FlLE No. 737-oc:tJ. CERT. FILE

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CERT. DP.TE ' -····~·-j

TOTAL EMPS I

~~·-- ~ - ! • r"EFF. DATE

___.-~-COLLECTIVE AGREEMEN '

EXP. DATE I' ~(' CODING CONTROL E ,-::. -------

!DENT CODED ·-

RECEIVED-

i \ BETWEEN UNION-· -aMP~~_;-______...., __ ' 1--

OTHER

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA AND

ITS LOCAL 414

AND

NEILL-WYCIK CO-OPERATIVE COLLEGE INC. TORONTO, ONTARIO

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EFFECTIVE DATE: APRIL 1, 2009 /111/P-.vt ~ EXPIRY DATE: APRIL 1, 2012

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INDEX ARTICLE PAGE

1. Intent and Purpose ........................................................................................................ 3 2. Scope and Recognition ................................................................................................. 3-4 3. No Discrimination .......................................................................................................... 4 4. Union Security ............................................................................................................... 4-5 5. Reservation to Management Rights .............................................................................. 5-6 6. Union Committees and Stewards .................................................................................. 6 7. Discipline ....................................................................................................................... 7-8 8. Grievance Procedure ................................................................................ ! ................... 8

General Provisions ............................................................................................... 9 Discharge a lid Suspension .................................................................................. 10

9. Arbitration ..•................................................................................................................... 10-11 10. No Cessation of Work ................................................................................................. 11 11. Seniority ...................................................................................................................... 11-12 12. Reduction in Force ...................................................................................................... 12 13. Leave-of-Absence ....................................................... : ............................................... 12-13 14. Bereavement Leave .................................................................................................... 13 15. Leave of Absence for Union Business ........................................................................ 13-14 16. Maternity Leave/Parental Leave .................................................................................. 14 17. Jury and Witness Duty ................................................................................................ 14 18. Hours of Work and Overtime ....................................................................................... 14-16 19. Annual Vacation Leave ............................................................................................... 16

20. Paid Holidays·····································································'········································ 16-17 21. Wages ......................................................................................................................... 17 22. Benefit Program .......................................................................................................... 17 23. Health & Safety ........................................................................................................... 17 24. General ....................................................................................................................... 17

Personal Equipment .............................................................................................. 18 Personal Records .................................................................................................. 18 Job Posting Procedure .......................................................................................... 19 Changing of Shifts ................................................................................................. 19 Reporting to Work ................................................................................................. 19

25. Bulletin Board .............................................................................................................. 20 26. Copies of Agreement .................................................................................................. 20 27. Duration ....................................................................................................................... 21 Appendix "A"- Wage Schedule ........................................................................................ 22 Appendix "B" ..................................................................................................................... 23 Appendix "C" ..................................................................................................................... 24 Appendix "D" ..................................................................................................................... 25 Appendix "E" ..................................................................................................................... 26 Appendix "F" ...................................................................................................................... 27 Letter of Understanding ..................................................................................................... 28

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ARTICLE 1 -INTENT AND PURPOSE

1.01 The purpose of this Agreement is to establish and maintain an orderly collective bargaining relationship between the Company and its Community Security Representatives (C.S.R.s), to set forth all agreements concerning rates of pay, hours of work and working conditions to be observed by the parties hereto, and to provide an amicable method of settling and difference that may arise in the interpretation, application, administration or alleged violation of the Agreement.

1.02 It is understood that any practice by the Company, outside the scope of this agreement, does not create any obligations on the Company and may be changed or discontinued at any time.

ARTICLE 2 - SCOPE AND RECOGNITION

2.01 The Company recognizes the Union as the sole and exclusive bargaining agent for all security guards of Neiii-Wycik Co-operative College Inc. in Metropolitan, Toronto, save and except Security Supervisor, persons above the rank of Security Supervisor and persons for whom any trade union held bargaining rights as of March 21, 1997.

2.02 The word C.S.R.s or C.S.R.s wherever used in the Agreement shall mean respectively a security officer or security officers in the bargaining unit described in Article 2.01.

2.03 Whenever the singular or masculine used in this Agreement, it shall be considered as if the plural or feminine has been used where the context of the party or parties so requires.

2.04 (a) It is acknowledged and agreed by both parties to this Agreement that the General Manager and Security Supervisors may perform duties normally performed by a security officer while they are on duty in the facility.

(b) It is acknowledge and agreed by both parties that the Company may employ students or temporary employees during the vacation period of a security officer or during the absence of a security officer and that such students or temporary employees will not be covered by the collective agreement or required to join the Union or pay union dues. It is further understood and agreed that such employment situations will not extend beyond a ninety (90) day consecutive employment period or the length of the absence of the employee being replaced, if longer.

(c) In addition, other officials of the Company or its appointees may perform work on any job normally performed by a security officer for purposes of instruction, experimentation, in cases of emergency and where regular

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security officers are not available or able (for any reason) to do the \t'Jork.

2.05 Full-time security officers are those security officers who are regularly scheduled to and normally work in excess of twenty-eight (28) hours per week. Part-time security officers are regularly scheduled to and normally work less than twenty-eight (28) hours.

ARTICLE 3- NO DISCRIMINATION

3.01 The Company and the Union agree that there will be no discrimination, intimidation, interference, restraint or coercion exercised or practised upon or by any security officer because of membership or non-membership in the Union.

3.02 The Union agrees that neither its officers nor members will use any coercion, intimidation or discriminatory action in obtaining new members or in persuading any of its members to participate in its activities. The Company agrees that it will not use any coercion, intimidation or discriminatory action to induce a security officer to refrain from becoming or cease to be a member or officer of the Union.

3.03 Tr1e Cornpany and the Union further agree that there will be no discrin1ination against any CSR, member of Management, Staff, Co-op member or guest because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, age, marital status, family status, handicap or sexual orientation.

3.04 There shall be no solicitation of members, collection of dues, or other Union activity during working hours, except with the prior written consent of the Company.

ARTICLE 4 - UNION SECURITY

4.01 All present employees of the Company in the bargaining unit shall be and remain members of the Union for the duration of the Agreement as a condition of employment, and all new employees in the bargaining unit shall, as a condition of employment and not later than ninety (90) days after being hired become members and remain members for the life of the Agreement, and in either case, the employees shall be required to authorize payment of dues by checkoff as hereinafter provided.

4.02 The Company will deduct from the pay of each member current union dues and initiation fees in accordance with the Union Constitution per pay period upon proper authorization by the employee. Such authorization shall be given to the Company on a properly authorized form to be signed in duplicate by each member. The Company shall retain one copy of the form and the Union shall receive the other. The first dues deduction from the pay of a new member shall be considered as the initiation fee.

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The deduction of union dues will be made from wages earned by the member in the first pay period of each month. Once each month, the Company shall remit to the International Union Official, duly registered in writing by the Company, all union dues collective as above. The Union will provide the Company with a receipt for such monies sent.

4.03 RELATIONSHIP The Employer and the Union agree that there will be no discrimination, interference, restraint, exercised or practised by either of them or their representatives or members because of an employee's union activity.

The union undertakes that no union activity shall be carried on in the premises except as otherwise provided herein with respect to visits by Union Officials.

Properly authorized representatives of the union shall be permitted to enter the premises at all reasonable times for the purpose of interviewing employees an investigating work conditions that may affect the members. Notice upon entering · shall be given to a representative of management. It is understood that such representatives will in no way interfere with the duties of an employee or unreasonably disturb them in the performance of their duties, bearing in mind that Union Representatives have regular duties to perform on behalf of all parties to this collective agreement.

ARTICLE 5- RESERVATION OF MANAGEMENT RIGHTS

5.01 The union acknowledges the exclusive function of the Employer generally to manage the enterprise in which it is engaged and particularly to:

(a) maintain order, discipline and efficiency;

(b) hire, transfer, promote, demote or retire and, with just cause, to suspend, discipline or discharge employees and to increase and decrease the working force in a manner consistent with the terms of this Agreement.

(c) the right to determine the direction of the working force, the schedules of work, methods, in order to perform any services that may be necessary to manage the enterprise and its business;

(d) it is agreed that the employer may, at its discretion, issue and enforce from time to time reasonable rules and regulation in order to assure the successful operation of its business. Breaches of such rules by an employee may be cause for disciplinary action;

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(e) limit, suspend or cease operations, subcontract, or make necessary arrangements due to a change in the Employer's policies;

(f) it is understood and agreed that these rights shall be exercised in a manner consistent with the terms of this Agreement and it is understood that a claim by an employee or employees that the Employer has so exercised these rights shall be proper subject matter for a grievance.

ARTICLE 6 - UNION COMMITTEES AND STEWARDS

6.01 The Company agrees to recognize the following committees of the Union to represent the employees for the purposes described herein:

(a) a negotiating committee comprised of not more than two (2) security officers, selected by the Union to act on behalf of the Union in negotiating a Collective Agreement, or renewal thereof, with the Company; and

(b) a grievance committee comprised of two (2) Stewards selected by the Union to assist in the investigation and/or presentation of any proper grievance that may arise. It is agreed that only one (1) steward will be called upon to handle and/or present a grievance at any one time.

6.02 The members of the negotiating committee and the Steward shall be currently employed as Active CSRs who have completed their probationary period.

6.03 The Union shall provide the Company with lists of the security officers on the negotiating and grievance committee at the time of the signing of the Agreement and within five (5) days of any change to either list during the term of the Agreement.

6.04 The Union acknowledges that each member of the grievance committee has regular work to perform and that he shall only absent himself from such work with the prior permission of his Supervisor and, upon resuming his regular duties, he shall again report to his Supervisor. A member of the grievance committee shall not lose pay for time spent during his regular scheduled working hours while meeting with the employer to discuss grievances.

6.05 Items of concern, which are not subject to the grievance procedure, may be handled through discussion at a meeting requested by either party. Said meetings will be scheduled by the Company. Items for discussion will be submitted to the General Manager and/or Security Supervisor(s) and will be included on an agenda.

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ARTICLE 7- DISCIPLINE

7.01 JUST CAUSE The Employer shall not discipline, suspend, or discharge and employee without just cause. In any grievance over disciplinary action, the burden of proof of just cause lies with the Employer. Failure to conform with the provisions of this article shall render the discipline, suspension, or discharge null and void.

7.02 PROGRESSIVE DISCIPLINE PROCEDURE The Employer accepts and gives effect to the principle of progressive discipline by adopting the procedures set forth below. The Employer recognizes that, prior to imposing discipline, an employee shall be given a reasonable opportunity to correct the situation complained of.

7.03 EXTREME SITUATIONS Notwithstanding the above, it is understood that the Employer reserves the right, in extreme situations, to discipline an employee for just cause without having first issued a Letter of Warning.

7.04 CONFIDENTIALITY The Employer agrees to make every reasonable effort to ensure that all correspondence and meetings relating to discipline procedures shall be kept strictly confidential to the parties directly involved in the investigation and processing of the complaint.

7.05 LETTER OF WARNING No discipline may be imposed on any employee who has not first been sent a Letter of Warning. Where a Letter of Warning is sent to an employee, the Union and the employee shall be the only parties to receive copies. The Letter of Warning shall state that disciplinary action may be imposed, in accordance with the procedures herein contained, following a repetition of the act or omission which is the subject matter of the complaint and/or, where the complaint concerns the standard of the employee's work, if the employee fails to bring her/his work up to a reasonable standard by a given date to be determined by the Employer. Such date shall give the employee reasonable opportunity to correct the problem(s) referred to in the Letter of Warning.

7.06 NOTIFICATION OF ACTION Before imposing discipline, the Employer shall notify the employee and the Union, in writing, of her/his decision to impose discipline, and shall include the reasons for such decision.

7.07 DISCIPLINARY FILES (a) Both parties agree that an employee's employment file may contain

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entries of a disciplinarJ nature and that such files shall be deemed to be evidence of progressive discipline which may be used in any directly related grievance and arbitration, subject to 11.01.2.

(b) The record of a disciplinary action and matters forming the basis of or raised during such a disciplinary action shall not be referred to or used against an employee after a period of twenty four (24) months following such an action, unless a directly related disciplinary action occurs during such a period. In such actions, the earlier action and matters forming the basis of or raised during such action may be referred to or used against an employee for a further twenty-four (24) months following the subsequent disciplinary action. Any time during which an employee is on total layoff shall not be regarded as part of the twenty-four (24) month period(s) specified above.

ARTICLE 8- GRIEVANCE PROCEDURE

8.01 It is the mutual desire of the parties that complaints concerning the interpretation, application, administration or alleged violation of this Agreement shall be adjusted as quickly as possible. A security officer shall attempt to settle any complaint or disagreement with his Supervisor before presenting a grievance in writing.

8.02 Should any difference arise between the Company and any of the security officers as to the interpretation, application, administration or alleged violation pursuant to Article 7.01 an earnest effort shall be made to settle such difference in the following manner:

8.03 STEP ONE Provided that the complaining security officer has brought the complaint or disagreement to the attention of his/her supervisor and that it was not able to be satisfactorily resolved; within five (5) days after the alleged grievance has arisen or it ought to have been known to have arisen, the security officer who may request the assistance of his Steward, shall present his grievance in writing, on a grievance form to his supervisor. The grievance shall be signed and shall indicate the Article(s) in the agreement which have allegedly been violated and the nature of the grievance. No grievance shall be considered unless such articles are stated in the grievance form. The Company shall provide a written response to the grievance within five (5) days of receipt. If the grievance is not resolved, then;

8.04 STEP TWO Within five (5) days after the decision of Step One has been or should have been given, the Union may present the written grievance to the General Manager, or a person or persons designated by him/her to handle such matters at Step Two. The General Manager, or his designate, shall schedule a meeting, at a time which is

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mutually agreeable to both parties, to be held within ten (1 0) days from the time when such grievance was presented to him, or his designate. At the Step Two meeting, the member may be accompanied by his Chief Steward, and the General Manager, or his designate, may be accompanied by Counsel and such other assistance as he so desires. The Staff Representative of the Union may be present at the meeting. The General Manager, or his designate, shall give a decision, in writing, on behalf of the Company within seven (7) days immediately following the date of such meeting.

8.05 GENERAL PROVISIONS In the event that two (2) or more security officers have grievances relating to the interpretation, application, administration or alleged violation of the provisions of the Agreement which are sufficiently common in nature that they may be conveniently dealt with together, such grievances shall constitute a group grievance and it shall be presented at Step One within five (5) days after the alleged grievance has arisen. A grievance involving two (2) or more security officers shall be presented by not more than two (2) of the security officers in the group grievance.

8.06 Any grievance which arises directly between the Company and the Union concerning the interpretation, application, administration or alleged violation of the provisions of the agreement, which grievance shall constitute a policy grievance, may be submitted by either of the parties to the other. Notice of the grievance shall be given in writing within ten (1 0) days of the occurrence of the matter giving rise to the grievance. The General Manager, or his designate, shall schedule a meeting between the grievance committee, the Union Staff Representative and the Company Representatives designated for that purpose, to be held within ten (1 0) days after notice has been given by either of the parties to the other. The decision of the parties being grieved against shall be given in writing within ten (1 0) days following the date of such meeting. If no settlement is reached the grievance shall be referred to mandatory, non-binding Mediation prior to Arbitration. The terms of the Mediation shall follow the terms listed for Arbitration in Article 9:01, 9:08 inclusive. Should ·Mediation fail to produce an agreement, both parties agree to proceed to Arbitration.

8.07 The Company shall, from time to time, notify the Union inwriting ofthe names of the Company representatives and designated alternates appointed for purposes of the grievance procedure.

8.08 The time limits in this grievance procedure and Article 8, Arbitration, are mandatory. Any and all of the time limits set forth in Article 7 for the taking of action by either party or by a security officer may be extended at any time by mutual agreement of the parties in writing.

8.09 Any reference to days in this Article and Article 8 shall mean Monday to Friday and shall not include weekends or holidays.

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8.10 DISCHARGE Ai'JD SUSPEI'JSIOI'l If a security officer believes that he has been discharged or suspended without just cause, the grievance shall be presented at Step Two within three (3) days after notice has been given to the security officer.

8.11 MANAGEMENT GRIEVANCE It is understood that the management may bring forward at any meeting held with the Union Representative any complaints with respect to the conduct ofthe union its representatives, its officers or stewards. If complaints are not settled to the mutual satisfaction of the conferring parties it may be treated as a grievance and forwarded to arbitration in the same grievance process.

ARTICLE 9 -ARBITRATION

9.01 In the event that either party desires to submit to arbitration a grievance that has not been settled under the provisions of Article 7, it shall notify the other party in writing within ten (10) days from the decision of the Company under Article 7.05 or Article 7.07 or of the Union under Article 7.07.

9.02 The written reference referred to ln Article 8.01 shall contain the names of three (3) proposed arbitrators from the list of arbitrators approved by the Office of Arbitration. The recipient of such notice shall, within five (5) days of the receipt of the notice, agree to one (1) of the above-mentioned proposed arbitrators or propose the names of three (3) different arbitrators from the list of arbitrators approved by the Office of Arbitration, in the written reply thereto. The Union and the Company agree to the use of non-governmental arbitrators when necessary.

9.03 In the event that the parties fail to agree upon an arbitrator, either party may request that the Minister appoint an arbitrator pursuant to Section 45(4) of the Labour Relations Act, R.S.O. 1990, C.L.2, as amended.

9.04 Each grievance submitted to arbitration shall be heard separately unless otherwise mutually agreed.

9.05 The issue(s) raised in the written grievance shall be presented to the arbitrator and the award shall be confined to such issue(s). The decision of the arbitrator shall be final and binding on the parties to the Agreement.

9.06 In no case shall the arbitrator be authorized to alter, modify or amend any part of the Agreement.

9.07 The parties will each pay one-half of the remuneration and expenses of the arbitrator selected by the parties or appointed by the Minister.

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9.08 No matter may be submitted to arbitration that has not been properly carried through all of the steps of the grievance procedure and within the time limits specified or any agreed upon extension.

ARTICLE 10- NO CESSATION OF WORK

10.01 The Union agrees that there shall be no strike, stoppage, slowdown or restriction of work or threat thereof during the life of the Agreement and that the Union will not call or authorize and no security officer shall take part in, instigate or threaten any such strike, stoppage, slowdown or restriction of work.

10.02 The Company agrees that there shall be no lockout during the life of the Agreement.

ARTICLE 11 - SENIORITY

11.01 The seniority of a security officer means the length of his continuous service with the Company since the date of his most recent hiring by the Company, except as expressly provided herein.

11.02 The seniority of a security officer shall be completely lost and he shall be automatically terminated if he:

(a) quits,

(b) is discharged and not reinstated in accordance with the provisions of this Agreement, or

(c) is absent from work for three (3) or more consecutive days without notifying the Company.

(d) is absent from work due to sickness or a non-compensable injury fora period of three (3) or more days without providing the Company with a · medical certificate from a qualified medical practitioner as to the reason and necessity· for such absence if requested to do so; or

(e) is laid off for a period in excess of twelve (12) months; or

(f) is absent due to sickness or a non-compensable injury for a period in excess of twenty-four (24) months; or

(g) fails to notify the Company of his intention to return to work within seventy-two (72) hours of being given notice of recall or fails to return to work within five (5) days of the date of recall as set out in the notice of recall. This time period may be extended by mutual consent of both

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parties.

(h) uses a leave of absence other than the purpose for which it was granted.

11.03 The Company will provide the Union with a current seniority list showing each security officers' seniority date, classification and rate of pay, every six (6) months. This will also be posted on the bulletin board in a designated area.

11.05 The Company will notify the Union or its designate of all suspensions, terminations, layoffs and recalls, in writing, within two (2) days of the event.

ARTICLE 12- REDUCTION IN FORCE

12.01 In any case of reduction in force, the Company shall conduct layoffs as follows:

(a) firstly, those employees whose employment status is part-time;

(b) secondly, those employees whose employment status is full-time;

In any case of recalls, the Company shall:

(a) firstly, recall those employees whose employment status in full-time;

(b) secondly, recall those employees whose employment status is part­time.

Within each of the above groups, seniority will be observed in determining which security officers will be laid off or recalled provided that the security officer has the qualifications for the position.

ARTICLE 13- LEAVE OF ABSENCE

13.01 The Company may grant a leave-of-absence; of up to one (1) month without pay, to a security officer who has completed his probationary period, provided that:

(a) the security officer has a minimum of one (1) year of continuous service;

(b) the security officer gives notice, in writing stating reason for leave and method of contact, to his Supervisor of his request for a leave-of­absence, at least fifteen (15) days prior to the proposed commencement of the leave-of-absence (except in the case of emergency);

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(c) the proposed leave-of-absence can be arranged without undue inconvenience to normal operations in the judgement of the Company; and

(d) Not more than one (1) member shall be on a leave-of-absence at the same time provided that replacements are available to cover shift and it does not present a hardship to the Company or force an overtime situation.

(e) A leave may be extended for an additional thirty. (30) day period provided that the Company is provided with minimum advance notice, in writing, of ten (1 0) days prior to the commencement of such extension and said extension does not represent an inconvenience to the Company (ie: Other employees on leave).

13.02 Applicants must indicate, on forms provided by the Company, the reason(s) for their leave of absence and the date of departure and return when giving their request for a leave-of-absence.

ARTICLE 14- BEREAVEMENT LEAVE

14.01 (a) When a relative of an employee shall die, the employer shall grant an excused absence form the hours the employee is scheduled for work in his regular work week of three (3) working days, for purposes of making arrangements and attending the funeral, and will pay the employee for the scheduled hours not worked during the said three (3) days at the employee's regular hourly rate, provided that, upon request, he furnishes the employer with satisfactory proof of death.

(b) The word relative as used in this article, shall include only spouse or common law spouse, son, daughter, step-son, step-daughter, father, mother, step-mother, step-father, father-in-law, mother-in-law, sister or brother, grandparent, grandchild, son-in-law, daughter-in-law or the grandparent of the spouse of an employee.

(c) The days which are thus paid for will be counted as days worked for the determination of the sixth day of work in the work week and also as days worked for the purpose of establishing eligibility for holiday pay.

ARTICLE 15- LEAVE OF ABSENCE FOR UNION BUSINESS

15.01 (a) An employee who has completed his probationary period and who has been elected or appointed by the Union to attend Union Conventions,

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Conferences, or any labour activity, will be granted a leave of absence not to exceed two (2) weeks for this purpose. Such leave will be without pay and without loss of seniority. The number of employees granted such leave will not exceed one (1 ). The Union may request that the number of employees requesting such leave be one (1) and, where it does not create a hardship for the Company, permission will not be unreasonably withheld. The appropriate representative of the International Union or the Local Union President will inform the employer, in writing, of the names of such employees at least four (4) weeks in advance of the commencement of such leave.

(b) The number of leaves granted to a security officer, under the provisions of 15.01 (a) is limited to not more than two (2) per calendar year unless additional leaves can be arranged without undue hardship to the Company.

ARTICLE 16- MATERNITY LEAVE/PARENTAL LEAVE

16.01 A security officer will be entitled to maternity and/or parental leaves in accordance with the provisions of the Ontario Employment Standards Act, R.S.O. 1990, e.14, as amended.

ARTICLE 17- JURY AND WITNESS DUTY

17.01 A security officer who has completed his probationary period who is required and reports for jury duty or who is subpoenaed as and reports as a Crown Witness, and has notified the Employer promptly and in advance shall, for any necessarily lost time from his regularly scheduled work as a result thereof, be paid the difference between his regular rate of pay and the payment he receives for jury service to a maximum of fifteen (15) days per year.

The security officer will present proof of the amount received for jury duty or as a Crown Witness. Allowance for meal and travel expenses shall not be taken into account when calculating such difference in pay, nor will any compensation received for jury duty on a day that the employee was not otherwise scheduled to be at work.

ARTICLE 18- HOURS OF WORK AND OVERTIME

18.01 C.S.R.s working a seven (7) hours shift or more shall receive a thirty (30) minute unpaid lunch break. If the C.S.R. works the midnight shift such lunch shall be with pay. For every five (5) hours worked the C.S.R. shall receive a fifteen (15) minutes paid break.

The timing of paid lunch periods and paid rest periods will be determined by the Company based upon operational needs. It is understood and agreed that, in the

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event of an emergency or request for assistance, security officers are required to respond regardless of whether or not they are on rounds or on a paid lunch break or rest period.

18.02 The Company will endeavour to post a schedule of work hours fourteen (14) days in advance listing the names and hours to be worked.

18.03 OVERTIME Overtime will be paid for hours worked in excess of forty-four (44) hours in a week.

For definition, a week is 12.01 a.m. Monday to Sunday, midnight.

18.04 When scheduled overtime is required, overtime will be offered in order of seniority. For purposes of definition, scheduled overtime are hours of work in addition to the normal schedule of work hours that are known to be required 28 hours or more in advance of the commencement of the actual additional work hours.

Scheduled overtime will be offered to employees on the basis of seniority at management's discretion.

If enough volunteers are not obtained, then the Company may assign the work to any available employee who wishes to work.

18.05 When overtime results from a scheduled employee calling in sick or when the need for overtime becomes known to the Company less than 28 hours before the actual work hours, it is agreed that work will be offered in the following manner whenever practicable:

(a) work will first be offered to employees who are scheduled to work thirty-two (32) hours or less during the week in which the additional shift falls, in order of seniority. Offers will be extended first to security officers on duty at management discretion; after which off-duty officers will be contacted in order of seniority.

(b) upon completion of (a) above, then all officers, regardless of their scheduled work hours, will be contacted in order of seniority. Offers will be extended first.to security officers on duty unless it is a following shift; after which off-duty officers will be contacted (provided that they can be reached by telephone, without delay).

(c) Article 18.04 and 18.05 will only apply if CSR is not put into an overtime situation.

If enough volunteers are not obtained, then the Company may assign the work to any available employee who wishes to work.

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18.06 All employees will co-operate when overtime is required.

18.07 No security officer will be required to take regular time off to compensate for overtime hours unless the security officer agrees, in writing.

18.08 A part-time employee will be required to work a minimum of eight (8) shifts per month.

ARTICLE 19 -ANNUAL VACATION LEAVE

19.01 All C.S.R.s must book vacation thirty (30) days in advance and only one (1) C.S.R. at a time will be permitted off. The Company must be able to cover existing staffing without causing overtime.

ARTICLE 20- PAID HOLIDAYS

20.01 For the purposes of the Agreement, the following days are recognized as paid holidays for security officers on the active payroll who have completed their probationary period.

New Year's Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day

20.02 In order to qualify for payment for any of the paid holidays, a security officer must have passed his/her ninety (90) day probationary period and must work his entire scheduled work day immediately before and his entire scheduled work day immediately following the holiday. In addition, to qualify for payment for any of the paid holidays, part-time employees must have worked a minimum of eight (8) days in the four (4) week period preceding the paid holiday. However, when a security officer is absent from work on his preceding and/or following scheduled work day as a result of illness, as verified by the certificate of a duly qualified medical practitioner, the security officer shall be entitled to the paid holiday.

20.03 A security officer who qualifies for holiday pay in accordance with Article 20.02, shall be paid for his usual work hours (not to exceed eight (8) hours) at his regular basic hourly rate for each of the foregoing paid holidays. If any of the paid holidays fall on

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a scheduled day off or during his vacation, and qualifies under Article 20.02 of the Agreement, he shall receive a day off with regular pay to be taken at a time agreed to by the Company and the security officer. Said alternate day off shall be scheduled and taken within six (6) weeks following the Statutory Holiday worked.

20.04 If a security officer who qualifies for holiday pay in accordance with Article 20.02 is required by the Company to work on any of the above holidays, he shall be paid:

(a) one and one-half (12) times his regular basic hourly rate for the hours worked on the holiday in addition to his holiday pay; or at managements discretion,

{b) his regular basic hourly rate for the hours on the holiday and one (1) day off at his regular basic hourly rate to be taken at a time agreed to by the Company and the security officer.

ARTICLE 21 - WAGES

21.01 The Company and the Union agree that the scale of wages is as set out in Appendix "A" attached.

ARTICLE 22 - BENEFIT PROGRAM

22.01 The Benefit Program is set out in Appendix "B" attached.

The Company will pay (receipt required) for the prescription serum (currently $80) required to obtain a Hepatitis vaccination.

ARTICLE 23 - HEALTH AND SAFETY

23.01 The Company and the Union recognize the benefits to be derived from a safe and healthy place of employment. It is agreed that the Company, the security officers and the Union will cooperate fully to promote safe work practices, health conditions and the enforcement of safety rules and procedures.

23.02 The Union will appoint a Health and Safety Representative to the Joint Health and Safety Committee at Neiii-Wycik facility.

ARTICLE 24 - GENERAL

24.01 Employees are required to tender a doctor's certificate in a form acceptable to the Company:

(a) if requested by the Company due to frequent absenteeism;

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(b) if they are absent for three (3) consecutive days due to illness; or

(c) if requested by the insurance carrier, if applicable.

For purposes of definition, frequent absenteeism is regular absences of more than one (1) day per month.

The Company reserves the right to require an employee to visit a specialist to ensure the employee is fit to return to work or determine if the employee is capable of modified work.

24.02 The Union agrees that, where notification by the Company to the Union or its designate is required, the Company may satisfy this requirement by directing such notice to a Union Steward.

24.03 PERSONAL EQUIPMENT The Company will supply the following items, for use of the security officers, at no cost to the employees:

(a) Uniforms- with proper markings as determined by management.

C.S.R.s will be provided with 2 shirts and 2 pairs of slacks every year; (at the commencement of employment, 1 shirt and 1 pair of slacks will be provided with the second shirt and pair of slacks provided after completion of probationary employment period).

The substitute C.S.R.s will be provided with 1 shirt and 1 pair of slacks each year.

(b) The Company will pay $100 (receipt required) in any twenty-four (24) month period for two pair of suitable shoes. A range of suitable footwear to be developed. Shoes should be work shoes GSA approved.

(c) wet gear- with proper markings (to be kept at the centre for use, as required)

(d) winter gear- with proper markings (to be kept at the centre for use, as required)

(e) The Company agrees to provide one sweater all calendar year upon request from an employee with proper markings .

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The security officers are responsible for maintaining and safeguarding of the above items and are responsible for any loss occasioned by carelessness or neglect. All security identified gear must be returned at Management's request.

24.04 PERSONAL RECORDS A security officer's own personnel file is to be made available for viewing, in the presence of the Residential Life Manager or his designate, office hours in response to a request made two (2) week days in advance. Such requests will be directed to the Residential Life Manager.

24.05 JOB POSTING PROCEDURE All present part-time security officers will be considered for promotion to full time security officers where a full-time vacancy occurs. Any such promotion will be based on skill and ability of interested candidates and, where skill and ability are equal, promotion will be based on seniority. The agreement does not apply to the positions of Residential Life Manager or Security Supervisor(s).

24.06 CHANGING OF SHIFTS Officers shall be allowed the right to request to change shifts providing that such employees can arrange such changes between themselves and does not inconvenience the Company, and obtain permission from management, in advance, and provided further that the Company shall not be liable to pay any overtime or meal allowance in respect to any such change and provided that the officer is trained in the specific duties of the officer requesting the change. Requests for suc'ht: schedule changes will be presented to the Reside11tial Life 11:/laiiager or Security Supervisor(S), in writing signed by both officers, for consideration at least three (3) working days prior to the scheduled shift. In all such cases, the requisite Request For Change from will be completed and signed by both officers and the Reside: 1tlal .til., l:.ife:;;;Mai I&Qfi\r or Security Supervisor(s) of Security before any such request is deemed approved. No shift changes shall be granted that would put a C.S.R. below ten (1 0) hours per week.

24.07 REPORTING TO WORK An officer prevented from reporting for work by reason of sickness or other sufficient cause shall notify the Company as follows:

(a) afternoon shift- four (4) hours prior to commencement of shift (b) midnight shift- eight (8) hours prior to commencement of shift (c) mprning shift- one (1) hour prior to commencement of shift on first

day of illness.

Notification by security officers of their inability to report for a shift must be made directly to the General Manager or Security Supervisor(s) by the security officer who will be absent.

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Continuation of inability to report for subsequent shifts shall require notice prior to each scheduled shift.

An employee failing, without an acceptable reason to the Company, to comply with the foregoing provision shall be subject to discipline.

A C.S.R. must be ready for duty and in full uniform upon commencement of shift and shall remain in full uniform until the end of said shift.

ARTICLE 25 - BULLETIN BOARD

25.01 The Company will provided the Union with one (1) bulletin board, located in a mutually agreed to area, for the posting of Union notices. The parties agree that only notices that are signed by a Union Official and approved by the Company will be posted on the bulletin board.

ARTICLE 26 - COPIES OF AGREEMENT

26.01 The Company agrees to provide a copy of the Agreement to all present employees and all new employees, within the Bargaining Unit.

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ARTICLE 27- DURATION

27.01 This Agreement shall become effective as at April 151, 2009 and shall continue in

effect up to and including April 15\ 2012 at which time it shall be automatically

renewed unless either party gives notice to the other, not more than ninety (90) days prior to the expiry date, of its desire to enter into negotiations for the revisions or renewal of all or any part of this Agreement, and both parties shall thereupon enter into negotiations in good faith and make very reasonable effort to secure a renewal.

In the event that negotiations for the renewal of this Agreement continue past the expiry date, the provisions of this Agreement shall continue in full force and effect until such renewal is affected or until the conciliation procedures under the Ontario Labour Relations Act have been exhausted.

IN WITNESS WHEREOF the parties SIGNED AT THIS DAY OF

FOR THE COMPANY FOR THE UNION

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APPENDiX "A"

MEETINGS

C.S.R.s attending meetings as directed by management shall be paid a minimum of one hour pay. Meetings of more than one hour shall be rounded upward to the next half hour.

Emergency- a minimum of three (3) hours will be paid to the first two (2) C.S.R.s responding in addition to on duty C.S.R.s.

WAGES

Seniority will be respected. 41

~ ?e ;~; Base rate for employees (excluding substitutes) will be . · 4.

An increase of 2.5% will be added on January 1, 2004, 3% on January 1st, 2005 and 4% on . January 1s\ 2006. 'F

~ Q~v<-.

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APPENDIX "8"

Effective on date of ratification the employer agrees to provide the following benefit for all C.S.R.s.

Vision Care:

Sick Days:

100% reimbursement (receipt required)

Maximum payment $275.00 every two (2) years includes prescription eyeglasses, frames, contact lenses and safety glasses only.

An employee who regularly works thirty (30) hours per week shall receive one (1) paid sick day per month. Such days may be carried over to a maximum of one hundred (1 00) days.

Employees shall be required to provide a doctor's note after three (3) continuous sick days of absence.

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APPENDIX "C"

EDUCATION

The Company will pay for relevant or pre-approved courses/training required or desirable for the discharge of duties as a CSR.

Wages will be paid for approved or required courses.

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APPENDIX "D"

SOLITARY SHIFTS

During regular semesters, two people will be on shift from 11:00 pm until 7:00 a.m. on Thursday, Friday and Saturday nights. During the summer months (May to August) two people will be on shift from 11:00 pm until 7:00 a.m. every night.

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APPENDIX "E"

The Company agrees to establish an RRSP Plan on or before January 15\ 2005. Such

plan shall be agreed to between the individual and the Company on a 50/50 co-pay basis to a maximum of one cent (1 ¢).

A member with six (6) months service may enter into an RRSP plan and the Company will match their contributions up to 4% of their annual pay, payable monthly based on their earnings that month- plan details and contributions required. The contribution will be paid directly into their plan.

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APPENDIX "F"

EDUCATION FUND

A member with six (6) months service will be eligible to establish an education fund. The Company will match their contributions up to thirty dollars ($30) per month up to a maximum of six hundred dollars ($600) per year. Contributions will be held by Wycik.

If a member withdraws funds the contribution can resume again to a maximum of ($600). CSR contribution will be deducted from employee's pay.

Enrolment in plan shall be voluntary and subject to approval of management, both to plan and courses selected. Courses must be offered by a recognized post-secondary institute.

On resignation or dismissal, any unused CSR contribution will be refunded.

WAGES

Effective:

April 151, 2009 an increase of 1%.

April1 5\ 2010 an increase of 2%.

April1 5\ 2011 an increase of 2%.

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LETTER OF UNDERSTANDING

Between

NEILL-WYCIK CO-OPERATIVE COLLEGE INC.

And

RETAIL WHOLESALE CANADA\CAW DIVISION, LOCAL 414

RE: SOCIAL JUSTICE FUND

The Company will contribute one cent (1 ¢) per hour worked to the CAW Social Justice Fund (SJF) which is a registered charity established by the National Union. CAW. The SJF language requires the employer to pay into the fund the amount negotiated for every hour worked by each employee. Contributions to the Fund will be made quarterly, in the middle of the month immediately following completion of each calendar year, and such contributions will be mailed to:

CAW Social Justice Fund 205 Placer Court North York, ON M2H 3H9

Please make your cheque payable to CAW Social Justice Fund. The Company will be issued with a charitable receipt for each payment.

FOR THE UNION FOR THE COMPANY

ML:da:cope343

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