COLLECTIVE AGREEMENT Between ADT SECURITY SERVICES … · ADT SECURITY SERVICES CANADA, INC. And...

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COLLECTIVE AGREEMENT Between ADT SECURITY SERVICES CANADA, INC. And LOCAL 636 (OTTAWA UNIT) OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS Effective May 1, 2019 to April 30, 2023

Transcript of COLLECTIVE AGREEMENT Between ADT SECURITY SERVICES … · ADT SECURITY SERVICES CANADA, INC. And...

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COLLECTIVE AGREEMENT

Between

ADT SECURITY SERVICES CANADA, INC.

And

LOCAL 636 (OTTAWA UNIT) OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

Effective May 1, 2019 to April 30, 2023

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INDEX - OTTAWA Article Page

1 Union Recognition 2 2 No Discrimination 3 3 Management Rights 4 4 Working Conditions 4 5 Statutory Holidays 6 6 Wages 8 7 Wages – Overtime 9 8 Paid Vacation 10 9 Leave of Absence 11 10 Seniority 12 11 Grievance Procedure 13 12 Representatives 15 13 Discharge Cases 15 14 Benefits 16 15 Uniforms and Company Vehicles 17 16 Special Provisions 18 17 Travelling Expenses 19 18 Severance Pay 20 19 Strikes and Lockouts 20 20 Technological Change 21 21 High Volume Installation 21 22 Health and Safety 23 23 Modification and Termination 24 Schedule "A": Wage Rates 27

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This Collective Agreement is entered into this 26th day of June 2019, and effective for the period set forth above, between ADT SECURITY SERVICES CANADA, INC. hereinafter referred to as the Company or the Employer, and the LOCAL 636 (OTTAWA UNIT) INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, hereinafter referred to as the Union.

PREAMBLE

The economic interest of the Employer and employees is better served through the express co-operation of the Employer and the Union. Close contact and a mutual sympathetic interest between the Employer and the employees will develop a better working system which will tend to constantly improve distribution, production and service, while improving the relationship between the Employer, the employees and our customers.

ARTICLE 1

UNION RECOGNITION (a) The Company agrees to recognize the Union as the sole bargaining agent

for such employees c l a s s i f i e d b y t h e c o m p a n y a s field Installation or field Service Technician roles CLARITY NOTE: Persons covered under a Commission de la Construction du Quebec (“CCQ”) collective agreement on all hours paid are excluded from the bargaining unit for all purposes.

(b) The Company and the Union agree that the cities of Cornwall and Kingston are part of the Ottawa bargaining unit and are subject to the recognition clause of this collective agreement.

(c) The Ottawa branch of ADT shall have three reporting locations; the cities of

Ottawa, Kingston and Cornwall. It is understood and agreed that employees assigned to their respective cities will be governed by the articles of the collective agreement on a city by city basis. The employee shall have the first option of returning to his former location should the Company require associates to be located in one of the base locations. Employees asked to relocate due to business needs, shall have the first option of returning to his former location should the Company require associates to be relocated in one of the base locations.

(d) This Collective Agreement contains the entire agreement between the parties

and no other agreement or practices, either oral or written, shall apply unless placed in writing and signed during the most recent contract negotiations or

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after. Employer agrees that wage rates nor seniority in effect will be taken away during duration of CBA

(e) New employees shall within thirty (30) days of their employment by the Company

make application for membership in the Union. All applicants must become members of the Union and shall remain members of the Union as a condition of employment. If the Union has not received such application for membership at the end of thirty (30) days the Company shall be notified and the employee discharged. The Business Manager shall be advised immediately of new employees hired.

(f) The Company shall deduct a sum equivalent to monthly dues, as prescribed

by the Union, from the pay of each employee to whom this Agreement applies. Deductions shall be made from the first pay in each month and shall be remitted to the Union as close to the 10th of the month as possible, together with a list, in duplicate, of all those from whom deductions have been made.

(g) It is mutually agreed that when an employee has no pay to his or her credit

during the regular deduction period, the responsibility for collection of dues for such period rests solely with the Union. The Company does not undertake to deduct any initiation fee or special Union Assessment.

(h) The Company agrees to grant all members of the bargaining unit access to their

personnel files during regular working hours. Such permission shall be arranged through each employees immediate supervisor at a mutually agreed upon time.

(i) The Company agrees to grant, to a maximum of once per calendar year, leave of

absence without pay to not more than two (2) employees to attend Union meetings and conventions, providing a forty-eight (48) hour notice has been given to the management.

ARTICLE 2

NO DISCRIMINATION The provisions of the collective agreement shall be applied to all employees equally and without discrimination. There shall be no discrimination against employees nor shall employees discriminate against managers. The definition of discrimination for the purposes of this collective agreement shall be as defined by the Human Rights Code of Ontario.

ARTICLE 3

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MANAGEMENT RIGHTS The Company shall remain vested with full exclusive control of the management and operation of the Company and with the direction and supervision of the working forces; including its right to hire, suspend, or discharge employees for just cause; or to transfer employees temporarily or permanently to new duties; or to relieve employees from duty because of lack of work or for other legitimate reasons; or to schedule its operations; or to extend, limit, curtail or reschedule its operations, when in its sole discretion it may deem it advisable to do so; providing that any claim by the Union that these rights are exercised in a discriminatory manner shall be considered a grievance, and shall be dealt with in accordance with the terms of this Agreement. The rights reserved to Management herein are subject to the provisions of this Agreement, and should be exercised in a manner consistent with such rights.

ARTICLE 4

WORKING CONDITIONS

a) Work schedules will align with business operations and customer service needs and expectations. Hours of work will be forty (40) hours per week Monday through Saturday 8:00 am - 4:30 pm, or forty (40) hours per week on a four (4) or five (5) consecutive days except Sunday at different times. The Employer shall arrange schedules to fall between 8:00 a.m. and 9:00 p.m.

b) An Employee must be notified, in writing, or by posted schedule at least one (1) week in advance of shift schedules. The Company agrees to give 48 hours’ notice of a change in a shift schedule.

c) Each Employee shall be provided with one half (1/2) hour unpaid meal break, or

such shorter periods as necessitated by alarm conditions, at such intervals that will result in no employee working longer than five (5) consecutive hours without a meal break.

d) Employees who work on a statutory holiday shall be paid at the normal rate plus

time and one half for all hours worked. Hours worked on a statutory holiday after the scheduled shift ends shall be at the double time rate.

e) With regard to mutual arrangements for temporary exchange of days of work, all requests for mutual arrangements must be made in writing to the immediate supervisor concerned, for their approval, and must be for a legitimate reason. The exchange of days of work must be within a two (2) week pay period.

f) Unless notified to the contrary forty-eight (48) hours in advance, employees

reporting for work shall be guaranteed work at their regular rate of pay for the full

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shift.

g) Employees shall be required to maintain all stockrooms and vehicles in an orderly fashion and submit reports as requested.

h) An employee who is required to work more than two (2) hours past the normal end of his/her shift shall be entitled to a meal allowance of up to $20.00 with receipts and a one-half (½) hour unpaid meal break

i) An employee called in to work on overtime outside their assigned work schedule

shall be entitled to a meal allowance of up to $20.00 with receipts and a one half (1/2) hour unpaid meal break if the call-in is for a period exceeding four (4) hours of work.

Article 5

ONCALL DUTY (a) The Company shall identify the need for on-call duty from time to time.

(b) On-call duty shall be defined as employees who are scheduled to be available

at any time of day or night, with short notice, to carry out their work duties outside their assigned working hours.

(c) On-call duty will be scheduled on a rotating and equitable basis among qualified employees and subcontractors. The Company shall maintain an on-call duty schedule in advance.

(d) Provided the on-call duty is covered, the trading or giving away of an on-call duty is permitted.

(e) An employee on-call shall be entitled to a minimum of a four (4) hour rest

period between the end of the call-out time and the start of his next regular shift. In such event, he will be entitled to work his regular eight (8) hours at his regular hourly rate. Should an employee not wish to work the full eight (8) hours, he must advise management at the end of the call-out time about the number of hours he will be working.

(f) Payment for on-call duty shall be made at the rate of 1.25 times the

employee’s hourly rate for each day on call. Employees called into work while on-call duty shall be paid double time for such work and shall be guaranteed two (2) hours pay at the appropriate rate.

(g) An employee who is on-call for a Statutory Holiday will receive a day off in

lieu, at the employees’ option, in addition to the applicable overtime rates. The day off will be granted at a time mutually agreed upon by the employee and the Supervisor or designate.

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ARTICLE 6

STATUTORY HOLIDAYS

(a) Entitlement to Statutory Holidays shall be in accordance with applicable

Company policies and applicable law.

(b) Employees will be granted a total of twelve (12) holidays per calendar year (based on federal / provincial statutory holidays and Company designated floating holidays) as follows:

New Year’s Day, Family / Heritage Day, Good Friday, Victoria Day, Canada Day, August Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, One (1) Floating Holiday

(c) Employees scheduled to work and who work on any of the twelve (12)

statutory holidays referred to in Paragraph (a), shall be paid eight (8) hours straight time for the holiday plus time and one-half (1½) for the first eight (8) hours worked. All hours worked over eight (8) shall be paid for at double time. If satisfactory to the Company and the Union, employees who work on a statutory and wish to take their holiday at a later date mutually agreed upon, can do so and they will be paid time and one-half (1½) for the hours worked and straight time for the day they take off. Employees who are not scheduled to work on a statutory holiday but are called in to work under conditions outlined in Article 7, Paragraph (d) shall be paid straight time for the holiday, plus double time for the work performed.

(d) Notwithstanding clauses (a) and (b), new employees must complete thirty (30) Days of service before they are eligible to pay for a statutory holiday. Part-time employees working a schedule of twenty (20) hours or less per week shall be entitled to pay for a statutory holiday based on the actual hours worked.

(e) When an employee is absent from work on a day or days immediately

preceding or succeeding a statutory holiday and the absence is not in excess of five (5) consecutive working days and is due to illness or injury, the employee shall not be paid for the holiday unless a certificate is received from a Doctor of Medicine as proof of incapacity resulting from illness or injury.

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(f) When a Statutory Holiday falls on a Saturday or a Sunday the Company shall designate either the Friday before or the Monday after as the holiday. This paragraph shall only apply to those employees who are not scheduled to work on the Saturday or Sunday.

(g) If an employee takes a vacation during a period which includes a

designated statutory holiday, he/she shall receive an extra day’s pay or an extra day’s vacation to be taken on a later date mutually agreed upon by the Company and the employee.

(h) The floating holiday will not carry-over and is not eligible to be paid out

if not used in a given calendar year.

ARTICLE 7

WAGES (a) Wage scales are set forth in Schedule "A" of this Agreement.

(b) Union members who accept assignment as a replacement for a supervisory

position shall be paid a premium of two ($2.00) per hour for each hour worked. (c) When an employee is called to serve on jury duty, the Company agrees to

pay the employee the difference between jury pay and his/her regular pay. (d) All time spent in court as a witness pertaining to Company business on an

employee's own time will be compensated for at time and one-half (1½) with a minimum of three (3) Hours.

(e) Employees who attend training classes or seminars at the request of the

Company that occur outside of the employee’s regular hours of work will be paid at their regular rate of pay for time spent in training.

(f) Employees that request approval and are pre-approved for evening courses, on-line courses or correspondence courses provided by Universities or Colleges will be eligible for reimbursement as per the ADT corporate Tuition Reimbursement Program. Time spent at or on the courses will not be paid for by the Company.

(g) The Company provides eligible Employees with three (3) to five (5) consecutive

business days of bereavement leave for an eligible family member as defined in the chart below. Compensation paid to Employees for bereavement leave will be consistent with pay practices for other paid time off. Prior to taking a bereavement leave, an Employee must notify his/her supervisor of the situation and request approval.

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5 Days

3 Days

Mother Mother-in-law, Father-in-law Father Grandparents Spouse Sister or Sister-in-law Child Brother or Brother-in-law

ARTICLE 8

WAGES - OVERTIME (a) All time worked outside of daily scheduled shift shall be overtime.

(b) Overtime shall be paid on the following basis: time and one-half for the first

four (4) hours of overtime worked on all regular work days and double time thereafter until relieved.

(c) Double time shall be paid for all work performed at the Company's request on

the employee's day off. (d) Employees called into work outside of their regular working hours shall receive

double time for such work and shall be guaranteed at least two (2) hours' work or pay for same. This paragraph covers the instance where employees are called into work on their time off and return to their home immediately following completion of the work. Employees shall be paid from the time they leave their home until they return.

ARTICLE 9

VACATIONS (a) Employees are entitled to accrue vacation with service, in accordance with the

following schedule:

Vacation Allowance Length of Service

Weeks

Of Vacation (prorated to length of service)

Days accrued per Month

Vacation Pay %

Up to 3 years completed

2 0.83 4%

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3 but less than 10 years

3 1.25 6%

10 but less than 20 years

4 1.66 8%

20 + years 5 2.08 10%

(b) An Employee whose employment terminates for any reason will be paid, in

addition to all other money due, pay for unused vacation accrued to the date of termination.

(c) It is understood that during the summer months of June, July, and August not more than two (2) weeks of vacation shall be taken consecutively, unless approved in advance by the employee’s manager.

(d) By mutual consent, special arrangements can be made between the Company

and the Union with respect to the vacation schedule of any employee. (e) Vacation time may not be carried over from year-to-year. It is the employee’s

responsibility to ensure that vacation requests are submitted to the Company for approval by February 1st of the year in which it is to be taken. Employees with the greater bargaining unit seniority shall have preference and choice of vacation periods. All vacation requests after February 1st shall be approved on a first come first service basis. Management will respond to these requests within five working days.

(f) Existing employee vacation entitlement on date of ratification shall be

grandfathered

ARTICLE 10

SENIORITY (a) A new employee shall be considered a probationary employee for the first three

months of employment, at the end of which time he/she shall be considered a regular employee and shall be placed on the seniority list at that time, with seniority from the original date of employment. During the period of probation the employee's suitability for permanent employment shall be assessed on the basis of such criteria as conduct, quality of work, ability to work with others and ability to meet the standards set by the Company. If, at any time during this period, the employee is deemed by the Company at its sole discretion to be unsuitable for employment, his/her employment may be terminated. The

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probationary period may be extended by mutual agreement of the Company and the Union for a period of no more than three months.

(b) Employees who are laid off shall have recall rights for positions which they are

qualified for one (1) year based upon their bargaining unit seniority. If an employee withdraws his pension contributions during this six (6) month period, he can re-enter the pension plan immediately upon his return. No new subcontractors may be hired where there are employees with recall rights.

(c) Any employee laid off due to shortage of work and who has been notified in

writing by registered letter at his/her last known address of a recall to work, and who has failed to return within five (5) days of delivery, shall be considered to have quit his/her employment voluntarily.

(d) In the case of an employee having transferred to a supervisory position, and

subsequently being transferred back to a position subject to the Agreement, the seniority accumulated during the time served in the supervisory position shall be added.

(e) The Company shall provide the Union with an up-to-date list of the seniority

standing of all employees covered by the Agreement.

ARTICLE 11

GRIEVANCE PROCEDURE (a) Procedures.

A grievance within the meaning of this Agreement shall be defined as any employee alleging a violation of a specific provision of this Agreement.

(b) Time Limits No such grievance shall be recognized unless called to the attention of the Company by the Union, or the Union by the Company within seven (7) days after the Union or Company’s knowledge of the alleged violation occurred or thirty (30) days after the date of occurrence, whichever is sooner. Further, should the grieved party fail to proceed with the grievance within the time limits set out below, the grievance shall be deemed to have been abandoned. All time periods mentioned in this Article exclude Saturdays, Sundays and recognized Holidays. It is understood that the time limits specified in these procedures may be extended only by mutual agreement by the parties and in writing. No settlement prior to arbitration shall set precedent unless agreed to in writing by the Business Agent and the Director of Labour Relations and/or their designee.

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(c) First Step

All grievances arising under this Agreement shall be taken up with the employee in question who shall put the grievance in writing and discuss it with his supervisor who shall render his decision within four (4) work days of the discussion. If no decision is rendered, the matter will proceed to the next step.

(d) Second Step If not satisfactorily resolved at the First Step, the Shop Steward shall then refer the grievance to the Union Business Manager who shall discuss it with the next level of supervision, who shall render a decision within six (6) work days of the discussion. If no decision is rendered, the matter will proceed to the next step.

(e) Third Step If not satisfactorily resolved at the Second Step, the Union Business Manager shall discuss the grievance with the Director of Labour Relations or their designee, who shall render a decision in within six (6) work days. If no decision is rendered, the matter will proceed to the next step. Should satisfactory settlement not be reached at this stage, the Union may proceed to arbitration under Article 12 below.

(f) Stewards and Officers of the Union shall not lose pay for time spent on grievances or negotiations during their regular scheduled shift. No more than two (2) employees shall participate in union negotiations at any one time.

(g) A union representative shall be given prior notice of a formal disciplinary action, meeting of a union member and may attend the meeting at the employee's discretion.

(h) Any letter of reprimand, suspension, or other discipline will be removed from

the record of an Employee thirty-six (36) months following receipt of such letter, suspension or other discipline, provided that the Employee’s record has been discipline free for such thirty-six (36) month period.

ARTICLE 12 ARBITRATION PROCEDURE

(a) The Arbitration procedure shall be in accordance with the Labour Relations Act, 1995, as amended from time to time.

(b) The Union may request a grievance be submitted to Arbitration by notifying the other in writing within thirty (30) days of the Third Step discussion together with

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a suggested arbitrator. The Company may agree to the suggested arbitrator or provide an alternate. If the parties cannot mutually agree to an arbitrator, the parties may request the Ministry of Labour appoint an arbitrator pursuant to section 48(4) of the Labour Relations Act, 1995.

(c) The decision of the Arbitrator shall be final and binding upon both parties concerned and the employee(s) concerned. No person may be appointed as an arbitrator who has been involved in any attempt to negotiate or settle the grievance.

(d) The parties will jointly share the expense of the single arbitrator. Witness fees and allowances shall be paid by the party calling the witness. No arbitration costs shall be awarded to or against either party.

ARTICLE 13 REPRESENTATIVES

(a) The Union shall supply the Company with a list of all Officers and shall keep such

list up- to-date. (b) The Company shall supply the Union with the names and positions of its

representatives who may be called upon to administer this Agreement and shall keep such list up-to- date.

(c) Representatives must give their supervisor a (3) three day notice prior to

requesting time off for union activities.

ARTICLE 14

DISCHARGE CASES (a) Employees have the right to be present at a scheduled meeting prior to the

imposition of a suspension or discharge. The employee may request union representation. The Company shall notify the Business Manager immediately of the reason for the suspension or discharge of any employee covered by this Agreement.

If any employee believes that he/she has been suspended or discharged without just cause, the matter may be presented as a grievance to the General Manager within four (4) working days after written notice of such suspension or discharge.

ARTICLE 15

BENEFITS

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(a) Union employees shall be entitled to the same benefits (medical, dental,

disability retirement and vacation) offered to the majority of non-Union ADT employees employed in Canada subject to the terms, conditions and limitations contained therein. The Employer reserves the right to add, modify or terminate such plans at any time for Union members so long as it’s done simultaneously with the majority of non-Union employees in Canada and other Canadian bargaining units which are subject to collective agreements with similar employer rights of addition, modification, and termination.

ARTICLE 16

UNIFORMS AND COMPANY VEHICLES

(a) The Company agrees to furnish those employees who are required to wear a

uniform in the performance of their duties with the following items of equipment: coat, overcoat, or reefer, shirt, trousers. Uniformed personnel will be required, while on duty, to wear complete uniform except that wearing of tunics and/or winter coats shall be governed by weather conditions. The sole discretion shall rest with the Company as to the point of time uniforms are in need of replacement and the Company reserves the right to equip new employees with items of cleaned and altered apparel. The Company agrees also in its sole discretion to have the foregoing items of apparel (excepting only the uniform shirts) cleaned and maintained as necessary. It is understood that employees shall exercise normal care for the uniform equipment and shall be responsible for any damage willfully or negligently caused.

(b) Upon leaving the Company's service, employees shall return all uniforms and all other Company equipment to the Company.

(c) Employees assigned company vehicles will be responsible for maintaining vehicle

interiors and storage areas in an orderly and safe condition. (d) Employees assigned company vehicles will be responsible for submitting a vehicle

condition and safety report each, as designated by the manager or supervisor. (e) All assigned PPE (Personal Protective Equipment) shall be worn and used in

accordance with all company, government and site specific directives. Safety boots must be worn at all times while technicians are on duty including in their reporting office and at customer sites.

ARTICLE 17

SPECIAL PROVISIONS

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(a) The Company will provide bulletin boards for the posting of Union notices and announcements.

(b) The Company will provide as it deems necessary rubber boots, safety boots, or

shoes, raincoats, safety helmets, spotlights and first aid kits or other safety devices as necessary for the use of employees while on duty.

(c) Technical Bulletins will be made available for review by all employees with the

understanding that employees recognize much of the information contained therein would be a security hazard to the Company if the information was divulged to persons outside the Company or others not authorized by the Company to receive this information.

(d) Supervisory personnel shall not do any work normally done by employees

covered by this Agreement, except for the purpose of instruction, experimenting, disaster conditions, or when an employee who normally does this work is not readily available.

(e) The parties agree that during the life of the Collective Agreement, a Branch

Liaison Committee will meet on a regular basis but at least every three (3) months, to discuss matters of mutual interest to the parties.

(f) Representation will generally include up to two (2) members of the bargaining

unit and an equal number of management representatives from the Branch. (g) Where appropriate, there will also be discussions of new business ventures

being considered by the Company. (h) The Business Manager of the Local Union will be notified of all times and dates

of meetings. (i) The Company agrees that while no guarantee of employment or work can be

provided to either associates or contractors/subcontractors, the Company confirms that the use of all contractor/subcontractors is to be discontinued prior to the layoff of any employee. In addition, no contractor/subcontractor may be called upon to do work for the Company until all employees have been recalled to work. However, it is agreed that this paragraph shall not apply to contractor/subcontractors who possess skill and ability which exceed those of employees covered under this agreement and/or where the employee(s) retained cannot, in the aggregate, perform the work required.

(j) The Company will pay the cost if it requires an employee’s driver’s license

abstract.

ARTICLE 18

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TRAVEL EXPENSES (a) Living allowance for work assignments that necessitates the employee to stay

overnight: accommodation and meals will be paid by the Company upon submission of receipts reflecting reasonably incurred expenses.

(b) Employees travelling on out-of-town assignments for the Company shall not be

required to remain out-of-town for longer than two (2) weeks without one (1) return trip at Company expense.

(c) Employees with assigned vehicles shall report to their assigned office at the start

of their shift or directly to the job site. An employee attending a job site which is in excess of ½ hour of travel time from the employee’s starting point shall be deemed complaint provided the employee commences travel ½ hour prior to their scheduled starting time.

(d) The Company agrees to give forty-eight (48) hour notice to employees who are

needed to work out-of-town and that requires an overnight stay. The employee will have the option of: (i) having the Company pay in advance for travel expenses (Air fare, hotel accommodations and vehicle rentals), or (ii) being reimbursed for any reasonable expenses they incur while travelling. Reimbursement shall be within two (2) weeks of submission of the expense report.

ARTICLE 19

SEVERANCE PAY (a) In the event of permanent layoff, each employee with more than five (5) years of

continuous service with the Company so laid off, shall receive severance pay in accordance with the Ontario Employment Standards Act or at the rate of one (1) week's pay for each full year of continuous service, whichever is greater. Such payment shall be based on the employee's authorized hourly wage rate in effect at the time he/she is laid off.

(b) If an employee who has received severance pay is rehired and the period since the

date of layoff is less than the period for which he/she has received severance pay, the amount paid to the employee in excess of the period of actual layoff shall be considered as an advance to him/her by the Company and repayment shall be made through payroll deductions at the rate of ten percent (10%) of the basic weekly wage until the amount is fully repaid; and as a condition of re-employment, the employee either before, at, or subsequent to the time of returning to the payroll, shall, upon the Company's demand, execute any and all documents that may be necessary, desirable or proper to effectuate this provision.

(c) In the event an employee, who is laid off, is rehired within an eighteen (18) month

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period, his/her severance pay rights shall be established on the basis of record of continuous service.

ARTICLE 20

STRIKES AND LOCKOUTS

It is agreed that no strike will be called by the Union or no lockout caused by the Company for the duration of this Agreement.

ARTICLE 21

SUB-CONTRACTORS

(a) It is mutually agreed that employees and subcontractors shall be used in the scheduling of a weekly on-call duty, provided subcontractors are available, qualified and can perform the work within the estimated costs.

(b) The Company and the Union acknowledge and recognize the value and contribution that both employees and subcontractors make in terms of the success of ADT. Each performs work which is complimentary/supplementary to each other, albeit under different terms and conditions.

(c) The Union will not file any grievance with respect to any

contractor/subcontractor or workers of any contractor/subcontractor, provided that the contractor/subcontractor supplies at its own expense its own vehicle and standard tools and pays for its own insurance, licenses and permits. Both the Company and the Union recognizes that by nature of the work performed, the Company will exercise control and direction over the contractors/subcontractors and workers supplied by the contractors/subcontractors as regards to the performance of the work including the scheduling of the work, start and completion parameters, scope of work, methods and procedures, integration into the Company’s systems and product selection and that such direction and control does not make the contractors/subcontractors or workers supplied by the contractors/ subcontractors employees of the Company. The Company shall arrange that any identification it issues to contractors/subcontractors and workers supplied by the contractors/subcontractors refer to them as an authorized independent contractor of the Company. It is understood and agreed by both the Company and the union that the contractors/subcontractors and their workers are neither employees of the Company nor members of the bargaining unit and thus are not subject to the terms and conditions of this Agreement.

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ARTICLE 22

TECHNOLOGICAL CHANGE

An employee who is displaced from his or her job due to the introduction of alarm monitoring computer equipment or other technological changes in the Employer's operations covered by this Agreement shall be given due consideration for other job openings in the bargaining unit if qualified. It is understood that the Employer may, as required, fill job openings created within the bargaining unit as the result of such technological change by hiring or transferring persons from other sources provided, however, the parties also understand the desire to attempt to absorb into such openings to the full extent practicable any employee presently engaged who is displaced due to such technological change, if qualified. If the employer determines that an employee is re-trainable for the new job, it will be responsible for the necessary training.

For the purpose of this clause "qualified" includes but is not limited to the following: knowledge, training, ability, skill, efficiency and aptitude.

ARTICLE 23 HEALTH AND

SAFETY

a) The Company, the Union and the Employees recognize their respective obligations under the Workplace Safety and Insurance Board (WSIB) legislation, the Human Rights Code, the Occupational Health and Safety Act, the Company EHS policies and procedures, and the Ontarians with Disabilities Act (AODA).

b) The Company agrees to post a copy of the Health and Safety Committee minutes of the meeting as soon as is practically possible.

c) The Company shall reimburse up to $200.00 towards the purchase of prescription

safety glasses or lenses for employees who require them to safely perform their duties. The Company will reimburse the employee upon submission of the original invoice once every 2 years.

ARTICLE 24 MODIFICATION AND TERMINATION

a) This Agreement shall be in effect from date of ratification, and shall remain in effect until May 1, 2023, and thereafter, from year to year subject to notice in writing from either party to the other within the four months immediately preceding the expiry date of this Agreement.

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b) The same may be amended, cancelled, or substituted as may be mutually agreed upon by the parties hereto.

c) The terms and conditions and the existing Agreement shall remain in effect during the period of such negotiations.

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June 24, 2020

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SCHEDULE ‘A’

Technician Wages

Seniority at Ratification

May 1, 2019

May 1, 2020 May 1 2021

May 1, 2022

0 -12 Months

(see Note 1)

$24.18/hr $24.66/hr $25.22hr $25.85/hr

13 – 24 Months $25.18/hr $25.68 /hr $26.26/hr $26.92/hr

25 – 36 Months $26.18/hr $26.70 /hr $27.30/hr $27.99/hr

+37 Months $27.28/hr $27.83/hr $28.45/hr $29.16/hr

Note 1:

Note 2:

Note 3

38194786.1