COLLECTIVE AGREEMENT between AYE COMPANY LIMITED o/a ... › sites › mol › drs › ca ›...

COLLECTIVE AGREEMENT

between

AYE COMPANY LIMITED o/a CENTRAL TAXI (hereinafter called the "Company")

And

TEAMSTERS LOCAL UNION NO. 91 (hereinafter called the "Union")

EFFECTIVE: JUNE 7, 2011 EXPIRY DATE: JUNE 6, 2013

INDEX

ARTICLE 1 PURPOSE ............................................................................................................ PAGE 1 ARTICLE 2 PARTIES TO THE AGREEMENT ........................................................................ PAGE 1 ARTICLE 3 UNION RECOGNITION ................... .................................... ................................. PAGE 1 ARTICLE 4 MANAGEMENT RIGHTS AND DEFINITIONS ..................................................... PAGE 1 ARTICLE 5 SOLE AUTHORITY ........................................ ...................................................... PAGE 2 ARTICLE 6 UNION SECURITY ............................................................................................... PAGE 2 ARTICLE 7 CONTRACTING OUT BARGAINING UNIT WORK ............................................. PAGE 3 ARTICLE 8 UNION REPRESENTATION ................................................................................ PAGE 4 ARTICLE 9 DISCIPLINE AND DISCHARGE .......................................................................... PAGE 5 ARTICLE 10 NON DISCRIMINATION ....................................................................................... PAGE 6 ARTICLE 11 STRIKES, LOCKOUTS, PICKET LINES AND LABOUR DISPUTES .................. PAGE 6 ARTICLE 12 DISPATCH ........................................................................................................... PAGE 6 ARTICLE 13 TAXI DRIVERS' DUTIES ..................................................................................... PAGE 7 ARTICLE 14 TECHNOLOGICAL CHANGE .............................................................................. PAGE 8 ARTICLE 15 SENIORITY .......................................................................................................... PAGE 9 ARTICLE 16 COMMITTEES .................................................................................................... PAGE 10 ARTICLE 17 SAFETY AND HEALTH ..................................................................................... PAGE 11 ARTICLE 18 WORK WEEK ..................................................................................................... PAGE 11 ARTICLE 19 TIME OFF ........................................................................................................... PAGE 12 ARTICLE 20 TAX PACKAGE .................................................................................................. PAGE 12 ARTICLE 21 GRIEVANCE PROCEDURE .............................................................................. PAGE 13 ARTICLE 22 ARBITRATION ................................................................................................... PAGE 15 ARTICLE 23 RENTAL CHARGES AND TERM OF AGREEMENT ......................................... PAGE 15 ARTICLE 24 GENERAL .................................................... ...................................................... PAGE 16 ARTICLE 25 SUCCESSOR RIGHTS ...................................................................................... PAGE 17

APPENDIX A- POLICY WITH RESPECT TO DOG GUIDE USERS ........................... PAGE 18 APPENDIX B- DISPATCH RULES .............................................................................. PAGE 19 LETTER OF UNDERSTANDING .................................................................................. PAGE 21

Central Tari, Belleville, Ontario Page 1

ARTICLE 1: PURPOSE

1.01 The Union is certified as the collective bargaining agent on behalf of the taxi drivers; and

The parties agree to enter into a collective agreement for the purpose of establishing financial relationships and other terms and conditions of service for all the taxi drivers represented by the Union;

The purpose of this agreement is to:

(a) maintain harmonious and mutually beneficial relationships between the Company and the taxi drivers that the Union represents;

(b) set forth terms and conditions of relationship which affect the taxi drivers covered by this agreement;

(c) maintain the quality of the services provided by the Company, maintain professional standards and promote the well-being and productivity of the taxi drivers.

(d) maintain and foster an effective working relationship at all levels of the Company.

ARTICLE 2: PARTIES TO THE AGREEMENT

Between

Teamsters Local Union No. 91

-And-

AYE Company Limited o/a Central Taxi

ARTICLE 3: UNION RECOGNITION

3.01 The Company hereby recognizes Teamsters Local Union No. 91 as the sole and exclusive bargaining agent of all taxi cab drivers employed by, or dependant contractors of Aye Company Limited o/a Central Taxi, working in and out of the City of Belleville (hereinafter termed "taxi drivers"), save and except supervisors, persons above the rank of supervisor, coordinators, mechanics, dispatchers, part-time dispatchers, salesmen and office and clerical staff.

ARTICLE 4: MANAGEMENT RIGHTS AND DEFINITIONS

4.01 Whenever the masculine in this agreement, it shall include the feminine and vice versa where the context so requires.

Central Taxi, Belleville, Ontario Page2

4.02 It is understood that the term "taxi driver" shall refer to all taxi cab drivers employed by, or dependant contractors of Aye Company Limited o/a Central Taxi within the context of this Agreement.

4.03 The Union acknowledges and agrees that the Company reserves the exclusive right to manage the business, provided that in the exercise of these rights the Company will not violate any of the terms of this agreement. Without limiting the generality of the foregoing , that includes the right to:

(a) maintain order, discipline and efficiency;

(b) establish rules and regulations for the business

(c) manage the business generally, including the right to establish and/or alter, as it deems fit, the number of shifts, the length of shifts, and start and/or end times, locations of operations, methods of operation including dispatch.

ARTICLE 5: SOLE AUTHORITY

5.01 This agreement shall be the sole authority governing the relationship between the Company and the taxi drivers. The signing of this agreement shall render null and void any outstanding personal contracts in their entirety either verbal or written, that may have been entered into between any Member of the Company and a taxi driver.

ARTICLE 6: UNION SECURITY

6.01 All taxi drivers shall as a condition of continued service maintain Union membership in good standing. For the purpose of this agreement Union membership in good standing will mean payment of all dues, initiation fees, fines, assessments and other fees required by the Union from time to time. All taxi drivers will complete a "Union Deduction Authorization Form" and "Application for Membership" prior to commencement of service. The Company must then promptly forward such completed form to the Union office. Dues Authorization Cards shall remain in effect during the term of a taxi drivers' service with the Company.

6.02 The Company will remit from each taxi driver covered by this Collective Agreement, monthly dues in the amount certified by the Union to the Company, in writing. Such remittances shall be made monthly and forwarded to the Union office within fifteen (15) calendar days from the end of the month in which the remittances were completed. The Company will use the Union's pre-bill ing list system. The Company shall update and make the necessary adjustments to the list adding any new taxi driver who is recalled for service and give an explanation alongside the name of each taxi driver who appeared on the previous month's check-off list for whom a remittance is not made.

Central Tati, Belleville, Ontario Page 3

6.03 All taxi drivers shall, as a condition of continued service, authorize the Company to remit the amount equal to the Local Union's initiation fees in installments of twenty-five ($25.00) per month, to a maximum of seventy-five ($75.00), after the completion of the probationary period. This remittance shall continue until the initiation fee is paid in full. The Company agrees to remit such monies so remitted to the Office of the Local Union along with a list of the taxi drivers from whom the money was collected at the same time as the Union dues are remitted.

6.04 The Union will notify the Company, in writing, of any arrears in dues, initiation fees, fines, re-initiation fees and assessments, and the Company will immediately charge and remit the amounts prescribed by Local Union 91 and forward the same to Local Union 91 along with the regular monthly dues.

6.05 When remittance is made, the Company will provide a list of all taxi drivers and the sums that were remitted from each taxi driver, using the Union's billing format. The Company will provide the Union with the taxi drivers' name, social insurance number (subject to the continued legality of this provision), seniority start date, address, telephone number, date of birth, (and any other pertinent information that is practical for the Company to provide). The Union will be advised monthly of changes in the above information.

6.06 The Company will show the total yearly Union dues remittances and if applicable, initiation fee remittances on taxi driver T-4 slips.

6.07 A seniority list containing names, home telephone numbers, cell phone numbers and addresses of taxi drivers as contained in the records of the Company will be prepared and forwarded to the Local Union office on September 301

h and March 30th of each year.

6.08 The remittance of Union dues shall be made by every taxi driver including, but not limited to, probationary drivers.

6.09 The Union agrees indemnify and save harmless the Company against all claims or other forms of liability that may arise out of, or by reason of remittance or payments made in accordance with this Article.

ARTICLE 7: CONTRACTING OUT BARGAINING UNIT WORK

7.01 The Company shall not contract out bargaining unit work.

7.02 Supervisors, dispatcher staff, telephone staff, office staff, clerical staff, garage staff, monitors or any other persons outside the bargaining unit shall not perform bargaining unit work.

Central Taxi, Belleville, Ontario Page 4

ARTICLE 8: UNION REPRESENTATION

8.01 The Union shall notify the Company in writing of the names, addresses, phone numbers (pager if any), and positions of the persons authorized to represent the Union and/or the taxi drivers for the purpose of this agreement. Furthermore, the Union shall notify the Company in writing of any changes in these names.

8.02 A taxi driver and/or Business Agent, with the written consent of that taxi driver, shall have access to any report, complaint, and/or personnel records that may be contained in that taxi drivers' file, at reasonable times with five (5) working days notice, and shall upon request, be supplied with copies of any document found therein. Said copies shall be at no cost to the requesting party.

8.03 Any reply by the taxi driver and/or the Business Agent under the grievance procedure shall form part of the taxi driver's record. It is agreed and understood that access to personnel records shall not be unreasonably denied. The Company shall correct any personal information found therein to be inaccurate.

8.04 Upon the Union giving two (2) days written notice, Saturday, Sunday and Statutory Holidays not included, the Company will broadcast notice(s) of Union meetings across the dispatch system once every four (4) hours during the seventy-two (72) hour period immediately preceding the date of the Union meeting. Such announcements will not occur more frequently than twice a month.

8.05 The Company agrees to permit posting of any notices of Union meetings, functions or communiques on a bulletin board, providing such notices are authorized and signed by an officer of the Local Union. The bulletin board will be provided by the Company.

8.06 Upon written request from the President or Business Agent of the Local Union, a leave of absence shall be granted:

(a) To a maximum of four (4), (five (5) for the local union convention, not more than once every five (5) years) taxi drivers for the purpose of attending union functions, including but not limited to conventions, schools, seminars, or other functions excluding matters arising from the administration of this agreement. The Company shall provide a full day's credit worked for a taxi driver's rental charge for all days that a tax i driver was on the aforementioned leave.

(b) To a maximum of two (2) taxi drivers for the purpose of attending contract negotiations with the Company. The Company shall provide a full day credit worked for all negotiating days for the negotiating Committee. Credits shall be only applicable up to and not including conciliation. In recognition of the above, the Union shall be responsible for the provision of Collective Agreements to the Members.


(c) The Union shall give at least seven (7) days notice prior to the intended leave for any leave pursuant to sub section (a) of this clause and sub section (b) only applies to days of negotiation with the Company and no notice is necessary.

(d) During such leave of absence, the Company shall not charge the taxi driver any fees. The taxi must be returned prior to the start of the leave full of fuel. A taxi drivers' seniority shall continue to accumulate during a leave of absence, and the taxi driver shall be returned to his previous vehicle.

8.07 Leaves of absence for Union business without fees shall be granted to a taxi driver who is engaged in full time union activity. During such period of absence, seniority shall continue to accrue. The parties agree that seventy two (72) hours notice shall be given prior to any leave or revocation of any such leave.

8.08 Union representatives or stewards shall be entitled to book off the dispatch system and leave their work during working hours in order to carry out Union business as they may be advised by the Union.

8.09 The Company shall post a copy of the Taxi bylaw on the bulletin board.

ARTICLE 9: DISCIPLINE AND DISCHARGE

9.01 No taxi driver shall be disciplined or discharged without just cause.

9.02 The Company shall provide the taxi driver and the Union written notice of any discipline taken within twenty (20) calendar days of the incident giving rise to the discipline or the penalty shall be null and void, except where if the driver had been charged with a criminal offence and this comes to the attention of the Company at any time.

9.03 No record of any discipline or misconduct of a taxi driver shall be kept on file for more than twelve (12) months from the date of the infraction and no disciplinary information older than twelve (12) months shall be used in any disciplinary proceedings against the driver, except for disciplinary records involving sexual harassment, sexual assault, theft, taxi voucher (chits and charge card receipts) fraud or refusal of a "guide animal", which shall remain on file for eighteen (18) months from the date of the infraction and may be used during the said eighteen (18) month period. Only disciplines of a similar nature may be used for purposes of progressive discipline.

9.04 Taxi drivers shall have the right to have a steward present at any meetings with management that could result in discipline or discharge. If a Steward is unavailable for the aforementioned meeting, the taxi driver may have the taxi driver of his/her choice who is at work and available. The Company shall inform the taxi driver of this right prior to issuing any discipline or discharge. Failure to do so shall render the discipline null and void .


ARTICLE 10: NON DISCRIMINATION

10.01 The parties agree that there shall be no discrimination within the meaning of the Ontario Human Rights Code against any taxi driver by the Union or the Company by reason of race, creed, colour, age, sex, marital status, nationality, ethnic origin, ancestry or place of origin, family status, disability, sexual orientation, religious affiliation, political affiliation or activity, place of residence. The Union and the Company further agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or their representatives or members, because of a taxi drivers' membership or non-membership in a Union or because of his/her activity or lack of activity in the Union.

10.02 There shall be equal opportunity regardless of sex, in all facets of the Company's business governed by this agreement.

10.03 No taxi driver shall be required to retire on the grounds of age.

ARTICLE 11: STRIKES, LOCKOUTS, PICKET LINES AND LABOUR DISPUTES

11 .01 The Union agrees there shall be no strikes and the Employer agrees there shall be no lockouts so long as this Agreement continues to operate. The terms "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act."

11 .02 It shall not be considered a violation of this Agreement, however, if any member of the Union should refuse to deliver or pick up materials or passengers to any project or location when an actual work stoppage or strike exists and a picket line or placard line has been established for the purpose of communicating the fact of such work stoppage or strike, providing such work stoppage or strike is not contrary to the provisions of the Ontario Labour Relations Act.

11 .03 Failure to cross a picket line or handle struck work shall not be considered grounds for disciplinary action or otherwise be a violation of this agreement.

ARTICLE 12: DISPATCH

12.01 The Company shall ensure that all requests, calls, trips, parcels, and contracts for taxicab service, save and except requests for non metered service, are dispatched through the dispatch system of Central Taxi and shall only be dispatched to licensed Central Taxi drivers in a fair and equitable manner as determined by the terms of the Dispatch Rules.

(a) A list will be posted for taxi drivers who wish to perform long runs (non metered service over 100 kilometers one way). Taxi drivers shall make their interest known to the Company by signing the aforementioned list. The long run list shall be segregated into taxi drivers that are posted on the day or night shifts.

Central Taxi, Belleville, Ontario Page ?

(b) A taxi driver who wishes not to perform long runs (non metered service over 100 kilometers one way) anymore shall put their request in writing to the Company.

(c) Non-metered long runs (non metered service over 100 kms one way) shall be allocated to those with available hours on the shift who have signed the 'long run list' first. Rotational seniority on the list shall apply.

(d) Should there not be enough remaining hours on a shift to assign the call , the call shall then be moved to the off duty members according to the seniority rotational list for long runs.

12.02 The Company and the Union agree that they shall establish a Dispatch Committee, with equal representation of both parties, to meet monthly to review and discuss any issues or concerns arising from the operation of the dispatch system, including but not limited to hardware, software or manpower/staff issues. The Dispatch Committee will also meet to review issues related safety. The Company shall endeavor to address and resolve any issues in an expeditious and fiscally responsible fashion .

12.03 The Company shall ensure equal, fair and just application of the established Dispatch Rules.

12.04 The Company shall endeavour to ensure that dispatchers, phone staff or supervisors do not give preferential treatment to any individual in respect of dispatch services.

12.05 The Company shall endeavour to ensure that dispatchers, phone staff or supervisors shall not accept money or other form of favor or inducement, either directly or indirectly from any person where the objective of such payment or favor is the granting of preferential treatment to any individual in respect of dispatch services.

12.06 The Company shall endeavour to ensure that dispatchers, phone staff or supervisors shall not hold themselves out as amenable to the receipt of money, favors or other inducements for the purpose of granting preferential treatment to any individual in respect of dispatch services.

12.07 The Company shall ensure that dispatchers and phone staff perform their duties in a polite, businesslike and courteous manner at all times.

12.08 The Company shall ensure that no derogatory remarks or profane language is directed by the dispatchers and phone staff to drivers.

ARTICLE 13: TAXI DRIVERS' DUTIES

13.01 All taxi drivers shall perform their duties in a businesslike, professional and courteous manner and shall not use abusive language on the air or to customers or to Company staff while on duty.

Central Tati, Belleville, Ontario Page 8

13.02 In the case of a home or family emergency requiring the immediate attention of the taxi driver that is received through the dispatch telephone system of Central Taxi, the dispatcher shall cover the call for the affected driver who shall immediately be booked off and will return to service as soon as possible. The Company shall not be liable for losses incurred by the taxi drivers booked off in such instances, nor shall such be grieved.

13.03 In the event a driver discovers a lost object in the taxicab, he shall immediately advise the dispatch supervisor of his/her findings with a description of the object, an approximate idea of who might have left said object, along with the pick-up and drop-of addresses of the customer, if possible. Drivers shall not be liable for lost objects left in his/her cab under any circumstances.

13.04 Subject to Article 13.03, the lost object shall be returned to the dispatch office.

13.05 The Company shall provide the drivers with a list of the flat rates which shall be updated and reissued within thirty (30) days of a flat rate or meter increase. All Taxi drivers are required to charge only the flat rates where applicable.

If a driver is found to be over charging on a flat rate call, they shall be fined as follows:

(a) The fine shall be double the amount of the overcharge to the customer, half of the fine shall be paid to a fund held in trust by the Dispatch Committee, and half to the affected customer.

(b) If the fund reaches $250.00 the amount shall be divided amongst the taxi drivers currently renting a minimum average of four days per week in the applicable month.

(c) The Company must provide to the taxi driver evidence in writing, and if it is not proven in 15 days from the time of the incident the fine shall be null and void.

(d) This is grievable through the grievance procedure, and fines shall be payable on the next rental.

ARTICLE 14: TECHNOLOGICAL CHANGE

14.01 "Technological Change" means but is not limited to the introduction of changes to the present systems, the introduction by the Company of computerized dispatching systems or any other mechanical, electrical or other system including but not limited to fuel systems, excluding improvement or enhancements to the current systems. This shall not apply to radio channels or frequencies modifications.

14.02 In the event of any technological change the Company shall notify the Business Representative at least thirty (30) days before the introduction of such changes.


14.03 The Company further agrees that it shall not impose any additional fee(s) or otherwise charge any taxi driver as a result of technological change unless mutually agreed between the parties.

ARTICLE 15: SENIORITY

15.01 Seniority will be defined as the taxi drivers first day of service. Seniority shall be exercised bargaining unit wide.

15.02 Taxi drivers for whom no work is available for five (5) consecutive working days shall, upon request, be considered laid off and have their Unemployment Insurance Separation Certificate issued.

15.03 Seniority lists shall be prepared and posted by the Company on September 30th and March 30th. The Company shall also supply sufficient copies to the Stewards and the Union Business Agent. The copy of the seniority list that is forwarded to the Local Union shall include the taxi driver's name, seniority start date, address, home telephone number and cell phone number.

15.04 Taxi drivers promoted to supervisory positions or positions not subject to this Agreement shall retain their seniority after promotion for a one (1) month period only. If demoted for any reason, or if they voluntarily request reinstatement to their former position during the aforementioned one (1 ) month period, the time served in the supervisory position shall be included in their seniority rating. Such taxi drivers shall forfeit any and all recourse to the Grievance Procedure as outlined in this Agreement should he/she be subsequently discharged in such a position beyond the jurisdiction of this Agreement.

This article will only be applied once for any taxi driver during the term of this agreement.

15.05 Absence due to bona fide illness or injury shall not be cause for discharge or loss of seniority providing the Company is notified of such illness or injury as early as possible. The taxi driver shall notify the Company when he/she is able to return to work and shall be assigned the next available dispatch in line with his/her seniority. The Company may reserve the right to require medical certification that they are fit to return to work or where the taxi driver has requested an accommodation due to medical reasons. When the Company requires medical certification from a taxi driver the Company shall pay the costs of such note or certification.

15.06 Notice of permanent shift vacancy shall be posted on the bulletin board at the bargaining unit where the vacancy occurs and announced on the radio once per shift for five (5) days. Such notice shall remain posted for a period of five (5) days and eligible taxi drivers shall have the right to bid for the shift. Selection to such shifts shall be made on the basis of bargaining unit seniority. Absent taxi drivers will be called at home and be given opportunity to bid shifts by seniority.


15.07 Shifts shall be bid by seniority within thirty (30) days upon ratification of this agreement, and yearly forward during the month of October.

15.08 All extra shifts and non-metered 'call-ins' shall be offered by seniority on a rotational basis as per the recognized and current list.

15.09 In addition to any other breach of the rules of the Company or the rules of the City of Belleville (or other applicable licensing authority) applicable to taxi drivers, the Union acknowledges and agrees that a driver shall lose seniority and shall be ineligible to rent a taxi cab in the event:

(a) he or she fails to have, acquire or maintain a valid and current taxi driver's license from the Belleville Police Commission, City of Belleville or the applicable licensing authority, as that may, be from time to time;

(b) the taxi driver acquires six (6) or more demerit points;

(c) the taxi driver fails to meet any criteria for insurability established by the Company's insurance provider, or the taxi driver is under age 25.

(d) the taxi driver fails to immediately report to the Company any mishap with regards to the taxi, "moving vehicle violation" meaning any charge under the Highway Traffic Act, including a collision.

(e) the taxi driver fails to immediately report any mechanical problem with the vehicle that is unsafe or would result in damage to the vehicle if continued to be operated.

(f) the taxi driver fails to rent a taxi cab for a period in excess of two (2) years.

15.10 All new taxi drivers shall serve a probationary period of ninety (90) calendar days before acquiring any seniority rights and during such probationary period, they shall not have recourse to the grievance or Arbitration Procedure. The Company may not charge a taxi driver for purposes of forcing an additional probationary period.

Upon completion of the ninety (90) calendar days, the taxi driver shall be discharged or placed on the regular seniority list as of the date of commencement of his probationary period.

ARTICLE 16: COMMITTEES

16.01 A Dispatch Committee consisting of up to two (2) representatives from the Union and up to two (2) representatives from the Company shall be appointed. This Committee shall meet at mutually agreeable times upon the request of either party within fifteen (15) days. The parties shall endeavour to meet at non-peak period times for the taxi drivers.

Central Taxi, Belleville, Ontario Page ll

In addition to it's duties under 16.01 , and such other prov1s1ons of the Collective Agreement as may be applicable, the Dispatch Committee shall meet to discuss matter of mutual concern to the Union and the Company, and to consider issues raised with respect to safety in the workplace. Minutes shall be kept of these meetings and available to the driver group upon request.

16.02 The rules established by the Dispatch Committee shall be binding to both parties, and form an integral part to this Collective Agreement.

16.03 Members of Committees shall be credited on a pro-rated basis for all hours spent during any meetings upon their next available rental.

16.04 Dispatch Committee meetings shall be scheduled for the first Wednesday of every odd month (January, March, May, July, September, and November). If a meeting has to be moved, rescheduled or canceled the members shall be informed in a timely manner.

16.05 The Company shall request that a regular dispatcher is a member or is present at all Dispatch Committee meetings.

ARTICLE 17: SAFETY AND HEALTH

17.01 The parties hereto understand and agree that driver safety is important. The Company and all taxi drivers agree to fulfill their mutual obligations in accordance with this understanding. The Company will continue to welcome safety recommendations from drivers and will encourage them to pursue during working hours practices that promote safety and health.

17.02 In the event that a state of emergency is declared and all roads and highways are ordered closed by any government authority or police service the Company shall credit the taxi driver for that portion of the paid shift that remains after the closure.

17.03 It shall not be a breach of this agreement for taxi drivers to refuse any work, calls or dispatches that he or she has reason to believe that may endanger himself, herself, or another driver or passenger.

17.04 The Company agrees that dispatchers shall cooperate in every way possible to aid a taxi driver who reports himself in danger. The dispatchers shall utilize nearby taxi cabs and/or police to provide aid.

ATRICLE 18: WORK WEEK

18.01 The daily rental period shall cover twelve consecutive ( 12) hours.


18.02 Taxi drivers shall pay their rental fees daily. Payment for the first rental shall be at the end of the business shift on Monday for the day shift and Tuesday for the night shift or the first day worked in the week.

ARTICLE 19: TIME OFF

19.01 The Company states that it is not the practice to charge rent for major injury/illness (such as strokes, heart attacks) that occur while the taxi driver is operating the taxi during his/her rental period. The Company shall pro-rate unused hours as a credit towards the next available rental.

19.02 The Company agrees to grant a full day rental credit to taxi drivers with a minimum of five (5) years seniority on the day of the funeral for the following : husband, wife, father, mother, son, daughter, brother, sister, stepparents, and mother/father-in-law.

19.03 When a taxi driver is unable to work due to mechanical failure beyond minor repair (that has not been caused or contributed to by neglect or poor operation) or 'not at fault' accident the driver shall be entitled to a pro-rated credit for hours the vehicle is unusable. The time shall start upon notification to Dispatch, and applied to the next applicable rental.

19.04 When the situation warrants and the taxi driver must stay overnight due to mechanical failu re the Company shall bear the cost of a hotel room. All overnight stays must be preapproved by the Company.

ARTICLE 20: TAXI PACKAGE

20.01 Each taxi driver shall be supplied for a daily twelve (12) hour period, at no extra cost, a roadworthy safe four door vehicle with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers in compliance with the applicable Municipal By-laws and containing:

(1) An illuminated roof sign clearly stating the Company's name; (2) A taxi-meter sealed in accordance with the City By-Law; (3) A two way radio; (4) A usable spare tire; (5) A tire tool; (6) A jack; (7) An electric rear window defroster; (8) Company's business/receipt cards; (upon next and subsequent printing of) (9) Block heater if requested and necessary; (1 0) Air conditioning;

Any equipment owned by the Company that becomes inoperative will be repaired as soon as possible.


ARTICLE 21: GRIEVANCE PROCEDURE

21.01 (a) A grievance shall consist of a dispute concerning the interpretation and application of any clause in this Agreement. If any question arises as to whether a particular dispute is or is not a grievance within the meaning of these provisions, the question may be taken up through the Grievance Procedure and determined, if necessary, by arbitration.

(b) Except in cases of conduct which would support discharge such as serious accidents, consumption or possession or being under the influence of alcohol or drugs, dishonesty, falsification of records, insubordination, sexual harassment, tampering with equipment or devices, unauthorized passengers, or culminating incidents supporting discharge, taxi drivers shall be allowed to remain on the job without loss of rental rights unless and until the discipline or discharge is sustained under the Grievance Procedure. Suspended taxi drivers shall be allowed to remain on the job without loss of rental rights unless and until the suspension is sustained under the Grievance Procedure. For purposes of this provision only, the grievance procedure shall be deemed concluded after Step Two.

21.02 The Union and Company agree that grievances shall be dealt with in a timely manner and that every effort shall be made to keep delays to a minimum.

21 . 03 Grievance

Any difference of interpretation or violation of any one of the stipulations or working conditions of this agreement by the Company, Union or by any one of the taxi drivers covered by this agreement may be considered as a grievance provided the said grievance is filed in writing within thirty (30) calendar days following the knowledge of the facts or decision.

Any complaint or grievance arising directly between the Company and the Union shall be submitted in writing and initiated under Step two of the grievance procedure.

Where a grievance is not fi led within the time lines provided for above, on the pretense of being unaware of the facts, the grieving party shall have to prove that he/she was not aware of the said facts.

When a grievance is presented, it must describe the nature of the said grievance without necessarily specifying the clause or clauses that has or have been infringed.

Any taxi driver who has a problem concerning the interpretation and application of any clause in this Agreement must try to resolve it with his/her immediate superior, accompanied by his/her Shop Steward before filing a written grievance.


First Step

The affected taxi driver and/or the Shop Steward shall file the grievance in writing to the department authorities or to the immediate superior whose written answer must be rendered within the following ten (1 0) working days. Copy of said answer must be given to the Union and the Shop Steward.

Second Step

Within fifteen (15) working days following the decision in Step 1, the Steward and taxi driver concerned with the grievance and an official of the Union shall meet with a representative of the Company. The decision of the Company shall be given in writing within five (5) working days following this meeting.

Third Step

Failing a settlement, the grievance may be submitted to arbitration by one party or the other, provided that the grieving party informs the other within twenty-eight (28) calendar days following the completion of the second step described in article 21 .03 of his intention to submit said grievance to arbitration.

21 .04 Time Lines. Decision. Expenses and Fees

(a) In the event where the Company neglects to answer the grievance submitted in writing within ten (10) working days from the receipt of said grievance, the grievance shall be deemed to have been allowed and the Company agrees to make the appropriate settlement.

(b) The time lines provided herein may be extended by the parties upon written orEmail mutual agreement.

(c) If the parties cannot agree on the choice of an arbitrator, the grieving party shall appeal to the Minister of Labour in order to appoint one.

(d) The arbitrator having heard the grievance is obligated to render and send his/her decision to the parties as soon as possible.

(e) The parties assume their own costs and expenses as well as those of their representatives and witnesses.

(f) The arbitrator has no discretion to alter or amend the Collective Agreement.

21.05 All monetary grievances mutually agreed upon shall be paid within 7 days.


21.06 Any taxi driver covered by this Agreement when called into the Company's office for any discussion with Management above the level of dispatcher which may result in disciplinary action or a grievance shall be accompanied by a Steward, a business representative or a taxi driver of his choice who is then at work and available.

ARTICLE 22: ARBITRATION

22.01 When either party requests that a dispute be submitted to arbitration as herein before provided, it shall notify the other party in writing. Both parties will agree on a number of available dates that are suitable for them.

22.02 No person may be appointed as an arbitrator who has been involved in an attempt to settle the grievance.

22.03 The Arbitrator shall not have the right to alter or change any provisions in this Agreement or substitute any new provisions in this agreement or substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this Agreement. The Arbitrator, however, shall have the power to vary or set aside, any penalty or discipline imposed relating to the Grievance then before him/her.

22.04 Each of the parties hereto shall equally bear the fees and expenses of the Arbitrator.

22.05 The proceedings of the Arbitration will be expedited by the parties hereto and the decision of the Arbitrator shall be final and binding upon the parties hereto and the taxi driver concerned.

22.06 The Company shall not be responsible for the payment of time used by a taxi driver in the investigation and settlement of a grievance.

22.07 Reimbursement

When an arbitration decision shall require a reimbursement to the taxi driver, it shall be made by separate cheque with in one week of the decision.

ARTICLE 23: RENTAL CHARGES AND TERM OF AGREEMENT

23.01 This Agreement shall continue in force from June 7, 2011 to June 6, 2013 and remain in force thereafter from year to year unless either party gives written notice according to Article 23.02

23.02 If one of the parties wishes to propose changes or amendments to this Agreement, it shall, within the period of ninety (90) days before the expiration of the Collective Agreement, notify in writing the other party of the changes or amendments that it proposes. The other party is obligated to undertake negotiations for the renewal or the revisions of the Agreement within (15) working days following receipt of such notice or a


time mutually agreed upon, and each party must therefore enter into negotiations in good faith and endeavor to conclude a new and revised Agreement.

23.03 Rental rates to taxi drivers shall for a twelve hour period be set as follows:

Monday $130.00 Tuesday $130.00 Wednesday $130.00 Thursday $155.00 Friday $155.00 Saturday

I $155.00 Sunday and statutory holidays $100.00

A work week is Monday to Sunday. For drivers who have worked five shifts in a given week, the rate for the s ixth shift worked in the same week shall be $50.00, and the seventh shift in that same work week shall be free. If a statutory holiday falls on either a Saturday or Sunday, eligible employees shall be entit led to pay the day s ix or seven shift rate, as the case may be.

The Company reserves the right to adjust the Monday - Friday daily s hift rates, but only on the condition that the overall Monday - Friday rental rate does not increase. The Company has no right to adjust the daily shift rates for Saturday and Sunday

All statutory holidays as follows: New Years Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving, Christmas Day, and Boxing Day shall be set at fifty per cent (50%) rental rate reduction. To obtain the statutory holiday rental rate, a taxi driver must work a minimum of ten (10) hours on that statutory holiday. All statutory holidays shall be considered a full day rental and shift worked as applied to rental credits.

23.04 Drivers who wish to be considered for the opportunity to take a taxi cab to their home at the end of a shift, and then from home to the start of their next shift, (it being understood and agreed the taxi can be used for no other purpose), must pay $25.00 per week for said privilege.The Company's ability to continue this practice is, in any event, within its total discretion, and may be terminated at any time.

ARTICLE 24: GENERAL

24.01 The Company shall maintain its internal Company charge system and accept major credit cards as approved by the Company (during times the Company's accounts office is open) which currently includes Visa, MasterCard and American Express.

24.02 All passengers shall be treated in a polite, professional, courteous and businesslike manner at all times by both the Company and the taxi drivers.


24.03 If requested, a properly signed receipt shall be furnished by the Company for all payments made by the taxi driver. If requested said receipt shall show a breakdown of all payments made by the taxi driver and the dates for which they apply. For the purposes of this clause a numbered computer receipt shall be deemed to be signed.

24.04 The Union's representative shall be entitled to a copy of any relative information directly related to that incident being investigated, when required, in dealing with instances of discipline, discharge and/or grievances.

24.05 Union representatives and stewards shall have access to a supervisor within 24 hours of a request from the representative or steward in the performance of their duties, during office hours Monday to Friday except for holidays.

24.06 Personal Messages shall be given as per the present practice.

24.07 Taxi drivers have the right to work pick up's (99's).

24.08 The Company shall provide, on a current basis, a list of staff or supervisory personnel directly related to the drivers. This list shall be forwarded to the Union and any alterations or adjustments must be forwarded in writing to the Union.

ARTICLE 25: SUCCESSOR RIGHTS

25.01 This Agreement shall be binding upon the parties hereto, their successors, administrators, executors, and assigns.

T~"~ Signed at Belleville, Ontario this JS day of August, 2011 .

For Aye Company, ola Central Taxi For Teamsters Local Union No. 91:


APPENDIX A

POLICY WITH RESPECT TO DOG GUIDE USERS

The Management of Central Cab wishes to advise all its employees, drivers, and others operating under the Central Cab roof sign, of Central Cab's policy with respect to blind passengers, whether or not they use dog guides. Under the Blind Persons Rights Act of Ontario, no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public, for the reason that he/she is a blind person accompanied by a dog guide. Also, under this Act, a blind person and his/her dog guide often are issued identification cards by the Attorney General of Ontario, which cards should be considered by all as sufficient for identifying the blind person and his/her dog guide.

Under the Human Rights Code of Ontario, every person has a right to equal treatment with respect to the supply of services, without discrimination because of, among other things, a handicap. No person can infringe or do anything that infringes upon the right of handicapped person to services available to the public In the rules and regulations for Central Cab drivers, it is stated that a blind person, with or without a dog guide cannot be refused service. Also, Central Cab has posted various notices from time to time advising that it is against the law and Central Cab policy to refuse dog guides as fares.

This notice will simply repeat what should be apparent to you all, that if a blind person, with or without a dog guide, is refused services by any Central Cab driver, and such actions shall result in fines to the driver and other disciplinary action, including the possibility of suspension by the Management of Central Cab. Any inquiries concerning this policy should be directed to any member of the Management, who shall, if it is required, explain the policy to you.

Central Tari, Belleville, Ontario Page 19

APPENDIX B

DISPATCH RULES

1. DISPATCH RULES

a) Shifts are defined as a 12 hour rental period or a 12 hour free day.

b) Current shifts allow taxi cab drivers to book in between 5:00 a.m. to 7:00a.m. for day drivers and 5:00 p.m. to 7:00 p.m. for night drivers, according to their stated shift preference.

c) Drivers must be booked into dispatch no later than the close of the appropriate shift window. Drivers shall not be booked in after the close of the window under any circumstances.

d) Drivers who begin a day or evening shift at the beginning of a calendar month must remain on that shift for the entire month unless due to a personal family emergency or a bona fide reason otherwise.

2. ZONES

a) City would be broken into six (6) zones as proposed.

b) Calls shall be dispatched rotationally within each zone; if a zone is vacant then to the next up in an adjacent zone at the dispatchers' discretion.

c) The parties shall endeavour to utilize the zone system for the fair distribution of calls. However, it is recognized that service is a priority and at the dispatcher's discretion the zones may be lifted and closest to the call would apply. This would be solely based on service needs and the zone system reapplied as soon as service needs are met. The dispatchers would announce the start of zones off and zones on the radio.

d) Zones shall cover dispatches of 100 kms or less one way, except as modified by (c).

e) Driver shall announce the zone they are holding in, only when they are clear and in the zone.

3. LONG RUN LIST

a) Drivers shall sign up on the long run list within 30 days after ratification.

b) Lists shall be set initially by seniority.


c) Probationary employees have no seniority and therefore no access to the list.

d) Drivers must provide written notice to move on/off the list to the company. Drivers who add themselves to the list after ratification shall be placed at the bottom.

e) Drivers who decline two (2) long run calls in a two (2) week span shall be automatically removed for a period of six (6) months.

f) Drivers who decline a call shall move to the bottom of the list.

g) (e) and (f) shall not apply to non-metered calls dispatched or referred to members not on shift.

h) Rotational seniority established list shall prevail.

In all other mattes under the Dispatch Committee the parties shall make every reasonable effort to reach an agreement but if they fail to do so, management decision prevails.

The agreed too dispatch rules shall be applied upon ratification. These rules shall be maintained unless modified or altered by a majority consensus of the Dispatch Committee. Failure to reach consensus constitutes status quo.


LETTER OF UNDERSTANDING

8 E T WEE N:

AYE COMPANY LIMITED, operating as Central Taxi

-and-

TEAMSTERS LOCAL UNION NO. 91

WHEREAS the Company wishes to sell, lease or transfer some of its cab licenses;

AND WHEREAS the Union supports the sale, lease or transfer of these cab licenses by the Company.

THEREFORE, the parties agree as follows:

1. Any cab licenses that the Company wishes to sell, lease, or transfer must be first offered to the bargaining unit members by "seniority" as defined by the union and agreed by the Company. For clarity, each time there is an increase in the total number of cab licenses sold, leased or transferred, the Union will be notified of the transaction in writing and offered by seniority. In the event any of the cab licenses sold, leased or transferred are returned to the Company by virtue of incomplete financing, unfinished payments, repurchase by the Company or other such matter where the arrangement was frustrated, the said plate(s) may only first be offered again to the drivers by seniority.

2. If no bargaining unit member wishes to purchase, lease or accept the transfer of a cab license after a reasonable offer period of 60 days, the Company may then sell, lease or transfer the offered cab license to someone outside the bargaining unit - understanding, however, that the terms of the sale, lease or transfer to someone outside the bargaining unit cannot be different than terms offered to the bargaining unit member, save for those considerations set out in paragraph 5 below.

3. Persons, whether presently in or outside the bargaining unit, who purchase or lease these cab licenses, shall become or remain members of the bargaining unit, and subject to the terms of the collective agreement. Furthermore, anyone who drives a cab associated with any of the sold , leased or transferred cab licenses must also become and remain members of the bargaining unit.

4. The price or cost of the sale/lease/transfer of the licenses are not part of the collective agreement, and are not subject to grievance or arbitration. The Company can negotiate such price or cost directly with prospective lessees/purchasers/transferees. The parties agree that the price for a taxi/plate lease or purchase package and the dispatching costs


associated shall be determined by the Company. The aforementioned cost shall be offered by seniority set out in paragraph 1 above and the only variables shall be the cost of insurance and financing.

5. It is expressly acknowledged and agreed by the Union that financing terms and insurance pricing for the plate/taxi package sold or leased may vary as between prospective purchasers depending on valid and proper business considerations, such as credit history and driving history. The Company agrees that cab rental opportunities as presently exist under the collective agreement will continue to be available to Union members.

6. The Company shall sell, lease or transfer licenses at its discretion but it will always maintain an adequate number of its cars and plates on the rental program to meet any sustained demand from drivers during the term of the collective agreement; and to provide additional comfort, the Company agrees not to offer to sell, lease or transfer more than 15 cab licenses during the first year and 15 cab licensees in the second year of this agreement.

7. The parties agree that should any issues arise with respect to the sale, lease or transfer of a cab license, the parties shall meet and attempt to resolve the issues.

DATED this I<' Tl1 /J day of August, 2011.

AYE COMPANY LIMITED, operating as Central Taxi

Per:

TEAMSTERS LOCAL UNION NO. 91

Per:

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