COLLECTIVE AGREEMENT

Between

RIOCAN MANAGEMENT INC. Cambrian Mall

Sault Ste. Marie, Ontario

And

INTERNATIONAL UNION OF OPERATING ENGINEERS

Local793

April1, 2017- March 31, 2020

BETWEEN:

and

COLLECTIVE AGREEMENT

RIOCAN MANAGEMENT INC. (Hereinafter called "THE COMPANY")

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL793 (Hereinafter called "THE UNION")

ARTICLE 1- PURPOSE

1.1 The purpose of this Agreement is to establish mutually satisfactory relations between the Company and its employees, to provide machinery for the prompt and equitable dispositions of grievances, and to establish and maintain satisfactory working conditions, hours and wages for all employees who are subject to the provisions of this Agreement.

1.2 It is agreed by the parties hereto that every convenient provision and agreement shall ensure to the benefit of and be binding upon the parties hereto and their assigns, and that all covenants herein shall be construed as being joint and several and that, when the context so requires or permits, the singular members shall read as if the plural were expressed and the masculine gender as if the feminine or neuter, as the case may be, were expressed.

ARTICLE 2- SCOPE

2.1 This Agreement shall apply to all employees of Riocan Management Inc. working at the Cambrian Mall in the City of Sault Ste. Marie, save and except foreman, persons working above the rank of foreman, office, clerical, sales staff, school students employed during vacation period and short term employees hired on a an emergency basis provided that they do not work more hours than the regular and part-time employees.

ARTICLE 3- UNION RECOGNITION

3.1 The Company hereby recognizes the Union as the Sole Collective Bargaining Agent for all employees covered by Article 2 - Scope, in respect to hours of work, wages and all other conditions pertaining to this Agreement.

3.2 No contract, written or oral, shall be entered into between the Company or any of its designated representatives, and employees covered by this Agreement on matters relative to hours of work, wages and working conditions, promotions, demotions, or any other conditions affecting the welfare of the employee in general.

2 ARTICLE 4- NO DISCRIMINATION

4.1 There shall be no discrimination practices by the Company or the Union because of an employee's race, religion, colour, sex, place of origin or disability. It is further agreed and clearly understood that there shall be no discrimination exercised or practices on the part of the Company or it's representatives against any employee for his participation either past, future or present, in the formation or administration of this Union.

ARTICLE 5- MANAGEMENT RIGHTS

5.1 Except as modified by this Agreement, the Company shall retain all of its rights and prerogatives including the right to:

a) maintain order, discipline and efficiency;

b) hire, promote, demote, transfer and suspend an employee;

c) discipline or discharge an employee for just cause, provided that a claim by an employee who has acquired seniority, and who claims to have been disciplined or discharged without just cause, may be subject of a grievance and dealt with as herein provided. Under no circumstances will an employee be disciplined in public and employees will have the option of having a union steward or another employee present. All disciplined employee discussions will take place in private on the employer's property on the employer's time;

d) manage and operate the Company premises and, without restricting the generality of the foregoing, determine the kinds and locations of equipment, machines and tools to be used, determine the work to be performed, the schedule of hours and the allocation, number and qualifications of employees;

e) determine the extended, limitation or cessation of operations;

f) determine all other functions presently exercised by the Company, except as limited by the expressed provisions of this Agreement;

g) an employee's employment record will be considered clear one (1) year after the disciplinary action, provided there has been no further disciplinary action within the said one (1) year period;

h) disciplinary action may result from poor employee performance appraisal. Appraisal methodology to be provided by the Company;

i) Disciplinary action will be progressive in the following manner:

1'' Action: Notice of reprimand may be written or verbal. Verbal reprimand must be issued in attendance of union steward or another employee.

2nd Action: Notice of Reprimand must be written, and may be accompanied with suspension of up to five (5) days without pay.

3'd Action: May result in termination, or further issuance of increased term of suspension of up to ten (10) days without pay.

Should any employee be terminated for just cause then the above courses of action do not apply. Disciplinary action may be a result of occurrence involving dissimilar incidents or non-

3 related issues. The actual date of any suspension shall be at the sole discretion of management.

5.2 The employees recognize that the Company is engaged in a service business and further recognize their obligation in any activity that affects the reputation of the Company, to act in a way that will promote the success and the good public image of the Company. All employees agree to safeguard and keep strictly confidential all information of any kind whatsoever gained as a result of your employment with Riocan Management Inc. and any other related companies and the tenants, owners and lenders of this building.

5.3 The Company agrees that tl1ese functions shall be executed in accordance with all conditions and provisions of this Agreement and, further, that they may be exercised in a manner consistent with the general purpose and intent of the Agreement and subject to an employee's right to lodge a grievance as set forth herein.

5.4 Pyramiding of offences will not be imposed during disciplinary action. Further, disciplinary action for an offence will be initiated within 7 days from the date of management becoming aware of the infraction.

5.5 In the event of disciplinary action which may result in a suspension of an employee, under management's discretion, both parties may agree to waive serving tl1e suspension, in writing, in order to maintain adequate staffing. In this event the suspension shall be placed in the employee's record and deemed to have been served.

ARTICLE 6- NO STRIKE OR LOCKOUTS

6.1 In view of the grievance and arbitration procedures provided in this Agreement, it is agreed by tl1e Union tl1at there shall be no strikes or stoppage of work, eitl1er complete or partial and the Company agrees that during the term of tl1is Agreement there shall be no lockout.

ARTICLE 7- GRIEVANCE AND ARBITRATION PROCEDURES

7.1 Within tl1e terms of this Agreement, a grievance shall be defined as a difference arising between the employee, the Union or both, tl1e Company as to the interpretation, application, administration, or the alleged violation of tl1e provisions of this Agreement.

7.2 It is understood that an employee has no grievance until tl1e employee has first given the supervisor an opportunity to adjust the employee's complaint. In discussing the complaint verbally, the employee may be accompanied by a Steward, if a Steward is not available, then with another employee.

7.3 An employee's complaint, which is not settled by the supervisor with three (3) calendar days, not including weekends and holidays, shall then commence at Stage 1 of the Grievance Procedure.

7.4 In the event tl1at any step in the grievance or arbitration procedure is not taken within the time period specifically prescribed, the grievance shall be deemed to have been abandoned and parties agree that tl1e provisions of Sub-section 44(6) of the Labour Relations Act shall not apply to this Collective Agreement.

STAGEl The employee, accompanied if the employee so desires by tl1e Steward, shall submit his grievance in

4 writing to two (2) management personnel to be present (one via telephone) within five (5) calendar days of the alleged grievance and management shall give an answer in writing within five (5) working days. Failing a satisfactory settlement at this Stage, the employee may proceed to Stage 2.

STAGE2 Within seven (7) working days of the time settlement could have been reached in Stage 1, the employee accompanied by a Steward may present the grievance in writing to the Employer. A representative of the Union may accompany the Steward. Failing satisfactory settlement with seven (7) working days, the matter may be referred to Arbitration within thirty (30) calendar days from the date settlement could have been made at Stage 2. Two (2) management personnel (one via telephone if necessary) will be present.

Any grievance directly between the Employer and the Union shall be initiated at Stage 2 within thirty (30) calendar days of the alleged grievance.

ARBITRATION

Either of tl1e parties may, after exhausting any grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to Arbitration, all matters in dispute arising out of herein Agreement. The Arbitration shall be handled by a single Arbitrator.

In case of non-agreement on an Arbitrator- the ONTARIO LABOUR RELATIONS BOARD shall appoint same.

The Arbitrator shall hear the evidence of both parties and shall render his decision within seven (7) days of the completion of taking evidence. The decision of the Arbitrator shall be final and binding on both parties. It is understood and agreed that the Arbitrator has no autl1ority to alter, modify or cancel any part of this Agreement. Each party shall pay half the fees and expenses of the Arbitrator. The time limit of both Step 1 and Step 2 and Arbitration may be extended by mutual agreement.

ARTICLE 8- UNION DUES CHECK OFF

8.1 A check-off system of union initiation fees and dues shall be made operative for the lifetime of this Agreement.

8.2 The Company agrees to deduct the current month's dues, presently 2% of gross earnings, from any employee covered by this Agreement, together with any authorized initiation fee and assessment. The Company further agrees to remit such monies so deducted to the Head Office of the Union, located in Oakville, on or before the fifteenth (15th) day of the montl1 following the month to which such deductions were made, together with a list showing tl1e names and social insurance numbers of the employees.

ARTICLE 9- SENIORITY

9.1 Seniority shall apply to the last period of continuous employment.

9.2 When, in the sole view of the Company, tl1e ability to do the required work satisfactorily is equal seniority shall then be applied in determining promotions, lay offs, reduction of employees in deparhnents and rehiring.

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9.3.1 Should circumstances require a reduction of employees in a department, probationary employees shall be laid off first and then starting with those with the least seniority. When an employee is laid off U11der this section and jobs re-open within the department, the employees shall be called back on a seniority basis.

9.4 When employees are to be recalled by the Company, they shall be notified by a telephone call and a registered letter will follow to their last place of residence known to the Company and if they fail to report within ten (10) working days after mailing such notices, the Company shall be under no obligation to re-employ them.

9.5 A seniority list of all employees covered by this Agreement shall be posted every three (3) months if a change has occurred within the prior three (3) month period. This list will show names, positions and dates of last entry into the services in positions covered by this Agreement. Copies of the seniority list will be posted on all bulletin boards and one copy will be supplied to the Union.

9.6 In hiring, it is agreed and understood that all employees will be on probation until completing seven hU11dred (700) hours worked. During the probationary period for a newly hired employee, the Company shall have the sole right to determine whether, in its view, the employee should be retained subsequent to the probationary period and as long as a decision to terminate the employment of a probationary employee is not based upon any improper purpose such termination shall not be subject to being grieved under the provisions of this Collective Agreement. TI1e Company shall have the same right with respect to the assessment of the suitability of an employee to continue to hold a position to which he has been promoted on a probationary basis.

9.7 Protests in regards to an employee's established seniority standing must be submitted in writing to the Company within thirty (30) days from the date the seniority list is posted on the bulletin boards. When proof of error is presented by the employee or his representative, such error will be corrected and when so corrected, the agreed upon seniority date shall be final. Once the seniority standing of an employee is confirmed by the first posting of the seniority list, no further request for changes in seniority shall be made. No change in seniority status of an employee shall be made unless concurred by the Union.

9.8 All part-time employees, based on their seniority and ability, will be offered a full-time position when available, if they choose, before the Company hires a person not already employed by the Company. Full-time positions will not be unreasonably withheld provided the part-time employee has the seniority, skill and ability to perform the work required.

9.9 The company and union agree that there will be no more than four part-time employees employed at any one time.

ARTICLE 10- LOSS OF SENIORITY

10.1 Seniority rights shall cease and employment shall be terminated for the following reasons:

1) Voluntary resignation.

2) Discharged for just cause.

3) Failing to report as required by Article 9.4 of this Agreement.

4) After a lay off extending for a period of more than twelve (12) consecutive months.

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5) Absent without leave for any period in excess of two (2) consecutive working days and the non-reporting to the Director of Operations or his designated representative.

6) Company will give written notice immediately to the Union office concerning a loss of seniority.

ARTICLE 11- LEAVE OF ABSENCE

11.1 Subject to the approval of the Company and the requirements of the Company with respect to the efficient operation of its business, representatives of the employees shall, where it is demonstrated to be necessary, be given leave of absence with pay during working hours for the purposes of investigation and adjustments of grievances. Such permission shall not be unjustly or unreasonably withheld nor will such permission be sought where such investigations and adjustments could be reasonably conducted outside of normal working hours.

11.2 Duly appointed delegates shall be granted leave of absence without pay to attend conventions of the Union upon thirty (30) days written notice by the Union.

11.3 The name of an employee on authorized leave of absence shall be continued on the seniority list, but shall not accumulate seniority while on such leave of absence, with the exception for reasons as found in Article 11.4.1 and 11.4.2.

11.4 Up to one (1) year leave of absence without pay available to all employees for reasons listed below:

1) Illnesses that are not covered by sick leave alcoholism depression death in the family

2) Leaves of absence may be granted at the discretion of the company and shall be without pay, without benefits, or any other form of compensation. Requests by employees for non-specific leaves of absence must be in writing. Said leave will be for a specific period of time and for a specific reason.

The length of time shall be mutually agreed between the employee and employer and shall not be unreasonably withheld.

TI1e employee is to inform the Company on a monthly basis in writing of their status and if they will be returning in two weeks from that time. Employees can only return at the start of a new scheduling period unless the Company states otherwise.

The only time an employee does not have to report on a monthly basis is when the individual of their return has set a date. This must be in writing in triplicate with one copy to the Company, one to the Union and one for the employee.

7 ARTICLE 12- STATUTORY HOLIDAYS

12.1 All permanent employees who have completed their probationary period, other than those on leave of absence within the scope of this Agreement, shall be paid a normal working day's pay at their regular rate of pay for each of the following statutory holidays:

New Year's Day Victoria Day Labour Day Christmas Day Civic Holiday Family Day

Good Friday Canada Day Thanksgiving Day Boxing Day Floating Day (as per mutual agreement)

12.2 Employees called upon to work on the holidays provided for in this Article, the employer shall pay public holiday pay for the day, plus premium pay of one and one half (l'h) times the regular pay for each hour worked on that day.

12.3 Employees to qualify to be paid for statutory holidays or proclaimed holidays must work his regular scheduled shift before and after such holiday.

12.4 In the event of any of the above-mentioned holidays should be substituted by the Provincial or Federal Government, the day named shall be observed.

12.5 In the event of any of the above mentioned holidays should fall on the employee's normal day off or during his scheduled holidays, with management approval, said employee shall be entitled to another day off, to be taken on a date of the employees' choosing, within two weeks of the stated holiday, with pay at the regular rate in lieu of said holiday.

ARTICLE 13- ANNUAL VACATIONS

13.1(a) Every employee who has completed one (1) year of continuous service with the Company as of date of hire, in any year during the term of this Agreement, shall be entitled to be absent from work during two (2) calendar weeks in each calendar year following such date of hire, and to receive regular pay (subject to all usual and lawful deductions).

(b) Every employee who has completed four (4) years of more of continuous service with the Company as of date of hire, in any year during the term of this Agreement, shall be entitled to be absent from work during three (3) calendar weeks in each calendar year following such date of hire, and to receive regular pay (subject to all usual and lawful deductions).

(c) Every employee who has completed six (6) years or more of continuous service with the Company as of date of hire, in any year during the term of this Agreement, shall be entitled to be absent from work during four (4) calendar weeks in each calendar year following such date of hire, and to receive regular pay (subject to all usual and lawful deductions).

(d) Every employee who has completed ten (10) years or more of continuous service with the Company as of date of hire, in any year during the term of this agreement, shall be entitled to be absent from work during five (5) calendar weeks in each calendar year following such date of hire, and to receive regular pay (subject to all usual and lawful deductions).

(e) Every part-time employee upon completion of probationary period, shall be entitled to be absent from work during two calendar weeks in the calendar year of date of establishment, and shall be

8 entitled to four percent of gross earnings as vacation pay (subject to all usual and lawful deductions).

Vacation pay shall be credited bi-weekly to each employee covered by this Collective Agreement, at the rate of four percent (4%) of gross wages earned.

13.2 Part time employees, upon termination with less than one (1) year of service with the Company, shall be entitled to four percent (4%) of his gross earnings in accordance with the Hours of Work and Vacation Pay Act (subject to all usual and lawful deductions). It is agreed that when an employee is discharged, he shall be entitled to annual vacation pay as per Article 13.

13.3 Should any of the holidays provided for in Article 12 - Statutory Holidays fall during an employee's vacation period, the said employee shall be entitled to a day's vacation.

13.4 The vacation schedule will be posted on or before December 15"' of the previous year. Vacation selections not completed by December 1" of the following year will be subject to weeks being booked by lower seniority employees and shall be binding.

13.5 In accordance with tl1e seniority provisions of annual vacations, it is agreed that no person shall book more than two (2) consecutive weeks on their first choice of vacation weeks to be taken. Upon completion of the first choice of vacation scheduling by all employees, the second choice shall be limited to one (1) week per employee of the remaining available weeks.

13.6 Employees of less than one year of service as of December 31 of the calendar year will be entitled to pro-rated vacation time in the year of the date of hire.

13.7 Black out of all December Floater, Vacation and Stat Holidays. Per management discretion this may be flexible.

ARTICLE 14- HOURS OF WORK

14.1.1 It is expected that the normal hours of work of employees covered by this Agreement will be as follows:

Day Shift:

Afternoon Shift:

Night Shift:

Eight (8) working hours- Day shift may include any 8 consecutive hours between 6:00 a.m. and 6:00p.m., with one hal£ (Vz) hour paid lunch break

Eight (8) working hours - Afternoon shift may include any 8 consecutive hours between 2:00p.m. and midnight, with one hal£ (Vz) hour paid lunch break

Eight (8) working hours - Night shift may include any 8 consecutive hours between 11:00 p.m. and 8:00 a.m., with one hal£ (1/2) hour paid lunch break.

The Company shall have the right to vary the starting and finishing times of any of these shifts and to determine the extent to which they shall be worked.

The Company shall have the right to determine the duration of all other shifts provided that all shifts scheduled will be for at least four ( 4) hours.

Employees on the afternoon shift will be paid a premium of one dollar ($1.00).

9 Employees on the night shift will be paid a premium of one dollar and fifty cents ($1.50) an hour for hours paid on the night shift.

Employees will be paid at the rate of 1.5 times their regular rate for all hours in excess of eight (8) hours per day or in excess of forty (40) hours per week. If a Statutory Holiday falls in an employee's regular work week, the hours earned for a Statutory Holiday will be included in hours worked.

The rate of time and one-half (1 V2) the regular rate of pay will be paid for hours worked for any shift commencing less than eleven (11) hours from the previous shift.

There will be 11 hours turn around time between shifts per the Employment Standards Act, 2000.

An employee who reports to work and a change has been made to the schedule shall be paid eight (8) hours pay.

The schedule will remain the same for a two (2) week period unless two (2) employees agree to change or the Company requires changes for necessary reasons. Said change is subject to sufficient notice (one day) and management's approval but approval cmmot be unreasonably withheld.

The work schedule will be posted one (1) week in advm1ce.

All employees shall remain on the premises for their lunch and coffee break and will be restricted from using the food court seating.

14.2 Coffee Break It is understood by and between both parties that employees working not less than an eight hour shift shall be entitled to a fifteen (15) minute coffee break, approximately mid-point of the first half of their respective shift m1d mid-point of the second half of their respective shift and at the start of overtime.

Employees scheduled to work four ( 4) hours or less will be allowed one fifteen (15) minute break. Said coffee break to be on Compm1y time.

14.3 Days Off Fulltime employees will have two (2) consecutive days off in a seven (7) day period. Employees who have attained seniority will have the right to choose their days off by seniority and will remain as such for a period of two years. The supervisor should not be performing employee's work unless for instruction or in an emergency situation, as determined by the Company.

Part-time employees, whenever possible, shall be given 2 consecutive days off in a seven (7) day period permitted the shopping centre is operating under normal cirucumstances.

14.4 Sick Days Each full-time employee will be awarded six ( 6) sick days per year that will be non accumulative from one year to the next, during the term of this Collective Agreement and any subsequent Agreements unless so specified. The employee will be required to provide a doctor's written explanation after three (3) consecutive sick days and, until produced, the Company is not obligated to compensate the employee. The employer will cover any costs incurred by the employee for medical notes required by the employer, to a maximum of $100.00 per calendar year. Employees will provide the Employer with a minimum of four (4) hour's notice whenever possible.

Sick days taken by part-time employees who call in sick for their regular four hour shift will be considered as one-half (1/2) days sick.

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14.5 Grace Period

The company shall grant a grace period of five (5) minutes before the end of each shift, and after the beginning of each shift without any loss in wages.

ARTICLE 15- OVERTIME

15.1 All overtime shall be optional, employee's choice. Method of assigning overtime is at managements discretion, and management will endeavour to distribute overtime equally among all employees. In an emergency situation all employees are required to work if called upon. Compensation at the rate of time and one-half (1 V2) at the regular rate of pay per hour shall be paid for all work performed outside the normal working hours as set in Article 14 - Hours of Work.

ARTICLE 16- ONTARIO HEALTH INSURANCE PLAN

16.1 The Company agrees to contribute 100% of the employee's cost for Ontario Health Insurance Plan (OHIP).

ARTICLE 17- HEALTH & WELFARE

17.1 The Company's current health and welfare plan will cover all employees, having completed the probationary period, provided that the employee works twenty-four (24) hours or more per week on an average over a three (3) month period. If the employer changes insurance companies', the change will not result in any loss of benefit coverage to the employee.

ARTICLE 18- PAY DAYS

18.1 Pay days shall be bi-weekly on Friday except that should a holiday fall on a Friday, the Thursday before shall be deemed to be pay day.

18.2 The Company will show conspicuously in writing on the pay envelope the following facts: employee's name wage rate number of regular hours worked number of overtime hours worked all deductions

18.3 In the event of discrepancy in pay of 4 hours or less, the employer will pay the discrepancy on the employee's next pay. In the event the discrepancy is greater than 4 hours, the employer shall pay the discrepancy by separate cheque.

ARTICLE 19- BULLETIN BOARDS

19.1 The Company agrees that the Union shall have the right to post notices of meetings and other notices that may be of interest to the employees concerned. Said notices must be approved by the Supervisor and said approval shall not be unreasonably withheld.

19.2 Union meetings will be held off-site.

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ARTICLE 20- GENERAL

20.1 Any matter which may come into existence during the life of this Agreement that are not specifically covered by this Agreement shall be discussed and agreed upon before becoming part of this Agreement and shall be appended hereto.

20.2 Government Legislation - In the event that any of the provisions of this Collective Agreement are found to be in conflict with any valid and applicable Federal or Provincial Law now existing or hereinafter in enacted, it is agreed that such law shall supersede the conflicting provisions without in any way affecting the remainder of the Collective Agreement.

ARTICLE 21- WAGE SCHEDULE

21.1 Wage rates for all existing full time employees who have completed their probationary period:

April1, 2017 April1, 2018 April1, 2019 Wage Detail $17.22 $17.42 $17.67 Standard Wage $18.22 $18.42 $18.67 Afternoon Premium per Article 14.1.1

21.2 Wage rates for all New Hires who have completed their probationary period:

April1, 2017 April1, 2018 April1, 2019 Wage Detail $13.00 $13.20 $13.40 Standard Wage $14.00 $14.20 $14.40 Afternoon Premium per Article 14.1.1

When a part-time employee becomes a permanent full-time employee a phase-in wage premium will be added to a maximum of $15.00 I hour.

ARTICLE 22- DURATION OF AGREEMENT

22.1 This Agreement shall be effective from the 1st day of April, 2017, and shall remain in effect until the 31st day of March, 2020.

22.2 Should either party hereto desire to change, add to, amend or terminate this Agreement, that party agrees to give the other party written notice to that effect within ninety (90) days of the termination of this Agreement. Provided that no such written notice is given by either party, this Agreement shall remain in force from year to year.

ARTICLE 23- REPORTING PAY

23.1 An employee who reports for work on a scheduled working day and who has not been previously notified not to report and is sent home because of inclement weather, etc., shall be guaranteed a minimum of four ( 4) hours pay at his regular rate.

23.2 Employees required by the employer to attend meetings on their time off shall be paid a minimum of two (2) hours pay. The employee shall not be obligated to remain at work beyond the end of the meeting but may be scheduled up to 4 hours to assist with the operation of the shopping centre. Confirmation from each staff member will be required prior to the meeting, for scheduling purposes, as to whether they will work beyond the meeting.

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ARTICLE 24- CONTRACTING OUT

24.1 The parties hereto agree that for the term of this Agreement, there shall be no objection on contracting out by the Company provided however, that no employee of the Company shall, as a result of such contracting out, thereby lose employment or hours. When a job vacancy occurs, the vacancy will not be filled through the contracting out process.

ARTICLE 25- DEFINITIONS

25.1 A PERMANENT EMPLOYEE is an employee who has successfully completed the maximum probationary period of seven hundred (700) hours worked.

25.2 A PROBATIONARY EMPLOYEE is an employee who is serving a maximum probationary period of seven hundred (700) hours worked (as per Article 14) with the Company prior to being considered a permanent employee.

25.3 A PERMANENT PART-TIME EMPLOYEE shall maintain seniority from his/her date of hire and shall have the same rights and privileges as the full time employees for the purpose of booking holidays.

25.4 PART-TIME HOURS will be to a maximum of twenty-four (24) hours.

ARTICLE 26- WORKING CONDITIONS

26.1 The job Steward or Business Representative will report to the foreman, in writing, for immediate corrective action, any unsafe conditions, unsafe acts or violation of safety regulations. It is agreed that the employers/employees will abide by all terms and conditions as set out in the Occupational Health and Safetlj Act.

26.2 SAFETY, SANITATION AND SHELTER The Company will provide a proper furnished place of shelter (lunchroom), sufficiently heated, in which the employees may eat with a locked door and lockable lockers. The lunchroom will provide:

1. air conditioning 2. suitable lockers 3. drinkable water 4. ventilation 5. refrigerator 6. microwave 7. telephone 8. to be painted yearly

Sanitary toilets shall be provided in accordance with the regulations of the Occupational Health and Safety Act, 1978.

13 26.3 UNIFORMS

The Company shall supply and pay the full cost for all employees having completed the 700 hundred (700) hour probationary period six (6) shirts (1/s, sis at employees discretion), three (3) pair of pants, one (1) pair of C.S.A.O. approved safety boots, one (1) pair of C.S.A.O. rubber boots, and one winter coat and one pair of snow pants for any employee required to work outside during the winter months. The safety and rubber boot allowance shall not exceed $175.00 per year per employee.

Probationary employees will receive uniforms, but are required to provide their own safety boots at the time of hire. Probationary employees who do not complete the probationary period are required to reimburse the Company for the cost of the uniform.

Employees will have the option of purchasing work boots from one of the following suppliers­Marks Work Wearhouse, Bergamins, H.R. Lash

Adequate seasonal clothing to be provided as follows and as required: rain suit, winter coat, gloves, mitts and apparel as required for the job.

Should the employee fail to wear the designated safety wear provided, the employee shall be suspended for the remainder of the shift without pay and such suspension shall remain in effect until such time as the employee returns to work with proper safety wear. The employee shall also be subject to a written notice of reprimand.

Safety wear, footwear, clothing and outerwear provided by the employer, with the exception of the designated uniform pants and shirts shall remain on site in the lockers provided within the staff room at the conclusion of each shift.

Furthermore, the employees will be responsible to maintain these uniforms at an acceptable state of cleanliness and repair as deemed by management.

New or replacement uniform pieces will be provided as required.

Long hair shall be suitably confined to prevent entanglement with any rotating shaft, spindle, gear, belt or other source of entanglement. When scheduled in the Food Court, long hair must be suitably confined.

Uniforms may be worn to I from and during a shift. Employees found wearing uniforms at any other place I time will be subject to disciplinary action.

26.4 STAFF PARKING Employees are permitted to move their vehicles from the designated parking area closer to the main mall entrances after mall closing hours, provided that this is completed in a prompt manner.

ARTICLE 27- BEREAVEMENT LEAVE I TURY DUTY

27.1 IMMEDIATE FAMILY Spouse, mother, father, mother-in-law, father-in-law, grandparents, grandparents of spouse, brothers, sisters, children, grandchildren, foster children, stepchildren, common-law spouse

Employees with a death in their immediate family in area within 180 KM, will be entitled to three (3) days leave of absence. Employees with a death in their immediate family from out of area in excess of

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180 KM will be entitled to five (5) days leave of absence, with (3) days regular pay in each case.

Employees with a death of their spouse's brotl1ers and sisters on both sides will be entitled to one (1) day pay in town or out of town and be allowed sufficient time to attend the funeral.

The employee is given the option to take holidays, sick days or an unpaid leave of absence at this time, subject to the Company's approval that cannot be unreasonably withheld.

27.2.1 If an employee is required to serve on a jury or to answer a witness subpoena in a legal proceeding (provided the witness subpoena is not pertaining to a personal situation), the employee will be provided with paid time off for his absence.

Employees will receive their regularly scheduled wages, excluding overtime, while on such duty and the employee must provide the company with any monetary allowances received from the courts.

ARTICLE28

28.1 All conditions of this Agreement are to remain in full force and effect until negotiations are completed and/or conciliation proceedings exhausted.

IN WITNESS WHEREOF, each of the parties hereto has caused this Collective Agreement to be signed by its duly authorized representatives this Q?~rd... day of rY\Qr c....h 2017.

RIOCAN MANAGMENT INC.

~~ Signature

Danny Kissoon I Sr. VP of Operations Please Print Name and Title

44 Great Northern Rd. Address

Sault Ste. Marie, ON, P6B 4Y5 City, Province, Postal Code

(705) 759-4900 I (705) 759-8381 Telephone and Fax Number(s)

dkissoon@riocan.com Email Address

THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL793

$/A. J'JA, Mik~ Gallagher, Business Manager

joe Red~

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SeE~ Recommended By: Robert Catling Area Business Representative