COLLECTIVE BARGAINING AGREEMENT

BETWEEN VALE CANADA LIMITED AND CANADIAN GUARDS ASSOCIATION, LOCAL 105

OCTOBER 31, 2019

ONTARIO OPERATIONS SUDBURY DISTRICT

INDEX ARTICLE 1 - RECOGNITION .................................................................. 2 ARTICLE 2 - OBLIGATIONS AND MANAGEMENT FUNCTIONS .......... 3 ARTICLE 3 - LABOUR DISPUTE ............................................................ 3 ARTICLE 4 - RELATIONSHIP ................................................................. 4 ARTICLE 5 - ASSOCIATION DUES ........................................................ 5 ARTICLE 6 - ASSOCIATION BUSINESS ................................................ 5 ARTICLE 7 - COMPLAINT AND GRIEVANCE PROCEDURE ................ 7 Step No. 1 ................................................................ 7 Step No. 2 ................................................................ 7 ARTICLE 8 - ARBITRATION ................................................................. 10 ARTICLE 9 - SENIORITY ...................................................................... 12 ARTICLE 10 - JOB POSTING ................................................................. 16 ARTICLE 11 - HOURS OF WORK ............................................................ 20 ARTICLE 12 - SAFETY AND HEALTH ...................................................... 22 ARTICLE 13 - COMPANY BENEFITS ..................................................... 24 ARTICLE 14 - SALARIES ........................................................................ 25 ARTICLE 15 - CONSULTATION AND TRAINING................................... 26 ARTICLE 16 - DURATION ……………………………………………………………. 27

APPENDIX Appendix A - Salaries and Classifications ............................................... 29 SCHEDULE Schedule A - Recognized Areas for the Purposes of Article 9.09 ............ 30

LETTERS OF AGREEMENT Scheduling and Banking Regular Vacation ................................................................... 32 Employment Security .................................................................................................... 33 Hiring of Protection Services Professionals in Local 6500 ............................................ 34 Transfers to Relief Force ............................................................................................... 35 Schedule and Twelve (12) Hour Shifts .......................................................................... 36 Professional Development Opportunities ...................................................................... 37 Joint Problem Solving ................................................................................................... 38 Posting of Vacation Schedules ..................................................................................... 39 Association Time .......................................................................................................... 40 Casual Employee Letter ............................................................................................... 41 Temporary Assignments Outside the Association ......................................................... 42 Company Observed Holiday On Regular Day Off ......................................................... 43 Permanent Posting Job Preview .................................................................................. 44 Communication Sessions on Staff Benefits and Programs ........................................... 45 Corrective Action Letters .............................................................................................. 46 Joint IBN Training ......................................................................................................... 47 Collective Agreement Maintenance …………………………………………………………48

COLLECTIVE BARGAINING AGREEMENT 31 OCTOBER 2019 BETWEEN VALE CANADA LIMITED AND CANADIAN GUARDS ASSOCIATION, LOCAL 105 ONTARIO OPERATIONS SUDBURY DISTRICT

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THIS AGREEMENT entered into this 31st day of October, 2019

BETWEEN

VALE CANADA LIMITED (Sudbury District)

(hereinafter known as `the Company')

- and -

CANADIAN GUARDS ASSOCIATION, Local 105

(hereinafter known as `the Association')

WHEREAS by the nature of their duties, the employees covered by

this agreement are bound faithfully to perform their duties notwithstanding the

existence or non-existence of a collective agreement.

AND WHEREAS the parties to this collective agreement intend that

it shall not limit or impair the continuing faithful performance of the duties of

employees.

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ARTICLE 1 - RECOGNITION

1.01 The Company recognizes the Association as the exclusive

bargaining agent of all Protection Services Professionals employed

by the Company at its operations in the Sudbury District, save and

except supervisors, persons above the rank of supervisor,

investigators, temporary employees, casual employees, persons

regularly employed for not more than twenty-four (24) hours per

week and students employed during their summer vacation period.

1.02 The word `employee' wherever used in this Agreement shall mean

Protection Services Professional employed by the Company in the

bargaining unit as defined in 1.01.

1.03 Supervisors, and persons above the rank of supervisors, shall not

perform work which is normally performed by employees to the

extent and volume that it directly results in the lay-off or transfer of

an employee.

1.04 A "temporary employee" shall mean a person employed by the

Company and used by it to perform security functions for a period

of time not to exceed six (6) continuous months in the case of

unusual situations or during the period of any strike by any

personnel affecting the operations of the Company. Temporary

employees shall not perform work normally performed by

employees in the bargaining unit to the extent and volume that it

directly results in the lay-off of an employee or the displacement of

an employee from his or her regular job or regular shift.

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ARTICLE 2 - OBLIGATIONS AND MANAGEMENT FUNCTIONS

2.01 The Association agrees that the Company has the exclusive right to

manage the Company, direct the working forces, hire, promote,

transfer, demote or lay off employees, and to suspend, discharge

or otherwise discipline employees for just cause. Provided,

however; that the Company agrees that the exercise of these rights

and powers in conflict with any of the provisions of this Agreement

shall be subject to the provisions of the grievance procedure.

Without restricting the generality of the foregoing, the Association

also agrees that all employees, because of their positions of

particular responsibility and trust shall not disclose to any

unauthorized person any confidential information or knowledge

which becomes available to them because of their position with the

Company unless properly authorized. Any violation of this

provision by an employee shall constitute just cause for discipline

or discharge.

ARTICLE 3 - LABOUR DISPUTE

3.01 The Company agrees that there will be no lockout of employees,

the Association agrees that there will be no strike, picketing or

other interference with the operation of the Company. The words

`strike' and `lockout' shall bear the meaning given them in the

Ontario Labour Relations Act, R.S.O. 1995, c.1, Chapter 232 and

amendments thereto.

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3.02 In the event that any controversy between the Company and any

organization or group of employees not represented by the

Association, results or threatens to result in a strike, work stoppage

or other interference with the Company's business, the Association

agrees that regardless of the organization or group involved in any

such controversy, employees represented by the Association will

fully discharge their duties.

3.03 Any employee contravening this article may be disciplined,

including discharge, by the Company and if more than one

employee engages in activity to contravene this article, the

Company may discipline, including discharge, any or all such

persons.

ARTICLE 4 - RELATIONSHIP

4.01 The Company and the Association agree that there shall be no

discrimination, intimidation, restraint, or coercion practised by either

of them or their representatives or members because of an

employee's membership or non-membership in the Association or

because of an employee's activity or non-activity in the Association.

4.02 There shall be no discrimination by the Company or the

Association or employees against any employee because of the

employee’s sex, race, colour, sexual orientation, age, religious

creed, political affiliation or because the employee has exercised or

failed to exercise any right specifically provided under this

agreement.

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4.03 There shall be no solicitation of membership, collection of dues or

other Association activity on the premises of the Company, except

permitted by this Agreement or with the written authorization of the

Company.

ARTICLE 5 - ASSOCIATION DUES

5.01 a) The Company will deduct from the first pay in each month of

each employee an amount equivalent to the regular monthly

dues of the Association. Such deduction shall be deposited

within twenty (20) days with the financial institution

designated in writing by the Association.

b) A statement of the amount deposited and a list of all

employees paying Association dues shall be sent to the

Association.

5.02 The Association agrees to indemnify and save the Company

harmless from any claims which arise as a result of the Company's

compliance with this article.

ARTICLE 6 - ASSOCIATION BUSINESS

6.01 The Company acknowledges the right of the Association to appoint

or otherwise select a Negotiation Committee of five (5) members

from amongst the employees who have completed their

probationary period. One of these members shall be the President

of the Association.

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6.02 The Company will arrange for appropriate bulletin board or boards

at all gate houses and first aid rooms, email and intranet access

which may be used by the Association for posting notices of its

meetings or conventions, nomination and election proceedings,

and social or recreational events sponsored by the Association,

which before posting, shall be subject to the approval of the

Protection Services Supervisor of the Company.

6.03 Upon written request from the Association, the Company will grant

unpaid leave of absence up to a maximum of twenty-five (25) days

in a year to the five (5) Executive members of the Association for

the purpose of attending regularly scheduled meetings of the

Association in Sudbury or out-of-town, for conventions, schools,

seminars, Labour College or other Local Association business.

Unused leave from one year may be accrued to ensuing years

during the term of this agreement, however; the maximum leave

that can be taken in any one year will be fifty (50) days.

The Association shall give fifteen (15) days prior notice so that the

Company can make the necessary arrangements to replace them

during their absence.

6.04 Time spent by employees on unpaid leave on the Association

Negotiating Committee in preparation and during negotiations for

renewal of this Collective Agreement during the ninety (90) days

prior to the termination of this Collective Agreement will not be

included in the total number of leaves provided under Section 6.04.

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6.05 The Company agrees to recognize a Grievance Committee

composed of a Vice-President and Second Vice-President. The

Association shall notify the Company in writing of the names of the

Grievance Committee.

ARTICLE 7 - COMPLAINT AND GRIEVANCE PROCEDURE

7.01 Any difference, misunderstanding or complaint between the

Company and any of the employees in regard to any of the

provisions of the agreement will be handled without undue delay.

The Company and the Association recognize the benefit of

resolving differences promptly and to this end the principles of joint

problem solving will be applied whenever possible.

Step No.1

An employee who has a complaint shall first discuss it verbally with

his or her immediate supervisor within five (5) working days after

the circumstances giving rise to the complaint have occurred. The

supervisor will provide a verbal decision to the employee within five

(5) days of the time the complaint was discussed with him or her.

Failing settlement then:

Step No.2 Within seven (7) days following the decision under Step No.1, the

Association representatives, up to a maximum of two (2) and the

grievor may submit the written grievance to the Superintendent of

Protection Services or his or her designate and a member of the

Human Resources Department at which time the matter will be

reviewed and discussed at a meeting between the parties. A

decision in writing will be given by the Company within seven (7)

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days from the date of which the grievance was heard at Step No.2.

If the grievance is denied, the decision shall contain brief and

concise reasons.

For the purpose of this Agreement a grievance shall mean any

difference between the Company and any of the employees

concerning the interpretation, application, administration or alleged

violation of the provisions of this agreement.

7.02 All agreements reached under the Grievance Procedure at Step

No. 2 between the representatives of the Company and

representatives of the Association will be final and binding upon the

Company, Association and the employees.

7.03 A policy grievance arising directly between the Company and the

Association (which would not normally be grieved by an individual

employee) shall be originated under Step No. 2. Any grievance by

the Company or the Association as provided in paragraph 7.03

hereof shall be commenced within seven (7) days after the

circumstances giving rise to the complaint having occurred.

7.04 No adjustment affected under the Grievance Procedure or

Arbitration Procedure shall be made retroactive more than twenty-

one (21) days prior to the date the complaint or grievance was

formally discussed or presented. This paragraph shall not prevent

any adjustment of clerical errors made in the computation of pay.

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7.05 Any grievances not processed by the employee or the Association

within the time limits specified in the Grievance Procedure, or in

accordance with this Article 7 shall be deemed to have been settled

and ineligible for arbitration. The time limits set out in this Article

may be extended on agreement between the Association and the

Company.

7.06 A claim by an employee who has completed his or her probationary

period that he or she has been unjustly discharged shall be treated

as a grievance if a written statement of such grievance is lodged at

Step No. 2 of the Grievance Procedure within six (6) days after the

employee ceases to work for the Company and the first step of the

Grievance Procedure will be omitted in any such case.

7.07 The Company agrees to provide grievance forms that will be used

by both parties.

7.08 The word "days" wherever used in this agreement shall mean

calendar days. Regular days off of both the grievor and the

Company representatives involved during the grievance procedure,

vacation time off of the grievor and recognized holidays shall not be

counted in determining the time within which any action is to be

taken at any step in the grievance procedure.

7.09 The Company will continue its practice of granting time off work to

the grievor and Association representatives for the purpose of

attending grievance meetings scheduled by the Company under

Section 7.01 during their working hours. The time lost during their

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regular shifts will be considered time worked. The Company

reserves the right to discontinue the practice if it is being abused.

7.10 Where practicable, an employee who is to be suspended, issued

'formal' discipline or discharged will be advised that a member of

the Association Executive may be present. If more than one

Management Representative is present for the purpose of

counselling or when discipline is issued the employee will be

advised that a member of the Association Executive may be

present. An employee will be advised when any formal discipline

in the form of a letter will be placed in their file. An employee will

be entitled to review with their immediate supervisor the

employee’s counselling or discipline record and upon request, will

receive a copy of their record.

ARTICLE 8 - ARBITRATION

8.01 Failing settlement under the foregoing procedure of any grievance

between the parties, including any questions as to whether the

matter is arbitrable, arising out of the interpretation, application,

administration, or alleged violation of this agreement, such

grievance may be submitted to arbitration. If no written request for

arbitration is received within sixty (60) calendar days after the

decision under Step No. 2 is given, it shall be deemed to have

been settled and not eligible for arbitration.

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8.02 The party desiring to submit a matter to arbitration shall deliver to

the other party a notice in writing of intention to arbitrate. This

notice shall include: a concise statement detailing the matter at

issue; a brief synopsis of the facts; the specific clause or clauses of

the collective agreement that are alleged to have been contravened

and the nature of the relief or remedy sought.

8.03 The Company and the Union shall confer to jointly appoint a sole

arbitrator. If within thirty days of the receipt of the notice of the

intention to arbitrate the parties are unable to agree to a mutually

satisfactory sole arbitrator, an arbitrator shall be appointed by the

Minister of Labour for the Province of Ontario upon the request of

either party.

8.04 The decision of the Arbitrator shall be final and binding on both

parties but the jurisdiction of the Arbitrator shall be limited to

deciding the matter at issue within the existing provisions of the

agreement and in no event shall the arbitration board have the

power to add to, subtract from, alter or amend this agreement in

any respect.

8.05 Each party shall pay its own costs and the fees and expenses of

witnesses called by it and of its representative. The fees and

expenses of the Arbitrator shall be shared equally between the

parties.

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ARTICLE 9 - SENIORITY

9.01 (a) An employee will be considered on probation and will not be

subject to the seniority provisions of this agreement, nor shall his or

her name be placed on the seniority list until after he or she has

completed six months of employment with the Company. Upon

completion of such probationary period, the employee's name shall

be placed on the appropriate seniority list with seniority dating from

the date he or she was last hired by the Company. The dismissal

of a probationary employee shall not be the subject of a grievance.

9.01 (b) Seniority

Means the length of continuous service with the Company.

Departmental Seniority

1. Departmental seniority means the length of continuous

service in the Association subject to Subsection 2 of this

Section 9.01 (b).

2. Employees who have left or leave the Association and

continue to be employed by the Company, will upon

returning to the Association be credited with any previous

Departmental seniority.

9.01 (c) For the purpose of the seniority provision of this Agreement an

employee with recall rights who was laid off and rehired after his or

her recall rights expired will be credited with his or her prior

continuous service.

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9.02 A person shall lose all seniority and departmental seniority and

shall be conclusively deemed to have terminated employment with

the Company if he or she:

(a) voluntarily quits the employ of the Company; or is

(b) discharged and such discharge is not reversed through the

Grievance Procedure; or

(c) is absent without leave for seven (7) consecutive working

days unless a reason satisfactory to the Company is given;

or

(d) fails to return to work upon termination of an authorized

leave of absence unless a reason satisfactory to the

Company is given or utilizes a leave of absence for the

purposes other than those for which the leave of absence

was granted; or

(e) is absent due to layoff for a period exceeding his or her

departmental seniority at the time of layoff, or forty-eight (48)

months whichever is the lesser; or

(f) upon notice of recall from layoff, fails to notify the Company

within fourteen (14) days of his or her intention to report for

work, unless a reason satisfactory to the Company is given;

or

(g) fails to report to work within twenty-eight (28) days after

being recalled from layoff, unless a reason satisfactory to

the Company is given.

9.03 Where employees are laid off due to lack of work from the

Company (other than temporary layoffs not to exceed fourteen (14)

days) the Company shall lay off the employees affected in the

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inverse order of their departmental seniority ranking with the

Company, except in those cases where the requirements and

efficiency of operations and ability, knowledge, training and skill of

the individual to fill the normal requirements of the job in a manner

satisfactory to the Company. Recall shall be in reverse order of

layoff except in those cases where the requirements and efficiency

of operations and ability, knowledge, training and skill of the

individual to fill the normal requirements of the job in a manner

satisfactory to the Company.

9.04 It is agreed and understood that employees notify the Company of

any change of address or telephone number within a reasonable

time. The Company shall be entitled to rely upon the last address

and telephone number furnished by the employee for all purposes.

9.05 The Company agrees to provide the Association with both seniority

and departmental seniority lists of all employees of the Protection

Services Department and shall update the lists every three (3)

months.

9.06 Subject to section 9.07 persons entering the Protection Services

Department will enter no higher than the maximum of the salary

range. Employees returning to the Protection Services Department

will enter no lower than the minimum of the salary range.

Notwithstanding the forgoing a person who transfers into the

Department from a staff position, will receive the greater of his or

her previous staff salary up to the maximum of the salary range for

the applicable classification.

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9.07 (a) Protection Services Supervisors, persons above the rank of

supervisor and investigators returning to the Association will enter

the relief force at a classification to be determined by the Company

and the provisions of Section 9.03 will not apply provided that the

employee so transferred has more departmental seniority than

those persons with recall rights. The Company will notify the

Association in writing of the classification.

(b) Persons who are supervisors, persons above the rank of supervisor

or investigator who enter the Association will enter with

departmental seniority equal to the amount of previous service in

the Protection Services Department.

9.08 In the event that the Company is considering the implementation of

a major innovative change in equipment or technology which will

affect the terms and conditions of employment of one or more

employees, it will first meet with the Association executive to

discuss the matter. Prior to implementing any such change,

employees will be given a minimum of 30 days’ notice or such

notice as is reasonable under the circumstances.

9.09 Where the Company determines a reduction in employee(s) in

any particular plant or complex is necessary, the Company will

first notify the Association and discuss the reasons for the

reduction.

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The employee(s) posted to the reduced role(s) will be provided

the following options as alternatives to be assigned to the

relief force:

(a) directly displace the employee holding the least amount

of departmental seniority in the plant or complex;

(b) directly displace the employee holding the least amount

of departmental seniority in the Association;

If option 9.09 (a) is selected, the displaced employee(s) from a

plant or complex will be provided the option to directly

displace the employee(s) holding the least amount of

departmental seniority in the Association.

ARTICLE 10 - JOB POSTING

10.01 When it is determined that a permanent position exists in the

department the Company shall indicate such fact to its employees

within 14 days of such determination, by sending an email to all

employees indicating the vacancy for a period of ten (10) days.

Such notice shall specify the location, classification, shift and

position number of the posted position.

An employee who wishes to apply for such posting may complete

the online application and forward to the Protection Services

Supervisor or their designate by email, fax or hand delivery within

the ten (10) day posting period.

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10.02 If, in the opinion of the Company a permanent position will be

vacant for a limited period of at least four (4) weeks, owing to the

temporary absence of the incumbent employee, (other than

absence due to vacation) the Company will send an email to all

employees indicating the vacancy of such position within 14 days

for a period of ten (10) days. Such notice shall specify the location,

classification, shift, position number and the expected duration of

the limited job.

An employee who wishes to apply for such posting may complete

an online application and forward to the Protection Services

Supervisor or their designate by email, fax or hand delivery within

the ten (10) day posting period.

When one is awarded a “temporary vacancy” it is the Company’s

expectation that they will work in the position for the duration of the

limited period. If the limited period lasts for greater than six (6)

months, the employee in the temporary vacancy is entitled, to

submit a “Letter of Notice” to the Company, copying the

Association providing thirty (30) days notice to permit the temporary

position to again be posted, and once awarded, to return to his/her

permanent position or on to another vacancy. If the employee

does not advise the Company of such request, the expectation will

be that temporary posting holder will remain for the duration of the

temporary vacancy.

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10.03 The Company shall consider the following two (2) factors in

determining which employee within the department shall fill such

posted position:

(a) departmental seniority of each employee concerned;

(b) requirements and efficiency of operations and the qualifications,

knowledge, training, skill and physical fitness of each employee

concerned to do the work required by the Company.

When, in the judgment of the Company, (b) is equal as between

two (2) or more employees, then the employee having the greater

departmental seniority will be given preference. When departmental

seniority is equal between two (2) or more employees, greater

seniority will govern. The company will not exercise its judgment in

an arbitrary fashion.

If there is no applicant or no successful applicant to a posted

permanent job the Company will assign the employee from within

the relief force with the lowest seniority ranking.

When filling a limited job, preference will be given to applications

from employees who do not hold a permanent position. If no such

applications are submitted the job will be awarded to an applicant

holding a permanent job in accordance with (a) and (b) above. The

resulting vacancy will be filled by canvassing the relief force and

granting preference to the senior employee.

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If there is no applicant or no successful applicant to a posted

limited job the Company will assign the employee from within the

relief force with the lowest seniority ranking who is eligible for such

assignment. The junior employee who is assigned under this

section to fill a limited vacancy shall not, so long as they remain in

that job be assigned to another limited vacancy under this section.

If the Company decides that there is no satisfactory applicant it may

fill such position from outside the Association (for example, from

the Protection Services Professionals’ casual relief force).

The Company will post the name of the successful applicant or

assigned employee electronically as soon as practicable with a

copy being sent to the Association.

10.04 It is agreed that the relief force is a work group required to work on

all shifts and at all locations in the Sudbury District.

For the purpose of vacation relief scheduling, locations and shifts

will be distributed amongst the relief group on a fair and equitable

basis taking into account the wishes of the employees, their

seniority, the qualifications, skill and ability of the employees to

perform the work and the requirements and efficiency of

operations.

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ARTICLE 11 - HOURS OF WORK

11.01 The normal scheduled hours will be posted at the various work

areas. It is expressly understood that the posting of such

schedules are intended only to provide a basis for calculating time

worked and are not a guarantee or restriction as to the hours of

work per day nor as to the days of work per week nor as a

guarantee of working schedules.

11.02 Authorized work which the Company requires the employee to

perform in excess of the total hours of the scheduled work day or

work week will be paid at the rate of time and one-half.

11.03 It is agreed that any Protection Services Professional may be

required, at the option of the Company, to work eight (8) or ten (10)

hour shifts and upon agreement between the Company and the

Association, twelve (12) hour shifts.

11.04 The Association recognizes that due to the nature of the

employee's duties that it may be necessary for the Company to

alter hours of work and make schedule changes in emergency

situations and that the employees shall cooperate fully with the

Company in such a situation.

11.05 Time spent in attendance at Company required training courses

outside of an employee's regular working hours will be paid at the

rate of time and one-half or if the employee wishes, will be given

paid time off in lieu of pay at a time suitable to both the Company

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and the employees.

Should mandatory training, mandatory information sessions and

mandatory committee meetings, as determined by the Company,

be scheduled outside of an employee’s regular working hours at a

time which is not immediately preceding or following the

employee’s work day, he or she will be paid for all hours of such

mandatory attendance at the rate of time and one-half or four (4)

hours at their equivalent hourly rate, whichever is greater.

11.06 It is recognized by the parties that the services performed by

employees are required on a continuous basis and that overtime

work will sometimes be necessary. The Company shall first

endeavour to assign overtime work on a voluntary basis at the

location concerned. When canvassing for volunteers, employees in

the relief force will be considered. In the event this cannot be

reasonably accomplished, employees agree to work such overtime

as is required and this shall constitute their consent to do so within

the meaning of the Employment Standards Act.

11.07 An employee reporting to work, which includes meetings, on a “call

out” will be paid for all hours worked during the call out at one and

one-half their equivalent hourly rate or four (4) hours at their

equivalent hourly rate, whichever is greater. To qualify for call out

allowance an employee shall have:

a) left the premises of the Company, and,

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b) been notified to commence work at a time other than the time

immediately following the employee’s work day or at a time which is

more than one (1) hour immediately preceding the employee’s

work day, and,

c) received notice from the Company less than sixteen (16)

hours before the employee was to commence such work.

11.08 The scheduling of regular vacation will take into account the

wishes of employees, their overall company seniority and the

requirements and efficiency of operations. The Company will post

a current, updated regular vacation schedule electronically in an

area where all employees have access to it.

11.09 If a Company Observed Holiday occurs on an employee’s regular

day off or during his or her vacation and he or she qualified for

holiday pay, he or she shall receive eight (8) hours pay at his or her

regular hourly rate or eight (8) hours lieu time off with pay at his or

her regular hourly rate. In the case where lieu time off is granted, it

shall be taken at a time mutually agreeable between the employee

and the Company.

ARTICLE 12 - SAFETY AND HEALTH

12.01 The Company and the Association share a common concern for

maintaining a safe and healthy working environment and support

the internal responsibility system.

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12.02 The Company and Association agree to establish an Operation

Safety and Health Committee consisting of five (5) members. Three

(3) will be appointed by the Association, and if possible, at least

one member is to be from the Mines Operations and at least one is

to be from the Surface Plant Operation and, two (2) to be

appointed by the Company from among Management

Representatives. The Association and the Company shall each

designate a member of the Committee as Co-Chairperson. Unless

both parties agree otherwise, the Committee shall meet once every

three (3) months for the purposes of exchanging and discussing

Safety and Health information and considering specific Safety and

Health problems at work locations within the Operation. The Co-

Chairperson will determine an agenda of matters to be discussed

at the meeting at least five (5) days prior to each scheduled

meeting.

When required, the Company will grant time off work to the

Association representatives for the purpose of attending Committee

meetings. The time so spent will be considered time worked.

12.03 One member of the Committee representing the Association will be

a Certified Member and shall remain a member of the Committee

for the duration of the Collective Agreement.

12.04 If an employee is subpoenaed and attends at a Coroner's inquest,

he or she may be accompanied by a member of the Association on

the day of his or her attendance. The Company agrees to grant

time off with pay to the Association member for this purpose.

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ARTICLE 13 - COMPANY BENEFITS

13.01 The Company will make available to the employees covered by this

Agreement with Vale CANADA Limited the following benefits and

programs:

▪ Retirement System

▪ Employee & Family Assistance Program

▪ Security Reserve Fund Plan (pre 2009 hire) Company

Observed Holidays including the Floating Holiday

▪ Flex-Benefits

▪ Short Term Disability

▪ Regular Vacation Plan

▪ Tuition Assistance Program

▪ Bereavement Leave

▪ Jury Duty Leave

▪ Short-term Incentive Plan

▪ Supplement to Employment Insurance (EI)

13.02 The benefits and programs which are available to Non-Unionized

Staff employees are not conditions of employment or a part of any

agreement between the Company and the Association, and are not

subject to the Arbitration Procedure of this agreement as outlined

under Article 8, will be offered to employees of this unit. Whereas

the Company does not anticipate reducing the overall level of

benefits under the total program, it may be necessary for the

Company to revoke, terminate, suspend, modify, change, or

interpret any part of them at any time in its sole discretion.

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13.03 The Company will advise the Association in writing that there has

been a change in the programs and will discuss the application of

any of these benefits with the Association or any employees at their

request.

ARTICLE 14 - SALARIES

14.01 The salary range shall be set out in Appendix `A' attached hereto

and forming part of this agreement. If the Company determines

that there will be improvements or other changes in the salary

schedule applicable to its Non-Unionized Staff employees, these

changes shall be applied to employees covered by this Agreement

in conformity with general application to such salaried personnel.

14.02 It is understood and agreed, however, that a complaint by an

employee alleging that the Company has discriminated against him

or her in making its decision as to whether or not he or she should

receive a salary adjustment within his or her salary range for their

classification or from one classification to another, may be the

subject of a grievance. Such a complaint will be treated as a

normal grievance and processed in accordance with Article 7 and

8.

14.03 The Company agrees to provide a compa ratio listing to the

Association Executive on an as requested basis.

26

ARTICLE 15 - CONSULTATION & TRAINING

15.01 Members of the Association Executive and representatives of the

Company agree to meet, when required to discuss items of

concern within the Protection Services Department.

15.02 The Company and the Association will establish a joint Training

and Scheduling Committee consisting of two (2) employees

appointed by the Association (one of whom shall be from the

Executive), and one person appointed by Management. The

Committee shall meet at agreed upon times for the purpose of

reviewing, considering and discussing training requirements,

programs, on the job assignments and examine scheduling issues

such as the utilization of the relief force, the scheduling of vacation,

accrued time recovery, coverage for employees attending

meetings, floating holidays, training and other issues as may be

determined by the parties. Time spent by Committee members in

Committee meetings during their regularly scheduled hours of work

will be considered time worked.

27

ARTICLE 16 - DURATION

16.01 This agreement shall be in effect from November 1, 2019 to

October 31, 2026, and unless either party gives the other party

written notice of termination or a desire to amend the agreement,

then it shall continue in effect for a further period of one (1) year

without change.

16.02 Notwithstanding the Letter of Agreement – Collective

Agreement Maintenance, notice of termination or that

amendments are required may only be given during the period of

not more than ninety (90) days and not less than thirty (30) days

prior to the termination date.

28

Executed at Sudbury, Ontario this 31st day of October 2019.

CANADIAN GUARDS ASSOCIATION VALE CANADA LIMITED

Local 105 for itself and also

on behalf of each and every

employee of the Company on

whose behalf this Agreement

has been made.

J. Brunet C. Parkinson

K. White B. Simard

T. Markiewich J. Raskevicius

C. Severinac A. Trapasso

A. Bowering

29

APPENDIX `A' SALARIES AND CLASSIFICATIONS Protection Services Professional (G03)

MINIMUM (80%) MIDPOINT (100%) MAXIMUM (120%) $60,800 $76,000 $91,200

The above salary schedule takes effect 2019. The Association will be advised in writing of any changes to the above salary schedule.

30

SCHEDULE A

Recognized Areas for the Purposes of Article 9.09 For the purposes of Article 9.09, the areas shall be:

1) Garson 2) Coleman 3) Creighton 4) Totten 5) Nickel Refinery 6) Smelter Complex 7) Copper Cliff North and Clarabelle Mill 8) Copper Cliff South Mine and Power St. Gate

Together with additional areas the Company may from time to time establish in consultation with the Association.

31

LETTERS OF AGREEMENT The following are the letters of agreement between the Company and the

Association, and are intended solely for the purpose of information. They do not form part of the Collective Bargaining Agreement.

32

October 31, 2019 Mr. Joey Brunet Canadian Guards Association Local 105 Dear Mr. Brunet: Subject: Scheduling and Banking Regular Vacation With respect to the scheduling of regular vacations which has in accordance to Company policy been banked from one year to the next year regular vacations for all employees will be scheduled in priority to banked vacations. When a change in work requirements occurs, the Company will make every effort to minimize the impact to the posted vacation schedule. Should a difference arise between the Association and Company concerning vacation scheduling, the parties will meet at an agreed upon time for the purpose of discussing and attempting to resolve the difference. Yours very truly, Jacob Raskevicius Human Resources, Ontario Operations

33

October 31, 2019 Mr. Joey Brunet Canadian Guards Association Local 105 Dear Mr. Brunet: Subject: Employment Security This will confirm our discussions during negotiations with respect to the issues of contracting out and employment security. The Company agrees to have full discussions with the Association prior to making any decisions relating to contracting out work normally performed by Protection Services Professionals, or making changes to current staffing levels. Further, the Company recognizes the need for the Association executive and employees to have prior knowledge when work normally performed by Protection Services Professionals will be performed by a contractor in the course of strike/lockout in the Sudbury District. To that end:

o the Association will designate, to the Company one member of the local executive to meet with area management when work normally performed by Protection Services Professionals is to be complemented by contractors

o the Company will discuss with this designate, where practicable, in advance of contracting out this work. This discussion will be for the purpose of discussing the work to be contracted out and planning for communications with employees.

In the event that a force reduction is necessary, the Company will give full consideration to placing affected employees in available positions elsewhere in its operations. Yours very truly,

Jacob Raskevicius Human Resources, Ontario Operations

34

October 31, 2019 Mr. Brunet Canadian Guards Association Local 105 Dear Mr. Brunet: Subject: Hiring of PSP’s in Local 6500 An individual whose name appears on the recall list for Protection Services Professionals shall be given preference, subject to meeting the normal employment standards and being otherwise qualified for the job, when it is necessary to hire new persons to perform work normally performed by members of the bargaining unit represented by the United Steelworkers in the Sudbury District. If a Protection Services Professional is so hired, he or she will be credited with his or her previous continuous service accumulated with the Company for vacation purposes and provided he or she has maintained his or her status in the pension plan, for pension purposes as well. Yours very truly, Jacob Raskevicius Human Resources, Ontario Operations

35

October 31, 2019 Mr. Joey Brunet Canadian Guards Association Local 105 Dear Mr. Brunet: Subject: Transfers to Relief Force This will confirm our understanding that any employee, who wishes to be transferred in his or her classification to the relief force, may file a written application to that effect with the Protection Services Supervisor. The Company will consider such application before filling any position in the relief force. Yours very truly, Jacob Raskevicius Human Resources, Ontario Operations

36

October 31, 2019 Mr. Joey Brunet Canadian Guards Association Local 105 Dear Mr. Brunet: Subject: Schedule and Twelve (12) Hour Shifts We wish to confirm the intent of the Company to give the Association and employees adequate notice of a change to a permanent schedule. The Company will also upon taking into consideration the requirements and efficiency of operations, give consideration to written requests from either the Association or employees to be removed from a twelve (12) hour shift. Either the Company or the Association may cancel any particular twelve (12) hour shift upon at least thirty (30) days written notice to the other. Yours very truly, Jacob Raskevicius Human Resources, Ontario Operations

37

October 31, 2019 Mr. Joey Brunet Canadian Guards Association Local 105 Dear Mr. Brunet: Subject: Professional Development Opportunities This will confirm our discussions during negotiations with respect to development opportunities. Within six (6) months of ratification of the collective agreement, the Company will develop a plan to educate members of the association on Vale’s Career and Succession Planning system. This education will include, at minimum, details about Individual Development Plans, the Career Counseling centre, how to access career chats with trained Vale Career Counselors, and how this presents opportunities for personal professional development. The Company will consider releasing an employee to specific opportunities that are identified. Yours very truly, Jacob Raskevicius Human Resources, Ontario Operations

38

October 31, 2019 Mr. Joey Brunet Canadian Guards Association Local 105 Dear Mr. Brunet: Subject: Joint Problem Solving This will confirm our discussions during negotiations in which we agreed to the use of a joint problem solving technique (as referred to in Article 7.01) to aid the parties in the resolution of differences whenever practical to do so. For purposes of problem solving the following definitions will apply: ISSUE: Problem or subject area to be addressed. INTEREST: A concern, need, or goal giving rise to an issue which must be

addressed in reaching a solution. OPTIONS: Potential, sometimes partial, solutions to satisfy one or more interests. CRITERIA: Broad or general agreed upon qualities of an acceptable solution. BRAINSTORMING:

Generation of options, interests, criteria, solutions by involvement of all who can contribute an idea without evaluation of its merit.

CONSENSUS:

An agreement everyone will support because they fully participated in the process.

Jacob Raskevicius Human Resources, Ontario Operations

39

October 31, 2019 Mr. Joey Brunet Canadian Guards Association Local 105 Dear Mr. Brunet: Subject: Posting of Vacation Schedules This will confirm our discussions with respect to the posting of vacation schedules and vacation relief schedules. The Company will make every reasonable effort to post the vacation schedule and the vacation relief schedule by December 31st annually and to keep these schedules current through regular updates. The schedules will indicate the date of last revision along with the name of the individual responsible for administering the schedule. Yours very truly, Jacob Raskevicius Human Resources, Ontario Operations

40

October 31, 2019 Mr. Joey Brunet Canadian Guards Association Local 105 Dear Mr. Brunet: Subject: Association Time This will confirm our understanding that the Company will pay up to one hundred and ten (110) hours in each year of the Collective Bargaining Agreement commencing on November 1, 2009, for any employee to attend to Association business, as distributed by the President of the Association. The Company will pay up to an additional forty (40) hours in the year the collective agreement expires. The Association will give as much notice as possible to assist with scheduling. This eight-hour or twelve-hour period can be split into segments, none of which shall be less than four (4) hours in duration. Yours very truly, Jacob Raskevicius Human Resources, Ontario Operations

41

October 31, 2019

Mr. Joey Brunet

Canadian Guards Association

Local 105

Dear Mr. Brunet:

Subject: Casual Employee Letter

This will confirm our discussions concerning ‘Casual Employees’. Casual Employee

shall mean a person employed full time or part time by the company to perform security

and first aid functions on a temporary basis. Their employment shall not result in the

lay-off of an employee or the displacement of an employee from his or her regular job or

shift. Union dues will be paid in accordance with article 5.01. The dismissal of a Casual

Employee shall not be the subject of a grievance.

It is anticipated that Casual Employees will be used to supplement the relief work force

and may be assigned to various locations and schedules as required. They will be paid

an hourly rate of $28.08. In addition, they will be entitled to vacation pay on all

earnings in accordance with the Employment Standards Act.

For the purpose of overtime scheduling, Casual Employees will be treated as per the

Overtime policy.

Any hours worked in excess of 40 hours per week (excepting the training period), in the

case of a Casual Employee working an 8 hour shift schedule, will be compensated at

the rate of time and one-half their regular hourly rate.

Any hours worked in excess of 48 hours per week or 160 hours every 4 weeks in the

case of a Casual Employee working a 12 hour shift schedule, will be compensated at

the rate of time and one-half their regular hourly rate.

It is understood that Casual Employees shall have no rights or benefits beyond those

specifically stated in this letter and that the words ‘Casual Employee’ shall have a

separate and distinct meaning from the word ‘Employee’ as used throughout the

agreement.

Yours very truly,

Jacob Raskevicius

Human Resources, Ontario Operations

42

October 31, 2019

Mr. Joey Brunet

Canadian Guards Association

Local 105

Dear Mr. Brunet:

Subject: Temporary Assignments Outside of Association

It is in the interest of both the Company and the Association to foster an environment

where employees can participate in career opportunities outside of the Protection

Services Department.

This letter will confirm our discussions with respect to the status of members of CGA

Local 105 when on temporary assignments outside the Association. The employee shall

cease to be a member of the Association and will have no rights under the collective

agreement save and except:

• Their permanent position shall not be posted as a vacancy during their absence

on assignment outside the positions included in the CGA Local 105.

If their temporary assignment exceeds two (2) years the member will be returned to

their permanent position or be assigned permanently outside the Association.

Extensions to this timeline may be granted in situations where the assigned

employee is filling a role that is temporarily vacant due to a pregnancy leave,

parental leave, or illness.

An employee who has returned to their PSP role from a temporary assignment

shall not be eligible for another temporary assignment for six (6) months.

Should an employee be offered a temporary assignment outside the positions included

in the CGA, Local 105, the employee may elect to continue to remit to the CGA, Local

105 an amount equaled to their normal monthly Association dues. In exchange for

continuing to remit an amount equaled to their normal monthly Association dues to the

CGA Local 105, the employee shall:

• Have the right to compete for full-time permanent job postings in the bargaining

unit.

• Continue to accrue departmental seniority.

Yours very truly,

Jacob Raskevicius

Human Resources, Ontario Operations

43

October 31, 2019 Mr. Joey Brunet Canadian Guards Association Local 105 Dear Mr. Brunet: Subject: Company Observed Holiday on Regular Day Off The Company, the Association and the employees will co-operate to permit employees to switch shifts on recognized holidays. Employees requesting such a change must provide adequate notice to their supervisors to allow for a schedule change. Such shift changes must be cost neutral to the Company and be in compliance with the Employment Standards Act. In order for a shift change to be cost neutral, the Recognized Holiday must be switched for another shift within that calendar month. Yours very truly, Jacob Raskevicius, Human Resources, Ontario Operations

44

October 31, 2019 Mr. Joey Brunet Canadian Guards Association Local 105 Dear Mr. Brunet: Subject: Permanent Posting Job Preview This will confirm our agreement with respect to employees bidding on permanent positions. An employee who is the successful applicant to a posted permanent position may spend one training shift, to be paid at straight time, at his or her new location to determine if he or she wishes to accept the position. This training shift will, where practicable be scheduled within 10 days of the employee being awarded the position. The employee will have 2 days after the training shift in which to accept the position or return to his or her previous position. The Company may extend this timeline at its sole discretion. Should the employee decide to return to his or her previous position after the training shift the posted vacancy will be awarded in accordance with article 10.03 from among the applicants. Yours very truly, Jacob Raskevicius Human Resources, Ontario Operations

45

October 31, 2019 Mr. Joey Brunet President, Canadian Guards Association Local 105 Dear Mr. Brunet: Subject: Communication Sessions on Staff Benefits and Programs The Company commits to provide information and examples of key employment provisions contained in staff policies and the collective bargaining agreement:

o Accessing “my pension information” o Accessing “my benefit information” o Understanding my “pay statement”

The parties will identify other subjects relating to staff benefits and programs for review as agreed. Yours very truly, Jacob Raskevicius Human Resources, Ontario Operations

46

October 31, 2019 Mr. Joey Brunet Canadian Guards Association Local 105 Dear Mr. Brunet: Subject: Corrective Action Letters This will confirm our discussions in respect to Corrective Action Letters (Discipline) pursuant to Article 7.10. Any employee who has been issued a discipline letter will have such letter removed from their Discipline File after three (3) years from the date of issue, provided no further discipline is issued in that period. If an employee is issued further discipline within the three year period, the first discipline letter shall not be removed from the Discipline File and the three year period shall be extended from the date of issue of the second letter. Any subsequent discipline within the amended three year period will be treated in the same manner, with letters being updated to the current discipline date. Discipline letters removed from the Discipline File shall not be referenced by the Company. Yours very truly, Jacob Raskevicius Human Resources, Ontario Operations

47

October 31, 2019 Mr. Joey Brunet Canadian Guards Association Local 105 Dear Mr. Brunet: Subject: Joint IBN Training During the 2019 Negotiations Process, the parties agreed that in preparation for renewal of the next collective agreement, it would be of shared benefit for both parties to jointly participate in training for Interest Based bargaining techniques. Should such training be jointly agreed, the parties will attend together and any paid leave required for CGA Executive members to attend will be covered by the company and excluded from the annual allotment. The cost of training will be covered by the Company. Yours very truly, Jacob Raskevicius Human Resources, Ontario Operations

48

October 31, 2019 Mr. Joey Brunet Canadian Guards Association Local 105 Dear Mr. Brunet: Subject: Collective Agreement Maintenance During the life of this collective bargaining agreement, updates to language that has become obsolete can be made with mutual agreement between the Company and the Association. The most up to date version of the document will be available by digital copy online via the Vale intranet. It is agreed and understood that such updates do not constitute an agreement to engage in collective bargaining. Yours very truly, Jacob Raskevicius Human Resources, Ontario Operations