I.·, .. . . '}tJ COLLECTIVE AGREEMENT RECEIVED Q BETWEEN ... · cities of Oakville, Milton,...

I.·, .. . 1~ ~q-di§j . '}"tJ

0cx0~6 COLLECTIVE AGREEMENT

RECEIVED JUN Q 5 2008

BETWEEN: Ministry ol Labour DRS. MEDIATION SERVICES

AND:

BUDGETCAR INC. (CITY)

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

EXPIRY: AUGUST 31, 2008

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INDEX

Article

Page

1 RECOGNITION ..................... :.......................................................................................... 3 2 UNION SECURITY ............................................................................................................. 3 3 BASIC WORK WEEK ........................................................................................................ 5 4 REST PERIODS ................................................................................................................ 6 5 WAGES .............................................................................................................................. 7 6 OVERTIME ......................................................................................................................... 8 7 HOLIDAY PAY ................................................................................................................... 8 8 VACATIONS ...................................................................................................................... 9 9 MANAGEMENT RIGHTS ................................................................................................. 11 10 EMPLOYEE AND UNION COOPERATION .................................................................... 11 11 DISCHARGE OF EMPLOYEE SUBJECT TO ARBITRATION ...................................... 14 12 NOTICE REQUIRED OR PAY REQUIRED IN LIEU OF NOTICE

IN CASES OF DISMISSAL ............................................................................................ 14 13 LEAVE OF ABSENCE ..................................................................................................... 15 14 JURY DUTY ..................................................................................................................... 16 15 BEREAVEMENT PAY ..................................................................................................... 16 16 NO STRIKE OR LOCKOUT ............................................................................................ 17 17 SENIORITY ...................................................................................................................... 17 18 ADJUSTMENT OF GRIEVANCES .................................................................................. 19 19 BOARD OF ARBITRATION ............................................................................................ 20 20 BENEFITS ....................................................................................................................... 21 21 BUSINESS AGENTS' VISITS ......................................................................................... 22 22 BULLETIN BOARDS ....................................................................................................... 22 23 APPAREL ........................................................................................................................ 22 24 CHARITABLE DONATIONS ........................................................................................... 23 25 DECENT LANGUAGE ..................................................................................................... 23 26 HEALTH & SAFETY ........................................................................................................ 23 27 MEDICAL ABSENCE AND MEDICAL LEAVE ............................................................... 24 28 GENERAL ........................................................................................................................ 24 29 DURATION ................................................................. ; .................................................... 25

PROGRESSIONS ............................................................................................................. 26 LETTER OF UNDERSTANDING #1 ·VEHICLE MAINTENANCE ................................. 28 LETTER OF UNDERSTANDING #2 ·GEOGRAPHIC AREAS ...................................... 29 LETTER OF UNDERSTANDING #3 • UFCW TRAINING & EDUCATION FUND ......... 30 LETTER OF UNDERSTANDING #4. DAMAGE TO VEHICLES ................................... 31 LETTER OF UNDERSTANDING #5. WORKING THROUGH VACATIONS ................ 32

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BETWEEN:

AND:

COLLECTIVE AGREEMENT

BUDGETCAR INC. (CITY) Hereinafter referred to as the "Company"

OF THE FIRST PART

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 Hereinafter referred to as the "Union"

OF THE SECOND PART

The general purpose of this Agreement is to establish collective bargaining relations between the Company and the Union, to continue the cooperation and spirit of good will between the Company and its employees, to provide machinery for the prompt disposition of grievances arising under this Agreement. The Union recognizes that in order to provide a proper relationship between the parties, the Company must be kept in a strong competitive market position, which means it must produce at the best possible efficiency and lowest cost, consistent with fair labour standards, and the Union agrees to support the Company in attaining such objectives.

ARTICLE 1 - RECOGNITION

1.01 The Company recognizes the Union as the sole Collective Bargaining Agentfor all employees of the Company in the Greater Metropolitan area including the cities of Oakville, Milton, Vaughan and the Municipalities of Peel, Markham, Oshawa and Metropolitan Toronto, save and except Assistant Managers, persons above the rank of Supervisors, office, clerical and sales staff.

ARTICLE 2- UNION SECURITY

2.01 The Company agrees, with reference to such of its employees as are covered by this Agreement, it will retain in its employ only members in good standing of the Union. New employees shall become members within the first thirty (30) calendar days of employment. The Union agrees that it will not unreasonably deny application for admission to the Union. The Company agrees to notify the Union of all new employees at least every month. The Union agrees to notify

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the Company in writing by registered mail of the name of any employee who is not in good standing in the Union. All employees shall apply for membership on the official Local 175 Membership Application Form. Upon receipt of these forms from the employees, the Company agrees to forward such forms on the employees' behalf to the Union within ten (10) days after the completion of the probationary period.

Notwithstanding the above, the Union agrees that the Company will not be required to terminate current employees who refuse to sign a membership card so long as such employees were hired prior to the date of ratification of this Agreement.

2.02 All employees will be deducted the appropriate dues and initiation fees from their first day of employment.

2.03 (a) (i) The Employer shall during the term of this Agreement, as a condition of employment deduct from members of the bargaining unit, the regular weekly union dues and such dues shall be remitted to the Union, in the format in Article below, prior to the fifteenth (15) of the month following the month in which such deduction is made.

(ii) The Employer shall collect membership initiation fees as may be established by the Union and forward any application forms and such fees to the Union in the format outlined in Article (B) below, with the regular monthly dues remittance.

(b) The remittance statements hall be documented by location containing a dues and initiation report which will be provided in the form of e-mail ([email protected]) or on a computer diskette as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel, Quattro Pro, Lotus or other software program acceptable and adaptable to the Union. The spreadsheet will be in a format provided by the Union and the Company will provide the following current Information:

1. S.I.N. 2. Employee number if applicable 3. Full name (Last/First/Initials) 4. Full address, including City and Postal Code. 5. Telephone number (including area code) 6. Date of hire 7. Rate of pay 8. Classification

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9. Full-time or part-time designation 10. Union dues deducted (or the reason a deduction was not

made). If dues are deducted weekly, report requires five · (5) columns for reporting.

11. Total dues deducted 12. Back dues owing 13. Vacation pay breakdown of dues owing 14. Initiation fees deducted 15. Total Initiation fees deductea

2.04 In order that the Company may have definite instructions as to what amounts are to be deducted for the above purpose, it is agreed that the Union shall promptly notify the Company, in writing, over the signature of the Financial Secretary of the Local Union, of the amount of the deduction to be made by the Company for regular Union dues and the Company shall have the right to rely on such written notification until it receives other written notification from the Union signed with the same formality.

2.05 The Company, in making the aforesaid deduction, shall have the right to rely upon the signed authorization cards in its possession or furnished to it. The Union agrees to defend and hold the Company completely harmless against all claims, demands, and expenses, should any person at any time contend or claim that the Company has acted wrongfully or illegally in making such checkoff deductions.

2.06 The Company agrees to show the amount of union dues deductions on the employees' T 4 slips at the end of each calendar year.

2.07 The Union acknowledges that members of management regularly perform duties also performed by members of the bargaining unit. The Company agrees that it will not alter its present practice regarding the work done by members of management nor use employees excluded from the bargaining unit for the purpose of causing a lay off or reduction of work for bargaining unit employees.

ARTICLE 3 • BASIC WORK WEEK

3.01 The basic work week shall consist of forty two and one half (42 %) hours per week consisting of daily shifts comprising from 7 hours worked to 10 hours worked spread over a maximum of five days and with two scheduled days off.

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3.02 Meal periods shall be of at least one-half (Vz) hour's duration. It is agreed, however, that this period may be increased and/or reduced by mutual agreement between the Management and an individual employee.

3.03 Part-time Scheduling and,Call-in:

Part-time employees shall be scheduled or called in to work in each geographical area according to their seniority and the employee's availability.

3.04 The provisions of this Article 3 are not to be interpreted as a guarantee of, or a limitation upon the hours of work to be done per day or per week but shall serve to assist the parties in the computation of regular or overtime pay.

ARTICLE 4 - REST PERIODS

4.01 (a) Employees scheduled three (3) hours or more in any one (1) day shall receive one (1) rest period with pay. Employees scheduled six (6) hours or more in any one (1) day shall receive two (2) rest periods with pay. Employees scheduled ten (10) hours or more in any one (1) day shall receive three (3) rest periods with pay. Rest periods shall be fifteen (15) minutes duration and scheduled by the Company as near as practicable to the midway point of the work period.

(b) The Company agrees to provide an uninterrupted, unpaid lunch. or supper period. The Company shall schedule such lunch or supper period as near as practicable to the midpoint of the scheduled shift. The Union agrees employees who work in a level 1 or level 2 branch will take their lunch or supper away from the work place. Employees must take their lunch break unless mutually agreeable between the employee and the Employer.

(c) In no event shall an employee be required to take a rest period within one (1) hour of his starting or quitting time or within one (1) hour of his meal period.

4.02 No employee shall work more than five (5) hours without getting a meal break.

4.03 The Company agrees not to schedule an employee's lunch period prior to the completion of two and one-half (2-1/z) hours of work.

4.04 Employees, when required to report for work and not sufficient work is available, shall be guaranteed four (4) hours' pay in lieu thereof, at their regular hourly rates of pay. This article 4.04 does not apply where the Employer is unable to provide work for any employee because of fire, lightning, power failure, storms or

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similar causes beyond the control of the Employer resulting in the stopping of work or where the Employer has attempted to contact the employee before the scheduled start of the employee's shift.

If part-time employees are called in to work, they shall be guaranteed three (3) hours' pay.

4.05 The Company shall provide each location with time sheets, time clocks, or other recording systems in order to enable employees to record their time for payroll purposes.

ARTICLE 5 -WAGES

5.01 The minimum hourly rate of wages for all employees coming under this Agreement shall be as per Appendix "A" of this Agreement, provided that where an individual employee's weekly or hourly wage is higher, such wage or hourly rate of wages shall not be reduced by reason of this Agreement. The rates of pay provided in Appendix "A" are minimum rates and apply to the job classifications and not to the individual.

5.02 Travel Time:

Any employee who is transferred, at the request of the Company, from one (1) location to another during the regular working day, shall be paid his or her regular hourly rate for all travel time. The Company will provide, where required by the Company, a Company vehicle, public transit fare or taxi fare to any employee the Company requires to transfe~ to another location during the working day.

5.03 Employees shall be compensated for actual expense of public transportation or its equivalent or the actual cost of taxi fare, if such transportation is required by the Company. If employee is required by the Company to use their own vehicle for transportation on Company business, such employee will be provided a

. mileage allowance of 35 cents per kilometre.

5.04 Employees who are required by the Company to pick-up or deliver cars out of town and are required to stay overnight will receive meal allowances equal to $8.00 for breakfast, $10.00 for lunch and $20.00 for dinner if they are required to be out of town for such meals. In addition such employees will be re-imbursed for reasonable hotel or motel expenses on submission of appropriate receipts. Out of town for the purposes of this Article 5.04 is deemed to mean outside the Greater Toronto area as defined in Article 1.01.

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ARTICLE 6 ·OVERTIME

6.01 Overtime will be paid at the rate of time and one half (1-112) the employees regular hourly rate for all time worked in excess of forty two and one half (42 %) hours per week. Employees may be asked to work hours over and above their regularly scheduled hours in a day in exchange forti me off on another day within one week or such longer period as agreed between the employee and the Company. Employee's otherwise required to work hours over and above their regularly scheduled hours for that day will be paid time and one half their regularly hourly rate for all such hours they are required to work. There shall be no pyramiding of overtime hours.

6.02 The following procedure will be used for overtime:

(a) Emergency Overtime:

Shall be equitably distributed, starting with the most senior employee on the current working shift at the branch. If there are no volunteers, the Company shall have the right to request the less senior employee at the branch or at another branch within the geographical area to work.

(b) Planned Overtime:

Employees called in for "Planned Overtime" will be according to seniority at the branch. "Planned Overtime" would be considered to be 48 hours in advance. Anything less than 48 hours would be considered "Emergency Overtime". If there are no volunteers within the branch, the overtime will be offered to other branches within the geographic area. If there are no volunteers the Company shall have the right to request the less senior employee at the branch or at another branch within the geographical area to work.

ARTICLE 7 ·HOLIDAY PAY

7.01 There shall be nine (9) paid holidays for regular employees during the term of this Agreement. These holidays are as follows :

Victoria Day Labour Day Boxing Day

Canada Day Thanksgiving Day New Year's Day

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Civic Holiday Christmas Day Good Friday

In addition to the aforementioned holidays, the Company agrees to grant any other day or part day proclaimed by the Federal or Provincial Government as paid holidays for the purpose of this Agreement.

The above holidays shall be observed on the day generally recognized in the area.

In order for an employee to receive Statutory Holiday Pay, he must not have been voluntarily absent from work on the scheduled work day prior to and following such holiday.

7.02 If an employee is required to work on one ( 1) of the abovementioned holidays, he shall receive time and one-half (1 Vz) his regular rate for all hours worked, in addition to his regular holiday pay.

7.03 Employees shall be given the opportunity of working on paid holidays on the basis of their seniority at the location. Work on paid holidays shall be on a voluntary basis. The Company shall have the right to schedule the required number of employees by reverse seniority at the location, if enough volunteers are not found.

7.04 In a week in which one (1) Statutory Holiday occurs, the normal basic workweek for employees shall be reduced by eight (8) hours for said holiday.

In a week in which two (2) Statutory Holiday occur, the normal basic work week for employees shall be reduced by sixteen (16) hours for said holiday.

7.05 Part-time Holiday Pay:

Part-time employees who average twenty (20) hours per week in the four (4) weeks preceding the week of the Paid Holiday shall receive a minimum of four ( 4) hours' paid holiday pay for each of the Paid Holidays listed in Article 7.01 of this Agreement.

ARTICLE 8- VACATIONS

8.01 Any regular full-time employee with six (6) months service shall be allowed to take onei (1) week vacation with pay at four percent (4%) of earnings or rate of pay, whichever is greater, if vacation is taken this time will be reduced from entitlement of the first year.

8.02 (a) Regular employees shall receive vacation time off with pay as described below.

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1. One year of service:

2 weeks' vacation with pay at his/her regular rate of pay or 4% of gross earnings, whichever is greater.

2. Five years of service:


3. Ten years of service:


4. Eighteen (18) years of service:


8.03 When a paid holiday occurs during an employee's vacation, an extra day's vacation pay will be paid.

8.04 Vacation Schedule:

A vacation request form will beposted at least two (2) months in advance of April 30th ; and all employees who are entitled to request vacations shall indicate on the forms the dates they wish to have vacations. Employees' vacations shall be scheduled in accordance with seniority at the branch. However, after said postings, any further scheduling shall be on a "first come, first served" basis.

During the months of July and August of each year employees will be limited to two (2) consecutive weeks of vacation.

8.05 Employees who request vacation after the posting period must do so in writing at least three (3) weeks in advance of their vacation. The Company will reply in writing within two (2) weeks of receiving the written request. All such requests shall not be unreasonably denied.

8.06 Vacation statement shall be provided by Employer within 7 days of employees anniversary dates upon written request per Employment Standards Act.

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ARTICLE 9- MANAGEMENT RIGHTS

9.01 Except as, and to the extent specifically modified by this Agreement, all rights and prerogatives which the Company had prior to the execution of this Agreement are retained by the Company and remain exclusively and without limitation within the rights of the Company and its Management. Without limiting the generality of the foregoing, the Company's rights shall include:

(a) the right: to maintain order, discipline and efficiency; to make, alter and enforce, from time to time reasonable rules and regulations, policies and practices, to be observed by its employees, to discipline and discharge employees for just cause;

(b) the right: to select, hire and control the working force and employees; to transfer, assign, promote, demote, classify, lay off, recall, suspend, and retire employees; to plan, direct and control operations; to select and retain employees for positions excluded from the bargaining unit and to transfer employees into the bargaining unit;

(c) the right to determine: the location and extent of its operations and their commencement, expansion, curtailment, or discontinuance; the direction of the working forces; the standards of production; the subcontracting of work; the schedules of work and of production; the number of shifts; the methods, processes and means of performing work; job content and requirements; quality and quantity standards; the qualifications of employees, the use of improved methods, machinery and equipment; whether there shall be overtime work; the number of employees needed by the Company at any time and how many shall operate or work on any job, operation, or location; the number of hours to be worked; starting and quitting time. And generally, the right to manage the enterprise and its business without interference are solely and exclusively the right of the Company.

ARTICLE 10- EMPLOYEE AND UNION COOPERATION

10.01 The employee agrees to uphold the rules and regulations of the Company in regard to punctual and steady attendance, proper notification in case of absence, conduct on the job, and all other reasonable rules and regulations, established by the Company.

10.02 The employees agree to cooperate with the Company in maintaining and improving safe working conditions and good housekeeping of the working area and caring for equipment and machinery.

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10.03 The Union agrees to cooperate, if requested by the Company, in correcting inefficiencies of its members which might lead to discharge.

The parties agree to have a Joint Labour-Management Committee made up of two (2) from the management and two (2) from the bargaining unit. There shall be quarterly meetings and the meetings shall be held at a time and place fixed by mutual agreement. The Committee will meet to discuss matters of mutual concern. The Union Representative and an additional member of management may attend these meetings whenever possible.

10.04 (a) The Company agrees that it will not discriminate against any employee for reporting to the Union the violation of any provisions of the Agreement or for performing services on a Union Committee outside working hours.

(b) Both parties agree to adhere to the provisions of the Ontario Human Rights Code.

(c) NO SEXUAL HARASSMENT

The Company and Union agree that the locations covered by this agreement should be free of sexual harassment and the Company and the Union agree to cooperate with each other in preventing and eliminating sexual harassment.

10.05 (a) The Company agrees to recognize two (2) appointed or elected representatives of the Union from each geographical area who sh,all be seniority employees and shall be known as the Union Stewards.

(b) The Union will inform the Company in writing of the names of the stewards and of any subsequent change thereof. Failure to so inform the Company in writing shall mean that the Company shall not be obliged to recognize such stewards.

(c) Authority of Steward: the authority of the Steward designated by the Union shall be limited to and shall not exceed the following duties and activities:

(i) Investigation and presentation of grievances in accordance with the provisions of the Agreement during his working hours, without pay after one-half ('12) hour, upon appointment with his supervisor or the Company's representative.

(ii) The transmission of such messages and information which shall originate with and are authorized by the business agent, provided

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10.06

10.07

10.08

10.09

such messages and information have been put in writing or, if not in writing, are of a routine nature and do not involve work stoppage, slowdowns or any other interference with the Company's business.

(iii) The Company agrees to afford the steward( s) up to fifteen ( 15) minutes to meet new employees and acquaint them to the fact there is a Collective Agreement in effect and to generally welcome the new member(s) to the Bargaining Unit.

(iv) The Union will encourage stewards to attend training courses so that they may better understand their role and the collective agreement.

(v) It is understood that a Steward appointed under this Article must obtain permission from his manager before leaving his duties or his branch to attend to the duties outlined in this Article, such permission not to be unreasonably withheld. It is understood that· Company vehicles shall not be used by Union Stewards to conduct Union business.

It is agreed that the Negotiating Committee for the bargaining unit shall be composed of up to three (3) employees. The Company will pay the Negotiating Committee and bill the Union for half the cost of the Committee. The Company will also pay half the cost of the meeting rooms up until either party requests the presence of a Conciliation Officer.

Should any new job classification or classifications become necessary during the term of this Agreement, the parties agree that the rate of pay for such new classification shall be negotiated between them; provided, however, that in the event the parties are unable to agree, the employee shall work at whatever rate shall be set by the Company and the matter shall be submitted to final offer selection arbitration, and the parties shall abide by the result of the arbitration.

The Company agrees to use a number system to identify Customer Service Representatives on Rental Agreements with the employee's signature on the Rental Agreement.

A seniority employee shall have the right to have a Union Steward present at any formal meeting with management the purpose of which is to discipline or discharge the employee including any meeting involving discipline or discharge related to performance. Where a seniority employee is suspended or discharged, the employee shall have the rightto consult a Union Steward before and during attending any meeting with management. If a Union Steward is not immediately available the employee shall leave the premises and the Company will inform the Union of the suspension or discharge. A meeting will be arranged

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within the next two (2) business days at which time the discipline will be formally issued. The employee and the Union Steward shall attend such meeting. The Union Steward shall leave the meeting if requested to do so by the employee. Where the Company fails to follow the procedure any discipline issued will not form part of the employee's file.

ARTICLE 11 ·DISCHARGE OF EMPLOYEE SUBJECT TO ARBITRATION

11.01 If an employee is of the opinion that there has been an improper dismissal and same is not adjusted by mutual agreement and the Union has submitted to the Company a grievance in writing signed by the employee concerned, then such dismissal may constitute a grievance to be adjusted through utilizing the procedure under the Grievance and Arbitration sections of this Agreement.

This section does not apply in the case of any dismissal of an employee for any reason whatsoever where such employee has not completed his probationary period or where any employee has been found unacceptable to the Company's Bonding Policy. The dismissal of an employee during his probational period shall be for cause or for no cause, and is at the sole discretion of the Company. A notice will be given to the Union upon termination of an employee who the Bonding Company refuses to bond.

ARTICLE 12- NOTICE REQUIRED OR PAY REQUIRED IN LIEU OF NOTICE IN CASES OF DISMISSAL

12.01 In the event a seniority employee is permanently laid off and/or terminated other than for just cause, such employee shall be entitled to the notice, or pay for same period in lieu of notice as per The Employment Standards Act.

It is understood that the aforementioned notice requirements shall not be required if such employee has been hired for a definite term or task; has been temporarily laid off; has been terminated for just cause; or has been offered reasonable alternate work.

12.02 Sunset Clause

When an employee has worked eighteen (18) consecutive months with no new written reprimands of a similar nature on his or her file the Company will not use such past documentation when addressing future discipline. An employee may request to see their personal file and such request will not be denied, every twelve (12) month period.

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ARTICLE 13 ·LEAVE OF ABSENCE

13.01

13.02

13.03

13.04

13.05

13.06

13.07

Leave of Absence shall mean an absence from work requested by an employee and consented to by the Company. Leave granted shall be in writing covering a specified period of time. All requests for leave must be in writing at least four (4) weeks in advance of the leave. The company will respond in writing within two (2) weeks of receiving the written request and no such leave shall be unreasonably denied. In the case of a proven emergency the Company will agree to consider the request as expeditiously as possible. Leave of Absence shall be permissive only and shall be without pay or any other form of compensation, and the employee shall not work in any other position, except for such positions referred to in Article 13.06 herein, during such Leave of Absence unless agreed to by the Company in writing. At the Company's discretion the Company may pay for the continuation of benefits for any approved leave with the exception of paying for L TO and Pension benefits.

The Company may grant Leave of Absence to any employee for legitimate personal reasons.

If an employee is unable to reportforwork at the expiry of this absence, he shall, unless it is impossible to do so, notify the Manager before the start of his next shift.

The Company agrees to allow time off work without pay for one ( 1) delegate elected to attend Union Conventions or designated to attend negotiations for a period of not more than ten (10) working days a year. Requests for more than one (1) delegate shall be decided by mutual agreement between the Company and the Union. The Union will give the Company two (2) weeks' notice in regard to such request to attend conventions.

Any such Leave of Absence will be in writing and no such Leave of Absence will affect any employee's seniority rights when used for the purpose granted provided he returns to work at the expiration of his leave.

The Company agrees to grant time off without pay and without discrimination to not more than one (1) employee designated by the Union for a maximum of six (6) months or a longer period as may be mutually agreeable, to serve in any capacity of official Union business. Any employee who has been granted Leave of Absence to serve the Union in an official capacity shall neither lose or gain seniority upon his returning to work.

Leaves of absences as indicated in Articles 13.01, 13.02, 13.03, 13.04, 13.05 and 13.06 shall not be withheld in an arbitrary manner.

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13.08 Pregnancy and Parental Leave/Emergency Leave

Employees will be entitled to pregnancy, parental and emergency leave as per the Employment Standards Act 2000. During such leave the employer agrees to pay for the continuation of all benefits for the duration of the leave.

13.09 It is understood that all leaves of absence under this agreement including but not limited to, sick leave, personal leave, bereavement leave, whether paid or unpaid, provide a greater benefit to employees within the meaning of S.5(2) of the Employment Standards Act 2000 than the Employment Standards Act leave provided in part XIV and in Section 50 of the Employment Standards Act 2000, such that statutory emergency leave shall not apply to employees under this agreement.

ARTICLE 14- JURY DUTY

14.01 Each employee who is summoned to and reports for jury duty, as prescribed by applicable law, (subject to the eligibility requirements set out below) shall be paid by the Company the difference between the employee's regular base rate exclusive of premiums for the number of hours that he otherwise would have been scheduled to work and the daily jury duty fee paid by the Court (not including travelling allowance or reimbursement of expenses). In order to receive payment under this section, an employee must meet all of the following eligibility requirements:

(a) the employee shall notify the Company of his Court commitment prior to the preparation of the schedule for the week involved;

(b) the employee shall furnish satisfactory evidence to the Personnel Manager that he reported for and performed jury duty on the days for which he claims payment; and

(c) the employee would otherwise have been scheduled to work for the Company on the day or days for which he claims payment.

ARTICLE 15- BEREAVEMENT PAY

15.01 Employees shall be granted time off from work with pay to a maximum of three (3) consecutive scheduled work days, in the event of C1 death in the immediate family, the length of such leave shall be determined by the Company provided the employee attends the funeral, whenever possible.

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15.02

15.03

The term "immediate family" shall mean spouse, parent, child, brother or sister, mother-in-law, father-in-law, common-law spouse, or grand-parents.

In addition to the above, the Company agrees to grant employees the necessary time off from work with pay, to a maximum of one (1) full day at the time of the death of the employee's brother-in-law or sister-in-law or son-in-law or daughter-in-law, provided the employee attends the funeral whenever possible.

Part-time employees, if previously scheduled to work on the day in question, shall be granted one (1) day off with pay in the event of a death in the family as long as the employee attends the funeral whenever possible. "Family" shall mean spouse, parent, child, brother or sister, mother-in-law or father-in-law, grandparents, brother-in-law or sister-in-law or son-in-law or daughter-in-law or common-law spouse.

ARTICLE 16- NO STRIKE OR LOCKOUT

16.01 The Union undertakes and agrees that while this Agreement is in operation neither the Union nor any employee shall take part in or call or encourage any strike, picketing, sitdown, slowdown, or any suspension of or stoppage of or interference with work or production which shall in anyway affect the operations of the Company, nor shall there be any sympathy strikes or secondary boycotts, and the Company agrees that it will not engage in any lockout during the term of this Agreement.

ARTICLE 17- SENIORITY

17.01 (a) Seniority shall be defined as the length of continuous employment with the Company in the bargaining unit. Seniority shall be effective only after a full-time employee has completed a ninety (90) calendar day probationary period and shall be computed from the date of his first employment. Seniority shall be effective only after a part-time employee has completed a one hundred and twenty (120) calendar day probationary period and shall be computed from his first day of employment.

(b) Part-time employees, after working 160 hours would be considered as having equivalent to one month's service for seniority purposes.

17.02 (a) Seniority shall be the governing factor in matters of demotion, layoff, reduction to part-time and re-hire after layoff provided the employee has the capability and willingness to perform the work required.

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(b) In cases of filling permanent job vacancies and promotions, the following factors shall be considered:

(i) seniority;

(ii) general knowledge of the business and ability.

Where the factors in (ii) are relatively equal, then (i) shall be the governing factor.

(c) All vacancies will be posted for five (5) working days. However, such postings shall be limited to the original posting and one additional posting for any vacancy created as a result of filling the original posting.

17.03 Termination of employment and loss of seniority shall result if the employee:

(i) is duly discharged by the Company;

(ii) voluntarily quits or resigns;

(iii) has been laid off continuously for a period of more than twelve (12) months;

(iv) is called back to work after a layoff and does not return within two (2) weeks of such notification by the Company by registered letter to the last known address of the employee;

(v) fails to return to work on the completion of an authorized Leave of Absence and or vacation unless such failure is due to provable sickness;

and

(vi) is absent for three (3) consecutive working days without notifying the employer.

17.04 Any employee transferred or promoted to a position outside the bargaining unit shall lose all seniority rights under the Collective Agreement three (3) months after the date of the transfer out of the bargaining unit.

17.05 The Company, when reducing hours of work, agree they will not reduce the regular scheduled hours of the full-time employee for the purpose of replacing such hours with part-time or casual help.

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17.06 Full-time employees reduced to part-time status will maintain their seniority and their full-time rate of pay.

17.07 For the purposes of seniority, when a part-time employee is promoted to full-time status, the following method of calculating wage and seniority will be utilized:

For every one hundred and sixty (160) hours worked, the employee will be credited with one (1) month's seniority.

17.08 Employees will be placed on the seniority list based on their length of continuous employment with the Company.

17.09 In the event of a layoff, an affected employee will be allowed to bump by location seniority, then by geography, then by overall seniority.

ARTICLE 18- ADJUSTMENT OF GRIEVANCES

18.01

18.02

18.03

18.04

Any complaint, disagreement or difference of opinion between the Company and the Union or the employees covered by the Agreement which concerns the interpretation, application, operation, or alleged violation of the terms and provisions of this Agreement, shall be considered as a grievance.

Any employee, the Union or the Company may present a grievance. Any grievance which is not presented within ten (1 O) days following the event giving rise to such grievance, or within ten (10) days from the time the circumstances upon which the grievance is based were known, or should have been known, to the grievor, shall be forfeited and waived by the aggrieving party.

All grievances except those submitted as a verbal complaint by the employee to his immediate superior shall be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved party, the Company shall then reply in writing to the Union's letter setting forth its answer to the points raised by the Union.

The procedure for adjustment of grievances and disputes by an employee shall be as follows:

STEP ONE: by a discussion between the employee and the Union Steward and the employee's immediate superior and/or Manager. If a satisfactory settlement cannot be reached within five (5) days, then upon the response from the Company:

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STEP TWO: the Union representative(s) may take the matter up with the Company's official(s) designated by the Company to handle labour relations matters. If a satisfactory settlement cannot be reached, then within twenty (20) days from the date the Step 2 response has been received from the Company, the matter may be referred to the Arbitration Board as hereinafter provided.

ARTICLE 19 ·BOARD OF ARBITRATION

19.01 If the Union and the Company representatives cannot reach an adjustment, upon request of either party the grievance shall be submitted to a Board of Arbitration composed of three (3) members or a chairman only if agreeable to both parties.

The Company and the Union shall each select one (1) member and the third member shall be elected by mutual agreement of the two (2) members first elected. The third member shall be impartial and possess skill and knowledge of labour management relations. The third member shall act as Chairman of the Board. If agreement cannot be reached within seven (7) days in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the Minister of Labour of the Province of Ontario who shall appoint one. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration.

The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation that it deems essential to a full understanding and determination of the issues involved. In reaching its decision, the Arbitration Board shall be governed by the provisions of this Agreement.

The findings and decision of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on all parties.

It is the intention ofthe parties that this article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this article.

The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration.

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ARTICLE 20 ·BENEFITS

20.01 The Company agrees to pay 80% of the premiums and 20% will be paid by the employees. The Company further agrees to maintain its employee benefit program containing but not limited to the following benefit package: life insurance, accidental death and dismemberment, medical, and long term disability, pension plan.

20.02

20.03

20.04

The ODA (fee guide) shall be current effective upon ratification. Company further agrees to provide optical coverage of $125.00 per person in any 24 month period.

The Company will provide the Union with copies of such programs.

For employees who have completed one (1) year of service with the Company, the Company agrees to pay fifty percent (50%) of the required O.H.I.P premiums for its full-time employees.

Should the Ontario Government revert back to a premium paid health plan, negotiation would take place at that time, and would temporarily revert back to original agreement.

Paid Sick Time:

After six (6) months of full time service, full time employees shall be credited with three (3) sick days with pay and after a full year of full time service they shall be credited with an additional seven (7) sick days with pay.

On January 1st of each year, the full-time employees shall again be credited with ten (10) sick days, with pay.

Said sick days shall not be cumulative from year to year. The employee may be able to use these paid sick days at any time during the year. Any unused sick days for the twelve (12) months ending December 1st of each year will be paid out to that employee at one hundred percent (100%) oftheircurrentwage, in the last pay period previous to December 25th.

Pension Plan:

The Company agrees to allow all employees to enroll in the company Pension Plan as explained in the Company Benefit Booklet and "A Pension Plan Description for Employees".

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ARTICLE 21 • BUSINESS AGENTS' VISITS

21.01 The authorized business agents or representatives shall be permitted to talk with any employee regarding Union matters, during regular working hours. All interviews in excess of fifteen (15) minutes shall not be on Company time. It is understood that such representatives shall first notify the supervisor of their presence.

ARTICLE 22 • BULLETIN BOARDS

22.01

22.02

The Company agrees that during the term of this Agreement, it will make space available to the Union on the existing bulletin board in each of its branches, for the purpose of posting notices directly relating to the employees of that branch. All notices must receive prior Management approval before posting. Such Management approval shall not be unreasonably withheld.

Each location shall have a seniority list posted and updated every six (6) months starting January 1, 2006.

ARTICLE 23 ·APPAREL

23.01 The Company shall supply employees with proper uniforms. The Company will further supply those employees working in cold temperatures with jackets, hats, raincoats, winter parkas, maintained where required by the Company.

23.02

23.03

Employees will be permitted turtle neck sweaters as part of their uniform if they choose to do so provided such turtlenecks are worn under the approved uniform.

All employees are to be in uniform at all times provided the Company has ensured the employee has been provided with the required uniform.

The Company agrees to provide uniforms as prescribed by the Corporate Identity Program.

The Company agrees to provide a safety shoe allowance of up to eighty ($80.00) per year to service attendants on presentation of appropriate receipt. Such safety shoes are to be worn at all times.

Effective upon ratification, the Company shall pay a cleaning allowance of $25 per month to all employees.

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Effective 09/01/06, the Company shall pay a cleaning allowance of$35 per month to all employees.

Effective 09/01/07, the Company shall pay a cleaning allowance of$45 per month to all employees.

ARTICLE 24 ·CHARITABLE DONATIONS

24.01 While the Company and the Union are fully in favour of charitable causes, it is agreed that employees' donations to charity funds shall be on a strictly voluntary basis.

ARTICLE 25 • DECENT LANGUAGE

25.01

25.02

The employer and the employees, in their relations with one another and with their clients, and the public, shall, at all times, use polite and decent language.

The parties agree to collaborate with a view to rapidly correcting any situation where impolite language would be brought to their attention.

ARTICLE 26- HEALTH & SAFETY

26.01 (a) Advances in Cases of Working Accidents:

26.02

In the event an employee is unable to complete his shift, such employee shall be paid by the Employer for the remaining hours of the shift which he would have worked except for the accident. The aforesaid payment is conditional upon the continuation of the present situation whereby the Workers' Compensation Board of Ontario does not pay compensation for the first day of an industrial accident.

(b) The employee will provide the Company from time to time with updated medical information and expected date of return.

(a) Joint Health and Safety Committee:

There shall be a Health and Safety Committee as per the Occupational Health and Safety Act of Ontario. The Health and Safety Committee shall be composed of at least two (2) members of Management and two (2) bargaining unit employees elected or appointed by the Union. The Committee shall meet at least once every three (3) months. Minutes of the meetings shall be kept and shall be posted in all branches, along with the names of the members of the Committee.

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Anyone who has a Health and Safety concern shall contact his manager and the Health and Safety committee. Such meeting shall be held during the employe.e's regular working hours.

(b) Reinstatement under Bill 162 - Workers' Compensation Act.

The Company agrees to notify the Union about any and all cases in which injured workers are being accommodated under Bill 162 of the Workers' Compensation Act.

ARTICLE 27- MEDICAL ABSENCE AND MEDICAL LEAVE

27.01 An employee who is absent from work as a result of illness or injury whether work related or otherwise for a period of time longer than three (3) consecutive days, or more than five (5) non-consecutive days in a three (3) month period may be required by the Company to furnish appropriate medical evidence of such illness or injury. If requested, the Company will reimburse the employee a maximum of $10.00 for the cost of the note if a fee was charged (with receipt}.

In the event of an employee being off work for an extended period of time, such employee may be required from time to time to provide medical evidence to the company of such employee's medical condition.

In the event the Company disputes such medical evidence, the employee will be referred to an independent medical examiner mutually agreeable to the company and the Union and the opinion of such independent medical examiner shall be binding on all parties, including the employee. The Company shall be responsible for paying the cost of such examination. The employee will be reimbursed for any lost time from work resulting from attendance at such examination. The Union will fulfill their obligations under this clause.

ARTICLE 28 - GENERAL

28.01

28.02

The Company will provide all employees appropriate identification cards.

The Company will provide the Union with a seniority list, updated quarterly, which will be sent to the Union Office.

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ARTICLE 29 • DURATION

29.01 This agreement shall become effective on the 1st day of September 2005 and shall remain in full force and effect until August 31st, 2008 and thereafter shall continue to operate for successive terms of one (1) year unless either party gives to the other written notice of termination or of its desire to bargain with a view to the renewal of the Agreement or the making of a new Agreement. Such written notice may be given within the period of two (2) months before this Agreement ceases to operate or during a similar two (2) month period at the end of each year that this Agreement continues to operate.

I.. · t4 I A f DATED AT f\1\,!'.ssls'<••wol,'l ONTARIO, THIS 12. DAY OF fVt"'"'c_.\.A .. , 20 o6.

:0 -

BUDGETCAR INC. (CITY) UNITED FOOD & COMMERCIAL WORKERS CAN LOCAL 175

25

TIMING

Start 6 months 12 months 18 months 24 months

TIMING


TIMING


09/01/05

$12.60 $12.90 $13.20 $13.65 $14.00

MEMORANDUM OF SETTLEMENT PROGRESSIONS

HIRED PRIOR TO RATIFICATION

CSRIFLOATERS 03/01/06 09/01/06 03/01/07

$13.10 $13.40 $13.70 $14.15

$14.35 $14.70 $15.05

09/01/07

$13.60 $13.90 $14.20 $14.65 $15.40

COUNTER SERVICE ATTENDANTS (JOCKEYS) 09/01/05 03/01/06 09/01/06 03/01/07 09/01/07

$11.10 $11.60 $12.10 $11.40 $11.90 $12.40 $11.70 $12.20 $12.70 $12.15 $12.65 $13.15 $12.90 $13.25 $13.60 $13.95 $14.30

SERVICE ATTENDANTS 09/01/05 03/01/06 09/01/06 03/01/07 09/01/07

$10.80 $11.30 $11.80 $11.10 $11.60 $12.10 $11.40 $11.90 $12.40 $11.85 $12.35 $12.85 $12.60 $12.95 $13.30 $13.65 $14.00

26

03/01/08

$15.75

03/01/08

$14.65

03/01/08

$14.35

' .

TIMING


TIMING

Start 6 months

12 months 18 months 24 months

TIMING

Start 6 months

12 months 18 months 24 months

MEMORANDUM OF SETTLEMENT PROGRESSIONS

HIRED AFTER RATIFICATION

CSR!FLOATERS 09/01/05 09/01/06

$12.15 $12.15 $12.45 $12.45 $12.75 $12.75 $13.20 $13.20 $13.65 $14.00

COUNTER JOCKEY 09/01/05 09/01/06

$10.65 $10.65 $10.95 $10.95 $11.25 $11.25 $11.70 $11.70 $12.55 $12.90

SERVICE ATTENDANTS 09/01/05 09/01/06

$10.35 $10.35 $10.65 $10.65 $10.95 $10.95 $11.40 $11.40 $12.25 $12.60

09/01/07

$12.15 $12.45 $12.75 $13.20 $14.35

09/01/07

$10.65 $10.95 $11.25 $11.70 $13.25

09/01/07

$10.35 $10.65 $10.95 $11.40 $12.95

Employees will be placed on the above grid based on their service date.

The normal practice of the Company in respect to employees who are promoted to a higher classification is that such an individual will not suffer a wage loss but instead will be placed at the next wage progress level in the new classification.

Signing bonus: All employees actively employed at ratification will receive $450.00 less· minimum statutory deductions, paid within seven days of ratification.

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· LETTER OF UNDERSTANDING #1

RE: VEHICLE MAINTENANCE

The Union and the Company agree that employees shall not be required to perform mechanical repairs on vehicles except for the following:

- boosting battery where necessary -changing tires - replacing light bulbs and fuses -checking and maintaining appropriate fluid levels -checking and adjusting tire pressure

The Company agrees to provide appropriate training as required.

FOR THE EMPLOYER

28

LETTER OF UNDERSTANDING #2

RE: GEOGRAPHIC AREAS

The Company currently operates using four geographic areas. The Company has provided to the Union a list of such areas and the branches in it.

The Company agrees that for the term of this Collective Agreement the Company will operate with a minimum of four and a maximum of six such areas. The Company further agrees to give the Union thirty days notice of any changes in such geographic areas and to notify the Union accordingly.

FOR THE EMPLOYER

29


RE: UFCW LOCAL 175 TRAINING AND EDUCATION FUND

It is agreed that the Company will donate one thousand five hundred dollars ($1 ,500.00) each year to the Local175 Education and Training Fund on October 1st of 1996, and on September 1st of each subsequent year of the Collective Agreement.

FOR THE EMPLOYER FOR THE UNION

30


RE: DAMAGE TO VEHICLES

The Union understands that employees in the bargaining unit as part of their regular duties are required to drive Company vehicles. The Union further recognizes that carelessness or negligence can result in significant damage to such vehicles.

The parties therefore agree that employees are expected to use reasonable care in the operation of such vehicles and that the Company has the right to discipline employees for carelessness or negligence in the operation of such vehicles. Where such carelessness or negligence involves damage to a vehicle and the Company imposes discipline involving a financial penalty to the employee concerned, the employee concerned shall have the right to obtain an independent estimate from a reputable dealer if the employee disputes the amount of damage as determined by the Company.·

DATEDAT P~1CSr£'?. ""--" p THIS nrtDAYOF M_ .... ycJ.~ ,20 oG.

FOR THE EMPLOYER

"~~ Jb!WcL ~u-~"'-~·

31 .


RE: WORKING THROUGH VACATIONS

If an employee requests, for hardship reasons, that he/she would work through their vacation and be paid their wages, the Company will, at its discretion, consider that request.

The Company believes that all employees need their vacation time away from work for rest and relaxation.

If the Company gives permission for said request, it is understood that the employee will not request the time off without pay at a later date as they have used that portion of their vacation for that year.

All such requests will be in writing at least four (4) weeks in advance.

The employee must agree to sign a document stating that he or she agreed to and requested to work through their vacation.

The Company will respond to this request within two (2) weeks in writing.

DATED AT ~_gs,·ss<>--v-8'7'- THIS /?, 0 DAY OF Mo-l~ 20 a6·.

FOR THE EMPLOYER

Budgetcar Inc (City) Expiry: August 31, 2008 JA/ab CEP 571-0

FOR THE UNION

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