COLLECTIVE AGREEMENT

BETWEEN

THE WOODBINE ENTERTAINMENT GROUP

AND

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 2, BGPWU

(START GATE)

EFFECTIVE: February 4, 2016

EXPIRY: December 31, 2018

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ARTICLE 1 ARTICLE2 ARTICLE 3 ARTICLE4 ARTICLE 5 ARTICLE6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE20 ARTICLE 21 ARTICLE22 ARTICLE23 ARTICLE24 ARTICLE 25 ARTICLE26 ARTICLE27 ARTICLE28 ARTICLE29 ARTICLE30 ARTICLE 31 ARTICLE32 ARTICLE 33 ARTICLE34 ARTICLE 35 ARTICLE 36

STARTING GATE - COLLECTIVE AGREEMENT

TABLE OF CONTENTS

PURPOSE ................................................................................................... 4 EMPLOYEES COVERED ......................................................................... 4 RECOGNITION ......................................................................................... 4 UNION MEMBERSHIP AND CHECK-OFF ............................................ 5 DUTIES ...................................................................................................... 6 INSURANCE, MEDICAL, PENSION AND SICK DAYS ....................... 6 VACATION PAY ..................................................................................... 10 PUBLIC HOLIDAYS ............................................................................... 11 NO STRIKES OR LOCK-OUTS ............................................................. 11 GOVERNMENTAL REGULA TIO NS .................................................... 11 NOTICES .................................................................................................. 11 RULES AND REGULATIONS ............................................................... 12 PARTIES BOUND ................................................................................... 12 BEREAVEMENT PAY ............................................................................ 12 PARKING ................................................................................................. 12 JOB FUNCTIONS AND CLASSIFICATIONS ....................................... 12 LABOUR-MANAGEMENT COMMITTEE ........................................... 13 THE HUMAN RIGHTS CODE (ONTARIO) .......................................... 13 MANAGEMENT RIGHTS ...................................................................... 13 EMPLOYMENT ....................................................................................... 13 GRIEVANCE PROCEDURE ................................................................... 14 EMPLOYER'S GRIEVANCE .................................................................. 17 SENIORITY ............................................................................................. 18 LOSS OF SENIORITY ............................................................................. 18 LEA VE OF ABSENCE ............................................................................ 19 LAYOFF AND RECALL ......................................................................... 19 DISCHARGE AND DISCIPLINE .......................................................... 20 WAGES .................................................................................................... 20 TRAVEL ALLOWANCE ........................................................................ 22 OCCUPATIONAL HEALTH AND SAFETY ......................................... 22 HOURS OF WORK .................................................................................. 22 JURY DUTY AND COURT APPEARANCES ....................................... 22 ARTICLES OF DRESS ............................................................................ 22 NEGOTIATIONS ..................................................................................... 23 MEAL OPTIONS ..................................................................................... 23 TERMINATION ....................................................................................... 23

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SCHEDULE "A" - CHECK-OFF ......................................................................................... 24 SCHEDULE "B" - CHECK-OFF ......................................................................................... 25 SCHEDULE "C" - HOURLY WAGES ............................................................................... 26 SCHEDULE "D" - SENIORITY LIST ................................................................................ 27 SCHEDULE "E" - REGULAR PERMIT EMPLOYEE LIST ............................................ 28 LETTER OF UNDERSTANDING #1 RE: NEW PARTNER/OPERATOR .................. 29 LETTER OF UNDERSTANDING #2 RE: Article 6- Insurance, Medical, Pension and Sick Days ........................................................................................................................................ 31

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THIS AGREEMENT dated as of the \\J\11 day of j01'\JL , 2016.

BETWEEN:

WOODBINE ENTERTAINMENT GROUP, a without share capital corporation incorporated under the lavvs of the Province of Ontario and having its head office in the Municipality of the City of Toronto

(hereinafter called the "Employer")

OF THE FIRST PART -and-

SERVICE EMPLOYEES INTERNATIONAL UNION Local 2, BGPWU START GATE

(hereinafter called the "Union")

OF THE SECOND PART

ARTICLE 1 - PURPOSE

The purpose of this Agreement is to establish and maintain mutually satisfactory relations between the Employer and the employees to whom this Agreement is applicable, and to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain suitable conditions of employment including rate of pay and hours of work for the employees.

ARTICLE 2 - EMPLOYEES COVERED

This Agreement shall apply to all Seniority List Starting Gate Crew and to Permit Starting Gate Crew, if any, (hereinafter collectively refened to as the "employees"), employed by the Employer at any racetrack situated in the Province of Ontario and owned, leased or operated by the Employer at any time during its Thoroughbred race meeting or race meetings conducted during the term of this Agreement. The Employer does not guarantee employment for any period. It is expressly understood that the categories of Starter, Assistant Starter, Flag Person, Maintenance Person and Tractor Driver are excluded from the Bargaining Unit and the term "employees" as hereinafter used shall exclude employees in such categories.

ARTICLE 3 - RECOGNITION

The Employer recognizes the Union as the exclusive Bargaining Agent for the employees with respect to the terms and conditions of employment including wages, hours of work and rates of pay.

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ARTICLE 4 - UNION MEMBERSHIP AND CHECK-OFF

4.01 Membership and Pem1its

It is agreed between the parties hereto that the Employer shall only allocate employment to persons who:

(a) are members in good standing of the Union at the time that employment is being allocated; or,

(b) have agreed to purchase from the Union a working permit for the day on which employment is being allocated as evidenced by the execution and delivery to the Employer of an authorization for deduction of working pe1mit fees in accordance with paragraph (b) of this Article; or,

( c) have signed and delivered to the Employer an authorization for the deduction of working permit fees in accordance with paragraph (b) of this Article and have paid to the Union in the current calendar year through the purchase of working permits an amount equal to the Union dues paid by Union members in respect of the then cunent calendar year, and on the person's ninety-first (91") working day have tendered to the Union an amount equal to the initiation fees payable by all members of the Union in that calendar year and have signed and delivered to the Union an authorization for dues deduction in accordance with paragraph 4.02 of this Article; provided, however, that such persons shall not be required to pay the said amount equal to initiation fees more than once unless they are removed from seniority in any calendar year subsequent to the year in which they first tendered to the Union an amount equal to the said initiation fees, in which case they shall again tender to the Union an amount equal to the initiation fees payable by members of the Union in that subsequent calendar year.

It is fmther understood and agreed that the cost of a working pe1mit shall not be less than two dollars ($2.00) per day.

Notwithstanding anything contained in this Alticle, the Employer shall not be prevented from allocating employment to any person because the Union has denied him membership or terminated his membership in the Union or because the Union has refused to issue a working permit to him unless such person has refused to tender initiation fees, non-discriminatory assessments or dues or to pay for such working permit.

The Union agrees, that at all times during the life of this Agreement, it will keep the

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Employer supplied with up-to-date lists of its members and of those persons who have complied with clauses (ii) and (iii) of paragraph (a).

4.02 Check-Off

The Employer agrees, during the life of this Agreement to the extent authorized in writing by each employee individually but not othe1wise, to deduct from the wages payable to each such employee whatever sum may be authorized on account of working permit fees, union dues, or amounts equal thereof, but not less than thirty dollars ($30.00) at any time (except in the case of working pe1mit fees), provided there are funds in the hands of the Employer available to the employee therefor, and subject to the order of any court or competent jurisdiction prohibiting such deduction; such sums shall be fo1warded to the Treasurer of the Union within thirty (30) days after such deduction has been made by the Employer, except in the case of working pe1mit fees which shall be forwarded to the Treasurer of the Union on a monthly basis. The authorization shall be in the form of the blank authorization attached hereto as Schedule "A" or "B'', shall be irrevocable, and shall be in duplicate and duly witnessed. The authorization shall take effect forthwith upon receipt thereof by the Employer; provided, however, that the Employer shall not be required to make any such deduction from the wages for which the deduction is to be made unless it has received one of the said authorizations, together with written notice from the Union stipulating the amount of the Union dues or amounts equal thereof to be deducted and the pay period, at least seven (7) days prior to the last day of the pay period from the wages for which the deduction is to be made. The Employer shall, when remitting Union dues, amounts equal thereto, or working permit fees, name the employees from whose wages such deductions have been made.

The Union shall indemnify and hold the Employer haimless from any claims, suits, judgements, attachments and from any other form of liability arising as a result of such deductions made in accordance with the provisions of this Article.

ARTICLE 5 - DUTIES

Starting Gate employees shall perf01m only such duties as may be required in the conduct and operation of the Starting Gate except in the case of emergency.

If there is a dispute as to the existence of an emergency, the employees shall perform the duties designated by the Employer but may take the matter up through the Grievance Procedure.

ARTICLE 6 - INSURANCE, MEDICAL, PENSION AND SICK DAYS

6.01 (a) The employer agrees to make, on behalf of all eligible Full-time employees on the Seniority List, monthly contributions to the Health & Welfare Trust, as managed by the Union, for the following benefit programs:

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April 1, 2016 April 1, 2017 April 1, 2018 Sin2le $106.01 $110.25 $114.66 Family $273.87 $284.83 $296.22

(b) A Weekly Indemnity Plan which provides a taxable benefit of sixty-six and two-thirds percent (66 2/3%) of the Seniority List employee's pre-disability Normal Weekly Wages up to the maximum sickness benefit under the Employment Insurance (EI) Act from the first (1'1) day of accident or hospitalization and the eighth (8'") day of illness, for a maximum period of twenty-six (26) consecutive weeks.

"Normal Weekly Wages" as used in Article 6.01 (b) shall mean the Seniority List employee's average weekly earnings, excluding premiums, overtime and vacation pay, for the four (4) full consecutive weeks of earnings preceding the week in which the illness/injury commenced.

(c) A Long Term Disability Plan which provides a taxable benefit of sixty-six and two­thirds percent (66 2/3%) of the Seniority List employee's pre-disability Normal Monthly Wages, up to a maximum of three thousand dollars ($3,000.00) with an elimination period of twenty-six (26) weeks. The benefit will be payable to the earlier of age sixty-five (65) or the date he ceases to be disabled, provided he is unable to perform the essential duties of his classification for which he is employed by the Employer for a period of two (2) years and following this is unable to perfo1m any occupation.

"Normal Monthly Wages" as used in Article 6.01 (c) shall mean the Seniority List employee's average weekly earnings, excluding premiums, overtime and vacation pay for the thirteen (13) weeks of earnings prior to the last day worked and multiplied by fifty-two (52) weeks and divided by twelve (12) months.

6.02 An employee who has initiated a Weekly Indemnity claim which relates to an occupational injury or disablement that occmTed out of and in the course of his employment may request to receive the equivalent of seventy-five percent (75%) of his Normal Weekly Wages, as described in Article 6.01 (b), directly from the Employer providing he signs a waiver f01m assigning his benefit to the Employer. Where it is determined that the injury or disablement is not occupational as defined above, the claim is denied, or the Employer makes an overpayment to the employee, the employee must reimburse the Employer the full amount of the overpayment.

6.03 The Employer will continue to pay its portion of all insured benefits for Seniority List employees on the following basis:

(a) In the event of a temporary seasonal layoff- for the period of the temporary seasonal layoff.

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(b) In the event of injury at work - for a period of one (1) year from the date last worked or to the date he ceases to be disabled, whichever is earlier.

(c) In the event of illness or non-work related injury-for a period of six (6) months from the date last worked or to the date he ceases to be disabled, whichever is earlier. Effective the Date of Ratification, an employee who continues to be disabled beyond the period of six (6) months and is approved for and remains on Long Term Disability benefits as outlined in Article 6.01 (c), will continue to be enrolled in all insured benefits for an additional six (6) months or to the date he ceases to be disabled, whichever is earlier.

6.04 Common-Law spouse, for purposes of this Article 6, shall be defined as including a man and a woman who, while not having gone through a traditional form of marriage to each other, have cohabited continuously for a period of not less than one ( 1) year or are the natural parents of a child born of their relationship and who have cohabited within the preceding year. Same-sex pmtner for purposes of this A1ticle 6, shall be defined as either of two (2) persons of the same sex who have lived together in a conjugal relationship outside marriage for a period of not less than one (1) year.

6.05 Seniority List employees who take early retirement at age fifty-five (55) or thereafter and receive their pension shall be provided with a continuation of the benefits as listed in A1ticle 6.01 (a) and A1ticle 6.01 (b) until age sixty-five (65) or death, whichever occurs first. In the event the early retiree dies while in receipt of these benefits, the benefits will be provided to any covered family members of the retiree for a one (1) year period following the date of death.

6.06 The Employer agrees to make the applicable premium payments for the insurance plans listed in Article 6.01 (a) for a period of one ( 1) year from the date of death on behalf of any covered family members of an employee on the Seniority List who dies during the term of operation of this Agreement.

6.07 The Employer and the Union agree that the contributions by employees and by the Employer to the Thoroughbred pari-mutuel employee's pension plan Number 10593 with The Standard Life Assurance Company will be frozen as of May 2, 1981.

6.08 The Employer and the Union have jointly agreed to provide a Pension Plan (hereinafter called the "pension contract") for all Starting Gate employees appearing on the Seniority List. The terms thereof shall provide for compulsory participation by all such employees. The terms of such pension contract shall also provide for an employee contribution of five percent (5%) of gross wages to be matched by the Employer.

6.09 It is expressly understood and agreed that ifthe Employer is required, pursuant to

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statutory and/or regulatory provisions not in force at the date hereof, to contribute to the cost of benefits of the kind referred to in this A1iicle 6, then such contributions shall be in lieu of some, part or all, as the case may be, of the contributions required to be made hereunder.

6.10 Seniority List employees with a minimum two (2) years seniority shall accumulate sick credits at the rate of six (6) hours per month provided the employee is actively at work at anytime during the month. Employees who are absent from work due to illness may utilize their accumulated sick credits. A medical certificate verifying the illness may be requested at any time.

6.11 The Employer agrees to make, on behalf of all eligible non seniority employees, all premium payments for an Occupational Disability Benefit Plan subject to the te1ms and conditions of the policies. The Plan shall provide the following:

(a) A taxable Occupational Weekly Indemnity benefit of seventy-five percent (75%) of an employee's pre-disability Normal Weekly Wages up to the maximum sickness benefit under the Employment Insurance (EI) Act, from the first (I '1

) day of accident or hospitalization and the eighth (8111) day of illness

for a maximum period of twenty-six (26) consecutive weeks, providing the employee's injury or disablement occurred out of and in the course of his employment and the employee is unable to perform the essential duties of the classification for which he is employed by the Employer.

"Normal Weekly Wages" for the purpose of A1iicle 6.11 (a) shall mean the non seniority employee's average weekly earnings, excluding premiums, overtime and vacation pay for the four (4) full consecutive weeks of earnings preceding the week in which the injury commenced.

(b) In the event that the employee continues to be disabled beyond the twenty-six (26) weeks, a taxable Occupational Long Te1m Disability benefit of seventy­five percent (75%) of his pre-disability No1mal Monthly Earnings, up to a maximum of two thousand dollars ($2,000.00), to the earlier of age sixty-five (65) or the date he ceases to be disabled provided he is unable to perform the essential duties of the classification for which he is employed by the Employer for a period of two (2) years and following this is unable to perform any occupation.

"Normal Monthly Earnings" for the purpose of this Article 6.11 (b) shall mean the non-seniority employee's average weekly earnings, excluding premiums, ove1iime and vacation pay for the thirteen (13) weeks of earnings prior to the last day worked and multiplied by fifty-two (52) weeks and divided by twelve (12) months.

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( c) It is expressly understood and agreed that if the Employer is required, pursuant to statutory and/or regulatory provisions not in force at the date hereof, to provide and/or pmiicipate in a benefit of the kind referred to in this Article 6.11 ), then such benefit shall be in lieu of the benefit provided for in this Atiicle.

ARTICLE 7- VACATION PAY

7.01 (a)(i)

(ii)

Every employee shall have two (2) weeks' vacation with pay upon completion of twelve (12) months employment.

The amount of vacation pay to which an employee is entitled shall be:

with respect to employees having less than four (4) years continuous employment while on the Seniority List 4%

with respect to employees having four (4) or more but less than nine (9) years continuous employment while on the Seniority List 7%

with respect to employees having nine (9) or more but less than fomieen (14) years continuous employment while on the Seniority List 9%

with respect to employees having fourteen (14) or more but less than nineteen ( 19) years continuous employment while on the Seniority List 10%

with respect to employees having nineteen (19) or more years continuous employment while on the Seniority List 11 %

all other employees 4%

of the employee's total earnings from employment in the Stmiing Gate Crew of the Employer during the twelve (12) month period ending June 30.

(iii) The vacation pay to which each employee is entitled shall be paid not later than the conclusion of the pay week ending nearest July 15 following its being earned.

(iv) Vacation accrual rates for seniority purposes will be updated on January 1 of every year. This is the anniversary date of all Seniority List employees.

(b) For purposes of detennining the years of continuous employment while on the

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Seniority List accumulated by an employee, any part of the first (1st) year in which an employee was placed on the Seniority List shall be deemed to have been the first (1st) year of continuous employment while on the Seniority List.

( c) On termination of any nature, the employee will be paid the amount of vacation pay to which such employee is entitled under the provisions of this Article 7.

ARTICLE 8 - PUBLIC HOLIDAYS

8.01 The Employer hereby confirms that it will comply with all applicable provisions of the Employment Standards Act (Ontario) as amended from time to time and without limiting the generality of the foregoing, will comply with the provisions of Paii X thereof as amended from time to time. Provided that nothing contained in this Article 8 is intended to confer upon or shall be construed as conferring upon employees in the Bargaining Unit benefits other than those benefits to which such employees may be entitled from time to time under the terms and conditions of the Employment Standards Act (Ontario) as amended from time to time.

8.02 The following days shall be recognized as public holidays with pay: New Year's Day Labour Day Family Day Thanksgiving Day Good Friday Christmas Day Victoria Day Boxing Day Canada Day

ARTICLE 9 - NO STRIKES OR LOCK-OUTS

The Union agrees that during the life of this Agreement there will be no strike, picketing, slow-down or stoppage of work, either complete or partial, and the Employer agrees that there will be no lock-outs, either complete or partial.

ARTICLE 10 - GOVERNMENTAL REGULATIONS

It is understood and agreed, notwithstanding anything in this Agreement contained, that the employees shall be subject to the supervision of the Canadian Pari-Mutuel Agency as provided by the regulations made by the Minister of Agriculture pursuant to the Criminal Code (Canada) and subject to such provisions of the Racing Commission Act and regulations thereunder and the Rules of Racing of The Ontario Racing Commission as are applicable and any other relevant regulatory body.

ARTICLE 11- NOTICES

Whenever notice is required to be given hereunder, it shall be given to the parties hereto at their respective addresses by Registered Mail, electronic mail, facsimile or courier and in the event that notice is required to be given to any employee, it shall be given by Registered Mail

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or courier, addressed to such employee at his last known address appearing on the payroll records of the Employer.

ARTICLE 12 - RULES AND REGULATIONS

The Employer shall have the right, from time to time, to make such reasonable rules and regulations as it may deem necessary and advisable and all employees shall be obliged to comply with such rules and regulations. The Union shall be notified in advance of such rules and regulations and shall be given the oppo11unity to comment thereon prior to their posting.

ARTICLE 13-PARTIES BOUND

The provisions of this Agreement, and the rights and benefits provided herein, shall bind and enure to the benefit of the pmiies hereto and each and every member of the Union, and shall be binding upon the affiliated racing companies of the Employer and any successors, transferees or assigns of the Employer.

ARTICLE 14- BEREAVEMENT PAY

Whenever there is a death of a member of the immediate family of any employee (other than an employee who works for the Employer less than three (3) days in the week) while he is actively working for the Employer, the employee will, upon application and proof of death of a member of the immediate family, receive leave of absence with pay for three (3) working days, provided such employee arranges or attends the funeral and on condition that the time off is taken within thi1ty (30) days of the date of such death. Management may allow for an extension of this thhiy (30)-day period as long as an explanation satisfacto1y to the Employer is provided. The te1m "immediate family" shall, in this clause, mean the mother, father, brother, sister, spouse, children, grandparents, grandchildren, mother-in-law, father-in-law, son-in-law and daughter-in-law of such employee. Provided, further, where there is a death of the brother-in-law or the sister-in-law of the said employee, then such employee, will, upon the foregoing te1ms and conditions, receive leave of absence with pay for one (1) working day. For purposes of this Article 14, the term "spouse" shall be defined as including a man and a woman who, while not having gone through a traditional form of marriage to each other have cohabited continuously for a period of not less than one (I) year, or are the natural parents of a child born of their relationship and who have cohabited within the preceding year.

ARTICLE 15 - PARKING

The Employer agrees to provide parking facilities for persons employed in the Stmiing Gate Crew.

ARTICLE 16- JOB FUNCTIONS AND CLASSIFICATIONS

(a) Jobs shall consist of those functions currently being performed by employees in the classifications concerned. The Employer may direct that additional functions be

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performed on a regular basis, subject to A1iicle 5 hereof. The Employer will determine whether the respective additional function warrants a wage premium and will set the premium, if applicable.

(b) Any dispute as to whether a function is an additional function or any dispute as to the wage premium, if any, for such additional function, shall be arbitrable in accordance with A1iicle 21 hereof.

ARTICLE 17 - LABOUR-MANAGEMENT COMMITTEE

In order to promote good relations and improved communications between the Employer and its employees, it is agreed that a Labour-Management Committee will be formed, composed of two (2) representatives designated by the Employer and two (2) representatives designated by the Union. The Committee will meet on a regular basis to consider mutual problems and to help provide a sound and harmonious relationship between the Employer and the Union.

A Union Committee member attending a Labour-Management Committee meeting outside his regular working hours will be paid the equivalent of two (2) hours pay.

ARTICLE 18 -THE HUMAN RIGHTS CODE (ONTARIO)

The Employer and the Union agree not to discriminate against any person in accordance with the Human Rights Code (Ontario).

ARTICLE 19 - MANAGEMENT RIGHTS

The Union acknowledges that it is the sole and exclusive function and power of the Employer to supervise, manage and control the Employer's operations and, without limiting the generality of the foregoing, to hire any and all employees that may be needed from time to time, and to promote, demote, transfer, direct, classify, suspend, discipline, layoff and discharge employees; provided that a claim by an employee who has acquired seniority that he has been discharged or disciplined without just and sufficient cause may be dealt with under the Grievance Procedure provided for herein.

ARTICLE 20 - EMPLOYMENT

It is recognized by the Employer and by the Union that a person occupying a position on the Starting Gate Crew requires special mental and physical faculties and that the lack of such faculties creates a hazardous situation for all persons involved at the Stmiing Gate. Accordingly, it is understood and agreed that ifthe Employer is of the opinion that an employee lacks the special mental and physical faculties required by a person occupying a position on the Starting Gate Crew, then the employee shall submit to a physical examination at the expense of the Employer, by a doctor designated by the Employer, and the said employee shall receive a copy of the medical repo1i. If the employee disagrees with the decision of the doctor, the employee shall have the opp01iunity of submitting the results of the

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examination to the employee's family doctor at the expense of the employee. In the event of a disagreement between the family doctor of the employee and the doctor designated by the Employer, the opinion of a specialist agreed upon by the two (2) doctors in question shall be sought, and a decision of the specialist shall, subject as hereinafter provided, be accepted by all parties as final and binding. The expense of the specialist shall be paid by the Union.

In the event that the specialist decides that the employee does not lack the special mental and physical faculties required, and notwithstanding such decision, the Employer is still of the opinion that the employee lacks such mental and physical faculties then, notwithstanding anything herein contained, the Employer may move the employee to any other position in its Thoroughbred Racing Operations.

ARTICLE 21 - GRIEVANCE PROCEDURE

21.01 Both pai1ies agree that complaints will be adjusted as fairly and quickly as possible. Therefore, every attempt will be made to settle disputes during the first step of the Grievance Procedure. Investigation and settling of grievances may not be done during the regular hours as set fo11h in this Agreement except in case of emergency with the mutual consent of the Employer and the Union. No employee individually shall have the right to institute any action, Arbitration or proceedings under this Agreement. All such rights shall rest solely in the Union. A grievance with respect to discharge shall commence by invoking Step No. 2 and it shall not be necessary to invoke Step No. 1 therefor.

21.02 STEP No. 1: A complaint or grievance must be made in writing within five (5) days of the occurrence causing same, and it shall be taken up with the Supervisor by one ( 1) member designated by the Union (hereinafter called the "Steward"). If the complaint or grievance has not been settled within five (5) days from the date on which it was first brought to the attention of the Supervisor by the Steward, or within such longer period as the Supervisor and the Steward may agree on, then Step No. 2 may be invoked, provided that Step No. 2 to be invoked must be invoked within fifteen (15) days from the occmTence causing the complaint or grievance.

21.03 STEP No. 2: The Steward shall deliver to the Vice President, Thoroughbred Racing, a copy of a written grievance referred to under the heading Step No. 1. A grievance with respect to discharge shall be delivered to the Vice President, Thoroughbred Racing, within five (5) days from receipt of the discharge grieved. Within seven (7) days from receipt of the written grievance by the Vice President, Thoroughbred Racing, or within such longer period as the Employer and the Union may agree on, a joint committee composed of three (3) representatives designated by the Union and three (3) representatives designated by the Employer shall meet and attempt to settle the grievance. Should the grievance not be settled by the said joint committee within seven (7) days of its first meeting, or within such longer period as the Employer and the Union may agree on, and if it is one which concerns the interpretation, application, administration, or alleged violation of this Agreement, then Arbitration may be invoked.

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21.04 ARBITRATION

(a) Both patties to this Agreement agree that any dispute or grievance concerning the interpretation, application, administration, or alleged violation of this Agreement shall, after it has been carried through Steps No. 1 and No. 2 of the Grievance Procedure without being settled, be refen-ed to a single Arbitrator at the request of either patty, without stoppage of work. However, either party may instead refer the grievance to a Board of Arbitration, if they choose. The Board of Arbitration shall be composed of one ( 1) person appointed by the Employer, one (1) person appointed by the Union and a third person, to act as Chair, chosen by the other two (2) members of the Board of Arbitration.

(b) Within fifteen (15) days after the decision of the Employer at Step No. 2 has been rendered, the party requesting Arbitration shall notify the other patty, in writing, of its desire to arbitrate the grievance and in the notification, it shall also provide a list of three (3) names of Arbitrators.

The recipient of the notice shall, within ten (10) days of the receipt of same, either select one ( 1) Arbitrator from the list provided or provide a list of three (3) Arbitrators for the requesting party to consider.

In the case of a Board of Arbitration and within the same time lines as above, the requesting patty shall notify the other patty, in writing, of its desire to arbitrate the grievance and in the notification it shall also state its nominee to the Board of Arbitration. The recipient of the notice shall notify the other patty of its nominee and the two (2) nominees, so appointed, shall confer and appoint a third person to act as Chair of the Board of Arbitration.

( c) In the event the two parties cannot agree on a single Arbitrator, the requesting party may apply to the Minister of Labour for the Province of Ontario for the appointment of a single Arbitrator.

In the case of a Board of Arbitration, where the two (2) nominees are unable to agree upon a Chair, within fomteen (14) days of the appointment of the latter of them, either party, or its nominee, may apply to the Minister of Labour for the Province of Ontario for the appointment of the third person to act as Chair of the Board of Arbitration.

( d) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance.

( e) No matter may be submitted to Arbitration which has not been properly carried through Steps No. 1 and No. 2 of the Grievance Procedure.

(f) The single Arbitrator or Board of Arbitration shall not have the power to alter or change any of the provisions of this Agreement, nor to substitute any new provision for any

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existing provisions, nor to give any decision inconsistent with the terms and provisions of the Collective Agreement.

(g) The single Arbitrator or Board of Arbitration shall have the power to relieve against any inconsequential delays concerning the time limits established in Step No. 1, Step No. 2 and Arbitration and it may extend such time limits, retroactively.

(h) The single Arbitrator or Board of Arbitration shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance before the Arbitrator or Board of Arbitration.

(i) Proceedings before the single Arbitrator or Board of Arbitration will be expedited by the parties hereto and the decision will be accepted as final and binding upon the paiiies hereto. In case of a Board of Arbitration, the decision of the majority will be accepted as final and binding upon the parties hereto. However, if there is no majority decision, the decision of the Chair shall be the decision of the Board of Arbitration and shall be final and binding upon the parties hereto.

21.05 GRIEVANCE MEDIATION

(a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the Employer's decision has been rendered at Step No. 2 of the Grievance Procedure. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration.

(b) Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to Mediation.

( c) The Grievance Mediation process is without prejudice to any position either party may take should the matter be referred to Arbitration.

( d) No matter may be submitted to Grievance Mediation which has not been properly caiTied through the Grievance Procedure, provided that the parties may extend the time limits fixed in the Grievance Procedure.

( e) The Mediator will be mutually agreed upon by the parties and must be able to commence the Grievance Mediation within the time limits set out in item (b) unless the paiiies mutually agree to extend the time period for such Mediator.

(f) Proceedings before the Mediator shall be inf01mal. Accordingly, the rules of evidence will not apply, no record of proceedings shall be made, and legal counsel shall not be used by either pmiy.

(g) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference.

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(h) The Mediator will have the authority to meet separately with any person(s), but will not have the authority to compel the resolution of a grievance.

(i) If no settlement is reached within five (5) days following Grievance Mediation, the patties are free to submit the matter to Arbitration in accordance with Article 21.04 Arbitration. In the event that a grievance, which has been mediated, subsequently proceeds to Arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at the Arbitration.

G) The Union and Employer will share the cost, if any, of the Mediator.

(k) Notwithstanding Article 21 (g), Saturdays, Sundays, and holidays are to be counted in the time limits for Grievance Mediation.

21.06 At any stage of the Grievance Procedure, including Arbitration, the patties may have the assistance of the employee(s) concerned as witnesses and any other necessary witnesses, and all reasonable arrangements will be made to pe1mit the confeJTing parties or the Board of Arbitration to have access to any patt of the Employer's premises to view any working conditions which may be relevant to the settlement of the grievance.

21.07 Each of the patties to this Agreement will bear the fees and expenses of the Arbitrator appointed by it, and the patties will jointly bear the fees and expenses, if any, of the Chair of the Board of Arbitration.

21.08 It is hereby agreed that an employee who has incmTed discharge, suspension or other disciplinary action involving a loss of wages, shall be compensated for lost wages in the event of a reversal or other adjustment made in accordance with the provisions of this A1ticle 21, but only to the extent of his success under this Alticle 21.

21.09 In instances where the Employer intends to issue a warning or a suspension for a fixed number of days (this would not include a suspension pending investigation nor a suspension pending the outcome of a criminal trial) the issuance of such discipline will be delayed, at the request of the Union, where the Union indicates that it intends to grieve such discipline, until Step No. 2 of the Grievance Procedure has been concluded.

21.10 Saturdays, Sundays and holidays are not to be counted in the time limits set out in Articles 21 and 22.

ARTICLE 22 - EMPLOYER'S GRIEVANCE

It is understood that the Employer may bring forward at any time, any complaint with respect to the conduct of the Union, its Officers, Stewards, or members, and that, if such complaint by

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the Employer is not settled to the mutual satisfaction of the conferring patiies within seven (7) days, it may be treated as a grievance at Step No. 2 and referred to Arbitration in the same way as the grievance of an employee. It is understood that any complaint on behalf of the Employer may be brought forward by the Vice President, Thoroughbred Racing, or his designate. The grievance shall be delivered in writing to the President, the Chief Steward, or the Secretary of the Union.

ARTICLE 23 - SENIORITY

23.01 The number of Seniority List employees shall be a maximum often (10). No other employees will be eligible to become Seniority List employees unless the employment of one (I) of the current employees listed in Schedule "D" is te1minated.

23.02 Each of the parties hereto recognizes that the Seniority List employees are entitled to an equitable measure of security based on length of service. Employment as a Regular Pern1it, Apprentice Permit and Casual Permit shall not be considered in establishing seniority nor in computing length of service.

23.03 In allocating employment and in making promotions, the Employer shall, provided that in the opinion of the Employer the employees affected are of equal skill, competence, and efficiency, recognize and apply the principle of seniority, provided the successful applicant is qualified.

ARTICLE 24 - LOSS OF SENIORITY

24.01 An employee will lose all seniority rights and deem to be terminated for any of the following reasons:

(a) ifthe employee voluntarily quits his employment;

(b) if the employee is discharged and not reinstated pursuant to the provisions of the Grievance Procedure herein;

(c) if the employee has been laid off and fails to return to work within one (1) week after call-in unless prevented through sickness, accident or a reason satisfactory to the Employer;

(d) if the employee has been laid off for more than eighteen (18) months;

( e) if the employee overstays a leave of absence granted by the Employer unless prevented from returning due to a reason satisfactory to the Employer;

(f) if the employee is absent for illness, injury or disability for more than twenty-four (24) months. This clause shall be interpreted in a manner consistent with the provisions of the Human Rights Code (Ontario).

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24.02 If an employee who has acquired seniority is not available for employment on all racing days during each entire racing season or does not accept employment when called, he shall be deemed to have voluntarily quit his employment unless leave of absence has been granted under the provisions of Article 25.

24.03 If an employee is absent from work without prior written approval of the Employer, the seniority rights of such employee will be suspended and the Employer will advise the Union in writing within two (2) working days of said absence, and the employee will lose his seniority rights seven (7) days after receipt of such notice by the Union, unless the Employer receives notice in writing from the Union giving evidence satisfactory to the Employer that the absence of the employee from work was caused by sickness, accident, a reason satisfactory to the Employer, or other approved circumstances, in which event the employee shall be granted leave of absence and his seniority rights reinstated.

24.04 The Employer will advise the Union within two (2) working days, in writing, in the event that an employee loses his seniority.

ARTICLE 25 - LEA VE OF ABSENCE

25.01 An employee shall not take leave of absence without prior written approval of the Employer and a copy of such written approval shall, in every case, be filed with the Union.

25.02 Employees may be granted leave of absence without loss of seniority. Leave of absence will not be granted for the purpose of engaging in work outside the Employer's employment. Applications for leave of absence shall be made through the Union for its recommendation; provided, however, that the decision of the Employer as to approval shall be final. In cases of sickness or other exceptional circumstances, extended leave of absence may be granted. It is understood and agreed that the Employer will not act arbitrarily in withholding its approval on applications for leave of absence.

ARTICLE 26 - LAYOFF AND RECALL

Layoffs shall begin with permit employees, following which Seniority List employees are laid off in the reverse order of seniority. Recalls shall begin with Seniority List employees in order of seniority, following which Pe1mit employees will be recalled. An employee shall return to work within seven (7) days after being recalled from layoff by notice sent by Registered Mail or Courier to the last known address on file, unless an explanation satisfactory to the Employer is given by the employee.

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ARTICLE 27 - DISCHARGE AND DISCIPLINE

27.01 The Employer agrees that, during the term of this Agreement, subject to any directives of the Canadian Pari-Mutuel Agency and/or of The Ontario Racing Commission, it will not discharge any employee who has acquired seniority except for such conduct on the pmi of such employee as shall be just and sufficient cause for such discharge.

27 .02 It is understood and agreed, without limiting the Employer's rights to discharge employees, that:

(a) absence from employment by an employee save and except for sickness, accident, a reason satisfactory to the Employer, or with leave of the Employer; or,

(b) the fact that the Employer is called upon to discharge an employee by reason of or arising from the supervision of the Canadian Pari-Mutuel Agency and/or provisions of the Racing Commission Act and regulations thereunder and/or the Rules of Racing of The Ontario Racing Commission referred to under Aiiicle I 0 of this Agreement, shall be conclusively deemed to be just and sufficient cause for dismissal of the employee provided that nothing herein shall prevent the employee going through the Grievance Procedure to determine whether or not the employee has been so absent or the Employer so called upon.

27.03 Any employee covered by this Agreement, when called in for any discussion which may result in disciplinary action or grievance, must be accompanied by a Steward or Union Representative, unless a Steward or Union Representative is not available. In any event, the Employer will not actually take disciplinary action in respect of any such employee until a Steward or Union Representative is present.

27 .04 Any disciplinary notation issued to an employee will be removed from his record eighteen (18) months after the date of issuance provided the employee receives no other disciplinary notation within the said eighteen ( 18) month period.

ARTICLE 28 - WAGES

28.01 The classifications and wage rates will be set forth in Schedule "C" hereto which is hereby a pati of this Agreement.

28.02 Shifts are defined as follows:

(a) Spring Schooling Shift - Time scheduled to work schooling on any day from February 15 to the opening of the Thoroughbred season.

(b) Non-racing Schooling Shift - Time scheduled to work schooling during the Thoroughbred season on a day when there is no racing scheduled, no racing is

20

conducted, or the employee is scheduled to work schooling only.

( c) Schooling/Racing Shift - Time scheduled to work both schooling and racing on the same day.

(d) Racing Shift - Time scheduled to work racing only, on any day.

28.03 For purposes of detennining the number of hours to be paid in a shift the following will apply:

(a) Spring Schooling Shift - An employee, scheduled to work this shift and who works all the available hours during the shift, will be paid for six and one-half (6 Yi) hours, regardless of the actual number of hours he works in the shift.

(b) Non-racing Schooling Shift - An employee, scheduled to work this shift and who works all the available hours during the shift, will be paid for four (4) hours, regardless of the actual number of hours he works in the shift.

( c) Schooling/Racing Shi ft - An employee, scheduled to work this shift and who works all the available hours during both the schooling and racing po1iions of the shift, will be paid for six and one-half(6 Y:i) hours, regardless of the actual number of hours he worked in the shift. In the event this shift is cancelled, employees will be paid for the actual hours worked or five (5) hours, whichever is greater. Should the hours of schooling be increased on the Schooling/Racing Shift beyond one and one-half (1 Y:i) hours, the employee will be paid for the additional schooling time worked.

( d) Racing Shift - An employee, scheduled to work this shift and who works all the available hours during the shift, will be paid for five (5) hours, regardless of the actual number of hours he works in the shift.

Employees who do not work all the available hours in any shift defined above will be paid for time worked or in accordance with the schedule above, whichever is less. Employees scheduled to work at times outside of the shifts defined above will be paid for the time worked. Time worked which is less than a full hour will be paid based on minutes worked.

28.04 An employee scheduled for work and who in fact reports for work will not be entitled to any pay if the Employer has made every reasonable effmt to contact the employee to advise him not to report for work.

28.05 When an employee is assigned Leadhand duties, he will receive a premium of two dollars ($2.00) per hour. In assigning Leadhand duties the Employer will, provided that in the opinion of the Employer, the employees are of equal skill, competence and efficiency, recognize and apply the principle of seniority.

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28.06 When an employee is assigned to drive the rear of the Stmt Gate, he will receive a premium of one dollar and fifty cents ($1.50) per hour.

ARTICLE 29 - TRAVEL ALLOWANCE

An employee working a twilight (first post 4:00 p.m.) or night racing program at Woodbine, who has already worked his schooling assignment on that day, will receive fifty-five dollars ($55.00) for travelling expenses. Effective Date of Ratification, the travel allowance will increase to sixty dollars ($60.00).

ARTICLE 30 - OCCUPATIONAL HEALTH AND SAFETY

The Employer, the Union and the employees shall cooperate to maintain healthy and safe working conditions and shall comply with the provisions of the Occupational Health & Safety Act (Ontario).

ARTICLE 31 - HOURS OF WORK

The work day shall consist of the number of work hours considered necessary by the Employer.

ARTICLE 32 - JURY DUTY AND COURT APPEARANCES

32.01 Whenever an employee who is actively working for the Employer is summoned for a Jury Sitting, he will be paid the difference between Jury Duty remuneration and his regular pay for the days he is required to be in attendance for the Jury Sitting provided that he presents reasonable evidence satisfactory to the Employer that he was summoned to attend a Jury Sitting and did, in fact, attend such Jury Sitting.

32.02 An employee on the Seniority List who is summoned to Comt as a witness on a matter arising directly from the affairs of the Employer or who is requested by the Employer to be present at Coutt proceedings in which the Employer is interested, shall receive his regular pay (less any witness fees or conduct monies he may receive) for such days as his attendance is required, together with a travelling allowance of thirty cents ($0.30) per kilometre return.

ARTICLE 33 - ARTICLES OF DRESS

An employee who is required to wear a specified type of uniform or article of dress shall have the same furnished at the expense of the Employer. Rain equipment adequate for the employee's protection shall be furnished by the Employer on rainy days to those employees required to work outdoors.

Uniforms or articles of dress shall be maintained and treated with care by the employee. All

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uniforms or articles of dress must be returned at the time of layoff or when employment ceases, unless advised otherwise. If the employee fails to do so, the Employer shall deduct the replacement cost of such uniforms or articles of dress from the employee's last earnings.

ARTICLE 34 - NEGOTIATIONS

The Employer agrees to pay the wages of Negotiating Conunittee members for regular scheduled shifts not worked because of negotiations with the Employer prior to Mediation.

ARTICLE 35 - MEAL OPTIONS

The Employer agrees to provide a meal program for employees covered by this Agreement. Such program will provide meal options at cost to employees who will be required to pay for such meal options at the time of purchase.

ARTICLE 36 - TERMINATION

This Agreement shall be in force until the thirty-first (3 l51) day of December, 2018 and shall

continue in force from year to year thereafter unless not more than ninety (90) days and not less than sixty (60) days before the date of termination, either party shall furnish the other with notice of termination or of proposed revision to this Agreement.

Signed at Toronto, this lo~h day of du D.L '2016.

SERVICE EMPLOYEES INTERN A TI ON AL UN ON, LOCAL2

WOODBINE ENTERTAINMENT GROUP

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SCHEDULE "A"

CHECK-OFF

Name:

TO: WOODBINE ENTERTAINMENT GROUP

In the event that I am employed by you or any of you, I hereby irrevocably authorize and

request you to deduct monthly from my pay (if any) from any one or more of you the sum of

Union dues as stipulated and ce1iified in writing by SERVICE EMPLOYEES

INTERNATIONAL UNION, LOCAL 2 BGPWU and remit the same to the Treasurer of the

said Union. The said deductions are to be made from the wages for the pay periods stipulated

by the said Union.

This authorization shall, as to each of you, go into effect immediately upon receipt by you of

this authorization and request and shall remain in effect for the duration of my employment (if

any) covered by a Collective Agreement between you and the said Union.

DATED this ___ day of _________ , 2016.

Witness

) )

)-------,-----­Signature

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SCHEDULE "B"

CHECK-OFF

Name:

TO: WOODBINE ENTERTAINMENT GROUP

In the event that I am employed by you or any of you, I hereby itTevocably authorize and

request you to deduct no less than two dollars ($2.00) per day (except on days when I work

four (4) races or less, when it shall be one-half (Yz) the then effective rate per day) from my

pay (if any) from any one or more of you on account of working permit fees, and remit the

same to the Treasurer of SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 2

BGPWU. The said deductions are to be made from my wages until an amount equal to the

dues paid by Union members in the then current calendar year has been deducted.

This authorization shall, as to each of you, go into effect immediately upon receipt by you of

this authorization and request and shall remain in effect as aforesaid during my employment

(if any) with you and covered by a Collective Agreement between you and the said Union.

DATED this ___ day of ________ ,, 2016.

Witness

) ) ) )

Signature

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SCHEDULE "C"

Hourly Wages

April 1, 2015 April 1, 2016 April l, 2017 April 1, 2018 Seniority Less than 6 years seniority $28.26 $28.90 $29.55 $30.21 6 but less than 10 years seniority $31.15 $31.85 $32.57 $33.30 10 but less than 15 years senioritv $31.79 $32.51 $33.24 $33.98 15 years+ $32.21 $32.93 $33.68 $34.43

Regular Permit $25.23 $25.80 $26.38 $26.97 Annrentice Permit* $19.50 $19.94 $20.39 $20.85 Casual Permit $19.50 $19.94 $20.39 $20.85

*Employees hired into the Apprentice Permit classification who successfully complete ninety (90) days worked will be transferred into the Regular Permit classification.

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Seniority Employees

Victor Frasson

John O'Connor

Mark Dunn

Brian Alleyne

Brian Morgan

Richard McMahon

Christopher Lafond

Gordon Ross

Jim Buckhurst

Kevin Hoffman

Alexander McCrorie

SCHEDULE "D"

Seniority List

As of January 29, 2016

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Seniority Date

August 27, 1987

April 27, 1988

August 6, 2000

July 8, 2001

March 20, 2007

May 23, 2009

March 17, 2010

October I, 2011

October 17, 2011

March 20, 2013

March 18, 2016

SCHEDULE "E"

Regular Permit Employee List

As of January 29, 2016

Ray Mclellan

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Letter of Understanding #1

Re: New Operator/Partner

LETTER OF UNDERSTANDING between:

Woodbine Entertainment Group (hereinafter refetTed to WEG)

-and-

SEIU Local 2 and Unite Here Local 75 (hereinafter referred to as the Unions)

During the negotiations for the renewal of the Collective Agreements that expired December 31, 2012 between the parties the issue of whether and under what circumstances the Collective Agreements would apply to work performed at a Casino or slots operation at the Woodbine work sites after the OLG subcontracted that work to private sector employers was extensively discussed.

In those discussions the parties reached the following agreement and understanding:

I. Should WEG, or a business entity in which WEG has a majority and controlling interest, become the operator of a casino or slots operation at the Woodbine work sites the collective agreements, while in force, would apply to the security, prope1iy service and hospitality work perfmmed at that casino or slots operation; and

2. Should WEG be involved in a new business entity which intends to submit a proposal to the OLG to become the operator of a casino or slots operation at the Woodbine work sites but not have a majority and controlling interest in such operator then it will arrnnge and pmiicipate in a meeting between the Unions and the new entity for the purpose of discussing the representation of the employees who would perform the security, prope1iy service and hospitality work at the casino or slot operation by the Unions. This meeting or meetings will be held prior to the submission of a final proposal to the OLG and WEG will make its best commercial effmis to assist the Unions and the new business entity in reaching an agreement which would result in the collective agreements being applied to the work performed at the casino or slots operation if the proposal to the OLG be successful.

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Dated at Toronto, this IO''"clay of Ju (LL , 2016.

WOODBINE ENTERTAINMENT GROUP

30

Letter of Understanding #2

Re: Article 6 - Insurance, Medical, Pension and Sick Days

During negotiations the parties agreed that the Extended Health Care (EHC), Dental, Term Life Insurance and Accidental Death and Dismemberment Employer sponsored plans as outlined in Atiicle 6 of the Collective Agreement that expired on December 31, 2015, will cease effective March 31, 2016. Effective April 1, 2016, the Employer will contribute a monthly amount in accordance with Atticle 6.01 (a) to a Union sponsored Health & Welfare Trust.

Dated at Toronto this I o~-\\ clay of Ju (L,L

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, 2016.

WOODBINE ENTERTAINMENT GROUP