRONMENT ..................................44ARTICLE 21 : PAY ..................................................................47ARTICLE 22 : TRANSPORTATION SUBSIDY .....................48ARTICLE 23 : PREGNANCY AND PARENTAL LEAVE .....49ARTICLE 24 : LEAVES OF ABSENCE .................................51ARTICLE 25 : LABOUR-MANAGEMENT COMMITTEE ..56ARTICLE 26 : BARGAINING UNIT WORK ........................57ARTICLE 27 : SEPARABILITY ..............................................58ARTICLE 28 : DURATION .....................................................58APPENDIX A : WORKING AT HOME ..................................61APPENDIX B : GROUP INSURANCE PLAN .......................61APPENDIX C : WAGES ..........................................................62APPENDIX D : RRSP PLAN ..................................................63Letter of Understanding Re: Appendix C “Me Too” ................64Letter of Understanding Re: Professional Development ..........64Letter of Understanding Re: Articling Students

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COLLECTIVE AGREEMENT

THIS AGREEMENT entered into at Toronto, Ontario,

BY AND BETWEEN:

Ecojustice Canada1910-777 Bay Street

P.O Box 106Toronto, ON M5G 2C8

(hereinafter called "the Employer")

PARTY OF THE FIRST PART

and

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS

Local Lodge 1922(hereinafter called "the Union")

PARTY OF THE SECOND PART

WITNESSETH:

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ARTICLE 1: PURPOSE

1.01 This Agreement signifies the desire and intent of the Employer, the Union and the Employees to cooperate individually, collectively and fully in maintaining harmonious work relationships between the parties to this Agreement; to provide orderly collective bargaining relations and procedures for the settlement of differences that may arise; and, recognizing the common dependence of the Employer and its Employees upon the success of the operation as a whole, to promote the mutual interest of the Employer and its Employees for the good and welfare of the Employees and the quality and efficiency of the Employer's operations.

ARTICLE 2: RECOGNITION AND SCOPE

2.01 The Employer recognizes the Union as the sole bargaining agent of all employees employed by Ecojustice Canada in the City of Toronto, Ontario, save and except for lawyers and employees employed in a managerial and/or confidential capacity.

2.02 Employee Definitions

This Agreement applies generally to the following

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defined "employees". However, the nature and extent of the application of this agreement and benefits varies depending on employment status.

Probationary Employee A probationary employee is an employee who has not

successfully completed probation.

Permanent Employee A permanent employee is an employee hired by

Ecojustice to fill an ongoing position for an indefinite period.

• Full-timeEmployee A full-time employee works full time-hours (35

hours per week).

• Part-timeEmployee A part-time employee is any employee who works

less than full-time hours (35 hours per week).

Ecojustice hires part-time employees because the work requires less than a full time person or because the budget cannot afford to hire a full time person. Part-time is generally for a two to three day week.

However, there are times when a full-time employee

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requests a 4 day work week, Ecojustice tries to accommodate such requests if it can be done without hiring another employee to make up for that one day.

• Fixed-termEmployee A fixed-term employee is an employee hired by

Ecojustice for an established period of employment (i.e. an employment period with a starting date and an ending date that is established by Ecojustice at the outset) and is no greater than 12 months. The following are examples of fixed-term employees:

• employeeshiredtoreplacepermanentemployeeswho are absent due to sick leave, pregnancy or parental leave or other approved leaves of absence;

• employees hired to fulfill special fundingrequirements;

• workexperiencestudents;or,

• employeeshiredforspecialprojectsortocoverpeak work load conditions.

Fixed-term employees will not be used to avoid the continuance, creation or filling of positions for permanent employees.

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Ecojustice has in practice, and prefers to maintain employees on a permanent rather than term basis. Where Ecojustice is able to confirm permanent funding for term employees, such employees will become permanent.

Where a Fixed Term or Casual employee is hired by Ecojustice as a permanent employee during or at the expiry of their term, all time spent in their fixed term will be used in the calculation of any probationary period and or benefit entitlement period. For greater clarity, in the event the fixed term or casual employee is hired into a permanent status, their seniority and service date will be backdated to the date they commenced their fixed term.

• CasualEmployee A Casual employee is an individual hired on an

as-and- when required basis. The employee will not be entitled to any benefits provided in this Agreement, and will be paid vacation pay, statutory holiday pay, and other statutory requirements in accordance with the provisions of the Employment Standards Act. Casual employees are not considered part of the bargaining unit, will not do bargaining unit work, and are hired for a time

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period of less than one month, unless by mutual agreement between the Employer and the Union.

• WorkExperienceStudents Individuals who are granted work experience

status (for a period not to exceed 6 months) will not be considered employees for the purposes of this Agreement, and will receive no pay. Work experience students will generally be pursuing an unpaid internship to meet educational requirements at an accredited institution. Work experience students will not be used in a manner which results in the layoff of an existing permanent or fixed-term employee, or in the loss in normal working hours for an existing permanent or fixed-term employee; and will not be used to fill vacancies that would otherwise be filled in the bargaining unit.

• IndependentContractors Independent contractors are individuals who

supply services to Ecojustice but are not under our direct control, select their own hours and are free to accept or review other work.

• Volunteers Volunteers receive no pay and will not be used in

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a manner which results in the layoff or reduction of hours of an existing permanent or fixed term employee.

• SeniorManagement Senior management refers to the following

management positions: Executive Director, Chief Financial Officer, Director of Operations, Director of Philanthropy, Director of Strategic Communications, and Program Director(s)

2.03 The Society shall not hire or use fixed-term employees or part-time employees, casual employees, Volunteers or Students to avoid the continuance, creation or filling of positions for or by full-time permanent employees.

ARTICLE 3: MANAGEMENT RIGHTS

3.01 Except as, and to the extent, specifically modified by this Collective Agreement, all managerial rights and prerogatives are retained by the Employer and remain exclusively and without limitations within the right of the Employer and its management, and will be exercised in a manner consistent with the terms of this Agreement.

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ARTICLE 4: NON-DISCRIMINATION, BULLYING AND HARASSMENT

4.01 The Parties agree that there shall be no discrimination bullying or harassment by the Employer, the Union or by any employee against any employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status, disability, political or religious affiliation as deemed by the Ontario Human Rights Code and/or the Canadian Charter of Rights and Freedoms.

4.02 "Harassment" means engaging in a course of vexatious comment or conduct that is known, or ought reasonably to be known, to be unwelcome.

“Bullying” Bullying is usually seen as acts or verbal comments that could 'mentally' hurt or isolate a person in the workplace. Sometimes, bullying can involve negative physical contact as well. Bullying usually involves repeated incidents or a pattern of behaviour that is intended to intimidate, offend, degrade or humiliate a particular person or group of people.

Bullying behaviour does not include:

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• Expressingdifferencesofopinion.

• Offering constructive feedback, guidance, oradvice about work-related behaviour.

• Reasonable action taken by an employer orsupervisor relating to the management and direction of workers or the place of employment (e.g., managing a worker's performance, taking reasonable disciplinary actions, assigning work).

4.03 Each of the Parties hereto agrees that there shall be no bullying, discrimination or coercion by the Employer, the Union or their respective representatives, against any employee because of his or her membership or non-membership in the Union.

4.04 In this Agreement, words using the masculine gender include the feminine and words using the feminine gender include the masculine, and the singular includes the plural and the plural includes the singular, where the text so indicates.

ARTICLE 5: STRIKES AND LOCKOUTS

5.01 There shall be no strikes, work interruptions, work stoppages, slowdowns, sitdowns or lockouts during

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the term of this Agreement.

ARTICLE 6: UNION SECURITY AND DUES

6.01 All employees covered by this Agreement must, as a condition of continued employment, become and remain Union members in good standing for the duration of their employment according to the Constitution and By-Laws of the Union.

6.02 All employees covered by this Agreement must, as a condition of continued employment, consent to a Union deduction being made by the Employer from each pay for the amount equivalent to the regular Union dues levied as outlined by the Union. The Employer shall hold amounts deducted from wages for the payment of Union dues, or an amount equivalent to those dues, separate and apart from its own monies. Such amounts are held in trust for the Union and employees and are not part of the property of the Employer.

6.03 The Employer shall remit to the Union the total amount of said dues no later than the 15th day of the month following the date on which such deductions were made.

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6.04 The Union shall advise the Employer in writing of the amount of Union dues to be deducted from each employee covered by this Agreement, and of any changes to these amounts, two (2) months in advance.

6.05 The Union agrees to indemnify and save harmless the Employer against any claims or liabilities arising or resulting from the deduction of Union dues.

6.06 The Union shall advise the Employer in writing of the name and address of the Union and of any changes.

6.07 The Employer agrees to include deductions for union dues on income tax T-4 slips prepared by the Employer.

6.08 The Employer agrees to provide the Union, twice yearly, with a complete list of employees covered by this Agreement, including their name, salary, position, home address and telephone number, as well as their hire date. The Employer shall convey changes of name, address and telephone numbers brought to its attention in writing by the employee.

6.09 The Employer agrees to acquaint each new employee with the fact that a Union Agreement is in place, and with the conditions of employment.

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6.10 The Employer shall introduce each new employee to their Union Steward within seven (7) working days of hire, and shall provide him or her with a copy of this Agreement.

6.11 A representative of the Union shall be given an opportunity to meet with each new employee within regular working hours without loss of pay, not in excess of a maximum of sixty (60) minutes, during the first month of employment, for the purpose of acquainting the new employee with the benefits and duties of Union membership and their responsibilities and obligations to the Employer and the Union.

6.12 It is further agreed that there shall be no solicitation of members, collection of dues or other Union activity during working hours on the premises of the Employer except as permitted by this Agreement or specifically authorized by the Employer in writing. It is understood that no meeting of the Union or its members shall be held on the premises of the Employer without prior written approval of the Employer.

ARTICLE 7: CORRESPONDENCE

7.01 The Union shall be notified of all hiring, dismissals, lay-offs and recalls of employees covered by this

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Agreement within five (5) working days.

7.02 The Employer shall provide to the Union the e-mail addresses of bargaining unit members, which the Union may use for the purpose of posting official Union Notices, and the Union shall simultaneously provide an e-mail copy of all such Notices to Human Resources.

7.03 Except where otherwise provided, official correspondence between the Employer and the Union shall be sent by e-mail or facsimile. Official notices of a legal or time-sensitive nature shall be sent or followed up by registered post, and deemed sent on the date of registration.

7.04 The Union will be provided with a copy of any written or email correspondence issued to an employee, which expresses an opinion respecting the interpretation of this Collective Agreement as it applies to that employee. The parties further agree to use e-mail for communications between the parties when most practical to minimize the use of paper and promote conservation. Union members may request that email correspondence be restricted in issues of a sensitive nature.

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7.05 The Employer and the Union shall respond to all correspondence within five working days. Requested extensions from either party will not be unreasonably withheld.

ARTICLE 8: UNION REPRESENTATION

8.01 The Employer acknowledges the right of the Union to have one (1) Chief Shop Steward and one (1) Shop Steward. It is understood that the Shop Steward shall assume all related duties where the Chief Shop Steward is absent or unavailable.

8.02 The Union acknowledges that Union members must continue to perform their regular duties and that, so far as possible, all Union duties will be carried on outside the regular working hours unless otherwise mutually arranged or otherwise herein agreed to. When the presence of an authorized Union Steward is required within regular working hours and, having obtained the Employer's approval, the Union Steward may leave his or her work for an authorized period of time with no loss of pay for time spent during working hours for the following circumstances:

a) Negotiations of the Collective Agreement - [one (1) Steward to a maximum of four (4) paid days

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for missed regular straight time scheduled hours, after which the Union shall be responsible for paying for their lost time];

b) Discussions between the Parties related to grievances or disagreements - [one (1) Steward and, at the request of the Union, the grievor];

c) Union investigations or grievances - [one (1) Steward and, at the request of the Union, the grievor].

The Union shall advise the Employer, in writing, of the names of all duly appointed Union Stewards.

8.03 Employees shall have the right to be represented by a Union Steward when involved in the Grievance Procedure. The Employer agrees that, where a representative from the Union requires access to the Employer's premises in order to investigate and/or assist in the settlement of a grievance, the Union representative shall request consent from the Employer, and such consent will not be unreasonably withheld.

8.04 Employees shall not be eligible to serve as Stewards until they have been in the Employer's continuous employ for at least one (1) year.

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ARTICLE 9: GRIEVANCE PROCEDURE

9.01 A grievance may arise from any dispute or misunderstanding arising between the Parties to this Agreement concerning an alleged violation of this Agreement. It is understood and agreed that any employee may present a complaint or concern at any time to his or her supervisor, Managing Lawyer, the Executive Director or Human Resources without resorting to the Grievance Procedure.

9.02 Any unresolved difference between the Parties concerning the interpretation, application, administration or alleged violation of the provisions of this Agreement, including any question as to whether a matter is arbitrable, shall be dealt with in the following manner.

It is the mutual desire of the Parties to resolve both fairly and as quickly as possible, any grievance, dispute or misunderstanding that may arise during the term of this Agreement, and accordingly, it is agreed that an employee has no grievance until he has first given to his or her supervisor, Managing Lawyer, Executive Director or Human Resources an opportunity to address his complaint.

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9.03 Bargaining unit employees (save and except probationary employees in matters of discipline, suspension, discharge or layoff) shall be entitled to file a formal grievance under the Grievance Procedure, and to have Steward representation at any and all stages of this procedure. After a formal grievance has been filed, the Employer shall recognize the grievance as the property of the Union. If the complaint has not been resolved under Article 9.02, it will proceed as follows:

Step 1 The Shop Steward shall submit the grievance in writing, signed by the grievor, to the supervisor, which will state the nature of the complaint, the clause in dispute and the remedies sought. This grievance shall be submitted not later than ten (10) working days after the incident or circumstances giving rise to this grievance first occurred or ought reasonably to have come to the attention of the employee. The supervisor or designate shall reply within ten (10) working days from the date of submission of the grievance.

Step 2 If the matter is not settled to the employee's satisfaction, the employee shall, within five (5) working days of the date of receiving the

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decision from the supervisor or designate, with the assistance of the Chief Shop Steward, present the grievance in writing, stating the reason(s) for his dissatisfaction, to the Managing Lawyer or his designate. The Managing Lawyer or designate shall, within five (5) working days of receipt of the grievance, answer the grievance in writing and return it to the Chief Shop Steward.

Step 3 If the grievance is not settled at Step 2, the Chief Shop Steward and the Union's Business Representative shall, within five (5) working days of the date of receiving the decision of the Managing Lawyer or designate, take the grievance up with the Managing Lawyer and/or his designate(s). The Managing Lawyer or designate(s) shall, within five (5) working days of the meeting, give a decision in writing. If the grievance is not settled at Step 3, the Union may refer the grievance to arbitration under Article 10.

9.04 If the grievance is not brought forward to Step 1, 2 or 3 within the time limits described, or, if no written request for arbitration is received within ten (10) working days of the Union's next regularly scheduled

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meeting or if the regularly scheduled meeting is not held, within forty (40) days of the last regular meeting held after the decision at Step 3 is given, the grievance shall be deemed to have been settled or abandoned.

9.05 Where a dispute involves a question of general application or interpretation, or where a difference arises directly between the Employer and the Union, either Party may file a grievance, in writing, with the other Party, setting forth the particulars of the dispute. Failing satisfactory settlement within fifteen (15) days after the dispute has been filed, the initiating Party shall have the right to avail itself of the Grievance Procedure starting at Step 2. It is understood that such a grievance will not deal with a matter that may be, or that should properly be, the subject of an individual employee's grievance.

9.06 The Employer and the Union may, on joint agreement in writing, depart from the foregoing procedure and time limits.

9.07 Grievances, stating reasons, and replies to grievances, stating reasons, shall be in writing at all stages.

9.08 All decisions arrived at between the representatives of the Employer and the representatives of the Union

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shall be final and binding upon the Employer, the Union and the employee or employees concerned.

ARTICLE 10: ARBITRATION

10.01 Where differences arise between the Parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation has been made that this Agreement has been violated, either Party may, failing a satisfactory settlement under the Grievance Procedure, notify the other party, in writing, of its desire to submit the grievance to arbitration as per the Labour Relations Act. It is agreed that disputes which are carried to the arbitration stage shall be heard before a single Arbitrator to be agreed upon by the Employer and the Union. If an agreement as to the choice of an Arbitrator is not arrived at within sixty (60) days of the receipt of notice, the Ministry of Labour will be asked to appoint an Arbitrator.

10.02 No matter may be submitted to arbitration which has not been properly carried through all previous steps of the Grievance Procedure.

10.03 The Arbitrator shall not make any award or decision inconsistent with the terms, conditions or Articles of

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this Agreement, nor alter, modify, add to, amend or change any of the provisions of this Agreement, nor substitute any new provisions for any existing provisions of this Agreement.

10.04 Each Party shall assume its own costs of arbitration. The fees and expenses of the Arbitrator shall be shared equally between the two Parties.

10.05 The decision of the Arbitrator shall be final and binding on both Parties hereto and upon the employee or employees concerned, and shall not be subject to appeal.

ARTICLE 11: CORRECTIVE ACTION PROCEDURE

11.01 The Employer shall not discipline, suspend or discharge an employee with seniority, unless there is just cause to do so. The Union recognizes the onus on the Employer to maintain and administer discipline where necessary, in a reasonable and progressive manner that is corrective in nature. The Employer agrees that, except in extreme circumstances, prior to imposing disciplinary action, it shall give to the employee a reasonable opportunity to explain and correct the situation in question. Prior to deciding on the discharge of an employee, the Employer shall

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first suspend the employee for a period not normally to exceed five (5) workdays. Within that period, or such other period as required to complete the following procedures, and before the Employer makes its final decision, a hearing shall be held at which the Union may present any facts or other information which it wishes the Employer to consider. In the event that no discipline is administered, the suspension is with pay.

11.02 An employee may be disciplined, including suspension or discharge, upon the authority of the Managing Lawyer or Executive Director. Only the Executive Director or, in his absence, the person operating in that capacity, shall have the authority to approve a decision to discharge an employee. An employee with seniority who is disciplined shall be given the reason(s) at a meeting with the Managing Lawyer or designate(s), and such employee has the right to the presence of the Chief Shop Steward, or in his/her absence, the Shop Steward. The employee and the Union shall be advised by the Employer, in writing, within five (5) working days of discipline, suspension or discharge, and the reason(s) for such action.

11.03 With the exception of disciplinary records involving violence or threat of violence, which will remain a

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permanent part of the employee's record, all references to disciplinary action which have been placed in an employee's personnel file shall be removed from the employee's file and shall not be relied upon for any further disciplinary action, if the employee's record has been free of further disciplinary action for a period of eighteen (18) months.

11.04 If an employee with seniority claims to have been disciplined, suspended or discharged without just cause, such claim shall be treated as a grievance, signed by the employee and the Union, and must be submitted to the Supervisor and Human Resources within five (5) working days of the discipline, suspension or discharge, and Step 1 of the Grievance Procedure will be omitted in such case.

11.05 If, in the course of the Grievance Procedure, the Employer finds that no discipline was warranted, it shall reinstate the employee without loss of seniority or earnings for time lost. Subject to Article 11.04 above, failing a satisfactory settlement under the Grievance Procedure, such grievance may be submitted to arbitration in accordance with Article 10.

11.06 Subject to the provisions of Article 4 of the Collective Agreement, the Employer shall have the right to

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discipline, suspend or discharge any probationary employee for any reason related to performance, conduct, suitability or availability of work, as determined solely by the Employer, and the provisions of Articles 11.01 - 11.05 do not apply to such probationary employee.

ARTICLE 12 : SENIORITY AND PROBATION

12.01 For the purpose of implementing this Agreement, seniority will signify the total duration in years, months and days of continuous employment with the Employer from the last date of hire for all employees covered by the Agreement. At the end of an employee's probation period, seniority will be retroactive to the date of hire.

12.02 Every new or re-hired employee shall serve an initial probationary period of three (3) months, and during that time shall have no seniority rights pursuant to the Agreement.

12.03 An employee who does not satisfactorily complete the probationary period may be terminated at the sole discretion of the Employer, subject to Article 4 of this Collective Agreement. Notwithstanding the above, the probationary period may be extended by mutual

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agreement between the Employer and the Union in writing.

12.04 Upon successful completion of the probationary period and notification of satisfactory evaluation of job performance, the employee shall be credited with seniority back to his or her most recent date of hire.

12.05 No employee with seniority shall be laid off while a probationary employee is employed in a job covered by this Agreement, provided that the senior employee has the skills, abilities and qualifications to satisfactorily meet the requirements and conditions of the probationary employee's job. No probationary employee shall be engaged or recalled for any job covered by this Agreement while an employee with seniority who has the skills, abilities and qualifications to satisfactorily meet the requirements and conditions of the job remains laid off.

12.06 Seniority, once established for an employee, shall be forfeited and the employee's employment shall be terminated under the following conditions:

a) if the employee resigns;

b) if the employee retires;

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c) if the employee is discharged by the Employer and not reinstated through the Grievance or Arbitration Procedures;

d) if the employee fails to return to work following a lay-off within five (5) working days of being notified of recall by personal delivery or registered mail to his or her last known address;

e) if the employee is laid off for a continuous period equal to twenty-four (24) months;

f) if the employee is absent from work for three (3) scheduled working days without notifying the Employer, unless there is justification satisfactory to the Employer for the failure to provide such notice;

g) if the employee has been granted leave of absence of any kind and overstays such leave, unless there is justification satisfactory to the Employer; or

h) if the employee obtains a leave of absence under false pretenses or utilizes a leave of absence for a purpose other than that for which it was granted, unless there is justification satisfactory to the Employer.

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12.07 Seniority shall accumulate in the following circumstances only:

a) when actually at work for the Employer, as per Article 12.01;

b) when absent on vacation or on paid holidays;

c) when off the payroll due to authorized leave of absence;

d) when off the payroll due to lay-off, sickness or accident, in which case seniority shall continue to accumulate for a period of time equal to twenty-four (24) calendar months;

e) while on any WSIB-related illness or disability leave.

12.08 The Employer shall maintain a list indicating the seniority of each employee in the bargaining unit. This list shall be made available to the Union upon request.

12.09 It will be the responsibility of each employee to keep the Employer informed, in writing, of their current postal address, and any notice to be given to the

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employee by the Employer under the terms of this Agreement shall be deemed properly given provided that it is addressed to the last known postal address.

12.10 An employee transferred from a bargaining unit position to a non-bargaining unit position shall be credited with seniority accrued in the bargaining unit at the time of transfer and will continue to accumulate up to twelve (12) months of seniority, during which time the employee may elect to return to the bargaining unit where there is a vacancy. After twelve (12) months, all bargaining unit seniority will be forfeited. This time may be extended by the mutual agreement of the Union and Employer.

ARTICLE 13: VACANT POSITIONS

13.01 When new positions are created within the bargaining unit, the Employer shall notify the Union by notifying the Union Rep and Job Steward regarding the new job description . Final decision on the new job description shall be the sole responsibility of the Employer. Salary shall be by mutual agreement between the Employer and the bargaining unit , except where such mutual agreement cannot be reached, the responsibility for determining the salary shall rest on the Employer, and may be subject to the

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Grievance and Arbitration Procedures, or negotiation at the time of renewal of this Collective Agreement.

13.02 When the Employer creates a new position or decides to fill a permanent vacancy within the bargaining unit, the Employer shall prepare a position announcement which shall be posted at the workplace for a minimum of five (5) working days. Nothing in this Article prevents the Employer from posting and advertising the position externally.

13.03 Every position announcement shall include the date of posting; the job title; information as to whether the position is a vacancy or a new position; the nature of the position; the required skills, abilities and qualifications; the proposed start date; and the last day for internal applications to be given priority.

13.04 It is understood that the Employer shall endeavour to promote internally qualified and suitable employees. In the event that one or more employees apply and:

a) no person(s) who is not an employee of the Employer applies, the senior applicant who, in the judgment of the Employer, has the skills, abilities and qualifications to meet the requirements of the position shall be appointed; or

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b) at least one person who is not an employee of the Employer applies, the Employer shall consider the skills, abilities and qualifications of all candidates. Where, in the reasonable judgment of the Employer, these factors are relatively equal, the applicant with the greatest seniority shall be appointed.

13.05 Any successful applicant shall not exercise the privilege of applying for future openings until in the new position for six (6) months. The Employer reserves the right to waive this requirement.

13.06 Where a candidate who is appointed to the position is a member of the bargaining unit, he or she shall be given a reasonable trial period of up to three (3) months. If at any time during such trial period, the employee, in the reasonable judgment of the Employer, fails to satisfactorily meet the requirements for the new position, he or she may revert to the previous classification. Where the employee's return to the previous classification results in a lay-off and/or a displacement of the incumbent of the previous classification, such lay-off and/or displacement shall not be the subject of a grievance.

13.07 The name of the successful applicant shall be conveyed to each internal applicant and a copy

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posted within seven (7) days of the appointment to a vacant position. The Union shall be notified of all appointments, hires, transfers and recalls within the bargaining unit.

ARTICLE 14: REDUCTIONS OF STAFF AND LAYOFFS

14.01 A layoff shall be defined as a reduction in the number of employees by the Employer. If an employee's regular weekly hours of work are reduced by the Employer by forty percent (40%) or more, the affected employee may elect to be laid off rather than to accept the reduction in work hours.

14.02 If there is to be a reduction in the number of employees, the Employer shall give at least five (5) days' notice, or as much notice as required under the Employment Standards Act, Ontario, whichever is longest, to the affected employee(s) and the Union.

14.03 Any grievance concerning layoff shall be initiated at Step 1 of the Grievance Procedure.

14.04 There shall be no layoff of any employee with seniority unless the following procedure is observed:

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a) as soon as it is reasonably possible to know, or in any event, before layoff notice is given to the affected employee(s), the Employer shall notify the Union to solicit input from the Union that might prevent the layoff of employees.

b) where this process does not avert a layoff, the Employer shall inform the Union of how it plans to proceed.

c) employees shall be laid off on the basis of seniority, provided that the remaining employees have the necessary skills, abilities and qualifications to satisfactorily perform the work that is available, and that they are willing and able to do so.

14.05 In the event that the Employer intends to lay off any employee(s) with seniority for what, in its opinion, it considers to be financial reasons, the Union shall, on written request, be provided with the most recent copy of the Employer's Audited Annual Financial Statements (Balance Sheet and Operating Statement).

14.06 Employees shall be recalled to work in order of their seniority, provided they have the necessary skills, abilities and qualifications to satisfactorily perform the work that is available. No new employee(s) will

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be hired until such senior employee(s) with the necessary skills, abilities and qualifications to satisfactorily perform the available work has been given the opportunity of returning to work.

ARTICLE 15: HOURS OF WORK

15.01 The normal full-time workweek shall be thirty-five (35) hours. The hours of work shall be exclusive of a sixty (60) minute unpaid lunch break, and inclusive of two (2) paid fifteen (15) minute breaks per day. Subject to the ongoing approval of the Executive Director or his/her designate, flexible work hours may be arranged on an individual basis to accommodate special needs.

15.02 The provisions of this Article are intended only to provide a basis for determining the number of hours for which an employee shall be entitled to compensation, and shall not be construed as a guarantee of any specific number of work hours or of specific work schedules.

15.03 Should an employee be required to work more than thirty-five (35) hours in a week, the additional time worked may be used to reduce the amount of time worked in subsequent weeks, as follows:

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a) Authorized overtime hours shall be compensated at the rate of equivalent time off, for the first seven (7) overtime hours worked in excess of thirty-five (35) hours in a week.

b) Thereafter, all hours worked in excess of forty-two (42) hours in a workweek shall be compensated at the rate of one-and-one-half (1.5) times the equivalent time off.

15.04 It is understood that any employee who agrees to work overtime hours agrees to accept paid time off as compensation for such authorized overtime hours in accordance with Article 15.03, in lieu of overtime pay.

15.05 Time off in compensation for overtime may be accumulated up to 35 hours. Overtime in excess of thirty-five (35) hours may be mutually agreed upon. An employee must take all accrued time off within three (3) months from the week of the overtime being earned. Time off from an employee’s overtime bank may only be taken at times that are mutually acceptable to the Employee or the designated supervisor and the employee involved. Such request will not be unreasonably denied, and alternate dates will be discussed.

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15.06 Any time worked in excess of the normal thirty-five (35) hours which has not been authorized by the Supervisor or his/her designate, shall be considered volunteer time and shall not be compensated.

15.07 An employee who is called in to work on his or her regularly scheduled day off, shall be compensated with not less than three (3) hours' time off, to be taken at a mutually agreeable time.

15.08 Where the employee cannot travel to work because of inclement weather that shuts down the public transit system, or where the Employer sends the employee home because of inclement weather, there shall be no loss of pay.

ARTICLE 16: HOLIDAYS

16.01 All employees who are members of the bargaining unit shall be given a day off on the day on which the holiday occurs or is celebrated by the Employer, without deduction of salary, for the following holidays:

New Years' Day Family Day Labour Day Good Friday Easter Monday Victoria Day

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Canada Day August Civic Holiday Christmas Day Thanksgiving Day Remembrance Day Boxing Day

Employees will also be entitled to take one paid holiday on a floating basis at any time of the year with the approval of the Executive Director or applicable Supervisor or or designate, subject to departmental requirements.

16.02 An employee who agrees to work on a holiday as defined above shall receive another day off with pay at a time mutually acceptable to the Employer and the employee, or shall be paid at the rate of one-and-one-half (1.5) times the regular rate of pay for all hours worked on the holiday, in addition to any holiday pay to which the employee would normally be entitled.

16.03 When a holiday, as defined above, falls within an employee's vacation period, it may be counted as a holiday rather than a vacation day, and may be taken at a time agreed to by the employee and his/her supervisor.

16.04 Employees who practice recognized religions with holidays on days other than Good Friday, Easter

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Monday and Christmas Day, may substitute up to three (3) alternate paid days of holiday in lieu to observe religious holidays. Where a religious requirement is in excess of three (3) days, additional days without pay may be authorized by the Supervisor or his/her designate, subject to operational requirements.

16.05 The Employer agrees to provide to employees a paid, unbroken holiday between Christmas Day and New Year’s Day, inclusive. The Union recognizes that a skeleton crew may be required to ensure adequate coverage during this period. In the event that an employee is required by the Employer to work during this period, such employee shall be entitled to take an equivalent amount of paid time off at a mutually agreeable time. Such equivalent time off is not cumulative and shall not be paid out as holidays on termination of employment. For further clarification, the three statutory holidays (or alternate paid days of holiday in lieu as defined in Article 16.04) are included in the paid unbroken holiday and are not in addition to. In addition, if an employee takes a religious holiday in lieu of Christmas Day, then the employee can choose to use vacation or to work on Christmas day.

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16.06 Statutory paid holiday allowance for part-time staff will be calculated according to the applicable labour standards legislation, unless a holiday falls on a Part-Time employee's regular work day in which case they will receive their regular wages for the day.

ARTICLE 17: VACATIONS

17.01 Employees who have less than three (3) full years of continuous employment with the Employer shall be entitled to three (3) weeks' vacation with pay.

17.02 Employees who have three (3) full years but less than five (5) full years of continuous employment with the Employer shall be entitled to four (4) weeks' vacation with pay.

17.03 Employees who have five (5) full years but less than seven (7) full years of continuous employment with the Employer shall be entitled to five (5) weeks' vacation with pay.

17.04 Employees who have seven (7) or more full years of continuous employment with the Employer shall be entitled to six (6) weeks' vacation with pay.

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17.05 Vacation time is calculated based on the full calendar year of January 1 to December 31, and shall be pro-rated accordingly for any employee who begins or ends employment during the calendar year or who is absent on leave in excess of one (1) consecutive month during the year. When an employee's employment ends, he or she is entitled to pro-rated vacation for vacation days accrued but not taken prior to departure. Similarly, when an employee's employment ends, he or she shall pay back to the Employer any amount of vacation pay for vacation days taken but not accrued prior to departure.

17.06 a) Vacation time must be taken in the calendar year that it is earned. However, an employee may elect, with the supervisor's approval, to carry over not more than 1 (one) weeks’ vacation into the following vacation year provided that such carried over vacation is taken as time off as early as possible in the following year, but in any case, by no later than June 30th of that year. Normally, any vacation time carried forward into the following year shall not be taken consecutively with the following year's vacation unless approved by the supervisor at their discretion. The supervisor reserves the right to schedule the vacation if the employee has not done so.

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b) In special circumstances and at the sole discretion of management, an employee may request to carry over more vacation time than noted above provided such request is reasonable in the circumstances. The Employer shall not unreasonably refuse such request.

17.07 Should the employee become disabled or ill during his or her vacation period, upon presentation of a medical certificate satisfactory to the Employer, the employee shall be permitted to reschedule vacation days and to utilize accumulated Sick Leave days for a period corresponding to the period of disability or illness.

17.08 Vacation schedules and subsequent changes to vacation schedules require the prior approval of the Supervisor or his/her designate. Approval of or changes to an employee's vacation schedule will not be unreasonably denied and are subject to operational requirements. Where conflicts arise between employees concerning vacation, subject to operational requirements, seniority will be the governing factor in arranging vacation schedules.

17.09 By October 31st of each year, the employee will receive a statement of vacation days earned and taken for the current year.

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ARTICLE 18: HEALTH/SICK LEAVE

18.01 Full-time employees who have successfully completed their probationary period accumulate unused Health/Sick Leave at the rate of one (1) day per month, commencing at the end of the first month of employment. Part-time employees accumulate unused Health/Sick Leave at a pro-rated amount according to the hours worked per month. Qualifying employees may accumulate unused Health/Sick Leave from year-to-year, up to thirty (30) days of accumulated Health/Sick Leave. Once thirty (30) days have been accumulated, one-half (1/2) of additional unused Health/Sick Leave may accumulate and be carried over year-to-year to a maximum of ninety (90) days of accumulated Health/Sick Leave.

18.02 Accumulated Health/Sick Leave may be used only in the event of illness or disability of the employee or the employee's dependent child, or, in the case of critical illness, a member of the employee's immediate family.

"Dependent child" includes an unmarried person who is (a) dependent upon the employee; and (b) younger than twenty (20) years of age (except in the case of a child who is mentally or physically disabled); and (c)

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the natural child, adopted child, step child or foster-child of the employee or of the employee's partner.

18.03 Health/Sick Leave benefits will not be applied in increments of less than one-half (112) day per occasion. At the beginning of each day during which an illness or disability continues, the employee must, if medically able, notify his or her supervisor of the status of his or her condition. Health/Sick Leave benefits are contingent upon maintenance of regular contact and, where requested by the Employer, upon written substantiation from a physician. The Employer may require a written report from a physician before the employee is permitted to return to work.

18.04 If a qualifying illness or disability continues beyond the period covered by the employee's accumulated Health/Sick Leave, the employee may, with the approval of the Executive Director or his/her designate, be placed on Medical Leave without pay. At the employee's option, accrued unused vacation time may be used before transferring to Medical Leave status. After two (2) weeks of separation, the employee is eligible to apply for Employment Insurance benefits. After fifteen (15) weeks of allowed Employment Insurance benefits, the employee is eligible to apply for Long-Term Disability benefits.

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18.05 a) Each employee's unused health/sick leave shall be "frozen" as at December 1, 2007 for purposes of sick leave payout under this article (18.05).

b) Thereafter, employees shall be entitled to accrued health/sick leave above their "frozen" amount for purposes of taking sick leave only (not for payout purposes). If an employee uses unused health/sick leave with the result that his/her accrual of unused health/sick leave drops below their "frozen" amount, the employee may not thereafter re accumulate unused health/sick leave back up to the original "frozen" amount for payout purposes (no "burning and re-banking").

c) An employee whose employment ends (unless the employee is terminated for cause) is entitled to payment of a cash bonus for the balance of his/her "frozen" health/sick leave amount which remains at the time his/her employment ceases, calculated as follows:

i) Continuously employed with the Employer five (5) or more years, the employee shall receive an amount equal to twenty percent (20%) of his or her of the balance of his/her "frozen" health/sick leave amount, paid at the employee's current rate of pay."

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ARTICLE 19: GROUP INSURANCE PLAN

19.01 The Employer shall provide a Group Insurance Plan, to be included as Appendix "B" to this Collective Agreement. Administration of this Plan, and payment of all premiums shall be the responsibility of the Employer, with the exception of the payment of an amount equal to the premiums for Long-Term Disability Insurance, which is payable by the employee.

19.02 The formal agreement with the insurer, including eligibility, minimums, maximums and other details, shall be made available to the Union.

ARTICLE 20: HEALTH, SAFETY AND ENVIRONMENT

20.01 The Employer shall make all reasonable provision for the health and safety of employees during their working hours in accordance with the provisions of the Occupational Health & Safety Act, and the Union may, from time to time, bring to the attention of the Employer, any suggestions in this regard, as well as any other suggestions regarding conditions of work. The parties further agree that joint efforts toward attaining carbon neutrality will be a priority.

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20.02 Joint Occupational Health, Safety and Environment Committee

a) There shall be established a joint (Toronto and Vancouver) Occupational Health, Safety and Environment Committee composed of up to (4) members appointed by the Society and two (2) employees appointed by the Union in addition to two (2) employee members appointed from the Vancouver Office. The committee shall meet (by teleconference) every three (3) months or more often at the request of either of the three (3) parties comprising the committee, provided it is mutually agree there is work to be performed, in order to review matters pertinent to the Environment and Occupational Health and Safety.

b) Employee representatives shall continue to be paid for time spent attending committee meetings during their scheduled working hours.

c) The Toronto members of the Committee shall perform all work required to be performed under the applicable Ontario Occupational Health and Safety Regulations and shall deal with health and safety matters that are unique to the Toronto office.

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20.03 Work Practices and Environment Concerns

Employees who have concerns that the work they are performing is significantly detrimental to the environment shall notify the Employer, the Union or any member of the joint Occupational Health, Safety and Environment Committee so that the matter maybe appropriately addressed in a timely fashion.

20.04 Environmentally Friendly Products

The Society agrees to make every reasonable effort to provide environmentally friendly products and services for employees to use, such as, paper, ink, soap, cleaning supplies and the like.

20.05 Local, Safe and Fair Trade Products

When it provides products to employees, the Society agrees to make every reasonable effort to provide locally grown and produced products; pesticide free products; non-genetically modified food and products produced in an ethical and fair trade manner.

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ARTICLE 21: PAY

21.01 The wage rates payable by the Employer to the employees during the currency of this Agreement will be set out in Appendix "C" to this Agreement.

21.02 In case of an error in pay which is attributable to the Employer, the Employer agrees to correct said error in the pay period immediately following that in which the error is brought to the attention of the Employer, provided the Employer is notified in sufficient time to make such correction.

21.03 An employee who is temporarily transferred to a higher-rated position for more than one full day shall receive an adjustment in pay equal to one-half (112) the difference in the job rates of the employee's normal position and the higher-rated position for all full days worked in the higher-rated position. An employee who is temporarily transferred to a higher-rated position for longer than five (5) consecutive working days shall have his/her adjustment in pay increased so that it is equal to the difference in the job rates of the employee's normal position and the higher-rated position for full days worked thereafter (not retroactively).

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21.04 An employee who, during his or her normal working hours, attends at any approved training courses and/or conferences related to the Employer shall continue to receive his or her regular wages.

ARTICLE 22 : TRANSPORTATION SUBSIDY

22.01 In recognition of the fact that choosing to leave one's car at home is the single most significant thing that an individual can do to protect our environment, the Employer shall pay to full-time employees who commute to and from work by public transit, cycling or walking, a transportation incentive of an amount equal to eighty-five percent (85%) of the cost of a Toronto Transit Commission Metro Pass per month. If the commute of an employee who qualifies for the transportation subsidy requires travel from an area outside of the geography covered by a regular monthly TTC Metro Pass, the employee will also be eligible for an incentive of an amount equal to fifty percent (50%) of an Express Pass in addition to the eighty-five percent (85%) of the regular TTC Metro Pass.

This benefit is also available to part-time employees on a pro-rated basis. Any employee who drives to work (including by carpool) more than four (4) days per month is ineligible. Employees who qualify for

49

the transportation subsidy must sign a Declaration of Eligibility Form, and must immediately notify Human Resources/Payroll in the event of a change in transportation arrangements. The benefit is added to the employee's pay.

22.02 The Employer shall reimburse the employee, on presentation of receipts, for reasonable expenses necessarily incurred while performing approved duties, in accordance with the current Policy Manual.

ARTICLE 23: PREGNANCY AND PARENTAL LEAVE

23.01 A pregnant employee, who has successfully completed her probationary period and made a permanent employee, is eligible, upon presentation of a medical certificate, for Pregnancy Leave without pay, in accordance with the Employment Standards Act, Ontario.

23.02 Parental Leave shall be granted to eligible employees in accordance with the provisions of the Emplovment Standards Act. Ontario.

23.03 The employee shall endeavour to provide the Employer with a minimum of eight (8) weeks' notice

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prior to commencement of Pregnancy or Parental Leave, in order to enable the Employer to identify a suitable replacement. An employee who is an adoptive parent shall advise the employer as far in advance as possible of having qualified to adopt a child and shall request the leave of absence, in writing, upon receipt of confirmation of a pending adoption. In any event, the employee shall provide at least as much notice to the Employer as required by the Employment Standards Act. Ontario.

23.04 A top-up benefit shall be paid to employees qualifying for this benefit and for Govermnent Employment Insurance (EI) Pregnancy or Parental Leave benefits. Proof of the amount of the EI Pregnancy or Parental Leave benefit may be required by the Employer. The top-up benefit will be equivalent to 100% of the difference between the employee's normal weekly net pay and the approved EI benefit amount, up to a maximum benefit amount. The maximum benefit amount is two hundred dollars ($200.00) per week, except during the initial EI two-week waiting period, when the top-up maximum will increase by the amount of the approved EI benefit, to give the employee two full weeks' net pay. This benefit shall be paid for a total of twelve (12) weeks during Pregnancy/Parental Leave, and is subject to applicable

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statutory deductions. "Weekly net pay" for the purpose of this benefit, means annual salary divided by 52 weeks minus employee statutory deductions.

23.05 A birth mother who is taking Pregnancy Leave for the birth of her child without applying for, qualifying for or accepting EI benefits, shall receive two weeks' leave with full pay at the time of the birth.

23.06 An employee taking Pregnancy or Parental Leave shall continue to participate in the Group Insurance Plan for the duration of the Leave, provided that the employee continues to pay his or her Long-Term Disability premium, in accordance with the Employment Standards Act. Ontario.

ARTICLE 24: LEAVES OF ABSENCE

24.01 Personal Leave: Personal Leave of absence without pay may be granted for special reasons considered appropriate under the particular circumstances, with the prior approval of the or the Executive Director, or their respective designates.

If employed more than one (1) year, the employee may request the use of accumulated Sick Leave time for matters of urgent Personal Leave not related to illness

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or disability. This benefit may not be combined with vacation time and can be used only once in a calendar year. The employee's supervisor and the Executive Director, or their respective designates, will determine whether or not the leave will be granted.

24.02 Bereavement Leave: In the event of the death of an immediate family member, as defined below, an employee who has successfully completed the probationary period shall be granted bereavement leave of up to five (5) days with pay. Members of the immediate family include:

• partner/spouseoftheemployee; • child,step-childorfosterchildoftheemployeeor

of the employee's partner/spouse; • parent,step-parentorfosterparentoftheemployee

or of the employee's partner/spouse; • grandparent or step-grandparent of the employee

or of the employee's partner/spouse; • grandchildorstep-grandchildof theemployeeor

of the employee's partner/spouse; • partner/spouseofachildoftheemployee; • brotherorsisteroftheemployee; • brother-in-laworsister-in-lawoftheemployee; • a relative of the employee who permanently

resides with the employee and who is dependent

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upon the employee for care and assistance.

In the event of the death of a relative other than those stated above, the employee shall be allowed one (1) day of compassionate leave with pay for the purpose of attending the funeral. Compassionate leave without pay may be granted on the death of other individuals at the discretion of the Supervisor or his/her designate.

Bereavement and compassionate leaves as described above may be granted to probationary employees at the discretion of the Managing Lawyer or his/her designate, and any such leaves shall be without pay.

24.03 Jury Duty: An employee who has successfully completed the probationary period who is summoned to serve as a juror or required by writ or subpoena to appear in court as a witness shall be paid his or her regular pay and benefits for the time he or she is required to be in court, to a maximum of six (6) weeks' pay in any one (1) year, provided the employee presents to the Employer proper evidence of the process which requires his or her presence in court and pays over to the Employer any amounts received as a juror or witness.

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24.04 Political Leave: Full-time employees who have completed their probationary period may be granted an unpaid leave of absence, to a maximum of one (1) employee at any one (1) time, with the prior approval of the Managing Lawyer and the Executive Director or their respective designates, for the purpose of running as candidates in a federal, provincial or municipal election. If elected, the employee shall resign.

It is understood that the Employer's status as a charitable organization prohibits the Employer from engaging in partisan political activity, and that any violation of this prohibition may jeopardize the status and security of the Employer and all of its employees. Accordingly, any employee's employment, candidacy or volunteer service for political purposes is strictly governed by the provisions of the Policy Manual.

24.05 Personal Life Organizing Bonus Time: All full-time employees who have completed their probationary period shall be entitled to a four (4) hour block of paid time once per month for personal business which must be conducted during the workweek, such as attending at dental or medical appointments. This benefit is also available to part-time employees on a pro-rated basis. Personal Life Organizing Time cannot be accumulated nor carried over from month to month. Medical, dental

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or other personal appointments during working hours, outside this four (4) hour block of time, will be either Health/Sick Leave time or without pay, at the employee's option. Any appointments or commitments which require the employee to be away from work require the approval of the employee's supervisor.

24.06 Union Business: The Employer shall grant leave of absence without pay to not more than one (1) employee at any one (1) time for a total (combined, if applicable) absence of not more than four (4) weeks in any calendar year, for the purpose of attending to Union business or Union conventions, provided such leave does not interfere with the Employer's operations.

24.07 Union Employment: The Employer shall grant leave of absence without pay to a maximum of one (1) employee at any one (1) time to serve as a full-time employee of the District Lodge or Grand Lodge of the International Association of Machinists and Aerospace Workers. Such leave of absence must be renewed yearly. Further, any employee intending to return from such leave of absence must provide to the Employer a minimum of four (4) weeks' notice prior to his or her return to active employment.

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24.08 Except where otherwise provided in this Agreement, an employee taking an authorized leave of absence shall continue to receive Group Insurance Benefits under the same conditions that existed prior to the leave for a maximum period of one (1) month. For any leave in excess of one (1) month, Group Insurance Benefits shall only be continued where the employee pays the full premium for such benefits.

ARTICLE 25: LABOUR-MANAGEMENT MEETINGS

25.01 Meetings between Employees and Management will not be unreasonably declined. If management, HR or Employees wish to have a meeting for the purpose of improving communication, seeking clarification, or studying any matter relevant to the interpretation or application of the Collective Agreement, a request shall be submitted in writing with a proposed agenda no less than five (5) days prior to the proposed date of the meeting. In general, at least one (1) management representative from the Employer and one (1) representative from the bargaining unit (representing the Union) shall attend the meeting. Where appropriate, additional party/parties may attend with mutual consent of the Employer and the Union.

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ARTICLE 26: BARGAINING UNIT WORK

26.01 Except in the event of absence or unavailability of a bargaining unit employee, the Employer shall not contract out work presently performed by members of the bargaining unit. It is understood and agreed that non-bargaining unit employees shall not perform work regularly done by an employee in the bargaining unit if it results in a loss of time to the bargaining unit employee. It is further understood and agreed that this provision is intended for the security of the bargaining unit employees, and not to prevent the performance of normal and common work-related transactions requiring flexibility by the Parties.

26.02 Notwithstanding Articles 26.01 and 2.01, it is understood and agreed that the Employer shall retain the right to hire or contract temporary workers, including students, for a maximum of four (4) months or, if working less than full-time weekly hours, the equivalent full-time hours, and that the work performed by such temporary workers shall not be considered bargaining unit work, nor shall such individuals be considered to be members of the bargaining unit or have any rights under the collective agreement. The Employer agrees that no seniority

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employee shall be laid off, or have their hours reduced, due to the exercising of this right.

ARTICLE 27: SEPARABILITY

27.01 If any provision of this Agreement is in violation of any federal or provincial law, now in effect or hereafter to become effective, the remainder of the Agreement shall not be affected thereby.

ARTICLE 28: DURATION

28.01 This Agreement, together with Appendices, shall be binding and remain in effect from December 1, 2015 until November 30, 2018. This Agreement shall continue automatically from year-to-year thereafter during annual periods of one (1) year each, unless either party gives to the other party notice in writing not less than thirty (30) days and not more than ninety (90) days prior to the expiration date that it desires to terminate or amend this Agreement.

In the event of such notification being given as to amendment of the Agreement and, pursuant to negotiations for such amendment, an agreement on the renewal or amendment of this Agreement is not reached prior to the current Agreement's expiration

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date, this Agreement shall be automatically extended until consummation of a new Agreement or completion of the conciliation proceedings prescribed under the Labour Relations Act, of the Province of Ontario, as amended, whichever should first occur.

28.02 Any supplementary agreements reached between the Employer and the Union during the term of this Collective Agreement shall be reviewed for possible inclusion into the contract at the succeeding round of negotiations.

28.03 The Employer agrees to prepare, within thirty (30) days of the signing of the Collective Agreement, the text of said Agreement, any Appendices and Letters of Understanding, and to provide each employee with a copy.

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IN WITNESS WHEREOF each of the parties hereto has caused this Agreement to be signed by its duly authorized representative on December , 2015.

FOR THE UNION: FOR THE EMPLOYER:

Kim Valliere Carmen Lansdowne

Andrea Gutierrez

Jennifer O’Connor Marion Greene

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APPENDIX A: WORKING AT HOME

Both parties recognize that working from home is sometimes beneficial when one is trying to work uninterrupted for a length of time. Both parties also recognize that when some employees are at home, additional stress is placed on those who remain in the office. Employees who wish to work at home during normal working hours must receive approval from the Supervisor or his/her designate, at least one day in advance. The type of work to be performed must be clearly identified, and the employee must be available during normal office hours for phone calls.

APPENDIX B: GROUP INSURANCE PLAN

The Group Insurance Plan shall be maintained status quo during the term of this Agreement.

Benefits currently included in Group Insurance include: Dental, Eye exam and vision care (glasses, contacts, surgery) coverage of $200.00 every (2) years. EHB, Life Insurance, AD&D Insurance and Long-term Disability coverage. Benefits for spouses and dependents include: Dental and EHB, and optional life insurance for spouses. Premiums for Group Insurance are paid by the Employer, with the exception of an amount equal to the premiums for Long-Term Disability Insurance, which amount is paid by the employee.

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63

APPENDIX D: RRSP PLAN

Casual or fixed-term employees hired to replace permanent employees who are absent due to sick-leave, pregnancy or parental leave or other approved leaves of absence are not eligible for the employer's matching contribution to this plan. However, they may still ask to have their own RSP contribution deducted from their salary and submitted on their behalf to their own plan.

The Employer shall provide an employee directed Registered Retirement Savings Plan for regular employees who have completed twelve (12) months of continuous employment.However, employees hired before December 1, 2010 will be eligible after 6 months continuance employment. Further, if, at the completion of the fixed-term, the employee is hired as a permanent employee they will be eligible for the matching RSP plan with no waiting period.

The Employer and the employees who are members of the Plan shall each contribute equally to the Plan. The Employer's contribution on behalf of eligible employees shall be three percent (3%) of each such employee's basic earnings (exclusive of overtime), provided the employee matches this contribution by payroll deduction. These contributions will cease when the employee's yearly RRSP contribution limit has been reached.

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Letter of Understanding Re: Appendix C “Me Too”

If another bargaining unit employed by Ecojustice Canada receives a general wage increase (%) higher than the settlement reached with the IAMAW, such increase will also be granted to IAMAW members employed by Ecojustice in city of Toronto for this contract period as a “me too” on wages.

Letter of Understanding Re: Professional Development

During the course of Collective Bargaining the parties had discussions regarding professional development of staff. This letter will confirm the understanding that, in general, senior management of the organization will discuss opportunities for professional development with staff that are in service of increasing the skills and capacity of to help achieve organizational goals. The Employer remains committed to its status as a learning organization and to the development of all staff, and that conversations regarding professional development are included for consideration in the annual budgeting process. In practice, these conversations should generally take place between employees and their direct supervisors.

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JAnuAry 2016S M T W T F S

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31 25 26 27 28 29 30

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

30 2431 25 26 27 28 29

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

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66

JAnuAry 2017S M T W T F S

FebruAry 2017 S M T W T F S

June 2017 S M T W T F S

MAy 2017 S M T W T F S

OCTOber 2017 S M T W T F S

SePTeMber 2017 S M T W T F S

MArCh 2017 S M T W T F S

JuLy 2017 S M T W T F S

nOVeMber 2017 S M T W T F S

APrIL 2017 S M T W T F S

AuGuST 2017 S M T W T F S

DeCeMber 2017 S M T W T F S

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

30 2431 25 26 27 28 29

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

30 24 25 26 27 28 29

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

31 25 26 27 28 29 30

67

JAnuAry 2018S M T W T F S

FebruAry 2018 S M T W T F S

June 2018 S M T W T F S

MAy 2018 S M T W T F S

OCTOber 2018 S M T W T F S

SePTeMber 2018 S M T W T F S

MArCh 2018 S M T W T F S

JuLy 2018 S M T W T F S

nOVeMber 2018 S M T W T F S

APrIL 2018 S M T W T F S

AuGuST 2018 S M T W T F S

DeCeMber 2018 S M T W T F S

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

30 24 25 26 27 28 29

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

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