COLLECTIVE AGREEMENT

BETWEEN:

DORAL HOLDINGS LIMITED

-AND-

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 2 Brewery, General, and Professional Workers Union

C.L.C.

Effective: August 4, 2013

Expiry: August 3, 2018

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INDEX

ARTICLE DESCRIPTION PAGE

ARTICLE 1 - RECOGNITION ........................................ .. ... ... .. ............ ......... ... ...... .... ... ..... ..... .. .... 1 ARTICLE 2 - DEFINITIONS ............................ ... .... .. .... .... ....... ...... .... ... .. ... ..... ......... ...... ......... ...... 1 ARTICLE 3 - UNION MEMBERSHIP ............ ...... ....... ...... .... ....... ... ..... .. ...... ... ......... ... .. ......... ... ... 2 ARTICLE 4 - UNION INTERVIEW .............................. ...... .... ..... ....... .. ... ....... .... ...... ... .. .. ... ..... ... .. 3 ARTICLE 5 - NO STRIKES OR LOCKOUTS ............... ... .... ............ ....... ........ ...... ... ........... ....... .. 3 ARTICLE 6 - MANAGEMENT RIGHTS .......................... ............ .. .......... ... .. .. ...... .. ............... .... .. 3 ARTICLE 7 - UNION COMMITTEE AND STEWARDS ....... .. ... ... .. ........... ......... ....... .... ... .... .... .4 ARTICLE 8 - COMPLAINTS AND GRIEVANCES ...................... ............................................. .4 ARTICLE 9 - DISCHARGE GRIEVANCE .................................... ... ...... ........ .... .......................... 5 ARTICLE 10-EMPLOYERAND UNION GRIEVANCES .......... ................................ .. .. ......... .. 5 ARTICLE 11 - ARBITRATION ....................................................................... ......... .... ................. 6 ARTICLE 12 - SENIORITY ......... .... ............... .. ............. ..... .. ... ......... ... ......... ........ .. ... ...... ...... ... .. ... 7 ARTICLE 13 - SENIORITY LISTS ......... ...... ......... .... ................. ................................. ........... ...... 8 ARTICLE 14 - JOB POSTING .................... ................ ............ ... ........... ..... ...... .... .. ..... ...... .... ... .... .. 8 ARTICLE 15 - BULLETIN BOARD .......... ....... ..... ........ .... .. ................. ............... .. .... ....... .. .... .... .. 9 ARTICLE 16 - LEAVE OF ABSENCES ...... ..... .......... .......... .. ... ........... .... ... ... ....... ............. ..... ..... 9 ARTICLE 17 - LAY-OFF AND RECALL .. ........... .......... .. ............................. ......................... ..... 11 ARTICLE 18 - CONTRACTING OUT ........ .. ... ... ................................... ..... ............................. ... 12 ARTICLE 19 - HEALTH AND SAFETY .................................................................................... 12 ARTICLE 20 - HOURS OF WORK ..... ....... .. .... .. ...... .. ....... ........ .... .... .................... .. ....... ............ . 12 ARTICLE 21 - OVERTIME .............. .. ................... .. .... ...... ........... ....... ...... .... .......... ........... ........ . 13 ARTICLE 22 -PAID HOLIDAYS .... .... ................ .... .. ........................ ........... .. ........... .. ...... ... .. .. .. 13 ARTICLE 23 - LUNCH AND REST PERIODS ......... .......... .. ................ ........ ..... .... ... ...... ..... .... .. 14 ARTICLE 24 - UNIFORMS .... .. .. ... ... ....... .... ... ...... .... ........ ... .... ............. .. ...... .. ....... ...... .. .. ........ .... 14 ARTICLE 25 - VACATIONS WITH PAY .................................................................................. 14 ARTICLE 26 - HEALTH AND INSURANCE BENEFITS ......................................................... 15 ARTICLE 27 - PAY DAYS .............. ~ ............................... ......... ..... ............ .. .. .. ............ .. ........... .. . 16 ARTICLE 28 -TEMPORARY TRANSFERS ............... ... ........ ............................. .... ... .... .. .. .... .... 17 ARTICLE 29 - INTERPRETATION ................................ ..... .... ............ .... ..... .... ... ..... .. ...... .. ..... ... 17 ARTICLE 30 - RENEWAL, AMENDMENT AND TERMINATION ........................................ 17

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BETWEEN:

COLLECTIVE AGREEMENT

THIS AGREEMENT made as of the 4th day of August, 2013

DORAL HOLDINGS LIMITED

(hereinafter called the "Employer")

-and-

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 2 Brewery, General, and Professional Workers Union

C.L.C.

(hereinafter called the "Union")

WHEREAS the purpose of this Agreement is to establish mutually satisfactory relations between the Employer and the employees concerned, and to provide machinery for the prompt and equitable disposition of grievances, and to establish and maintain satisfactory working conditions, hours of work and wages for all the employees who are subject to the provisions of this Agreement;

NOW WITNESSETH AS FOLLOWS:

Article 1- RECOGNITION

1.01 The Employer recognizes the Union as the bargaining agent for the employees (as that term is defined below) of the Seaway Mall.

Article 2 - DEFINITIONS

The parties hereto agree that, when used in this Agreement or in any Schedule or Appendix attached to this Agreement, the following words or expressions have the meaning hereinafter set forth:

2.01 "Business Agent" shall mean the person employed and appointed by the Union to represent it in the negotiation of various matters including, but not limited to, collective agreements and employee, Employer and Union complaints and grievances;

2.02 "Employee(s)" shall mean all employees of Doral Holdings Limited employed at the Seaway Mall in Welland, as that term is defined, save and except supervisors, persons above the rank of supervisor, office staff and persons regularly employed for not more than twenty-four (24) hours per week. It is understood that all Employee(s) must complete a Probationary Period as defined in Section 2.07 herein.

2.03 "General Manager" shall mean the individual employed by the Employer for the management of the Seaway Mall and appointed as the Employer's representative;

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2.04 "Leave of Absence" shall mean such period of absenteeism approved by the Employer of an employee for reasons other than vacation, Float Holidays or Holidays;

2.05 "Local Union" shall mean S.E.I.U. Local 2 BGPWU located in the city of Toronto;

2.06 "Maintenance Supervisor" shall mean the person employed and appointed by the Employer for the supervision of the employees from time to time;

2.07 "Probationary Period" shall mean sixty (60) days from the date that the employee commences employment for the Employer;

2.08 "Seaway Mall" shall mean the business operated by the Employer located at 800 Niagara Street North, Welland, Ontario;

2.09 "Seniority" shall mean the length of service of an employee calculated from the date of hiring by the Employer;

2.10 "Steward" shall mean the employee selected as the representative of the employees involving any and all Union business;

2.11 "Union Representative" shall mean the Business Agent of the Local Union;

212 "Regular Rate" shall mean the basic hourly wage that each employee is entitled to receive in accordance with Schedule "A" attached hereto; and

2.13 "Union Dues" shall mean the amount(s) to be paid by the employee to the Union as certified by the Secretary-Treasurer of the Local Union from time to time for such employee's membership in the Union.

Article 3 - UNION MEMBERSHIP

3.01 The parties to this Agreement agree that there will be no discrimination, interference, restraint or coercion exercised or practiced upon any employee due to the employee's membership or non-membership in the Union.

3.02 During the term of this Agreement, the Employer agrees to deduct from the wages of each employee, as a condition of employment, an amount equal to the regular monthly Union Dues on a bi-weekly basis. The Union shall advise the Employer, in writing, as to any changes in the Union Dues from time to time.

3.03 The Employer shall remit the Union Dues to the Secretary-Treasurer of the Local Union on or before the 25th day of each month, if possible, but not later than the last day of the month in which they were deducted.

3.04 The Union agrees to indemnify the Employer and hold it harmless against any and all claims which may arise in complying with the provisions of this Article.

3.05 The Employer shall grant the Steward or designate a three (3) day leave of absence without loss of pay or benefits to attend the Union's Annual Council & Training Conference.

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3.05 The Employer shall grant the Steward or designate a three (3) day leave of absence without loss of pay or benefits to attend the Union's Annual Council & Training Conference.

Article 4 - UNION INTERVIEW

4.01 A Union Representative will be given the opportunity of one interview with each new employee who is not a member of the Union and who has completed the Probationary Period, for the purpose of informing such employee of the existence of the Union and presenting such employee with a copy of the current collective agreement between the Employer and the Union.

4.02 The interview shall take place at the Employer's premises at a time and place designated by the Employer. The time limit of such interview shall not exceed ten (10) minutes for each such employee so interviewed.

Article 5 - NO STRIKES OR LOCKOUTS

5.01 The Union agrees that there shall be no strike, work stoppages or work slowdowns resulting from any complaint, grievance or violation of the within Agreement filed by or on behalf of either the employee or the Union.

5.02 The Employer agrees that there shall be no lockout during the term of this Agreement resulting from any complaint, grievance or violation of the within Agreement filed by or on behalf of the Employer.

Article 6 - MANAGEMENT RIGHTS

6.01 The Union acknowledges and agrees that the Employer, in its sole discretion, is responsible for all decisions concerning the management of the Seaway Mall and, without limiting the generality of the foregoing, it is the exclusive function of the Employer to:

(a) determine and establish standards and procedures for the operation of the Seaway Mall;

(b) maintain order, discipline, efficiency and, in connection therewith, establish and enforce reasonable rules and regulations as the Employer deems necessary from time to time. In this regard, the Union shall be advised of any changes in such rules and regulations prior to their implementation;

(c) hire, transfer, layoff, recall, promote, demote, retire, classify, assign duties, discharge, suspend or otherwise discipline employees, provided that a claim of discriminatory transfer, promotion, demotion of classification or a claim that an employee, has been discharged or disciplined without just cause and is the subject of a grievance to be dealt with as hereinafter provided;

( d) plan, direct and control the work of the employees and the operations of the Seaway Mall; and introduce new and improved methods, facilities and equipment.

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6.02 Notwithstanding the provisions of Section 6.01, the Employer agrees that any transfer of employees to any other property or properties owned by the Employer shall be on a voluntary basis.

Article 7 - UNION COMMITTEE AND STEW ARDS

7.01 The Employer acknowledges and agrees that there shall be one (1) Union Steward elected or otherwise selected from the employees, who has completed the probationary period, by the Union to represent the employees in the negotiation of any and all agreements, grievances or complaints involving an employee or employees. Notwithstanding the foregoing, the parties hereto agree that the Union may elect or otherwise select additional employees to form additional committees to represent the employees as the Union determines necessary.

7.02 The Union shall advise the Employer within ten (10) days of any changes, in writing, as to the name of the Union Steward from time to time or the formation of additional committees as set out above.

7.03 The Union acknowledges that the Union Steward must continue to perform his or her regular duties as an employee and endeavours to use its best efforts to ensure that activities of the Union Steward be conducted at such times outside the regular working hours being 8:30 a.m. to 4:30 p.m. (the "Regular Working Hours") of the Employer. Notwithstanding the foregoing, the Employer acknowledges that it may be necessary from time to time for the Union Steward to perform such duties as they relate to the Union during regular working hours.

7.04 The Employer agrees to pay the Union Steward for time used during normally regular working hours when in negotiations of a Collective Agreement including conciliation proceedings but excluding any arbitration proceedings.

Article 8 - COMPLAINTS AND GRIEVANCES

8.01 The parties hereto agree that any and all complaints and grievances made by an employee, except those to which Article 9 applies, shall be addressed and resolved as quickly as possible in the following manner:

Step 1 - An employee, having a complaint or in the event that a difference arises between the employee and Employer as to the interpretation, application, administration or alleged violation of this Agreement (the "Employee Grievance"), shall submit same in writing setting out a statement of facts and the relief sought to the Maintenance Supervisor. The Employee Grievance shall be submitted within five (5) days of the occurrence of the Employee Grievance or within five (5) days of when the employee should have been reasonably expected to have knowledge of the occurrence of the Employee Grievance. The Maintenance Supervisor shall provide the employee with his or her decision in writing (the "Decision") within four (4) days from the date of submission of the Employee Grievance.

Step 2 - In the event that the Employee Grievance is not settled to the satisfaction of the employee, the employee shall, within five (5) days after receipt of the Decision, submit

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the Employee Grievance in wntmg to the General Manager. Upon receipt of the Employee Grievance, the General Manager shall arrange a meeting (the "Grievance Meeting") at a mutually convenient time with the employee (the "Grievance Meeting"). The employee may request the assistance of the Union Steward and the Employer may request the assistance of counsel or such other parties as he, she or it deems necessary. In addition, either party may request the presence of the Business Agent. The General Manager shall render his or her decision, in writing, within five (5) days following the Grievance Meeting, to the employee.

Article 9 - DISCHARGE GRIEVANCE

9.01 In the event that an employee has been discharged by the Employer (the "Discharge Notice") from his or her employment and the employee is of the opinion that he or she was discharged without just cause, such employee may file with the Employer a grievance ("Discharge Grievance"), in writing, within four ( 4) days of receipt of the discharge notice. Upon receipt of a Discharge Grievance, the Employer agrees to render its decision, in writing, (the "Discharge Decision") to the Employee within seven (7) days of the receipt of the Discharge Grievance or such longer period as may be mutually agreed to between the employee and the Employer .

9.02 In the event that such employee is not satisfied with the Discharge Decision, the employee shall, within five (5) days of receipt of the Discharge Decision, submit the Discharge Grievance, in writing, to the General Manager. Upon receipt of the Discharge Grievance, the General Manager shall arrange a meeting at a mutually convenient time with the employee (the "Discharge Grievance Meeting"). The employee may request the assistance of the Union Steward and the Employer may request the assistance of such counsel or other parties as he, she or it deems necessary at the Discharge Grievance Meeting and the parties hereto agree that either party may request the presence of the Business Agent. The General Manager agrees to render his or her decision, in writing, within five (5) days following the Discharge Grievance Meeting, to the employee.

9.03 In the event that the Employer's decision is to reinstate the employee, the employee shall receive full compensation for time lost or may elect to accept such other arrangement as the parties hereto mutually agree.

Article 10 - EMPLOYER AND UNION GRIEVANCES

10.01 In the event that the Employer is of the opinion that a breach of the within Agreement by the Union or an employee has occurred, the Employer shall file a grievance (the "Employer Grievance"), in writing, with the Business Agent, provided that it is received by the Business Agent within ten (10) business days after the circumstances giving rise to the Employer Grievance originated or occurred. Upon receipt of the Employer Grievance, the Business Agent shall arrange a meeting at a mutually convenient time with the Employer. The decision of the Business Agent shall be rendered, in writing, within five (5) days following such meeting with the Employer.

10.02 In the event that the Union is of the opinion that a breach of the within Agreement by the Employer has occurred, the Union shall file such a grievance (the "Union Grievance"), in writing, with the General Manager, provided, however, that same is received by the

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General Manager within ten (10) business days after the circumstances giving rise to the Union Grievance originated or occurred. Upon receipt of the Union Grievance, the General Manager shall arrange a meeting at a mutually convenient time with the Union. The General Manager shall render his or her decision, in writing, to the Union within five (5) business days following such meeting with the Union.

Article 11 - ARBITRATION

11.01 In the event that an Employee Grievance, Discharge Grievance, Employer Grievance or Union Grievance (collectively referred to as a "Grievance") is not settled to the satisfaction of the Employee or the parties hereto through the applicable procedures set out in Articles 8, 9 and 10 hereof, then such Grievance may be referred to arbitration and the following provisions shall apply:

(a) the request for arbitration shall be in writing addressed to the other party to the Grievance (the "Notice of Arbitration");

(b) the Grievance shall be referred to a sole arbitrator. If the parties are not able to agree upon such sole arbitrator within ten (10) business days of the Notice of Arbitration then the Minister of Labour for the Province of Ontario will be requested to appoint an arbitrator. Notwithstanding the foregoing, either party may request a board of arbitration to consist of a nominee of each party appointed within ten (10) business days of the Notice of Arbitration and a Chairman to be appointed by the appointed nominees of the parties (the "Board of Arbitration");

( c) each of the parties to the Grievance will bear the expenses of their respective nominees to the Board of Arbitration and of their respective witnesses and the parties agree to jointly bear the expenses, if any of the Chairman or the sole arbitrator;

( d) no person may be appointed as sole arbitrator or to the Board of Arbitration who has been directly involved in any attempt to negotiate or settle the Grievance which is the subject of such arbitration;

(e) the sole arbitrator or Board of Arbitration shall determine the time and place of such arbitration and notify each of the parties of same in writing;

11.04 The Board of Arbitration shall have authority only to settle disputes in accordance with the tem1s of this Agreement and may only be interpreted and applied to this Agreement in accordance with the facts of the grievance(s) involved.

11.05 The sole arbitrator or Board of Arbitration, as the case may be shall have no power to alter, add to, subtract from, modify or amend this Agreement or to render any decision inconsistent with it. For Grievances before a Board of Arbitration , the decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.

11.06 The decision of the sole arbitrator or Board of Arbitration, as the case may be, shall be final and binding upon the parties to the Grievance.

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11.07 During the grievance or arbitration processes, the parties hereto may have the assistance of the employee or employees concerned as a witness, and all reasonable arrangements will be made to permit the sole arbitrator or Board of Arbitration, as the case may be, to have access to any part of the Seaway Mall to view any working conditions which may be relevant to the settlement or disposition of the Grievance at a reasonable time so as not to interfere with the function of the Seaway Mall.

Article 12 - SENIORITY

12.01 A newly hired employee (the "Probationary Employee") shall be subject to a Probationary Period and such Probationary Employee may be discharged at the sole discretion of the Employer. Upon completion of the Probationary Period, the Employer shall recognize the employee's seniority effective from the original date of hire.

12.02 In selecting an employee for training or promotion (except to a position to which this Agreement does not apply), or in demoting an employee, the Employer shall consider the following two (2) factors in determining which employee shall be trained, promoted or demoted.

(a) the seniority of the employee in the department concerned, and

(b) the qualifications, experience and ability of the employee.

12.03 In the event that two (2) or more employees are being considered for such training or promotion have similar qualifications, experience and ability, then seniority shall be the determining factor.

12.04 Seniority shall be retained but not accumulated when an employee is absent from work under the following circumstances:

(a) for a period of up to twenty-four (24) months after all Sick Leave Days have been used; or

(b) when laid off for a period of up to twenty-four (24) months or a period equal to their Seniority at the time of lay off, whichever is the shorter period.

12.05 Seniority shall be lost and employment terminated under the following circumstances:

(a) resignation;

(b) discharged for just cause, and is not reinstated through the grievance or arbitration process;

( c) is absent from work due to lay off for a period more than twenty-four (24) months or a period equal to their Seniority at the time of lay off, whichever is the shorter period;

(d) absent because of an unpaid illness in excess of twenty-four (24) months;

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(e) fails to report for work upon expiration of a leave of absence, unless excused by the Employer; or

(f) absent from work without permission for three (3) consecutive working days, unless an explanation satisfactory to the Employer is given by the employee.

Article 13 - SENIORITY LISTS

13.01 The Employer shall supply the Union with a list of employees in January and July of each year, setting out the names of the employees in alphabetical order and their most recent date of hire.

Article 14 - JOB POSTING

14.01 In the event that new jobs are created or vacancies occur (the "Vacancy Position") in existing job classifications (unless the Employer notifies the Union in writing that it intends to postpone or not fill the Vacancy Position), the Employer will post notice of the Vacancy Position for a period of seven (7) days setting out the qualifications, classification, rate, and the department concerned providing the employees with seniority an opportunity to apply for such Vacancy Position prior to the advertising of such Vacancy Position to the general public.

14.02 Employees applying for such Vacancy Position shall be selected on the following basis:

(a) qualifications, experience and ability; and

(b) in the event that two or more employees with similar qualifications, experience and ability apply for such Vacancy Position, seniority shall be the determining factor.

14.03 In the event that the Vacancy Position is filled by an employee (the "Selected Employee"), the name of such Selected Employee shall be posted for seven (7) days.

14.04 The Selected Employee shall be placed in the Vacancy Position on a trial basis for a period of thirty (30) days (the "Trial Period"), during which time:

(a) the Selected Employee may elect to return to his or her former position if he or she determines that he or she is not suitable for the Vacancy Position; or ·

(b) the Employer may return the Selected Employee to his or her former position if it determines that he or she is not suitable for the Vacancy Position.

14.05 Upon the happening of either the events set out in Sections 14.04(a) or 14.04(b) above, the employee will return to his or her former position and rate of pay without loss of seniority. Any other employee promoted or transferred as a result of the filling of the Vacancy Position by the selected employee shall also be returned to his or her former position and rate of pay without loss of seniority.

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14.06 No employee may apply for a Vacancy Position during the six (6) months immediately following the return of that employee to his or her former position under Sections 14.04(a) or 14.04(b).

14.07 Until such time as a Selected Employee is selected to fill the Vacancy Position, the Employer may fill such Vacancy Position on a temporary basis as it deems necessary from time to time.

14.08 In the event that the Employer does not receive an application from an employee who has the qualifications, experience and ability to perform the required duties of the Vacancy Position by 10:00 a.m. on the seventh day following the posting of the Vacancy Position in accordance with Section 14.01, the Employer may hire from the general public to fill the Vacancy Position.

Article 15 - BULLETIN BOARD

15.01 The Employer agrees to supply and make available to the Union for the posting of seniority lists and Union notices one (I) bulletin board in such place so as to inform the employees of the activities of the Union. It is agreed that no notice will be posted on the bulletin board without the prior approval of the Maintenance Supervisor.

Article 16 - LEAVE OF ABSENCES

16.01 The General Manager may grant or refuse a request for leave of absence to an employee without pay for extenuating personal reasons ("Personal Leave(s)") provided that the General Manager has received at least one (1) month's notice in writing, circumstances permitting, and that such Personal Leave may be arranged without undue inconvenience to the normal operations of the Seaway Mall. Employees, when applying, must indicate a proposed date of departure and specify the date of return.

16.02 The Employer shall grant a leave of absence to employees to attend Union conventions, seminars, education classes or other business of the Union ("Union Leave(s )"). The Union agrees that in making such request for a Union Leave that it not unduly affect the proper operation of the Seaway Mall.

16.03 A Union Leave will be granted by the Employer m accordance with the following conditions:

(a) that a Union Leave will not be requested for more than two (2) employees in any calendar year, and no more than one (1) employee at any given time;

(b) that no employee will be granted more than two (2) Union Leaves in any calendar year;

(c) that no employee will be granted a Union Leave for more than seven (7) consecutive days;

( d) that a Union Leave will not be requested for more than one ( 1) employee at any one time; and

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(e) that accumulative Union Leave under this Article will not exceed fourteen (14) days in any calendar year.

16.04 Employees on Union Leave will be paid by the Employer who will be reimbursed by the Union for the amount paid to the employees including benefits.

16.05 For such Union Leave, the Union must give twenty-one (21) days notice prior written notice to the Employer.

16.06 The Employer shall grant a leave of absence ("Bereavement Leave") to an employee in the event of a death of a member of the employee's immediate family for a period not exceeding three (3) days without loss of the employee's regular straight time earnings for attending the funeral and making the necessary arrangements. The immediate family referred to in this Article shall be deemed to mean and include spouse, parent, guardian, stepparent, child, brother, sister, grandchild, and common-law spouse. For the purpose of this clause, Bereavement Leave shall commence no earlier than the date of death and shall conclude no later than the day of the funeral. The payment of wages will not be made for any day the employee was not scheduled to work. The employee shall be granted Bereavement Leave of up to five ( 5) days without loss of the employee's regular straight time earnings for attending the funeral and making the necessary arrangements if the funeral is held outside the Province of Ontario.

16.07 Further, if an employee is unable, due to distance of travel, to attend the funeral of a member of their immediate family, the employee shall be entitled to one (1) day of Bereavement Leave on the date of the funeral, without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day.

16.08 Bereavement Leave of one (1) day without loss of regular straight time earnings will also be granted to an employee to attend the funeral of a grandparent, mother-in-law or father­in-law, brother-in-law or sister-in-law, aunt, uncle, niece, nephew or cousin.

16.09 Where it is necessary because of distance, the employee may be provided additional days of unpaid leave by mutual agreement.

16.10 The Employer may request proof from the employee to support a Bereavement Leave including documentation confirming the death of the family member, the date of the funeral or travel arrangements.

16.11 When an employee is required to serve as a juror ("Jury Duty") or called for jury selection, the Employer shall be responsible for the payment of the difference between the employee's regular straight time earnings the employee would have received while on Jury Duty or participating in jury selection and the amount received for such Jury Duty. The employee shall present to the Employer proof of service as a juror and the amount of pay received for such service.

16.12 The employee is required to give notice in writing to the Employer as soon as possible of selection for Jury Duty.

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16.13 On January 1st of each year, the Employer shall grant to each employee, who has completed the Probationary Period, ten (10) days of paid time off at the employee's regular straight time earnings for a regular shift ("Sick Leave Days"). Sick Leave Days shall be used for sole purpose of protecting an employee against loss of income due to non-workplace sickness or accident and shall be granted to employees on the following terms and conditions:

(a) Absence for injury compensable under the Workers' Compensation Act shall not be deducted from the employee's Sick Leave Day entitlement.

(b) Unused Sick Leave Days do not carry over from year to year and are not paid out upon the end of the employee's employment for any reason. The sick leave days allocated on January 1st of each year are the total sick days available to the employee for the calendar year. Employees who complete their Probationary Period after January 1st shall be allocated Sick Leave Days for that year on a pro­rata basis.

(c) For the fourth (4th) and succeeding illness in any calendar year, an employee shall not be permitted to use a Sick Leave Day for for the first day of the illness.

( d) An employee shall be required to produce proof of illness in the form of a medical certificate for any absence of three (3) days or more in duration and where the Employer has reason to believe that the absenteeism is not due to illness. Notwithstanding the foregoing, the Employer may require proof of illness by medical certificate for any absence. The Employer shall reimburse for the costs incurred for securing said medical certificate.

Article 17 - LAY-OFF AND RECALL

17.01 In the event that the Employer deems it necessary to lay-off an employee due to a shortage of work, the Employer shall provide the employee with ten (10) day's notice in writing (the "lay-off notice").

17.02 The Employer acknowledges and agrees that such lay-off notice shall be provided to employees in the reverse order of seniority, provided that the remaining employees are qualified and have the ability to perfom1 the available work. For greater certainty, the employee with the least amount of seniority shall receive a lay-off notice first. The Employer agrees that the recall of employees who have received a lay-off notice shall occur in order of seniority. For greater certainty, the employee with the most amount of seniority will be recalled first.

17.03 The Employer shall not hire new employees until such time as those employees who have received a lay-off notice are recalled; provided however, that the employee is entitled to be recalled.

17.04 The Employer acknowledges and agrees that employees who have received a lay-off notice shall be entitled to continued coverage under the Ontario Health Insurance Plan ("O.H.I.P.") for a period of three (3) months from the date ofreceipt of the lay-off notice. In the event that the lay-off exceeds a period of three (3) months, employees who have

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received a lay-off notice shall have the right to continue their coverage under the O.H.I.P. by making direct payments.

Article 18 - CONTRACTING OUT

18.01 The Employer agrees that it will not contract out work which will result in the lay-off of employees without first providing the Union and the employees with six (6) months' written notice of its intention to contract out such work. The Employer also agrees, that at the Union's written request, the Employer shall meet with the Union to discuss the reason for the contracting out and the nature of the work involved.

Article 19 - HEAL TH AND SAFETY

19.01 The Employer and the Union recognize the benefits to be derived from a safe and healthy place of employment. It is agreed that the Employer, the employees and the Union will cooperate fully to promote safe work practices, health conditions and the enforcement of safety rules and procedures and shall meet once every three (3) months at a mutually convenient time.

19.02 The Employer agrees to appoint one (1) representative and the Union agrees to appoint one (1) employee who, together, will constitute the Health and Safety Committee.

19.03 The function of the Health and Safety Committee shall be to advise the Employer as to the promotion of accident prevention, the enforcement of the safety rules and regulation, the use of safety equipment and other related matters.

Article 20 - HOURS OF WORK

20.01 The standard work week for employees shall consist of forty (40) hours per week ("regular work week") divided into shifts of eight (8) hours each ("regular shift"). Notwithstanding the foregoing, it is mutually understood and agreed that the statement of the standard work week herein is not a guarantee that work will be provided.

20.02 The Maintenance Supervisor shall endeavour to provide each employee with a minimum of one ( 1) weekend off for every four ( 4) week period and to have the regular work week consist of five (5) consecutive days.

20.03 The Employer agrees to grant each employee five (5) minutes at the end of each regular shift to wash up.

20.04 The parties hereto acknowledge and agree that in order to ensure the efficient operation of the Seaway Mall, starting time for employees who are scheduled to work Sundays shall be flexible.

20.05 Employees who report to work for any shift for which they are scheduled will be guaranteed at least four ( 4) hours of work or if no work is available will be paid for at least four ( 4) hours. This shall not apply in the case of a labour dispute or conditions beyond the control of the Employer.

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20.06 An employee who has departed from the premises of the Seaway Mall after completion of his or her regular shift and who is recalled for work shall be paid for a minimum of four ( 4) hours pay at his or her regular basic hourly rate or the actual hours worked at the rate of one and one-half (1 V2) times his or her regular basic hourly rate, whichever is greater.

Article 21 - OVERTIME

21.01 The hours an employee works beyond their regular shift or an aggregate of eighty (80) hours in a bi-weekly period ("overtime"), shall be paid at the rate of one and one-half (1 Yi) times his or her regular basic hourly rate ("overtime rate"). There shall be no pyramiding of overtime hours.

21.02 All employees who are required to work more than three (3) hours of overtime shall receive a one-half (Yi) hour paid meal period.

21.03 Where an employee has worked and accumulated overtime such employee shall have the option of electing payment at the applicable overtime rate or time off with pay equal to one and one-half (1 Yi) hours of straight time pay for each hour of overtime worked, to be taken at a mutually agreeable time.

Article 22 - PAID HOLIDAYS

22.01 In addition to the two (2) float days (the "Float Holidays"), the Employer agrees to provide the employees with each of the following holidays (the "Holiday") with pay as set out below:

New Year's Day Good Friday Easter Sunday Victoria Day Canada Day Family Day

provided that:

(a)

Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day

(b) the employee worked his or her last regular shift preceding the Holiday and worked his or her first regular shift after the Holiday unless excused in writing by the Maintenance Supervisor;

( c) any employee who is required to work on a Holiday (except the Float Holidays) may elect to either receive (i) pay equal to two and one-half (2Yi) times their regular straight time rate for all hours worked that day, or (ii) pay equal to their straight time rate for all hours worked that day plus one (1) substitute day off with pay equal to a regular shift at his or her regular rate within thirty (30) days at a mutually agreed time, provided that the employee notifies the Maintenance

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Supervisor four (4) weeks in advance of the Holiday that they wish to take a substitute day off; and

(d) the parties agree that each of the employees will provide to the Maintenance Supervisor for approval one (1) month's notice of the date that they wish to take as a Float Holiday which approval shall not be unreasonably withheld.

Article 23 - LUNCH AND REST PERIODS

23.01 Employees shall be entitled to receive a thirty ( 30) minute lunch period without pay in each regular shift.

23.02 Employees shall be entitled to receive a rest period or periods with pay totalling thirty (30) minutes in each regular shift. Such rest period or periods shall be taken at a time or times as mutually agreed between the Maintenance Supervisor and the employee.

23.03 The Employer will provide a lunch room for the use of employees.

Article 24 - UNIFORMS

24.01 The Employer shall supply each employee with sufficient uniforms including an allowance of one hundred ($100.00) dollars per year for shoes upon written request from the employee.

Article 25 - VACATIONS WITH PAY

25.01 All employees shall be entitled to receive vacation time and vacation pay based on seniority as of the anniversary date of the employee's commencement of employment in each and every year in accordance with the following:

(a) an employee with less than one (1) year of seniority shall receive one (1) day of vacation for each completed month of service, to a maximum of ten (10) days, with vacation pay equivalent to four (4%) percent of his or her gross earnings;

(b) an employee with one (1) or more years but less than four (4) years seniority shall receive two (2) weeks of vacation with vacation pay equivalent to four percent (4%) of his or her gross earnings for the preceding year;

(c) an employee with four (4) or more years but less than ten (10) years of seniority shall receive three (3) weeks of vacation with vacation pay equivalent to six ( 6%) percent of his or her gross earnings for the preceding year;

( d) an employee with ten (10) or more years but less than fifteen (15) years of seniority shall receive four (4) weeks of vacation with vacation pay equivalent to eight (8%) percent of his or her gross earnings for the preceding year;

( e) an employee with fifteen (15) or more years but less than twenty (2) years of seniority shall receive five (5) weeks of vacation with vacation at pay equivalent to ten ( 10%) percent of his or her gross earnings for the preceding year; and

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(f) an employee with twenty (20) or more years of seniority shall receive six (6) weeks of vacation with vacation pay equivalent to twelve ( 12%) percent of his or her gross earnings for the preceding year.

25.02 Vacations are not cumulative from year to year and all vacations must be taken by December 31 of each year. Notwithstanding the foregoing, the Employer agrees that each employee shall be allowed to carry over one (1) week vacation until the 30th day of January of the following year. It expressly acknowledged and agreed that employees shall be prohibited from waiving their vacation entitlement and drawing double pay.

25.03 Vacation pay in respect of vacation time taken shall be paid no later than the pay period during which that vacation time is taken.

25.04 In determining the preference of employees for vacation time, it is agreed that seniority shall be the determining factor for the initial two (2) weeks of an employee's entitlement. After all employees have selected their first two (2) weeks, the process will start over again. The process will continue in two (2) week increments until all vacation requests have been accommodated.

Article 26 - HEALTH AND INSURANCE BENEFITS

26.01 The Employer agrees to pay one hundred (100%) percent of the billed rate or premium cost for such health insurance plan (the "Benefit Plan") for each employee who has completed the probationary period and agrees to provide the following coverage:

(a) Dental Plan Comprehensive Basic- 100% Major Restorative - 50% Deductible - $25.00/year, single I $50.00/year, family

All dental plan claims are to be paid at one hundred ( 100%) percent of the current Ontario Dental Association fee schedule after deductible has been satisfied, effective October 1, 1994.

(b) Extended Health Care Plan;

(c) Life Insurance one (1) times the Employee's annual salary; and

(d) Vision Care of up to three hundred ($300.00) dollars every two (2) years. Coverage shall include laser eye treatment.

26.02 In the case of absence for illness or disability, the Employer shall continue to pay applicable billed rate or premium costs of the Benefit Plan for such employee for a maximum of six (6) months from commencement of the employee's absence or disability.

26.03 The Employer shall continue to pay the applicable billed rate or premium costs of the Benefit Plan for employees who have received a lay-off notice for such period of time as the employee retains his or her seniority in accordance with Article 12 hereof.

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26.04 An employee receiving payment for a compensable injury under the Workplace Safety and Insurance Act shall continue to accumulate seniority. An employee who is no longer deemed to have a compensable injury shall be placed in his or her equivalent position with the Employer.

26.05 The Employer may at any time substitute another carrier for the Benefit Plan (other than O.H.I.P.) provided that the benefits provided thereby are substantially the same.

26.06 The Employer, through the Benefit Plan, agrees to provide employees with long term disability ("LTD") coverage that provides benefits equal to the sum of 66. 7% of the employee's monthly earnings to a maximum of five thousand ($5,000.00) dollars per month for employees who are disabled in accordance with the definition contained in the Employer's Benefit Plan, provided, however, that such employee has first exhausted their Sick Leave Days. The billed rate or premium costs for LTD coverage pursuant to the Benefit Plan shall be at the sole cost and expense of the Employer.

26.07 LTD benefits shall commence after four ( 4) months of disability in accordance with the definition contained in the Employer's Benefit Plan; is off-set by benefits payable under the Canada Pension Plan, if eligible; covers pre-existing conditions, and provides for two (2) years coverage for own occupation. There are no limitations for disabilities as a result of:

(a) Mental Disorders (b) Nervous Disorders (c) Drug Addiction ( d) Alcohol Addiction

26.08 LTD benefits may continue until the employee reaches the age of 65. The maximum LTD benefits which an Employee may receive without providing medical evidence is four thousand ($4,000.00) dollars.

26.10 Any Employee who has been employed with the Employer for 10 years or longer and who retires on or after turning 60 years of age, will have employer paid benefits from the date of retirement until the age of 65. The benefits will have the following changes in comparison to the benefits prior to retirement:

(i) Single Coverage for Health and Dental;

(ii) Life Insurance and Accidental Death & Dismemberment to a maximum of $10,000.00;

(iii) No Disability Insurance;

(iv) No Out of Country Insurance.

Article 27 - PAY DAYS

27.01 The Employer agrees that wages will be paid bi-weekly on Thursday, in arrears, during working hours. The normal pay period shall be Sunday to Saturday inclusive.

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Article 28 - TEMPORARY TRANSFERS

28.01 If an employee is temporarily transferred to a higher rated job group for one regular shift or more, he or she shall receive the next highest rate for the new job group for the time so transferred.

Article 29 - INTERPRETATION

29.01 Except where otherwise specified in this Agreement, the reference to a number of days shall refer to calendar days.

Article 30 - RENEW AL, AMENDMENT AND TERMINATION

30.01 This Agreement shall be effective from August 4, 2013, and shall continue in effect until August 3, 2018, and shall continue automatically thereafter during annual period of one (1) year each, unless either party notifies the other in writing, within ninety (90) days prior to the expiration date, that it desires to amend or terminate this Agreement.

30.02 In the event of such notification being given as to amendment of the Agreement, negotiations between the parties shall begin within fifteen (15) days following such notification.

30.03 If, pursuant to such negotiations, an agreement on the renewal or amendment of this Agreement is not reached prior to the current expiration date, this Agreement shall automatically be extended until consummation of a new Agreement, or completion of the proceedings prescribed under the Labour Relations Act, 1995 of the Province of Ontario, whichever should first occur.

IN WITNESS WHEREOF the parties hereto have hereunto caused this Agreement to be executed by their duly authorized representatives as of the date first written above.

SIGNED, SEALED and DELIVERED - in the presence of-

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) ) Doral Holdings Limited

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Service Employees International Union, Local 2 BGPWU

Per:

Ted Mansell, SeF\tary-Treasurer

riri~l ·r~ Mike Poirier, Steward

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SCHEDULE" A"

HOURLY WAGE RA TES AND JOB CLASSIFICATIONS

WAGE SCHEDULE

start after lyr after 2yrs after 3yrs after 4yrs

Effective: Aug4, 2013 $15.00 $16.00 $17.00 $19.00 $21.00

Aug4, 2014 $15.40 $16.40 $17.40 $18.40 $21.40

Aug4, 2015 $15.80 $16.80 $17.80 $18.80 $21.80

Aug4, 2016 $16.25 $17.25 $18.25 $19.25 $22.25

Aug4, 2017 $16.70 $17.70 $18.70 $19.70 $22.70

A forty ($0.40) cents per hour premium for midnight shift (11 :00 p.m. to 7:00 a.m.), effective August 4, 2013.

The retirement savings plan will be continued as follows:

Year 1

Year2

Year 3

Year4

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The employer will contribute nine hundred and twenty-five ($925.00) dollars per employee, and each employee will contribute nine hundred and twenty-five ($925.00) dollars.

The employer will contribute nine hundred and thirty-five ($935.00) dollars per employee, and each employee will contribute nine hundred and thirty-five ($935.00) dollars.

The employer will contribute nine hundred and fourty-five ($945.00) dollars per employee, and each employee will contribute nine hundred and forty-five ($945.00) dollars.

The employer will contribute nine hundred and fifty ($950.00) dollars per employee, and each employee will contribute nine hundred and fifty ($950.00) dollars.

Year 5

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The employer will contribute one thousand ($1,000.00) dollars per employee, and each employee will contribute one thousand ($1000.00) dollars.