COLLECTIVE AGREEMENT

Between

BA INTERNATIONAL INC.

And

AMALGAMATED TRANSIT UNION Local279

Ratified on October 23, 2011 Expires on December 315

\ 2013

TABLE OF CONTENTS

Article 10 Article 6 Article 26 Article 29 Article 25 Article 8

Article 19 Article 22 Article 11 Article 27 Article 4 Article 12 Article 15

Article 1 Article 2 Article 18 Article 17

Article 20 Article 5 Article 21 Article 16 Article 23 Article 7 Article 28 Article 3 Article 9 Article 13 Article 24 Article 14 Appendix "A" Appendix "B" Appendix "C" Appendix "D"

Bereavement Leave ......................................................... . Conflict Resolution Process ............................................... . Development and Training ................................................. . Duration of Contract ........................................................ . Health and Safety ........................... ..... .... ....................... . Holidays with Pay ........................ .. . ................................. . Interpretation and Definitions ............... .... .............. ..... ... .... . Job Posting ..... .. ........... ........................ .. .... . .... .. ............ . Job Security .. .... .. ......... ..... ..... ................................... . .. .. . Jury Duty .............. .... . ........... ...................................... .. . L1cencmg ........... .... . ....... . .......... ............................. . ..... . Management Rights ........................................................ . Other Leaves ................................................................. . Overtime .................. ........ . ...... ....................... . .... ........ .. .

Purpose of Agreement ..................................................... . Recognition .. . ..... . .. .. . . ...... ... .................................... ....... . Reporting Pay .............................................................. . Rest and Lunch Periods ............ ......................................... . Seniority Lists ......... .. .. .. ........................................... .... . Service I Seniority ..................................................... . .. . .. . Severability .. ....... ..... ................................................... . Severance . .. .... ..... . .. ..... . . . . ... . ...... ............... .................... . Shift Work ...... .............. . ... ......... ................. .... .... ....... . .. . Statement of Duties ...................... ..... .. .... . .. ................. . . . . Strikes and Lockouts ............. ... ............................ . .... .... . .. . Temporary and Part-Time Employees ................................... . Union Security .............................................................. . Vacation ....................................................................... . Wages .......................................................................... . Welfare Program ........................................................... . Working Hours ..................... : ...... · .................................. . Bereavement Leave- Definitions ......................................... . Benefit Summary .............................................. .. ............ . List of Clothing and Equipment ......................................... . Seniority List ................................................................. .

Letters of Understanding

Page 15 9 24 26 24 12 3 19 23 16 25 9 16 17

5 5 19 18

20 9

21 18 23 12 25 6 13 16 23 17 27 28 30 31

· No. 1 Overtime Protocol............................................................ 32 No. 2 Unable to Take Uninterrupted Lunch Breaks . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

. No.3 Work to be Performed on Holidays........................................ 34 No. 4 Article 15 - Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35 No. 5 Floating Day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 No.6 Shift Selection Process........... ......... . .... ......................... .... 37

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INTERPRETATION AND DEFINITIONS

For the purpose of this Agreement:

(a) "ATU" means the Amalgamated Transit Union Local279

(b) "Continuous employment" unless otherwise stated in this Agreement, shall include all service from time of hire.

(c) "Christmas and New Year Period" means- December 24th to January 3rd.

(d) "Day of rest" in relation to an employee means a day, other than a.holiday, on which that employee is not ordinarily required to perform the duties of his/her position other than by reason· of his/her being on leave of absence.

(e) "Employee" means a person of either sex who is member of the bargaining unit as defined in Article 2.01;

(f) "Company" means BA International Inc.;

(g) "Holiday" means the twenty-four (24) hour period commencing at 12:01 a.m. on a day designated as a paid holiday in this Agreement;

(h) "Layoff' means to cease .to. be employed because of lack of work for a period of time as described within the Collective Agreement. ·

(i) "Leave of absence" means permission to be absent from duties.

G) "Local" shall mean Local 279 of the Amalgamated Transit Union.

(k) "Membership dues" means the dues, fees, and assessments, payable by all its members as a consequence of the membership in the A TU.

(1) "Summer Period" means - June 1st to August 31st - Friday Labour Day weekend.

(m) "Worked days" means a period during which the employee is in full-time attendance at Company. Layoffs and authorized or unauthorized leaves of absence, other than time absent by a union official to conduct union business, from Company shall not be considered as worked days.

(n) "Part-time employee" means an employee who does not regularly work:

(i) forty ( 40) hours in a week; or

(ii) eighty (80) hours over a 2-week pay period.

For part-time and temporary employees, unless there is specific language in this article directed towards you, please refer to Article 27.

(o) "Temporary employee" means an employee who works regular full time hours for a definite period of time.

(p) "Termination of employment" means to end employment relationship after receiving a severance payment, dismissal for cause or employee resignation.

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(q) "Full-time employee" means an employee who is regularly scheduled to work a minimum of eighty (80) hours in a two (2) week pay period.

Except as otherwise provided for in this Agreement, expressions used in this Agreement, if defined in the Ontario Labor Relations Act, 1995 have the same meaning as given to them in that Act.

Words in the masculine include the feminine and words in the singular include the plural, unless the context specifically requires otherwise.

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Article 1 -PURPOSE OF AGREEMENT

1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Company, the Employees and the Amalgamated Transit Union Local 279, to set forth certain terms and conditions of employment relating to pay, hours of work, employee benefits and general working conditions affecting employees covered by this Agreement and to ensure that all reasonable measures are provided for the safety and occupational health of the employees.

1.02 The parties recognize that the Company is engaged in business activities which require that the Company receive effective protective services of high quality to meet their security needs. To that end, the parties to this Agreement share a desire to enhance the quality ·of work, promote the well-being and increase the productivity of the employees covered by this agreement. Accordingly, the parties are determined to establish, within the framework provided by law, an effective working relationship.

Article 2 -RECOGNITION

2.01 The Company · recognizes the Amalgamated Transit Union Local 279 as the sole bargaining agent for all employees working as security Personnel of the Company in the City of Ottawa save and except supervisors and persons above the rank of supervisors.

2.02 The Union will not engage in Union activities during working hours without the permission of the Company, which will not be unreasonably withheld.

2.03 The Company will grant leave with pay to a reasonable number of members of the bargaining unit required to attend meetings called by, or scheduled with and accepted by, Management on matters other than grievances. It is the exclusive right of management to arrange for these meetings.

2.04 The Company will grant leave without pay to the Executive Board Member or his/h~r alternate for the purpose of attending preparatory negotiation meetings. Where operational requirements permit, the Company will grant leave without pay to a reasonable number of employees to attend preparatory negotiation meetings.

2.05 a) Employees shall have the right to request the presence of a Union representative if called in regarding a warning or a reprimand.

b) When a disciplinary report has been recorded in writing (other than a written record of a verbal counselling), one copy shall be placed in the employee's file, one copy shall be given to the employee, and unless the employee disagrees, one copy shall be forwarded to the Union office. Offences of which the employee was not previously informed of shall not be taken into consideration when rendering discipline.

c) The discipline record of an employee, except under extraordinary circumstances, shall not be considered beyond the previous two years.

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Article 3 -UNION SECURITY

3.01 Union Dues

a) All Employees in the Bargaining Unit who are members of the Union in good standing on the effective date of this agreement must, as a condition of employment, maintain their membership in good standing. Any Employee who is not a member of the Union on the effective date of the Agreement must join the Union within fourteen (14) days of the effective date of the Agreement and must maintain his/her membership in good standing.

i) To keep his/her membership in the Union in good standing, an Employee must pay the membership dues and assessments required of all members of the Local Union.

ii) All new Employees covered by this Agreement shall, as a condition of employment apply for membership in the Union within fourteen (14) calendar days from the date of hiring.

iii) The Company, upon receipt of written authorization of the Union, will deduct Union dues in the amount specified in said authorization and remit monthly to the Union.

b) The ATU shall supply the Company with any related information necessary to facilitate such deductions.

c) The Company shall receive written notification from the A TU of any changes in the amount of union dues in advance of the implementation of any changes in such dues to be deducted.

3.02 Information

a) The Company agrees to supply the ATU with the updates of employee~s address, phone number, area and position as they are received.

b) The Company will print and provide all employees with a copy of this collective agreement within ninety (90) days of the signing of this Agreement.

c) The Company shall provide the ATU with a copy of all Company personnel directives that are posted on the notice board for the information or direction of the employees.

d) The Company agrees to inform the Union office in writing of any disciplinary notices (interviews, disciplinary actions and terminations), resignations, leave of absences and retirements.

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3.03 Probationary Employees

a) New employees shall be on probation for one hundred eighty (180) calendar days from their date of hire in the bargaining unit or in the department.

b) The Company may terminate the employment of a probationary employee, at its discretion, provided that in so doing the Company does not act in bad faith or in a manner that is arbitrary or discriminatory.

c) It is acknowledged that in case of termination of a probationary employee, the sole question that may form the subject of a grievance is whether the decision to release the employee was made in a manner that was arbitrary, discriminatory or in bad faith and the burden of proof with respect to such a claim rests with the union.

Upon prior notice from the Company to a probationary employee, that employee's probationary period may be extended for an additional ninety (90) calendar days.

3.04 Union Activities

a) Employees who may be members of a committee or officers of the Union or delegates to a convention of the Union shall be granted the necessary days leave of absence in any one calendar year without loss of seniority.

In respect of a convention, the Union shall give at least thirty (30) calendar days notice, and in the case of a conferenc-e or seminar fourteen (14) calendar days notice of the delegate for whom the leave of absence is required.

b) Where operational requirements permit, the Company will grant leave without pay to a reasonable number of Employees to attend conferences and conventions of the ATU. Permission for such leave will not be unreasonably withheld.

3.05 Union Representations

a) The Union will inform the Company of the Executive Board Member(s) and Shop Steward(s) elected or appointed to represent the ATU Members employed by the Company. The Union will update the Company of any changes to the Executive Board.

b) The Union Executive Board Member, alternates and members of committees will be required to perform their regular job duties.

3.06 Time Off for Union Representatives

a) When an employee and his/her representative are involved in the process of his/her grievance, he/she and his/her representative shall be granted.the necessary time off from work with pay to attend the hearings at the various steps of the grievance procedure. . These hearings, after step one, will be held at such times as are mutually agreeable to the parties.

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b) The Company will grant leave without pay to an employee who exercises the authority of a Union Executive, on behalf of the Local, to undertake training, related to the duties of his/her position. This shall not create unnecessary overtime.

c) The Company will grant leave without pay to a Union Representative to attend official meetings of the Local or its administration.

d) Any employee elected to a full-time office or position in the Union or any other body with which the Union is affiliated shall, upon written application to the Manager, Human Resources, be granted leave of absence without pay and shall accrue seniority and service for the duration of the period he/she is so acting. Upon retirement from said office, the employee shall be reinstated in his or her former employment, provided the employee is qualified, after having received the normal training required to fill such a position at the time of reinstatement. All pension and benefit packages shall remain in effect with all costs paid by the employee and/or union.

3.07 Employee Orientation Program

a) When the Company conducts information sessions to initiate Security Personnel, a Union Representative will be given a dedicated segment to explain the Union's role in administering the collective agreement and to complete the necessary documents required concerning their membership in the Union. This session shall take no longer than 15 minutes for each new employee.

Records and Seniority Dates

b) The Union will be provided with the names and start dates of new Employees within seven (7) calendar days. Arrangements will be made by the Company for the new Employee to meet with his/her Union Representative during the new Employee Orientation session but in no case later than fourteen ( 14) calendar days from the date of hire.

3.08 Bulletin Board

a) The Company shall provide bulletin board space clearly identified for ATU use for the posting of notices pertaining to notices of meetings, bulletins, elections,

·appointments, new items and social and recreational affairs. To be posted, such notices shall have been initialed by an authorized Union Representative.

b) The Company · shall make available to the Local an appropriate place for the placement of bulk quantities of literature of the Local.

c) Upon request, the Local Executive may be granted permission for reasonable use of a free conference room from time to time for conducting business related to the Bargaining Union.

d) The Company shall deliver incoming Union mail via the Company's internal mail system.

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e) Upon request, reasonable use of the Company's photocopying machines, telephones and facsimile machine may be granted for the purpose of Union business.

3.09 Management/Supervisory staff is not to perform Bargaining Unit work except in the following situations:

a) In an emergency arising out of unforeseen circumstances which call for immediate action to avoid interruption of any operation;

b) In the instruction or training of employees, including demonstrating the proper method to accomplish the task assigned.

Article 4- MANAGEMENT RIGHTS

4.01 The Union acknowledges that it is the exclusive right of the Company to operate and manage the business in all respects in accordance with its commitments and responsibilities, including but not limited to the right and power to hire, lay off, suspend, discharge, promote, demote and discipline for just cause, any employee subject to the provisions as set forth specifically in this agreement.

The Company also has the right to make and alter from time to time rules and regulations to be observed by its employees, which rules and regulations shall not be inconsistent with provisions of this agreement. A copy of notice of change will be posted and provided to the Union Office.

4.02 The Company acknowledges that it shall exercise its rights in a manner that is consistent with terms of this agreement.

Article 5- SEVERABILITY

5.01 In the event any law or regulation is passed by a legislative authority, which would apply to Employees covered by this Agreement, renders null and void any provisions of this Agreement, the remaining provisions of the Agreement shall remain in effect.

Article 6- CONFLICT RESOLUTION PROCESS

6.01 The parties to this Agreement share the desire to settle all grievances as expeditiously and equitably as they arise and are committed to the following conflict resolution process.

6.02 A Union Representative shall not suffer any loss of pay as a result of meeting with Management to deal with a grievance during his/her regularly scheduled hours.

Grievance Procedure

6.03 An Employee who believes that he/she has a grievance shall discuss and attempt to settle it with their Supervisor or his/her delegate, with or without a Union Representative, as the employee may elect.

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. 6.04 All matters of grievance arising out of the collective agreement will be presented in

the manner prescribed to the immediate Supervisor's or the Union's attention, specifying which article has been breached.

6.05 Step No. 1

An employee is granted the right to present a grievance in writing at the first step of the grievance procedure at any time within twenty-one (21) calendar days from the date on which he/she was informed (or otherwise became aware) of the decision, situation, or circumstance that is the subject of his/her grievance. The Employee will be represented by the Union Executive Board Member or his/her alternate who may present the grievance to the Supervisor or their delegate.

i) Grievances not resolved at step one within a period of seven (7) working days may be referred to step two;

ii) The decision of the Company at Step No.1 will be given in writing within seven (7) calendar days.

6.06 Step No. 2

The Union Executive Board Member or his/her alternate shall present a grievance at ~tep No.2 of the grievance procedure provided that it is presented within a maximum period of fourteen (14) calendar days from the date a decision was received at the previous step, or if no decision was received, within twenty-one (21) calendar days from the .day the grievance was presented at Step No.1. This step in the grievance procedure will be handled by higher Management at BA International Inc. The grievance will normally be heard at Step No.2, at which the grievor shall attend, within fifteen (15) calendar days after its presentation. A written decision shall be rendered within fourteen (14) ·calendar days after the date of the hearing.

If the executive management of the Company or the Union has responded to the grievance and twenty (20) calendar days have elapsed without response from the other party, the grievance will be deemed to be abandoned.

Manner of Presentation of a Grievance

6.07 A grievance presented at any step in the grievance procedure should be set out in writing on the prescribed agreed to form in accordance with the instructions contained on the form and handed to their supervisor or his/her delegate.

6.08 The Company will notify the Union Executive Board Member or his/her alternate of any immediate discharge of an employee in writing, together with the reasons therefore, within forty-eight ( 48) hours.

6.09 When the Company discharges an Employee and a grievance is submitted, the grievance process will apply except that the grievance will be presented at the second step.

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Policy or Group Grievances of 2nd Step

6.10 Where the grievance relates to the interpretation of this Agreement or an arbitral award, the A TU may, on· behalf of any or all of the Employees in the Bargaining Unit, present a grievance at 2nd step in the grievance procedure.

6.11 No matter may be submitted to arbitration that has not been properly carried through all steps of the grievance procedure. The time limitations in this Article are mandatory and, unless mutually agreed, any grievance which is not dealt with in accordance with these provisions shall be deemed to have been abandoned, and all rights of recourse to the grievance procedure shall be at an end.

6.12 A grievance by an Employee shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Company.

6.13 A grievance relating to disciplinary action, discharge, promotion, or demotion or lay­offs and recall in connection with the decrease or increase of the working force must be filed within seven (7) calendar days from the date of the alleged incident.

Arbitration

6.14 a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitral or where an allegation is made that a term or condition of this Agreement has been violated, either of the parties may, after exhausting the grievance procedure in this Article, notify the other party in writing within twenty (20) calendar days of the receipt of the reply at the second step, of its desire to submit the difference or allegation to arbitration. The matter will normally be reviewed by a sole arbitrator, chosen by the parties or where the parties are unable to reach agreement, the appointment shall be made by the Minister of Labour. The process · of identifying a sole arbitrator will be initiated within fourteen (14) calendar days.

b) Where either party wishes to refer the matter to an Arbitration Board, that party shall notify the other party within twenty (20) calendar days. The notice shall contain the name of the first party's appointee to an Arbitration Board. The Recipient of the notice shall, within fourteen (14) calendar days, inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall, within twenty (20) calendar days of the appointment of the second of them, appoint a third person who shall be the Chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairman within the time limit, the appointment shall be made by the Minister of Labour upon the request of either party.

6.15 Where the parties have agreed to a sole arbitrator, the sole arbitrator shall be considered to be an Arbitration Board for the purposes of this article. The Arbitration Board shall he/she and determines the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any Employee affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairman governs.

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6.16 An arbitrator under this Agreement shall have the powers of an arbitrator under section 48 of the Labour Relations Act, 1995, with the exception of subsection 48(16). The arbitrator shall not make any decision inconsistent with the provisions of this Agreement, or add to, subtract from,' alter, modify or amend any part of this Agreement.

6.17 The Company and the ATU shall each pay one-half (1 /2) of the remuneration and expenses of the Chairman of the Board and each party shall bear its own expenses of every such arbitration.

6.18 In the case of any grievance relating to Article 19, it is agreed that, the grievor shall file his/her grievance within seven (7) calendar days from the date he/she was informed in writing by the Company that he/she has been an unsuccessful candidate, and that such grievance shall be presented in writing at the final step of the grievance procedure.

Article 7- STRIKES AND LOCKOUTS

7.01 The Company agrees that there shall be no lockout of its Employees during the life of this Agreement, and the A TU agrees that there shall be no interruption or impeding of work, work stoppage, strike, sit-down or any other interference with Company operations by any Employee during the term of this Agreement.

Article 8- HOLIDAYS WITH PAY

8.01 Eleven (11) holidays with pay will be allowed during the year, as follows-:

Statutory Holidays Other Holidays New Year's Day January 2"u Family Day Civic Holiday Good Friday Victoria Day Canada Day Labour Day Thanksgiving Day Christmas Day BqxingDay

8.02 Due do the nature of the work, holidays with pay will be observed the day it occurs. All employees who qualify under the terms of the Employment Standards Act, 2000 (ESA) are eligible for the Statutory Holidays noted above in accordance with the ESA. Only permanent Full-time employees are eligible for the "Other Holidays" noted above.

8.03 Holidays will be paid for eight (8) hours at the rate the employee has worked the majority of the pay period in which the holiday occurs.

8.04 To be eligible for a holiday with pay, the employee must work his/her full scheduled shifts before and after the holiday unless leave is approved by the Company.

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8.05 If work is performed on any of these holidays, only those hours worked during the 24 hour (00:01 - 12:00 HR I 12:01 - 23:59 HR) will be paid for at double the regular hourly rate, plus holiday pay.

8.06 Work to be performed on any of these holidays will be offered to permanent full-time employees before it is offered to part-time or temporary employees.

8.07 When a holiday with pay is observed on a Monday:

a) shifts available will be posted

b) permanent scheduled employees will bid for the double time by seniority per shift

c) if no permanent employees are interested, shift( s) that remain available will be offered to temporary or part-time employee(s).

d) Subject to the Employment Standards Act, if no temporary or part-time employees are available, the most junior permanent employees will be scheduled.

Article 9- VA CATION

9.01 a) Employees who have completed the following years of service by May 31st shall receive vacation with pay as follows:

Years of service by May 31 One (1) Three (3) Eight (8) Twenty (20)

Weeks of Vacation Two (2) - 80 hours

Three (3) - 120 hours Four (4)- 160 hours Five (5)- 200 hours

b) It is understood that vacation will normally be taken in periods of no longer than two (2) weeks.

c) Annual vacation shall be recorded for each employee in hours. With prior agreement he/she may use accrued vacation credit when absent from work for one (1) hour or more.

d) An employee who works less than one hundred and seventy-five (175) days but more than twenty-five (25) days at a shift premium rate during the calendar year, will be paid his/her vacation entitlement in the succeeding year on a pro-rata basis calculated as follows:

No. of premium rate shifts X days of vacation 175

e) It is understood that when an employee is reinstated within the recall period stipulated in Article 21 he/she will be given vacation credit immediately for all past service with the Company.

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9.02 a) Vacation is earned and calculated on an annual basis from June 1st to May 31 5\

inclusive, and is granted annually based on years of service.

b) Employees on active payroll at June 1st of the current year and who have not completed one (1) year of service at the preceding May 315

\ are entitled to prorated vacation based on the period they have worked (i.e. date of employment is September, vacation entitlement will be pro-rated to equal 9/12 of the normal yearly entitlement).

c) Employees who, during the reference year, were on an approved Leave of Absence will have their vacation entitlement prorated.

d) In the year that an employee completes three (3), eight (8) or twenty (20) years of service with the Company, vacation will be calculated on the basis of 1-day vacation for every 2 months of service to a maximum of 5 additional days.

9.03 a) In granting vacation leave with pay to an employee, the Company shall, subject to the operational requirements, make every reasonable effort:

i) to grant an Employee vacation leave for the period or periods that they have requested in writing, and where it is impossible to do so, the Company shall grant preference to those Employees who have the longest seniority by department.

ii) Earned vacation entitlement cannot be anticipated or carried over from one vacation year to another unless approved as follows:

• One ( 1) week carry-over requires Manager/Supervisor approval.

• Carry-over greater than one (1) week but less than three (3) weeks will require approval of the Vice President responsible for the department.

b) Employees who do not schedule and take their vacation prior to the year-end will lose the remaining vacation provided provincial minimums are met.

9.04 An Employee earns but is not entitled to receive vacation leave with pay before June 1 stfollowing his/her date of hire.

9.05 Where, in respect of any period of vacation leaves:

a) a recognized holiday occurs on a normal working day during an employee's vacation, the employee is entitled to schedule the day of vacation within the current reference year subject to the terms of the current article.

b) an employee becomes disabled, injured or is hospitalized (for other than elective or cosmetic reasons) during his/her vacation, the employee shall have the remaining portion of his/her vacation rescheduled. This will require bona fide evidence of hospitalization or medical certification and has to meet the short-term disability requirements of the plan.

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9.06 a) All employees have to request their vacation with a vacation request form. When vacation time is approved the request form shall be returned to the Employee within a reasonable period. Employees should not make any vacation commitments until vacation scheduling has been approved in writing. Employees wanting to schedule three (3) or more consecutive weeks of vacation must submit their request in writing to the Human Resources department.

b) If the Company refuses vacation time, the Employee shall be given his/her vacation request form back with reasons for denial.

c) For any other period, except where operational service interferes, vacation will be approved on a first arrive first serve basis.

d) The Company reserves the right to schedule vacations or to institute a company­wide vacation shutdown period. Every effort will be made to notify employees in advance of a "shutdown".

Article 10- BEREAVEMENT LEAVE

10.01 An employee who is absent from work for attendance at the funeral of a member of his/her immediate family or other specified relatives shall be entitled to leave during the time of bereavement not to exceed the following.

10.02 a) Where a member of his/her immediate family dies, an employee shall be entitled to a maximum of seven (7) consecutive calendar days following the date of death. Compensation for such leave will be at the employee's current rate of pay for the regularly scheduled shifts within such time.

b) Where an employee's immediate relative dies, the employee shall be entitled to a maximum of three (3) consecutive calendar days, not to extend beyond the day following the funeral. Compensation for such leave will be at the employee's current rate of pay for the regularly scheduled shifts, if any, within such time.

c) Where an employee's relative dies, the employee shall be entitled to a maximum of one (1) calendar day, not to extend beyond the day of the funeral. Compensation for such leave will be at the employee's current rate of pay for the regularly scheduled shifts, if any, within such time.

10.03 Upon request and approval from their supervisor, the Employee may use one of the allotted bereavement days at a later date to attend a burial or cremation service.

10.04 In order to justify the payment of leave, employees are required to provide notice of death.

10.05 Such leave shall not be applicable to leaves of absence but with prior agreement with the supervisor, vacation can be rescheduled at a later date. · It is understood that such vacation are to exceed the bereavement leave entitlement.

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10.06 With prior arrangement with the Company, an unpaid leave of absence can be granted or vacation may be used if the employee is required to settle the deceased's estate. Also with prior arrangement with the Company vacation or unpaid leave of absence may be granted to extend the time for personal reasons.

10.07 The Company will grant an unpaid leave of absence or vacation for travel in the case of bereavement in a considerable distance, if requested.

Article 11 -JURY DUTY

11.01 The Company will pay an employee who is required for Jury Service or subpoenaed as a Crown witness for each day of service the difference between his/her regular shift straight time hourly rate for the number of hours he/she normally works on his/her regular day and/or night shifts and payment he/she received for Jury Service or as a witness. The employee will present proof of either and the amount of pay he/she received.

11.02 With prior agreement with the Supervisor, an employee working the night 12 hour schedule may use the time allowed before or/and after the day of service.

11.03 When an employee is excused from service for one-half (1/2) day or more, he/she must return to the plant and complete his/her regular shift.

Article 12 -OTHER LEAVES

12.01 Employees may request approval for unpaid leaves of absence in writing through their supervisor. The Company will not delay unnecessarily in responding to these requests. The employee shall continue to accrue his/her service and seniority if granted a leave of absence.

12.02 Pregnancy & Parental Leaves

Employees are eligible for Pregnancy and Parental Leave in accordance with the Employment Standards Act, 2000 (ESA).

An employee's service with the Company shall continue to accumulate during any such absence. ·

12.03 In the occasion of birth or legal adoption of a child, the Company agrees to a compassionate leave of one (1) day with pay .

. Article 13 - WAGES

13.01 Employees who are in active employment and on the payroll as of the date of ratification shall receive a signing bonus of $500.00. Any and all increases in wages will be retroactive from January 1, 2011.

January 1, 2011 Janu~~ 1, 2012 Janua_rr_ 1, 2013

$18.77 2.0% $19.14 2.0% $19.62 2.5%

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13.02 The Company may at any time temporarily appoint a full-time Security Officer/ Auditor to the position of Supervisor in an acting capacity. The Company will endeavor to provide an opportunity to those employees who demonstrate an interest in filling acting appointments provided that they are readily available and non­probationary. The Company will make every reasonable effort to offer an acting opportunity on an equitable basis, only insofar as it is possible.

13.03 An employee designated as Acting Supervisor will receive an additional 10% on his hourly rate when assigned.

Article 14- WORKING HOURS 14.01 The Company will make every r~asonable effort:

a) not to schedule the commencement of a shift within twelve (12) hours of the completion of the employee's previous shift;

b) to avoid excessive fluctuation in hours of work; and

14.02 Each employee is expected to be available to work either 8 hour shifts or 12 hour shifts through a seven (7) day week. The basic normal workweek is 40 hours (averaged over a 2-week period).

14.03 In cases where an employee reports late for work only the time actually lost by the employee himself may be deducted.

14.04 Meetings are paid at straight time unless a meeting is mandatory in which case time attending the meeting will be paid a minimum of 4 hours at straight time . .

Article 15- OVERTIME

15.01 a) "Overtime" means work performed by an employee in excess of either the regular hours per day and/or scheduled hours per week.

b) "Straight time rate" means the hourly rate of remuneration;

c) "Time and one half' means one and one half the straight time rate.

15.02 Overtime shall be assigned to permanent full-time employees by seruonty by department. If after the overtime has been offered to all the employees there is no volunteer, hours will be offered to temporary or part-time employees. (Ref. to Letter of Understanding- Overtime Protocol)

15.03 When three (3) hours or more overtime is worked, a rest period often (10) minutes will be allowed.

15.04 The Company agrees to pay a minimum of four (4) hours regardless of time worked, when an employee reports to work for a scheduled shift of overtime and is informed the overtime is no longer required.

17

15.05 Mandatory Overtime

Employees may be required by the Company to work up to four ( 4) hours of overtime per week.

Article 16- SHIFT WORK

16.01 A 7.5% premium on regular hourly rate is paid to employees who work the 2nd and 3rd shifts on the 5-day schedule and to employees who work the 2nd shift on 12-hour schedule.

5 days 1st shift - day 2nd shift - evening 3rd shift- midnight

3 days 1st shift - day 2nd shift - midnight

16.02 The Company will make reasonable efforts to enable full time non-probationary Employees to select their preference for the eight (8) hour shift or twelve (12) hour shift by seniority, in six-month increments, provided that the Company is able to. obtain a balance of experience, skill and ability with probationary Employees. Such discretion shall be exercised by the Company in good faith.

16.03 Shifts available in General Security will be posted at the beginning of the months of March and September, choice to be effective the first full week of April and October.

16.04 Production Security Employees will be assigned on shift (5-day schedule) and will rotate every 4 weeks.

16.05 The Company reserves the right to modify the schedule structure and the right to establish and alter starting and quitting times at any time during the year subject to reopening the bidding process.

16.06 Where practicable, the Company will endeavour to provide twenty-four hours notice of shift changes to part-time employees.

Article 17- REST AND LUNCH PERIODS

1 7. 01 Due to the nature of the work, employees may be required to work through part of all of their breaks but will be given an opportunity to have paid meal break of 30 minutes on an 8-hour shift or 2 paid meal breaks on a 12-hour shift, and 2 rest breaks of 10 minutes sometime during their shift. However, the employee must remain available during the said period.

17.02 The employee will remain on the premises unless otherwise approved by the supervisor. Such approval will not be unduly withheld.

18

Article 18- REPORTING PAY

18.01 a) If an employee reports for work on his/her scheduled shift and there is a change of his/her shift assignment, he/she shall be entitled to four (4) hours of work of pay at the straight time rate;

b) If an employee reports for work on his/her scheduled shift and there is no work or insufficient work available, he/she is entitled to four (4) hours of work or pay at the straight time rate;

c) If an employee is directed to report for work and there is no work available, he/she shall be entitled to four (4) hours of work or pay at time and one half (1 Y2) on a day of rest and double time (2) on a Paid Holiday listed in Article 8.

18.02 In the event an employee is called to report to work after he/she has left after his/her regular shift, he/she will be paid a minimum of four ( 4) hours for call-in at the rate of time and one-half (1 Yl).

Article 19- JOB POSTING

19.01 a) Employees may apply for any regular opening that is posted. All hourly paid vacant positions are posted for a period of seven (7) calendar days.

b) Posting shall contain the title of position, summary of the duties of the job, qualifications and applicable nite of pay.

19.02 Capability, seniority, service with the Company and past performance will be among the major factors in determining the successful applicant. The Company will hire from the outside if the Company determines that a suitable applicant ·is not available.

19.03 Every Employee who has been promoted as a result of a promotional competition will undergo a trial period of one hundred and twenty (120) calendar days during which the Company may assess his/her capability to perform the duties of the position. In the event that the Company decides that the Employee is not suitable for the position, he/she will be reverted to a position at a salary not less than the one he/she occupied before the promotion. An employee who has been rejected during his/her trial period following a promotion shall have the right to grieve the rejection.

19.04 If an Employee accepts a position outside the bargaining unit, the Employee shall retain their Seniority accumulated prior to the date of such transfer for a retention period of six ( 6) calendar months. On or before the end of that period, the Employee must either exercise their Seniority rights to return to the bargaining unit, or relinquish

· all such Seniority.

19.05 During the six-(6) month period described in 19.5 above, an Employee who wishes to protect their seniority within the Bargaining Unit must pay the equivalent union dues.

19

Article 20- SERVICE I SENIORITY

20.01 a) For the purpose of this Agreement, "Service" shall be defined to mean the length of uninterrupted service of an Employee with the Company since their most recent date of hire.

b) "Seniority" shall be defined to mean the length of Continuous Employment of an Employee since their most recent date of hire in the department.

c) An Employee's full-time departmental seniority shall commence from the date of appointment to a full-time position. In the event that an Employee reverts to part­time status, and subsequently returns to a vacant full-time position in that department, he/she shall be credited with all previously accrued full-time departmental seniority.

Loss of Service/Seniority

20.02 An employee shall lose their service and seniority and their employment shall cease when an Employee:

a) resigns;

b) is discharged for cause and subsequently not reinstated;

c) if he/she has been terminated with severance pay or laid off and not recalled within the provisions of Article 20.5 and 20.6;

d) fails to report to work within five ( 5) work days after recall from a layoff, except when this time limit has been extended by mutual written agreement between the Company and the Employee;

e) if he/she overstays a leave of absence unless there are good reasons for his/her failure to return.

Lay off

20.03 If for any reason it is necessary to reduce staff, the reduction will be made by application of reverse seniority by department, provided that the remaining staff has the necessary qualifications and skills to perform the work. In the event there is a vacancy in the other Security department, the laid off employee may apply and shall be considered through the competition process. Should the laid off employee have similar qualifications and performance and more seniority in the Bargaining Unit, the employee will fill the vacancy. ·

20.04 A full time Employee who is to be laid off under Article 20.3 shall have the option to displace the Part-Time Employee with the least Seniority provided the Full-Time Employee has the necessary qualifications, skill and ability to discharge the work performed by the Part-Time Employee. It is understood that rights and privileges attached to the full-time position will cease.

20

Recall

20.05 When an Employee has been laid off, he/she shall be entitled to recall to the position in which he/she was working at the time of his/her layoff in reverse order of the layoff procedure.

20.06 If an Employee is recalled and rehired within the recall period, his/her service and seniority shall be counted by including his/her service and seniority prior to such layoff. This in no manner refers to the Employee's pensionable service.

Service/Seniority Lists

20.07 There shall be one (1) Service List and two (2) Departmental Seniority lists including temporary and part time employees.

20.08 The current seniority lists showing the name, service and seniority of each Employee shall be sent to the Union and be posted on the bulletin board within one (1) month after this Agreement is signed and by January 31 of each year thereafter. Any Employee who wishes to complain about the correctness of their Service or Seniority must do so by formally providing their complaint in writing and submitting it to their supervisor and to the Union within fourteen (14) calendar days after the posting of the Service/Seniority list, failing which the Service and Seniority set forth in the list shall be deemed correct. This timeframe may be extended in exceptional circumstances.

Article 21 -SEVERANCE

21 .01 Recall !Layoff /Severance-

21.01.1 An employee who has not completed one (1) year of continuous service and has been laid off where the lay off is expected to exceed 13 weeks in a 20 week period shall, at the discretion of the Company: (a) be paid severance in accordance with Article 22.08 with no rights of

recall; or (b) be placed on a recall list for a period of up to 2 years (1 04

consecutive weeks) from their date of layoff and deferring their severance until that date.

21.01.2 An employee who has completed one (1) or more years of continuous employment and has been laid off, where the layoff is is expected to exceed 13 weeks in a 20 week period, shall have the option of: (a) being paid severance in accordance with Article 22.08 with no rights

of recall; or (b) be placed on a recall list for a period of up to 2 years ( 1 04

consecutive weeks) from their date of layoff and deferring their severance until that date.

21

21.01.3 If such an employee is called back for a period of four (4) weeks or less, · they have the right to refuse the recall with no loss of status or severance rights.

21.0 1.4 If an employee is called back for a period in excess of four ( 4) weeks and refuses the recall I fails to appear, they shall be deemed to have quit and shall not be eligible for severance payments.

21.01.5 A recall of less than four (4) consecutive weeks will not re-start the 2 year recall period. In the case of a recall of 4 consecutive weeks or more, the two year period will be extended by the length of the recall.

21.01.6 At or prior to the end of 13 weeks of layoff in 20 weeks, the employee may, in some circumstances, (e.g. if it is expected that the layoff is permanent and there is no chance of re-employment at the company within the 2 years), be offered the option of accepting a severance payment and terminating their employment. In this case, they give up all recall and seniority rights and are deemed to be terminated.

21.01.7 At the end of the 2 year period, if an employee is not called back to work, they shall be eligible for severance payments in accordance with their service at the time of layoff. In this case, they give up all seniority rights and are deemed to be terminated."

21.02 When an employee is terminated, the Company will provide, at the employee's request, a statement of employment based only on the length of service, position held, wage, names and addresses of the Company.

21.03 An employee whose employment is terminated by the Company for reasons other than retirement or just cause and chooses to receive a severance pay, will receive one (1) week severance pay at his regular hourly rate for each full year of service with the Company from date of last employment up to a maximum of twenty-six (26) weeks.

21.03.1

21.03.2

21.03.3

An employee who chooses to stay on the recall list retains the right to recall under the agreement for a period of two (2) years from the date of such termination, if a regular opening in the bargaining unit should occur.

An employee who has not completed one (1) year of service will have recall rights for a period equivalent to his/her length of service.

The notice of recall shall be made by registered letter to the Union and to the employees last known address on the records of the Company and specify the employee must report for work within two (2) weeks, otherwise the right to recall will termi~ate. It is agreed that employees who are re-called will not be subject to the probationary period.

An employee continues to accumulate seniority during the recall period specified in 21.1.1 above.

22

21.04 Should it become necessary to close the plant, severance will be paid out at two (2) weeks for each year of service to a maximum of thirty (30) weeks.

Article 22 -JOB SECURITY

22.01 In an effort to minimize the need to reduce employment, the Company agrees to review alternatives to lay-off: possible alternative working arrangements; possible opportunities for voluntary departures; possible vacancies due to attrition; possible alternative jobs, tasks or projects where the employee has the necessary skill, ability and qualifications.

22.02 If during the life of this agreement the Company introduces any changes involving automation, mechanization re-organization, industrial conversion or technological change which will have effect of reducing the number of employees in the bargaining unit, the Company will notify the Union in writing sixty ( 60) calendar days prior to its implementation.

22.03 The need for retraining caused by any change outlined in article 22 shall be a topic of joint consultation between A TU and the Company.

22.04 When an Employee is affected by technological change resulting in his/her services becoming redundant, the Company will make every reasonable effort to retrain the employee for continued employment providing the employee possesses the qualifications.

22.05 In the event of the relocation or removal of the entire Company to another site outside the Ottawa-Hull area, a reasonable notice will be given to the employees. The Company agrees to communicate with the Union as soon as the information becomes public. The Company is prepared to discuss the terms in the event Security Personnels' relocation is required.

22.06 Temporary and Part-Time employees will not be used to avoid hiring a Full-Time regular employee.

Article 23- STATEMENT OF DUTIES

23.01 If the Company revises the Statement of Duties or job description, a copy will be provided to the Union.

Article 24- WELFARE PROGRAM

24.01 The Company Group Insurance Program (see summary sheet of dental, health, life, STD, and LTD outline in Appendix "B") will be provided to the members of the Union. Booklets outlining the details of the program are provided to all permanent employees at hiring or when they become eligible for temporary or part time employees.

23

24.02 The Employee will pay premiums on the basis of payroll deduction as outlined in the Company Group Insurance Plan and Welfare Program Highlights. Appendix "B" outlines the nature of the benefit coverage options.

24.03 To assist an Employee in a return to work, the Company may grant leave with pay to an Employee for medical appointments during his/her regular work hours that are required for rehabilitative treatment. Such leave must be requested in advance, be supported by a suitable physician's certificate, and shall not exceed two (2) hours per appointment.

Article 25- HEALTH AND SAFETY

25.01 The Company and the employees are governed by the Ontario Occupational Health and Safety Act, and must comply with all its rules and regulations.

25.02 There will be a position available on the Health and Safety Committee for a representative from the Bargaining unit. Subject to operational requirements, a second representative from the other Department who is on shift at the time of a scheduled Joint Health and Safety Committee meeting may also attend.

25.03 The Company will provide safe operating procedures to each employee that will include, but not be limited to, the handling of materials and exposure to toxic substances.

25.04 The Company shall provide adequate work clothing for all Employees where necessary and replace items as required. See Appendix C for the list of clothing the Company currently provides.

25.05 The Company shall provide personal protective equipment to all employees as may be required to discharge their duties.

25.06 All clothing and Safety equipment provided by the Company shall be worn by Employees at all times in those areas designated as mandatory safety equipment areas.

25.07 All equipment provided by the Company will remain Company property.

Article 26- DEVELOPMENT AND TRAINING

26.01 Employee who desires to continue his/her education outside his/her normal hours of work may be reimbursed in whole or in part for the expenses as per Company policy.

26.02 To be eligible, the Employee must fulfill the following conditions:

a) Be a full time permanent employee who has completed 12 months of continuous service with the Company.

b) The employee must remain actively employed by the Company throughout the duration of the course of study.

24

26.03 Mandatory training required by the Company will normally be conducted during regular hours of work. The Company will inform the Union of any such training programs.

Mandatory training will include but not be limited to:

a) First Aid to be renewed upon expiration;

b) Annual CPR training and certification;

c) And any other training directly related to daily duties where specific equipment is required for those functions.

d) AED Automated External .Defibrillator

e) Fire Extinguisher

26.04 Where it is not practicable to conduct mandatory training during regular hours or when optional training is offered, such training will be paid at straight time for the actual hours of the training or a minimum of 4 hours or a day/time in lieu at a mutually agreeable date within 30 calendar days.

Article 27- LICENCING

27.01 The Company agrees that it shall, provided the Private Security Investigative Services Act, 2005 remains in force, bear the cost of the security guard licence fee, the picture required for it, the annual renewal fee, mandatory training costs and testing costs.

Article 28 - TEMPORARY AND PART-TIME EMPLOYEES

The following conditions shall apply to Temporary and Part-Time employees.

28.01 Temporary and part-time employees will be assigned to:

a) Work part-time hours or as scheduled;

b) Provide relief for vacations, short-term illness, and other short-term absences or long-term absences and other absences such as LTD, Parental, Maternity Leave, etc.

28.02 Temporary and Part-time employees will be subject to the collective agreement except as amended by the following:

a) "Holidays with Pay" will be governed by the Employment Standards Act of Ontario.

b) "Vacations" will be governed by the Employment Standards Act of Ontario.

25

c) Temporary and Part-Time employees are eligible for bereavement leave as noted in this collective agreement provided they are scheduled to work during the period the leave is observed and the provisions of the collective agreement and the ESA of Ontario are met.

d) Temporary and Part-Time employees will be eligible to the Pension Plan as per the provisions of BA International Inc. Pension Plan of the Unionized employees.

28.03 Footwear and uniforms for Temporary and Part-Time employees will be provided as needed as determined by the Company.

28.04 If the Company chooses to fill a vacant Full-Time position, the candidate will be chosen among the Temporary and Part-Time employees actively working. The Candidate will be determined based upon qualifications, capabilities and performance. Where these factors are equal between candidates, the temporary or Part-Time employee with the longer service within the Security department will get the position.

Article 29- DURATION OF CONTRACT

29.01 ATU and the Company have agreed to a three (3) year contract to commence January 15\2011 and to run to December 315\2013. The changes are effective on the date of signing unless otherwise indicated.

29.02 This agreement shall remain in force from the date of signing until and including December 315

\ 2013, and thereafter from year to year unless either party gives ninety (90) days notice in writing in accordance with Labour Relations Act, 1995 prior to the expiry date of its desire to change the terms of the agreement.

Am gamated Transit Union, Local279

Charlie Chatelain

Mike Aldrich

PauljOrtill

~-fA~-Kris McPhee

26

APPENDIX "A"

Bereavement Leave - Definitions

Immediate Family

Spouse·: spouse or common law spouse of the employee or same-sex partner

Child: a child, stepchild or foster child of the employee or of the employee's spouse, common law spouse or same-sex partner.

Parent: a parent, stepparent or foster parent of the employee.

Immediate Relative

Brother/Sister: brother or sister, step-brother/sister or foster brother/sister of the employee.

Parent-in-Law: parent of either spouse, common law spouse or same sex partner of the employee.

Grandparent: a grandparent, step-grandparent ofthe employee.

Grandchild: grandchild, step-grandchild or foster grandchild of the employee.

Son/daughter-in-Law: Spouse or common law spouse or same-sex partner of employee's child.

Brother/Sister-in-Law: brother or sister of either spouse, common law spouse or same sex partner of the employee.

Relative

Grandparent-in-Law: the employee's spouse, common law spouse or same sex partner grandparent.

Grandchild-in-Law: Grand child of spouse, common law spouse in law or same sex partner of the employee.

• Common Law Spouse as defined in BA Jntemational Inc :s- benefits plans.

27

Basic Life Insurance

Dependent Life Insurance

Optional Life

Accidental Death & Dismemberment

Business Travel Accidental Death & Dismemberment

Short Term Disability

Long Term Disability

Medical

APPENDIX "B"

Benefits Summary

Option A

2 times basic earnings

Spouse - $5,000.00 Child - $3,000.00

Units of$10,000.00 (maximum $250,000.00) Employee Paid

2 times basic earnings

2 times basic earnings

An Employee is entitled to Income Replacement at 100% for 1st week if unable to attend work due to illness or injury. Subsequent absences (week 2 to 26) shall be at 80%, subject to claim approval.

A Doctor's certificate required after five (5) incidents of absence in a calendar year or any period of three (3) days or more consecutive days of absence. The Company reserves the right to request medical substantiation for any absence. Medical certificates shall be obtained and provided to the Company upon request and within a reasonable amount of time as determined by the Company.

After 180 days of STD 66 2/3% basic earnings (max. $5,000./month): non taxable

Outside Canada emergency medical expenses - I 00% Emergency Medical Travel Assistance In Canada - 100% Medical Expenses

- Semi-private room

Deductible- $25. Single/$50. family

Limitations for specialist treatment

Option B

Same

Same

Same

Same

Same

After a three (3) day waiting period and subject to claim approval, an Employee is entitled to Income Replacement at 100% for 1 week (three (3) days paid by the Company at 100%, two (2) days 80% carrier and 20% Company paid) if unable to attend work due to illness or injury. Subsequent absences (week 2 to 26) shall be at 80%, subject to claim approval.

A Doctor's certificate required after five (5) incidents of absence in a calendar year or any period of three (3) days or more consecutive days of absence. The Company reserves the right to request medical substantiation for any absence. Medical certificates shall be obtained and provided to the Company upon request and within a reasonable amount of time as determined by the Company.

Same

Outside Canada emergency medical expenses - 100%

$5.00 limit on Pharmacy Dispense Fees

Emergency Medical Travel Assistance in Canada - 80% Medical Expenses on the first $1 ,000.00 of drug claims paid; 1 00% thereafter; - Semi private. room up to $180.00

per day; No deductible

28

Dental

At Retirement

Employee Contribution

Limitation for specialist treatment

Paramedical Practitioners $50./visit- maxilnum $500./year

$200./24 months - Vision Care for the employee only

Preventative, minor restoration, Same endodontics, periodontic - I 00% Major restoration - 50% Maxilnum $1,500.00 per year per insured person Dental fee guide - one year lag Deductible- $25.00 single/$50.00 family

At 65 years old, a monthly allowance of $100.00 for single and $200.00 with spouse will be provided to retirees to buy personal insurance.

Life insurance- $10,000.00 reducing $1,000.00 per year

Health - 1 000/o medical expenses (Maxilnum $25,000.00 lifetime per insured person) until age of 65.

At 65 years old, a monthly allowance of $100.00 for single and $200.00 with spouse will be provided to retirees to buy personal insurance.

Life insurance- $10,000.00 reducing $1,000.00 per year

Health - 1 00% medical expenses (Maximum $25,000.00 lifetime per insured person) until age of65.

100% of LTD premium 100% of LTD premium 50% of premiums ·increase after July 2002 to help reduce the future increases in cost.

Effective January 1, 2011 if an employee has perfect attendance for any twelve (12) consecutive month period, they shall be credited with four (4) days paid sick leave to be used to offset the "Waiting Period" under Option "B". Employees can accumulate to a maximum of twelve (12) days.

This is a summary only. All other details including eligibility, minimums, maximums, co-ordination, etc., is to be formally stated in the Company Group Insurance Plan Booklet.

All new employees or new permanent employees will enrol in Plan "B" as plan "A" will be no longer available.

It is understood that any improvement in any upcoming negotiation with other units at BA International Inc. will be granted to the employees covered by this collective agreement.

When an employee is eligible for drug or other benefits under the Company's Extended Health Care Plan, that they must first access the provincial or federal drug plan before using the Company paid benefit and that the other issues re benefits and pensions in the current policies apply.

It is agreed that if an employee stays past the normal retirement age (65), that their eligibility for Benefits and Pension plan coverage will be in accordance with the Pension Plan and Benefit Policies.

Should the government ·pass new legislation that impacts further on employees who stay past age 65, the Company will meet to discuss with the Union what changes, if any, are required to ensure everyone is in compliance with the legislation and, if it is then necessary, to negotiate an amendment to the benefit and I or pension plan to ensure that compliance.

29

APPENDIX "C"

List of Clothing and Equipment

This is a list of the items the Company currently provides and is subject to change at the Company's discretion.

General Security

3 pairs of pants 5 black under shirts 5 shirts 1 pair of shoes

every 12 months every 12 months every 12 months every 12 months

1 pair of winter boots at hire then, when required but no more than every 18 months 1 pair of black leather winter gloves

Items provided, but remain Company's property • 1 sweater • 1 tactical belt • 1 under belt with belts dips • 1 pair ofkevlar gloves • 1 parka • 1 tuque • 1 key holder • 1 microphone holder • 1 large mag-light holder • 1 1st aid kit

• •

1 radio holder 1 mag-light

Production Security

5 shirts - mix of long sleeve and short sleeve 3 pairs of pants 1 belt - basic black belt

These are provided on a yearly basis.

1 Parka/Rain Coat renewed when required

30

APPENDIX "D"

BA INTERNATIONAL INC.

AMALGAMATED TRANSIT UNION- LOCAL 279

. SENIORITY LIST NAME

t-En~-·-· SEC~ > I o ' ' :J

Charbonneau, Paul

Mcllhagga, Sean

Botham, Scott

Skinner Andrew

Cayer, Gerard

Fortin, Paul

Candanedo, Jose

Keenan, Richard

Fontaine, Charles

Tereschuk, Michael

Couturier, David

. an-Time

Allen, Bruce

Kennedy, Matthew

K wasnicia, Christopher

Oslund, Gary

McKay, Walter

Haspect, Bradley

Smith, Donald

=--= ... - -"""1:bne Prokopowicz, Emilia

Moncrieff, Adam

September 28,2011

SENIORITY DATE

August 30, 1992

December 1, 1999

May 15,2000

July 14, 2000

February 5, 2003

March 24, 2003

January 5, 2004

May 2, 2005

June 29,2007

April 24, 2008

December 12, 2008

November 8, 2010

August 8, 2011

September 21, 20 11

July 24, 2000

October 9, 2007

December 14, 2007

September 9, 2009

December 14, 2007

November 4, 2008

31

LETTER OF UNDERSTANDING No.1

OVERTIME PROTOCOL

BETWEEN

BA INTERNATIONAL INC.

"the Employer"

and

AMALGAMATED TRANSIT UNION LOCAL 279

"the Union"

In recognition of the requirements of Article I5.2 of the Collective Agreement that overtime be offered by seniority to the members of the bargaining unit, the parties agreed to the following protocol with respect to the offering of all overtime opportunities to members ofthe bargaining unit.

1. If an overtime opportunity is identified by the employer 7 days or more in advance then the opportunity shall be posted on the bulletin board within the workplace for no less than 48 hours.

No such postings shall be made on either Saturday or Sunday and any such postings made on a Friday shall remain open to employees to respond to until at least II :50 p.m. the following Monday.

Employees who wish to accept a posted overtime opportunity shall sign up accordingly. At the conclusion of the posting period, the overtime authority shall be offered to those who signed up in order of seniority.

2. If an overtime opportunity is identified by the employer less than 7 days in advance, each employee shall be called by telephone in order of seniority and offered the overtime opportunity.

Where an employee does not answer this telephone call, a message shall be left with information relating to the overtime opportunity. The Employer shall then move on to the next most senior employee.

If an employee who was left a message calls back to the employer prior to anyone more junior accepting the overtime, he or she shall then be given the overtime opportunity.

Each employee will provide a single contact telephone number to be used for the purpose of receiving overtime related telephone calls.

In the event that an overtime opportunity arises and falls on a day when an employe~ is scheduled to be away from work for the purpose of vacation or any other such leave, the employee will not be contacted for the available shift. It will be understood that the employee is unavailable for such shift due to the requested leave.

If an overtime opportunities arises and falls on a day when an employee is not scheduled to be away from work for the purpose of vacation or any other such leave, the employee will be contacted, regardless if they are on leave, at the time the opportunity becomes available.

32

Letter of Understanding No. 2

Regarding Employees Who Are Unable to Take Uninterrupted Lunch Breaks:

Whereas a situation has arisen whereby, due to scheduling problems beyond the control of the employer, an employee in the General Security Department may be unable to take an uninterrupted lunch break of thirty minutes;

And Whereas the parties recognize that despite best efforts this situation may re-occur in the future;

And Whereas this matter was referred to arbitration before Arbitrator Joseph Potter and Minutes of Settlement for an interim resolution of this matter were entered into;

And Whereas the parties desire to enter into a final compromise agreement to compensate for this situation, the parties agree as follows:

1. A General Security Department employee who is scheduled to work alone shall be provided with a supplementary payment equivalent to one hour's wages at straight time rates.

2. The parties agree that this constitutes a superior benefit for the purposes of the Employment Standards Act, 2000.

33

LETTER OF UNDERSTANDING No.3

Work to be Performed on Holidays

Between

BA International Inc. (the Company)

And

Amalgamated Transit Union, Local 279 (the Union)

In covering available shifts under Article 8.06, if full-time employees can split shifts to cover a full shift, the full-time employees will have priority for the shift over a part-time or temporary employee. Full-time employees will be offered shifts equaling 50 per cent of the available hours. In the event that full-time employees do not accept overtime opportunities covering the full shift, the full shift shall be offered to a part-time or temporary employee.

This memorandum will expire on December 3151, 2013, unless renewed in writing by the parties.

34

LETTER OF UNDERSTANDING NO.4

Article 15 - Overtime

Between

BA International Inc. (the Company)

And

Amalgamated Transit Union, Local279 (the Union)

The Company agrees that in providing overtime opportunities, if full-time employees can split the overtime shifts to cover the full shift, the full-time employees will have priority for overtime in preference to the offering of overtime to a part-time or temporary employee.

Full-time employees will be offered the opportunity of working 50 per cent of the available overtime hours. In the event that full-time employees do not accept overtime opportunities covering the full shift, the full overtime shift shall be offered to a part-time or temporary employee.

This memorandum will expire on December 31 5\ 2013, unless renewed in writing by the parties.

35

LETTER OF UNDERSTANDING NO.5

Floating Day

Employees who are in active employment and on the payroll as of the date of ratification will be entitled to receive one ( 1) paid floating day (based on regular scheduled shifts) which must be taken by May 31 51

, 2012. This day will be scheduled by mutual agreement with the employee's supervisor.

36

' I

/

Letter of Understanding No. 6 /

LETTER OF UNDERSTANDING

REGARDING PROPOSAL FOR SHIFT SELECTION PROCESS

BETWEEN

BA INTERNATIONAL INC.

"the Employer"

AMALGAMATED TRANSIT UNION LOCAL 279

'the Union"

When an employee is o.ff due to medical reasons during the shift selection and is expecting to return to work, a physician's statement will be required with an expected return to woli< date. ·

If the employee is expected to return to work within the six (6) month shift duration, the employee will be permitted to select· a shtn by seniority. If the employee does not provide a physician's statement, the employee will be placed on the last full-time spot until the next booking.

Charlie H. Chatelain Vice President, Security BA International inc.

March 3, 2009

Andre Comellier President Amalgamated Transit Union

37

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