oakville cover:Layout 1 · oakville cover:Layout 1 10-08-04 3:50 PM Page 1. COLLECTIVE AGREEMENT...

Collective AgreementBetween

Suncor Energy Products Inc.Oakville Terminal

and

Communications, Energy & PaperworkersUnion of Canada Local 593-O

May 10, 2010 – January 31, 2013

oakville cover:Layout 1 10-08-04 3:50 PM

COLLECTIVE AGREEMENT

This Agreement made the 10th day of May, 2010

between

SUNCOR ENERGY PRODUCTS INC. (hereinafter called the‘Company’)

OF THE FIRST PART

and

COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OFCANADA

on behalf of C.E.P. Local 593-O, Oakville Terminal (hereinaftercalled the ‘Union’)

OF THE SECOND PART

Whereas the Union has been certified by the Labour RelationsBoard (Ontario) as the exclusive bargaining representative of allemployees of the Company at its Oakville Terminal, save andexcept Dispatchers, Distribution Analyst, Supervisors, those abovethe rank of Supervisor, sales staff, marketing staff, office andclerical staff (not including the Clerk Classification referred to inAppendix “A’ hereto), Personnel Assistant and the Secretary;

And whereas the Company recognizes the Union as the bargainingrepresentative of such employees of the Company as aforesaid;

Now this Agreement witnesseth as follows:

JANUARYS M T W T F S

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MARCHS M T W T F S

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MAYS M T W T F S

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JULYS M T W T F S

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SEPTEMBERS M T W T F S1 2 3 4 5 6 78 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30

NOVEMBERS M T W T F S

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FEBRUARYS M T W T F S

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APRILS M T W T F S

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JUNES M T W T F S

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16 17 18 19 20 21 2223 24 25 26 27 28 2930

AUGUSTS M T W T F S

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OCTOBERS M T W T F S

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DECEMBERS M T W T F S1 2 3 4 5 6 78 9 10 11 12 13 14

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2013

JANUARYS M T W T F S1 2 3 4 5 6 78 9 10 11 12 13 14

15 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31

MARCHS M T W T F S

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MAYS M T W T F S

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JULYS M T W T F S1 2 3 4 5 6 78 9 10 11 12 13 14

15 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31

SEPTEMBERS M T W T F S

12 3 4 5 6 7 89 10 11 12 13 14 15

16 17 18 19 20 21 2223 24 25 26 27 28 2930


1 2 34 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30


1 2 3 45 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29

APRILS M T W T F S1 2 3 4 5 6 78 9 10 11 12 13 14

15 16 17 18 19 20 2122 23 24 25 26 27 2829 30

JUNES M T W T F S

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10 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 30

AUGUSTS M T W T F S

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12 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31


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14 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31

DECEMBERS M T W T F S

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2012

TABLE OF CONTENTS

Article Subject Page

I. Recognition ......................................................1

II. Relationship ......................................................1

III. Management Rights ........................................3

IV. Union Representation ......................................4

V. Grievance Procedure ........................................5

VI. Arbitration ........................................................7

VII. Personnel Relationships ....................................9

VIII. Discharge Cases ................................................9

IX. Strikes and Lockouts ......................................10

X. Seniority, Promotions, Demotions, Layoffs& Re-employment ..........................................10

XI. Job Security ....................................................14

XII. Hours of Work & Overtime ..............................16

XIII. Vacations ........................................................18

XIV. Recognized Holidays ......................................19

XV. Wages ............................................................21

XVI. Welfare ..........................................................23

XVII. Safety & Health ..............................................23

XVIII. General Leave of Absence................................24

XIX. Leave of Absence for Union Business ..............24

XX. Duration of Agreement....................................25

XXI. Technician Progression ....................................25

Appendix 'A' Wages Scales ............................................28

Appendix 'B' Mutual Shift Exchange Form ....................29

Appendix 'C' Rate Protection ........................................30


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MARCHS M T W T F S

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MAYS M T W T F S1 2 3 4 5 6 78 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31

JULYS M T W T F S

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10 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031


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1 2 3 4 56 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30


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13 14 15 16 17 18 1920 21 22 23 24 25 2627 28

APRILS M T W T F S

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10 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 30

JUNES M T W T F S

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12 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30

AUGUSTS M T W T F S

1 2 3 4 5 67 8 9 10 11 12 13

14 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31


12 3 4 5 6 7 89 10 11 12 13 14 15

16 17 18 19 20 21 2223 24 25 26 27 28 2930 31


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2011

Appendix 'D' Letter of Understanding –Employment Security ................................31

Appendix 'E' Memorandum of Agreement –Employment Security ................................33

Appendix 'F' Memorandum of Agreement – Safety, health and Industrial Relations Training ....35

Appendix 'G' Letter of Understanding – Joint Training ....37

Appendix 'H' Letter of Understanding – Transfers Between Bargaining Units ........................39

Appendix 'J’ Letter of Understanding – Health, Safety and Industrial Relations Training Fund........40

Appendix 'K’ Letter of Understanding –Employment Relationship ..........................41

Appendix 'L' Re: WCB Supplement ..............................43

Appendix ‘M’ Successorship Rights ................................44

Appendix ‘O’ Benefit Plans ............................................45

Appendix ‘P’ Health Care Spending Account (HCSA) ....46

Appendix ‘Q’ Re: Petro-Canada Retirement Plan ............48


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MARCHS M T W T F S

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MAYS M T W T F S

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JULYS M T W T F S

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11 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31


1 2 3 45 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30


1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30


1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728

APRILS M T W T F S

1 2 34 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30

JUNES M T W T F S

1 2 3 4 56 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30

AUGUSTS M T W T F S1 2 3 4 5 6 78 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31


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2010

APPENDIX “Q”

Communications, Energy and Paperworkers Union of Canada#1900, 350 Albert StreetOttawa, OntarioK1R 1A4

March 6, 2001

Attention Mr. Brian PaynePresident

Dear Brian:

Re: PETRO-CANADA RETIREMENT PLAN

Petro-Canada has provided and will continue to provide to the CEPNational Office (or its designate) copies of the pension plan textapplicable to our employees. Copies of any amendments made to thetext will be provided when they are filed with the regulatory bodies.The Company will also continue to provide copies of actuarial valuationsfiled with applicable federal or provincial regulatory bodies.

Yours truly,

Garth LockwoodManager, Employee BenefitsPetro-Canada

ARTICLE I - RECOGNITION

1.01 The Company recognizes the Union as the exclusivebargaining agent for all its employees employed at andworking out of its Oakville Terminal situated in the Town ofOakville, in the Regional Municipality of Halton, save andexcept Dispatchers, Distribution Analyst, Supervisors, thoseabove the rank of Supervisor, sales staff, marketing staff,office and clerical staff (not including the Clerk classificationreferred to in Appendix “A” hereto), Personnel Assistant andthe Secretary.

1.02 The use of the word ‘employee’ or ‘employees’ where usedin this Agreement shall mean persons covered by thisAgreement. An employee who is covered by this Agreementand is laid off shall cease to be a part of the employer-employee relationship and shall not, in any respect, becovered by the provisions of this Agreement, except for rightof recall.

1.03 Any reference in this contract to the male gender will be readas referring to both sexes.

ARTICLE II - RELATIONSHIP

2.01 The parties hereto mutually agree that any employee of theCompany covered by this Agreement may become a memberof the Union if the employee desires to do so, and mayrefrain from becoming a member of the Union if theemployee so desires.

2.02 The Company agrees that there will be no discrimination,restraint or coercion exercised or practiced by the Companyor by any of its representatives with respect to any employeebecause of the employee's membership in, or in connectionwith the Union.

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• it is clearly understood that the HCSA and lump sum payment arenot part of any of the CEP’s collective bargaining agreements withPetro-Canada and as such, they are not subject to either thecollective bargaining process or the grievance procedure

It is recognized that other parties may choose to apply the value ofthese lump sum payments differently than Petro-Canada.

Yours truly,


47

2.03 The Union agrees that there will be no intimidation, restraintor coercion exercised or practiced upon persons employed bythe Company by any of its members or representatives andfurther agrees that there will be no Union activity on theproperty and/or time of the Company except as hereinprovided.

2.04 It is agreed between the parties that they will adhere to theprinciples set out in the Ontario Human Rights Code and anyalleged breach of these principles may be dealt with throughthe grievance procedure set out in this agreement.

2.05 As a condition of employment, the Company will deductfrom the wages of all present and future employees in theBargaining Unit, the amount of the regular monthly dues andassessments as designated by the Financial Secretary of theLocal Union. Such deductions are irrevocable and will bededucted from the earnings on the first pay day in thecalendar month following hiring and on the first pay day ineach calendar month thereafter.

2.06 The total sum of the amount so deducted will be transmittedby the Company to the Financial Secretary of the Local Unionwithin ten (10) days after such deductions are made,accompanied by a list of employees from whose pay suchdeductions have been made.

2.07 The first one hundred and twenty (120) days of employmentfor any employee shall be considered a probationary periodand the company may consider it advisable to terminate theservice of an employee during this period. Such actions shallnot be made the subject of a grievance under Article V of thisAgreement. The time limit set out in this article may beextended by mutual agreement of the parties.

2.08 SEXUAL OR WORKPLACE HARASSMENT

The Company and the Union recognize the right of allemployees to work in an environment free from sexual or

2

workplace harassment and to be treated fairly and withrespect in the workplace. It is the intention of the Companyand the Union to provide a workplace environment that isproductive and promotes both the dignity and the self-esteem of all employees.

For the purposes of this provision, Sexual Harassment meansany unwelcome behaviour of a sexual nature that causesoffense or humiliation to any employee or that might beperceived by that employee as placing a condition of a sexualnature on any employment relationship.

Workplace Harassment means any unwelcome behaviourwhich creates an intimidating, threatening or hostile workenvironment such that an employee's performance isimpaired, the employment relationship is adversely affectedor the employee's dignity or respect is denied.

ARTICLE III - MANAGEMENT RIGHTS

3.01 The Union acknowledges that it is the exclusive function ofthe Company, among others, to:

(a) Maintain order, discipline and efficiency;

(b) Hire, promote, demote, suspend, discharge for justcause, lay off, assign to shifts, transfer employees andincrease or decrease the working force;

(c) Generally to manage and operate its business in allrespects in accordance with its commitments andresponsibilities. The location of the plants, the productsto be manufactured and marketed, the schedules ofproduction, the methods, processes and means ofmanufacturing and marketing are solely and exclusivelythe responsibility of the Company. The Company alsohas the right to make and alter, from time to time, rulesand regulations to be observed by the employees.

3

APPENDIX “P”


March 6, 2001


Dear Brian:

Re: HEALTH CARE SPENDING ACCOUNT (HCSA)

As you are aware, Petro-Canada’s HCSA is a private health plan whichis governed by federal taxation legislation. Participation in the plan givesyour members the opportunity to pay for health-related expenses in atax effective manner. The plan can cover most health and dentalexpenses which are not covered under Provincial Medicare or theCompany’s Supplementary Health and Dental Care plans. The benefityour members receive results from a tax savings as they are paying forthese expenses with before tax dollars.

Petro-Canada is prepared to provide two - two hundred dollar($200.00) lump sum payments to each of your members personal HCSAbased on the following understanding:

• only those members who participate in the CEP’s NationalBargaining Program will be eligible for this lump sum payment

• the first ($200.00) lump sum payment will be effective January 1,2002

• the second ($200.00) lump sum payment will be effectiveJanuary 1, 2003

• all the terms and conditions of the current HCSA will apply to theuse of this lump sum payment, i.e., the HCSA official plandocuments will govern

46

3.02 It is agreed that these enumerations will not be deemed toexclude other rights or functions of Management not hereenumerated.

3.03 Such rights and rules shall not be inconsistent with theprovisions of this Agreement.

ARTICLE IV - UNION REPRESENTATION

4.01 The Company will recognize three (3) Stewards, all of whomshall be members of the Union who have had not less thanone year's service with the Company, and who shall beelected by the employee members of the Union.

4.02 The Company recognizes a Union Bargaining Committeeconsisting of not more than three (3) employee members,and a Union Grievance Committee consisting of theChairperson of the Bargaining Unit, the aggrieved employeeand the Steward.

4.03 A representative of the National Union, or a representative ofthe Local Union, shall be entitled to participate in anymeeting between the Company and the BargainingCommittee or the Grievance Committee.

4.04 The Union shall notify the Company, in writing, of the namesof the Committee members and Stewards so elected, and ofany changes in such personnel when such changes occur.

4.05 One (1) Steward or one (1) Union Executive will be allowedreasonable time off from work to investigate and settle agrievance. The Steward or Union Executive may not leavework without the permission of the appropriate Supervisor,and the Steward’s or Union Executive’s absence will not beallowed to interfere unduly with the job.

APPENDIX “O”


March 6, 2001


Dear Brian:Re: BENEFIT PLANS

In response to your concern about the possibility of Petro-Canada’soverall benefits plans being reduced in total value to your members inthe foreseeable future, I would like to provide you with the followingassurance:

Petro-Canada’s current benefit plans will not bereduced in total value to your members, nor willsignificant reductions be made to major componentsof the plans during the term of the 2001-2004Collective Agreement between the Communications,Energy and Paperworkers Union (CEP) and Petro-Canada, without first giving a minimum of three (3)months written notice to the CEP specifying the natureof the changes(s) to be made and allowing adequatetime for the National Office of the CEP (or itsdesignates) to consult and provide meaningful inputbefore such change(s) are implemented by theCompany.

Yours truly,


454

APPENDIX “M”


March 6, 2001


Dear Brian:Re: SUCCESSORSHIP RIGHTS

The Company undertakes that for the life of the current collectiveagreement, it will abide by the following labour legislation as it exists atthe writing of this letter: Section 35 and 36 of the Labour RelationsCode of British Columbia; Section 44 of the Labour Relations Code ofAlberta; Section 69 (2) of the Labour Relations Act of Ontario; andSection 45 and 46 of the Labour Code of Quebec.

Yours truly,

Stan MartinManager, Labour RelationsPetro-Canada

4.06 Committee members will be allowed time off from theirwork, with no loss of pay, for the purpose of attending anymeeting arranged by the Company.

4.07 The Company agrees to provide a notice board located onCompany premises for the posting of Union bulletins andinformation. The Union agrees that, prior to the posting ofany item on this Board; it will be submitted and approved bythe appropriate Supervisor or delegate.

4.08 During the Company's general Orientation Program, theCompany agrees to schedule reasonable time and access tonormal facilities in the Plant for a member of the Union'sExecutive to present the Union's Orientation Program to allnew employees who are covered by the terms of thisCollective Agreement.

ARTICLE V - GRIEVANCE PROCEDURE

5.01 Any individual employee shall have the right to present timelygrievances to the Company. If any employee believes to havebeen injured or treated unfairly by the improper applicationof the Articles of this Agreement, the employee may seekredress as follows:

Employees may discuss any difference with their immediateSupervisor at any time and may request the presence of aSteward. However, if following such a discussion, this issueis not resolved:

Step 1:

Between the employee and their immediate Supervisor ordesignate:

No grievance will be considered unless submitted withinfourteen (14) calendar days of the occurrence giving rise tothe grievance, by which time it will be submitted verbally orin writing by the employee to the immediate Supervisor. The

544

APPENDIX “L”

RE: WCB SUPPLEMENT

June 9, 1997To: G. Corbett

From: R.G. Lockwood

Petro- Canada agrees that the Company policy of supplementingWorkers’ Compensation Board (WCB) benefits to 100% of basicearnings for up to 52 weeks, while an injured worker remains eligiblefor WCB benefits will not be affected by the Ontario government’sproposal to reduce workers’ compensation from 90% of earnings to85% of earnings.

This letter of understanding shall form a part of the CollectiveBargaining Agreement between the Company and the Union which hasa term from February 1, 1997 to January 31, 1999.

43

employee’s Supervisor shall within fourteen [14] calendardays’ give a written decision on the difference or dispute. Ifsatisfaction is not obtained, then the employee may instituteStep 2 of the grievance Procedure.

Step 2:

Between the employee and the next level of supervision ordesignate:

The employee may, within fourteen (14) calendar days of theanswer, submit the grievance, in writing, to the appropriatelevel of Supervision, who will then schedule a step 2grievance meeting within fourteen (14) calendar days. Awritten decision will be given to the Union within fourteen(14) calendar days of the meeting. All policy grievances shallbe submitted at step 2. If the answer is unsatisfactory to thegrievor:

Step 3:

Between the employee and the next level of supervision ordesignate:

The grievor may, within fourteen (14) calendar days of suchanswer, and through the grievance Committee, submit thegrievance, in writing, to the appropriate level of supervision,who will meet with the Committee within fourteen (14)calendar days of the receipt of the submission, and render adecision, in writing, within fourteen (14) calendar days ofmeeting. If the answer is unsatisfactory to the grievor:

Step 4:

Unresolved grievance:

Within twenty-one (21) calendar days of such an answer, theGrievance Committee may submit the case to arbitration, inaccordance with the procedure laid down in Article VI of thisAgreement.

6

5.02® It is understood that the Company may at any time requesta meeting with the Union Grievance Committee to discussany complaint with respect to the conduct of the Union, itsOfficers, Stewards, or Committee Members in its relationshipwith the Company or other employees, and that if suchcomplaint is not settled to the mutual satisfaction of bothparties, it may be treated as a grievance and within twenty-one (21) calendar days of such meeting be introduced at Step3 of the procedure.

5.03® All times stated may only be extended for either party bymutual agreement reached within the stated times.

ARTICLE VI - ARBITRATION

6.01 Both parties to this Agreement agree that any dispute orgrievance concerning the interpretation or alleged violationof this Agreement, which has been properly carried throughall the steps of the Grievance Procedure outlined in 5.01 to5.03 above and which has not been settled, will be referredto Arbitration by either party. It is understood that a singleArbitrator will hear the grievance, unless the referring partyor the other party requests that the matter be heard by aBoard of Arbitration or expedited arbitration instead.

6.02® Process for Single Arbitrator: The party initiating the requestwill submit a list of at least three (3) names of possiblearbitrators to act as a single arbitrator to the dispute. Withinfourteen (14) calendar days after the date of delivery of theforegoing request, the other party shall provide a similar listof at least three (3) possible arbitrators. The parties willreview the lists and attempt to agree on a single arbitratorwithin forty-five (45) calendar days of the exchange ofnames.

7

FOR THE COMPANY: FOR THE UNION:

________________________ ________________________D.G. (Garry) Corbett R.C. (Reg) BaskenManager, Industrial Relations Executive Vice-PresidentPetro-Canada CEP

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APPENDIX “K”

LETTER OF UNDERSTANDINGREGARDING

EMPLOYMENT RELATIONSHIP

Petro-Canada and the Communications, Energy and PaperworkersUnion of Canada (CEP) share a vision for Petro-Canada to becomeknown as the pre-eminent Canadian integrated oil and gas company -a company viewed by the CEP’s members as the employer of choice.

The parties agree that the employment relationship is aninterdependent relationship created by all Petro-Canada employees asthey work together every day. It requires a clear understanding of theresponsibilities we have toward each other and the values that guide usas we carry out our work together.

Petro-Canada values the long-term growth of CEP members because itenhances the employee’s ability to contribute. Individuals are primarilyresponsible for the value they add to the organization. CEP membersalso need to define their personal goals for growth and developmentand are encouraged to actively participate in the formulation of theirdevelopment plans within the Company. As the business develops andchanges, Petro-Canada commits to develop the capabilities of itspeople; there will be opportunities to learn and to deepen experiencethat will maintain and enhance individual employability.

Petro-Canada will ensure clear understanding of business andbehavioral accountabilities for CEP members. It is essential thatindividuals agree on the expectations for job performance and knowthe standards and measures by which performance is evaluated. It isunderstood that all CEP members will receive feedback on their workperformance to ensure that they are meeting job expectations.

The cornerstone of this employment relationship is our commitment toliving our shared values and to reaching our business goals. Theworking environment Petro-Canada commits to is one of mutualrespect for diverse points of view, of trust, and encouragement for anappropriate balance in life.

41

6.03® Process for Board of Arbitration: The Board of Arbitration shallbe composed of one (1) person appointed by the Company,one (1) person appointed by the Union, and a third person toact as Chairperson chosen by the other two (2) members ofthe Board. Within fourteen (14) calendar days following therequest of either party for a Board of Arbitration, each partyshall notify the other of the name of the appointee.

6.04® Should the person chosen by the Company to act on theBoard, and the person chosen by the Union, fail to agree ona third person within fourteen (14) calendar days of thenotification mentioned in 6.03, or should the parties notagree on a single arbitrator, the Minister of Labour of theProvince of Ontario will be asked to appoint an impartialsingle arbitrator or chairperson, as applicable.

6.05 The decision of the single arbitrator or Board of Arbitrationestablished in the above manner shall be final and binding onthe Company and the Union.

6.06 The single arbitrator or Board of Arbitration shall not haveany power to alter or change any of the provisions of thisAgreement or to substitute any new provisions for anyexisting provisions, nor to give any decision inconsistent withthe terms and provisions of this Agreement.

6.07 Each party to this Agreement will bear the expense of itsappointee to the Board of Arbitration and will jointly sharethe expense of the single arbitrator or chairperson, asapplicable.

6.08 No person shall be selected as arbitrator who has beendirectly involved in attempts to negotiate or settle thegrievance.

6.09® The time limits specified in this Article may be extended bymutual consent of the parties or by the single arbitrator orArbitration Board.

8

ARTICLE VII - PERSONNEL RELATIONSHIPS

7.01 It has always been and it shall continue to be the right ofevery employee of the Company to consult with theSupervisors or the Human Resources Department withrespect to any problem or matter, whether connected withemployment or not.

ARTICLE VIII - DISCHARGE CASES

8.01 In the event of an employee who has attained seniority beingdischarged from employment and the employee feeling thatan injustice has been done, the case may be taken up as agrievance.

8.02® All such cases shall be taken up within ten (10) calendar daysand disposed of within fourteen (14) calendar days of thedate the employee is notified of discharge, except where acase is taken to arbitration. A claim by an employee, whohas attained seniority, of having been unjustly dischargedfrom employment shall be treated as a grievance if a writtenstatement of such grievance is lodged with the appropriateSupervisor or designate, within ten (10) calendar days afterthe employee ceases to work for the Company. Allpreliminary steps of the Grievance Procedure prior to Step 3will be omitted in such case.

8.03 Such grievance may be settled by confirming theManagement's action in dismissing the employee, or byreinstating the employee in the employee's former positionwith full compensation for time lost

9

APPENDIX “J”


HEALTH, SAFETY AND INDUSTRIAL RELATIONSTRAINING FUND

The CEP recognizes that Petro-Canada desires to have more inputtoward the development and utilization of the CEP’s Health, Safety andIndustrial Relations Training Fund (HSIRT Fund). The parties recognizethere would be a broader acceptance of the Fund by the contributingCompanies if there was a formal method established to provide adviceon the administration of the fund.

It is agreed that following the ratification of this Memorandum ofSettlement, the Communications, Energy and Paperworkers Union willpursue the establishment of an Employer’s Advisory Council to liaisewith the HSIRT Fund Administrator. Petro-Canada would be asked tocoordinate the establishment of such an Advisory Council to ensure abalanced representative committee was selected. The primary purposeof the Advisory Council would be to recommend the type andfrequency of training programs to be offered through the HSIRT Fund.

FOR THE COMPANY: FOR THE UNION:

________________________ ________________________D.G. (Garry) Corbett R.C. (Reg) BaskenManager, Industrial Relations Executive Vice-PresidentPetro-Canada CEP

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APPENDIX “H”


TRANSFERS BETWEEN BARGAINING UNITS

Employees transferring to another Petro-Canada site due to a plantclosure, partial plant closure or change of methods or facilities will beentitled to rate protection in accordance with the provisions of thecollective agreement with the further understanding that the protectedrate in their classification will be no greater than the correspondingclassification of the new location.

Signed this 23rd day of February, 1994

________________________ ________________________“G. Corbett” “R.C. Basken”For Petro-Canada For CEP

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ARTICLE IX - STRIKES AND LOCKOUTS

9.01 In view of the orderly procedure established by thisAgreement for the settling of disputes and the handling ofgrievances, the Union agrees that, during the lifetime of thisAgreement, there will be no illegal strike, picketing,slowdown or stoppage of work, either complete or partialand the Company agrees that there will be no lockout.

9.02 The Company shall have the right to discharge or otherwisediscipline employees who take part in or instigate any illegalstrike, picketing, stoppage or slowdown, but a claim ofunjust discharge or treatment may be the subject of agrievance and dealt with as provided in Article V, herein.

9.03 Should the Union claim that a cessation of work constitutesa lockout, it may take the matter up with the Company asprovided in step 3 of Article V, herein.

9.04 The Union further agrees that it shall not involve anyemployee of the Company during working hours, or theCompany itself, in any dispute which may arise between anyother employer and the employees of such other employer

ARTICLE X - SENIORITY, PROMOTIONS, DEMOTIONS,LAYOFFS & RE-EMPLOYMENT

10.01 An employee having less than one hundred and twenty (120)days of continuous service with the Company since last dateof hire, shall be considered as a probationary employee andwill have no seniority rights; but when such rights areacquired service will be regarded as having started from adate one hundred and twenty (120) days immediately priorto the acquiring of such service. A probationary employeeshall not accumulate service for seniority rights whereemployment is terminated for any reason at any time duringthe probationary period, and any such removal shall not be

10

In the event that the local bargaining committee cannot establish theseJoint Union/Management training Committees and the mandateswithin the sixty (60) days referenced earlier, then representatives of thenational office of the Union and the Head Office of the Company willbe asked to resolve the difference(s).

Signed this 23rd day of February, 1994

________________________ ________________________“G. Corbett” “R.C. Basken”For Petro-Canada For CEP

subject to the Grievance Procedure as set out in Article V ofthe Agreement.

The time limit set out in this Article may be extended bymutual agreement of the parties.

10.02 Terminal seniority shall be as agreed by the parties as of thetime of signing of this Agreement. A Terminal Seniority Listwill be prepared as of this date and this list will be posted inthe terminal. The Company will prepare and post such a listat six (6) month intervals showing any amendments orrevisions during the life of the Agreement.

10.03 An employee shall lose all seniority standing if the employee:

(a) quits the employ of the Company;

(b) is discharged and such discharge is not reversed throughthe Grievance Procedure;

(c) is laid off for more than twelve (12) months;

(d) fails to return to work after layoff within eight (8) daysafter being requested to do so by the Company, byregistered mail sent to the last address recorded by theemployee and appearing on the records of theCompany. This time limit may be extended by theCompany if the employee has a reasonable excuse,acceptable to the Company.

(e) is absent from work for three (3) days without advisingthe Company and giving reasons satisfactory to theCompany either before the absence or upon return;

(f) takes work elsewhere during leave of absence withoutthe written consent of the Company;

(g) overstays a leave of absence without a justifiable reason,as determined by the Company.

10.04 (a) In the case of a reduction because of a shortage of workin a particular classification, the employee having theleast seniority in that classification shall be the first

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APPENDIX “G”


JOINT TRAINING COMMITTEES

Petro-Canada and the Communications, Energy and PaperworkersUnion of Canada (“CEP”) philosophically agree that the appropriatetraining for employees would be beneficial to all parties. The partiesrecognize that many factors impact upon the Company's ability tooperate competitively within the industry. In an effort to protect theeconomic well-being of Petro-Canada and its employees as well asenhancing the Company's competitive position, the parties arecommitted to encourage employees, with appropriate training, toutilize their full skill potential: effectiveness, job satisfaction, flexibilityand productivity improvements so that all parties can share in thesuccess of the business.

The parties agree that a Joint Training Committee will be established ateach location within sixty (60) days of the ratification of each localagreement. The Committee will consist of an equal number ofrepresentatives from the Company and the Union. The compositionand mandate of each committee will be established by the localbargaining teams on a site-by-site basis to appropriately reflect theunique training needs and culture of each location. All relevantinformation the Committee feels is necessary to perform its functionwill be made available.

It is understood that in addition to the Company's interest in greaterflexibility and productivity, the Union is interested in their membershaving the opportunity to obtain portable skills or the skills necessary toperform the work available within the Company, including workcurrently being done by contractors.

If the Company and the Union achieve their objective through this jointtraining initiative, it will provide the opportunity for Petro-Canadaemployees to do work available as long as they can do it as cost-effectively as outside contractors.

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reduced. The employee may, however, exercise seniorityto displace a junior employee in another jobclassification within the Bargaining Unit, providing theemployee has the basic skill and qualifications, asestablished by the Company, necessary to perform thework.

(b) An employee who is displaced or whose job is abolishedmay also exercise seniority to displace a junior employeein another job classification within the Bargaining Unit,providing the employee has the basic skill &qualifications, as established by the Company, toperform the work.

(c) Should employees being considered for reduction fromthe same job classification have the same jobclassification seniority, the employee with the leastterminal seniority shall be displaced first.

10.05 In the event that a layoff becomes necessary, probationaryemployees shall be the first laid off and then regularemployees in the inverse order of their seniority, providingthat the remaining employees have the basic skill &qualifications, as established by the Company, to perform theavailable work.

10.06 In the event of reductions or layoffs, the Company agrees toprovide individual training in the job functions of the positionobtained by the exercising of seniority of an employee havingthe established basic qualifications, and will allow theemployee five hundred (500) working hours in which to meetthe basic job requirements. At the conclusion of this period,the employee will either be confirmed in the position or willrevert to the status existing immediately prior to theexercising of seniority.

10.07 In the event of layoff, the Company will provide eachemployee to be laid off at least two (2) weeks notice of suchlayoff.

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10.08 When increasing the number of employees, preference shallbe given in the order of terminal seniority to persons whohave been laid off and remain on the active roll of theCompany and provided such persons can satisfactorily passthe pre-employment physical examination and have thenecessary basic skills and qualifications, as established by theCompany, for the jobs to be filled and notify the appropriateSupervisor within four (4) days of the date of the Company'srecall notice of their intention to report, and provided thatthey report to work within eight (8) days from the date of theCompany's recall notice.

10.09 The notice to report to work shall be given by registeredletter, mailed to the last address for the person laid offappearing on the Company's records. It shall be theresponsibility of the person laid off to keep the HumanResources Department, informed, in writing, of the addressthrough which the person may be reached.

10.10 The Company agrees to consider the employment ofdisplaced persons at locations other than their normal placeof employment. An employee transferred from anotherPetro-Canada location to a position at the Oakville Terminaland who will be covered by the Collective Agreement will beplaced on the Terminal Seniority List and his/her seniorityshall be considered as starting on the date of the transfer toOakville Terminal. This date would be considered theseniority date for the purpose of layoffs and also fordetermining local privileges and advantages. If thetransferred employee remains in a position covered by theCollective Agreement for more than twelve consecutivemonths, the employee's Company accredited service datewill apply for layoffs only, local privileges and advantageswould be determined by terminal seniority only.

10.11 The Company agrees to post all job vacancies within thescope of this Agreement that occur at Oakville Terminal. Thejob openings will be posted for a minimum of Fourteen (14)working days. Employees desiring the available vacancy may

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FOR THE UNION: FOR THE COMPANY:

________________________ ________________________(R.C. Basken) (Don Burt)

________________________ ________________________(R.T. Philp) (R. Bouvier)

________________________(C.S. Sullivan)

NOTE - It is understood that in this Appendix, “Energy and ChemicalsWorkers Union” should be referred to as “Communications, Energyand Paperworkers Union”.

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APPENDIX “F”

MEMORANDUM OF AGREEMENTbetween

Energy and Chemical Workers Union, duly authorizedrepresentative of the Local Bargaining Units

referred to as “the Union”and

Petro-Canada Inc. (PCI)hereinafter referred to as “the Company”

SAFETY, HEALTH AND INDUSTRIAL RELATIONSTRAINING

As part of the current wage settlement, the Company agrees to remitthree cents (3 cents) per hour for each full-time employee's regularhours of work to a Safety, Health and Industrial Relations Training Fundof the ECWU on a quarterly basis.

The Union agrees that the sole purpose of this fund will be to providetraining to its members primarily those from Petro-Canada in the areasspecified above. The Union further agrees that the content of theSafety and Health Programs will be consistent with current Safety andHealth Programs endorsed by the Company, i.e., Five-Star Program. TheUnion also agrees to furnish the Company, on an annual basis, a listingof the courses to be presented.

The Union agrees to provide a fund audit as requested.

Leave(s) of absence provisions in local agreements will apply to leaverequested pursuant to this Memorandum of Agreement.

This Memorandum will be included as part of all local collectiveagreements and unless cancelled by either part within thirty (30) daysprior to January 31, 1990, all terms and conditions will continue toapply.

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make application, through their Supervisor, in writing. Allemployee applications will be considered. The Company willconsider the individual's qualifications in relation to theestablished needs of the job vacancy. In a case whereapplicants demonstrate relatively equal competence andefficiency, preference will be given to the employee havingthe longest Oakville Terminal Seniority. The successfulapplicant will normally be notified within ten (10) days of theposting's closing date.

ARTICLE XI - JOB SECURITY

11.01 Permanent Work Force Reduction. In the event of Plantclosure, partial Plant closure, or change in methods orfacilities which will involve a permanent work force reductionof employees covered under this collective Agreement, theCompany shall give the Union not less than three (3) monthsadvance notice or statutory notice, whichever is greater, forsuch change or closure.

11.02 Upon such notice, the Company will meet with the Union todiscuss the impact of the change on the employees affected.The Company agrees to cooperate with the Government andthe Union in finding alternate employment for affectedemployees.

11.03 Any employee covered by the terms of this CollectiveAgreement who is permanently discharged or laid off underthis Article shall be entitled to severance pay as outlinedbelow, provided that:

(a) The employee remains available for work until the dateof termination.

(b) The employee is not terminated for just cause.

Upon payment of severance pay, the employee will beterminated and will have no further rights of recall.

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11.04 Lay-Off due to Shortage of Work. Any employee covered bythis Collective Agreement who is laid off due to shortage ofwork, shall be entitled to severance pay as outlined below.The severance pay shall be payable when the employeevoluntarily or pursuant to 10.03 (c) for this Agreement,forfeits the right to recall.

11.05 Severance Pay. Employees entitled to severance pay shallreceive such pay equivalent to the greater of:

(a) The amount of severance pay required by applicableEmployment Standards legislation

OR

(b) An amount equivalent to not less than two weeks' payplus two weeks' pay for each complete year ofcontinuous service. The “2 + 2 formula” includes anystatutory requirements. Severance pay for a partial yearof service will be calculated on a prorated basis. Thepayment resulting from this formula will be multipliedby 1.15.

This formula provides a minimum severance payment of four(4) weeks' pay for employees with one completed year ofservice and for employees with more than one year ofservice, two weeks' pay plus two weeks' pay per yearcompleted year of continuous service thereafter.

The Company will take into consideration all applicablelegislation and regulations in an effort to provide theemployee with the greatest flexibility in the payment ofseverance pay.

For the purpose of this Article, one week's pay is defined asthe employee's basic hourly wage rate at the time oftermination times the basic weekly hours of work.

11.06 An employee terminated and accepting severance paymentunder the above terms remains eligible to be considered forre-employment as a new employee.

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FOR THE UNION: FOR THE COMPANY:

________________________ ________________________(R.C. Basken) (Don Burt)

________________________ ________________________(R.T. Philp) (R. Bouvier)

________________________(C.S. Sullivan)

NOTE - It is understood that in this Appendix “Energy and ChemicalWorkers Union” should be referred to as “Communications, Energyand Paperworkers Union” and “Trafalgar Terminal” should be referredto as “Oakville Terminal”

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APPENDIX “E”

MEMORANDUM OF AGREEMENTbetween

Energy and Chemical Workers Union, duly authorizedrepresentative of the Local Bargaining Units

referred to as “the Union”and

Petro-Canada Inc. (PCI)hereinafter referred to as “the Company”

EMPLOYMENT SECURITY

The Company agrees to provide the Union with six (6) months notice,at Port Moody, Taylor Plant, Edmonton Refinery, Empress Plant, MooseJaw Asphalt, Clarkson Refinery and Trafalgar Refinery of a plant closure,partial plant closure or other workforce reduction caused by changes inmethods or facilities which will involve a permanent workforcereduction of employees covered under this Agreement.

At Saskatoon Terminal, Trafalgar Terminal and the North York Terminal,notice for the circumstances noted above will be three (3) months.

The provision replaces the notice provisions provided for suchpermanent workforce reduction in various local collective agreements.

After providing such notice, the Company will meet with the Union toconsider all available methods to facilitate the planned workforcereductions through attrition. If these considerations fail to provide suchworkforce reduction within notice period specified above or incircumstances where attrition is not an appropriate method of providingthe required reduction, the Company agrees to participate with theUnion in every way possible to determine methods of reducing theworkforce and minimizing the negative impact on employees affected.

The current collective agreements will be amended to reflect thislanguage.

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ARTICLE XII - HOURS OF WORK AND OVERTIME

12.01 The following paragraphs and sections are intended to definethe normal hours of work and shall not be construed as aguarantee of hours of work per day or per week, or of days ofwork per week.

12.02 The normal assigned work week for all classifications coveredby this Agreement shall average forty-two (42) hours per week.The work week shall commence at 00:01 hours on Monday,and shall conclude at 23:59 hours on Sunday. The Companyshall determine the number of shifts employees shall work.

12.03 Overtime is defined as authorized hours worked over andabove regularly scheduled hours.

12.04 Overtime at the rate of time and one-half (1.5X) an employee'shourly rate shall be paid for all time worked in excess ofscheduled daily hours. Overtime on a daily basis, will not beconsidered as beginning until an employee has worked one-quarter (1/4) hour beyond the normal scheduled quitting time,in which case overtime will be considered to be all time workedin excess of regular daily schedule. All overtime will be paid infifteen (15) minute increments.

12.05 Regardless of the number of hours overtime worked during anyworking week, the Company agrees not to suspend or lay offany employee to avoid payment of overtime.

12.06 Time lost as a result of sickness shall be credited as time workedfor the purpose of computing overtime pay.

12.07 There shall be no pyramiding of premium pay.

12.08 If overtime worked involves more than two (2) hours andextends beyond normal meal hours, a meal allowance of tendollars ($10.00) will be paid. An additional meal allowance often dollars ($10.00) will be paid if further continuous overtimeof four (4) hours or more is worked, exclusive of time taken outfor the first meal during the overall overtime period. Overtimewill not be paid for the time taken out for such meals.

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12.09 If an employee is called out to work and the time does notconnect with the regular shift, the employee will be paid at therate of time and one-half (1.5X) for all time worked or for four(4) hours at straight time, whichever is greater.

12.10 When a shift employee's schedule is changed by the Company,the employee shall be paid at the rate of time and one-half(1.5X) for the first shift of the new schedule.

12.11 Employees may be permitted to exchange shifts or days off atthe discretion of the appropriate Supervisor, or delegateproviding:

(a) The “Mutual Shift Exchange Form” (see Appendix 'B') iscompleted no less than 24 hours prior to such change.

(b) No additional cost or penalty shall be paid by theCompany.

12.12 Overtime records shall be kept daily and cumulatively and shallbe posted on a rolling 12 month basis consistent with payperiods. Such overtime will be distributed as fairly as possibleamong qualified employees in the classification in whichovertime becomes necessary. Refusal to work overtime shall beconsidered as overtime worked for record purposes. In theevent of a complaint due to an error or omission in thedistribution of overtime, the Union agrees to assist inimplementing the most cost effective, equitable, resolution forthat complaint.

In the event that it becomes necessary to work a RecognizedHoliday, the appropriate Supervisor, or delegate, will requestvolunteers for such work. Preference shall be given toemployees normally scheduled to work on the day ofobservance. In the event that sufficient volunteers to work arenot obtained on the Recognized Holiday, the normallyscheduled shift shall be required to work in reverse order ofseniority, should a full shift not be required.

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The Company and the Union agree to assist the employee in identifyingoutside subsidies that may exist and assist the employee in qualifyingfor such subsidies.

The terms and conditions of this letter will automatically renew unlessrepresentatives of either party, at the locations specified above, servewritten notice to terminate this letter. Such notice must be given atleast sixty (60) but not greater than ninety (90) days prior to the expirydate of the Agreement signed between the parties at these locations.

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APPENDIX “D”

LETTER OF UNDERSTANDING

EMPLOYMENT SECURITY

Performance of work for the company by contractors at this locationwill not serve to alter any right an employee has under the terms of thisagreement nor cause the lay off of any employee in the bargaining Unit.The parties agree that on a quarterly basis and upon request, the Unionwill be provided with the number of contractors utilized and the totalnumber of hours worked by such contractors.

In the event of a Plant closure, partial plant closure or change ofmethods or facilities which will involve a permanent workforcereduction of employees covered under this agreement, the Companyshall train or retrain employees subject to lay-off for job vacancies whichexist at that time within the Company provided the employees have thebasic qualifications and aptitude required for the job vacancy.Employees who are placed in lower paying jobs as a result of beingdeclared surplus will receive the base rate of pay for the job which theyheld immediately prior to notification of such surplus subject to theconditions specified in Appendix “C”.

In the case of an employee who does not qualify for a job vacancy asstated above or in the event that no job vacancy exists, the Companywill participate in every reasonable way possible with the Union and theGovernment in training and retraining any employee for outsideemployment opportunity. Provision of this training for outsideemployment will occur only when an employee's recall rights haveexpired or they have waived their recall rights and accepted severancepayment. The company will reimburse an employee for training and/ormoving costs incurred within two years of termination to a maximum oftwo thousand dollars, provided such expense is for the purpose ofoutside employment opportunity less any other training or movingsubsidy available to the employee. Training costs will includeregistration and tuition fees, books and examination fees.

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ARTICLE XIII - VACATIONS

13.01 The Company agrees to give vacations to employees asprovided below:

(a) The vacation year will run for twelve (12) months fromJanuary 1st to December 31st and vacations will bescheduled at any time during that period.

(b) For the purpose of this clause, 'regular work week' shallmean the time period corresponding to the scheduledwork week an employee would have worked had theemployee not been entitled to vacation. Vacation payshall be equivalent to the pay the employee would havereceived had the employee worked such regular workweeks in a regular working month.

(c) Employees with one (1) year of service or more:

Employees who complete or will complete the requiredyears of continuous service in a given calendar year willbe entitled to vacations in that vacation year on thefollowing basis:

Completed Continuous VacationService Entitlement

1 year but less than 10 3 weeks10 years but less than 18 4 weeks18 years but less than 25 5 weeks25 years and over 6 weeks

(d) Employees with less than one (1) year of service:

Employees will earn vacation entitlement at the rate of1-1/4 days vacation (to a maximum of 15) for eachmonth (or part thereof) of active employment countedfrom the date of hire.

(e) Vacations shall be taken during the course of thecalendar year in which it is earned provided theemployee has worked at least three (3) months.Employees who commence active employment duringthe last three (3) months of any calendar year will be

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entitled to take the vacation earned during thatcalendar year in the following calendar year after theyhave worked at least three (3) months.

13.02 Vacations will be scheduled on a rotating group plan andemployees may express their preference for the time of theirvacations within their specific group. Due consideration willbe given and, where possible, such preference will begranted. However, vacations must be taken at a time ortimes conducive to the efficient operation of the Plant.

13.03 Wherever possible shift workers' vacations may be arrangedto begin immediately after their regular day of rest.

13.04 In the event of termination of employment, an adjustmentwill be made to the final pay cheque to reflect vacationearned but not taken, or taken but not earned.

13.05 In the first quarter of each calendar year a vacation payadjustment shall be paid calculated on the basis of 2% oftotal vacationable earnings per week of vacation entitlementduring the previous year, less vacation pay received duringthat year.

This article is not applicable to new employees of OakvilleTerminal following ratification of this agreement. (agreementratified June 19, 2004).

ARTICLE XIV - RECOGNIZED HOLIDAYS

14.01® The following twelve (12) holidays shall be recognized:

New Year's Day January 1st

Good Friday Friday, prior to Easter Sunday

Victoria Day First Monday immediately preceding May 25th

Canada Day July 1st

Civic Holiday First Monday in August

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APPENDIX “C”

RATE PROTECTION

In the event that employees are downgraded solely due to a plantclosure, partial plant closure or change of methods or facilities whichwill involve employees covered by this agreement rate protection will beprovided as follows:

Employees who remain within their line ofpromotion/progression will have their existing ratemaintained until the rate for the classification in whichthey are placed, equals the protected rate.

Employees who are placed outside their line ofpromotion/progression will have their existing rateprotected for one year.

To qualify for rate protection employees must:

• Successfully complete any training/retraining program to whichthey are assigned.

• Perform work to which they are assigned and qualified to perform.

• Use normal bidding procedures wherever available to return toequal or better than their former grade.

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APPENDIX “B”

SUNCOR ENERGY PRODUCTS INC.OAKVILLE TERMINAL

MUTUAL SHIFT EXCHANGE FORM

This form must be submitted for approval not less than twenty-four (24)hours prior to the time of the requested change. It is understood thatno overtime shall be paid as a result of this mutual.

Mutual Shift Exchange Date: _________________________________

NAME (print) Scheduled Shift Requested Shift

Payback of Mutual Date:

NAME (print) Scheduled Shift Requested Shift

Signature of Both Employees: Approval Signature:

1) _________________________ ____________________________

2) _________________________ _____________________________

DATE

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Labour Day First Monday in September

Thanksgiving Day Second Monday in October

Remembrance Day November 11th

Christmas Day December 25th

Boxing Day December 26th

Family Day Third Monday in February

Day 12 Second Monday in April

14.02 In the event that a holiday is observed on a day other thanthe exact calendar date on which it falls, the locallyproclaimed day of observance shall be considered to be theholiday for all employees.

14.03 An employee who is actively on the payroll and is notscheduled to work on one of the above named holidays shallreceive additional payment for 8 hours at the regular basicrate.

14.04 An employee who is required to work on any of the abovenamed holidays shall receive payment for all hours workedon such a day at time and one-half (1.5X) basic hourly rate inaddition to holiday pay.

14.05 In order to be eligible for holiday pay pursuant to this Article:

(a) An employee must work the regularly scheduledworking day immediately preceding and the regularlyscheduled working day immediately following such aholiday unless the employee presents appropriateevidence substantiating that the absence wasunavoidable and justified.

(b) An employee is expected to respond to a call out, orreport for work on a Recognized Holiday on which theemployee is scheduled to work, unless the employeepresents appropriate evidence substantiating that theabsence was unavoidable and justified.

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ARTICLE XV - WAGES

15.01 The wage scales and classifications shown in Appendix “A”attached and forming part hereof shall be effective as shownduring the term of this Agreement.

15.02® Effective February 1, 2010, employees covered by thisAgreement who work rotating shift schedules or who areworking overtime hours shall receive a shift differential ofDrivers – one dollar and forty-one cents ($1.41) per hour;Terminal Technicians – one dollar and forty-eight cents($1.48) per hour; for all work performed between 16:00hours and 24:00 hours. For all work performed between00:01 hours and 08:00 hours such employees shall receive ashift differential of Drivers – two dollars and forty-five cents($2.45) per hour; Terminal Technicians – two dollars and fifty-five cents ($2.55) per hour.

Effective February 1, 2010, regular, full time employeesrotating on a 7-day continuous 2, 12 hour shift basis shallreceive a shift differential payment as follows;

Drivers

Hours worked between 6 am and 6 pm $0.95 per hour;Hours worked between 6 pm and 6 am $2.10 per hour

Terminal Technicians

Hours worked between 6 am and 6 pm $0.98 per hour;Hours worked between 6 pm and 6 am $2.18 per hour

15.03® The rates reflected above will be increased in Year 2 (effectiveFebruary 1, 2011) and Year 3 (effective February 1, 2012) asfollows:

Drivers

Year 1: $1.41 Year 2: $1.46 Year 3: $1.50$2.45 $2.52 $2.61$0.95 $0.98 $1.01$2.10 $2.16 $2.23

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APPENDIX “A”

WAGE SCALES®

The following wage scale shall apply effective February 1, 2010, tothose employees covered by this Agreement.

Drivers

Current Rate Date of Ratification Feb. 1/11 Feb. 1/12(2.5%) (3.0%) (3.25%)

12 mo 29.30 30.03 30.93 31.94

6 mo 26.64 27.31 28.13 29.04

Entry 25.51 26.15 26.93 27.81

• Current rate is inclusive of a blended shift differential (base rate perthe 2004-2007 Collective Agreement plus a blended shift differentialof $1.35).

• The following wage table is effective retroactive to Feb. 1, 2010.

Terminal Technician

Current Rate Date of Ratification Feb. 1/11 Feb. 1/12(2.5%) (3.0%) (3.25%)

Tech 1 40.21 41.22 42.45 43.83

Tech 2 37.35 38.28 39.43 40.71

Tech 3 35.63 36.52 37.62 38.84

Tech 4 34.65 35.52 36.58 37.77

Tech 5 33.56 34.40 35.43 36.58

• Current rate is inclusive of a blended shift differential (base rate perthe 2004-2007 Collective Agreement plus a blended shift differentialof $1.35).

• The following wage table is effective retroactive to Feb. 1, 2010.

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Terminal Technicians

Year 1: $1.48 Year 2: $1.52 Year 3: $1.57$2.55 $2.63 $2.71$0.98 $1.01 $1.05$2.18 $2.25 $2.32

15.04.1 The rates set forth in the schedule of wages, Appendix “A”apply to the various job classifications and not to theindividual performing the work.

15.05 An employee who successfully bids into a higher payingclassification from a lower paying classification will be paid atthat wage rate in the new classification which is immediatelyhigher than the wage rate paid to the employee prior topromotion.

15.06 An employee who successfully bids into a lower payingclassification from a higher paying classification will be paidat the 12 month rate in the new classification providing theemployee has completed 12 months consecutive service inthe classifications covered by this Agreement.

15.07 Any employee temporarily assigned to a higher rated jobclassification will receive not less than the job rate establishedfor the work performed. The job rate to become effectiveimmediately upon the employee performing the duties of theparticular job on the employee's own responsibility undernormal supervision.

15.08 Any employee temporarily assigned to a lower jobclassification will not have such employee's rate reduced.

15.09 It is agreed that if any new Bargaining Unit job classificationsare established during the life of this agreement which arenot covered by the schedule of wages now in effect, the ratefor such new job classifications will be negotiated betweenthe Company and the Union. The Company may put intoeffect a temporary rate pending negotiations on the rate tobe established but once the rate has been established, it willbe made retroactive to the time when the new jobclassification was instituted.

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FOR THE UNION FOR THE COMPANY

________________________ ________________________Doug Moysich Andy Smith

________________________ ________________________Rick Morgan Rich Rattray

________________________ ________________________Mike Kachurowski Adrienne Hendershot

ARTICLE XVI - WELFARE

16.01 The Company agrees that the employees will be providedwith information booklets covering the Company's welfarebenefits.

16.02 The Company further agrees that the employees covered bythis Agreement shall, during the terms of said Agreement, beentitled to participate in all such welfare benefits in effect foremployees in general. The application of such welfarebenefits shall be in accordance with the provisions of suchbenefits.

16.03 The Company will provide uniforms to the employees inaccordance with the established Oakville Terminal uniformpolicy. Such uniforms will remain the property of theCompany and will be, as decided by the company, returnedupon termination of employment. The company agrees toprovide a safety footwear subsidy of up to $180 per year.

ARTICLE XVII - SAFETY & HEALTH

17.01® (a) It is agreed that three (3) members of the BargainingUnit will be elected by the Union and three (3) membersof the supervisory staff will be appointed by theCompany to serve as the Terminal Safety and HealthCommittee.

(b) The Company will make reasonable provisions for thesafety and health of its employees during the term oftheir employment. Such protective devices and specialapparatus as the Company provides and requires to beworn will be worn, and such other equipment as is, inthe opinion of the Company, necessary to protectemployees from injury, will be provided by the Company.

(c) It is agreed that the Safety Committees will have access toinformation known to the Company on hazards associatedwith products handled by the Terminal personnel.

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21.03 From time to time, when new requirements are added toprogression program, or current requirements are amended,all Employees are required to achieve these newrequirements to maintain their level in the progressionprogram. Under this circumstance additional time may beconsidered.

21.04 During the time period allotted to each level of progression,the Company will provide training materials and adequatetraining opportunity, as defined by the Company, such thateach Employee will be qualified to advance to successivelevels.

21.05 Should the Employee not be successful in completing all theprogression requirements or maintain requirements under21.03, the Employee will revert to the highest qualified rate.Article 21.06 will apply.

21.06 The Parties recognize that an Employee, for a variety ofreasons, may not be able to fulfill all the requirementsoutlined in the Progression Program within the prescribedtime limits. In such cases, an Employee may be granted anadditional period of 6 months. A condition of granting thisadditional time period is that an action plan, as defined bythe Company, be developed to enable the Employee toachieve the required level of progression.

21.07 In any event, the maximum time to successfully complete theTechnician Progression Program shall not exceed the allottedtime per level.

IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed this 10 day of May, 2010.

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of the Company and the Union to attend to duties as anexecutive member of the Union Local 593-O or C.E.P.National Union.

(b) On written request of the local Union or National Union,a leave of absence up to two (2) years without pay butwithout loss of seniority, may be granted to one (1)employee in any calendar year for Union business.

(c) In the application of (a) and (b) above, the Union(National and/or Local) shall determine what constitutesUnion business.

(d) All requests for leave of absence shall be given seven (7)calendar days prior to the anticipated date of thecommencement of the leave.

ARTICLE XX - DURATION OF AGREEMENT

20.01® This Agreement shall be effective from the 10th day of May,2010 and shall remain in force and effect through the thirty-first (31st) day of January 2013, and from year to yearthereafter, unless either party gives notice, in writing, to theother party one hundred and twenty (120) days prior to theexpiry day hereof, to terminate this Agreement or tonegotiate revisions thereto.

ARTICLE XXI – TECHNICIAN PROGRESSION

21.01 A condition of employment such that, all TerminalTechnicians are required to successfully complete allrequirements of the Technician Progression Program.

21.02 At each level of progression, employees must continuallydemonstrate the ability to successfully perform the taskslisted in the progression program for this level and all otherlevels below as required on the job.

17.02 The Union agrees to provide full moral support in the safetyand health campaigns which will be a continuous part of therelations between the Company and the employees.

ARTICLE XVIII - GENERAL LEAVE OF ABSENCE

18.01 Leaves of absence will be granted at the discretion of theCompany.

18.02 All requests for leave of absence shall be directed by theemployee through channels to the appropriate Supervisor,with seventy-two (72) hours notice being given prior to theanticipated commencement of such leave.

18.03 The decision of the appropriate Supervisor, as to the grantingand duration of any leave of absence shall be final and notsubject to the provisions of Articles V and VI.

ARTICLE XIX - LEAVE OF ABSENCE FOR UNIONBUSINESS

19.01 Upon request of the National or Local Union, the Companyshall, operating conditions permitting, grant leave of absenceto employees for the purpose of attending to Union businessas follows:

(a) On the written request of the local Union, leaves ofabsence for a total period not exceeding fifty (50) daysin any one calendar year, may be divided among theemployees to attend to Union business without the lossof any employee's rights or benefits, except that theywill not be paid for time lost during such absence. Inconnection with this provision, not more than three (3)employees may be absent from the Plant at any onetime. The total period of fifty (50) days in any onecalendar year may be extended upon mutual agreement

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