COLLECTIVE AGREEMENT

Between

COUNTERFORCE at its

MONITORING CENTRE IN MISSISSAUGA

and

LOCAL UNION 636 OF THE

INTERNATIONAL BROTHERHOOD

OF ELECTRICAL WORKERS

AUG 0 9 2010

COLLECTIVE BARGAINING INFORMATION SERVICES

MARCH 1, 2009 - FEBRUARY 28, 2012

FILE No. ~(Q9- Ol ~?..- 1'2

GERT. ALE O'l.lo1·2.00'l.- 11-

CERT.DATE JUL'I oq, '1.00'2.

TOTALEMPS ;I

EFF. DATE 1\J\0 'll C\~ 01 , '1.009

EXP.DATE F(CI'J . '2. 'b , l.O I'L

GODING CONTROL DATE CODER

\DENT CODED ~ RECEIVED- AU~. O'J , 1.0Y0

UNION I I EMPLOYER I OTHER

PREAMBLE

ARTICLE 1 - UNION RECOGNITION

ARTICLE 2 - UNION SECURITY

ARTICLE 3 - MANAGEMENT RIGHTS

ARTICLE 4 - WORKING CONDITIONS

ARTICLE 5 - STATUTORY HOLIDAYS

ARTICLE 6 - WAGES

ARTICLE 7 - WAGES- OVERTIME

ARTICLE 8 - PAID VACATION

ARTICLE 9 - LEAVE OF ABSENCE

ARTICLE 10 - SENIORITY

ARTICLE 11 - OUTSIDE ACTIVITY

ARTICLE 12 - GRIEVANCE PROCEDURE

ARTICLE 13 - REPRESENTATIVES

INDEX

ARTICLE 14 - GROUP INSURANCE BENEFITS

ARTICLE 15 - SICK LEAVE

ARTICLE 16 - SPECIAL PROVISIONS

ARTICLE 17- WORKPLACE PERFORMANCE STANDARDS

ARTICLE 18- SEVERANCE/TERMINATION PAY

ARTICLE 19 - STRIKES AND LOCKOUTS

ARTICLE 20 - TUITION REFUND

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ARTICLE 21 - HEALTH & SAFETY

ARTICLE 22 - LABOUR MANAGEMENT COMMITIEE

ARTICLE 23 - MODIFICATION AND TERMINATION

SCHEDULE A: OCCUPATIONAL CLASSIFICATIONS & WAGE SCALES

APPENDIX A : CURRENT GROUP BENEFITS

APPENDIX B: ATIENDANCE MANAGEMENT PROGRAM

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PREAMBLE

The economic interest of the Employer and its employees is better served through the express co­operation of the Employer, its employees and the Union. Close contact and a mutual sympathetic interest between the Employer and the employees will develop a better working system which will tend to constantly improve distribution, production and service, while improving the relationship between the Employer, the employees, alarm dealers and their customers. The parties agree that essential services are provided by the Employer and its employees which could prevent danger to life or safety, or serious property and environmental damage or loss. The parties further recognize that the business in which they are engaged is highly competitive and that the employer must be able to maintain an efficient, cost effective operation and continuously improve itself in a highly competitive market. As such, the parties have entered into this agreement to ensure that positive and harmonious relationships are fostered and maintained and that quality service is provided to the Employer's customers.

ARTICLE 1 - UNION RECOGNITION

(a) The Company agrees to recognize the Union as the sole bargaining agent of all employees of Counterforce at its Security Monitoring Centre in Mississauga, save and except supervisors, managers, persons above the rank of manager, office, clerical, students employed during the school vacation period, technical employees and/or persons regularly employed for not more than twenty­four (24) hours per week.

(b) All employees shall be required to become members of the Union upon successful completion of the probationary period outlined in Article 10 (a). Union dues deduction commences on the date of hire for probationary employees as per Section 47 of the Ontario Labour Relations Act.

(c) The Company agrees to deduct, each pay, from the wages of all employees in the Bargaining Unit, Union Dues as directed by the Union from time to time. The Company also agrees to deduct and remit an amount equivalent to the Union initiation fee from each new employee upon the successful completion of their probationary period.

(d) Unit Chairperson or designate to be notified when a probationary Employee is hired. Unit Chairperson or designate will provide a photocopy of the Union Application of Membership form to Payroll at the end of the employee's probationary period.

(e) The Union shall notify the Company, in writing, of the amount of such dues to be deducted under this section and, provide at least sixty (60) days written notice of any changes in the amounts thereof that may be directed from time to time.

(f) The Company shall forward these deductions to the Union once each month, together with an alphabetical listing of names showing:

i. the amount deducted from each Employee;

ii. the total amount of dues deducted to date from each individual employee;

iii. information used to determine this deduction - the employee's gross monthly earnings; inclusive of overtime

(g) Such remittances will be forwarded to the Union so that they are received not later than the fifteenth (151

") day of the month following the month in which the dues have been deducted.

(h) Payroll deductions will not include any Union fines. Union dues will be included on the employee's T4 slip (for income tax purposes).

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(i) In consideration of the deduction and forwarding of Union dues by the Company, the Union agrees to indemnify and save harmless the Company against any claim or liability arising out of, or resulting from, the collection and forwarding of regular Union dues or Union initiation fees.

U) It is mutually agreed that when an employee has no pay to his or her credit during the regular deduction period, the responsibility for collection of dues for such period rests solely with the Union.

(k) The Union agrees to indemnify and hold Employer harmless from and against any claim, expense, loss or liability arising from the deduction and/or remittance of dues pursuant to this Collective Agreement and/or the instructions of the Union.

(I) A part-time employee is any employee whose hours of work comprise a portion of the normal shift schedule but whose total hours worked ·average less than twenty-four (24) hours per week in any twelve (12) week period. A part-time employee will be hired at the minimum wage for the classification of work performed as outlined in the Collective Agreement.

(m) A temporary empioyee is an empioyee hired to fiii a specific, short term vacancy prompted by iiiness, volume of work, accident, vacation replacement, or maternity. The Company will advise the Union Steward and the Business Agent in writing when a temporary employee is hired, the reason and the duration of the hire.

(n) A contractor is not an employee of the company but rather a worker hired through an employment agency, for a maximum of six (6) months (one (1) year for a maternity/parental leave), who shall be considered a trainee until such lime as they are hired by the company to fill a vacant position. The Company will advise the Union Steward and the Business Agent in writing when a contract employee becomes employed by the company.

(o) The union agrees that, except as provided for in this agreement, there shall be no union activity on the premise of the company during the employees' working hours except by written agreement of the company.

ARTICLE 2 - UNION SECURITY

(a) The provisions of the Collective agreement shall be applied to Employees without discrimination as defined within the Ontario Human Rights Code.

(b) Access to Personnel File - The Employer agrees to grant all Local 636, IBEW members of this bargaining unit access to their personnel file providing the Company receives one (1) weeks notice and must be done between the hours of 9:00a.m. and 4:00 p.m. - Monday to Friday. All requests must be made in writing to the Manager, of Station Operations. Permission shall be arranged through the Employees' Supervisor at a mutually agreeable time.

ARTICLE 3 - MANAGEMENT RIGHTS

(a) The Company shall remain vested with full exclusive control of the management and operation of the Company and with the direction and supervision of the working forces; including but not limited to, determine the hours and days of work, determine complement and services to be performed, the methods, procedures and equipment to be used including the establishment, measurement and application of quality and quantity standards, the establishment and administration of competence evaluation methods aimed at determining the employee's job qualifications including mandatory training and retraining requirements, its right to hire, suspend or discharge employees for just cause; or to transfer employees temporarily or permanently to new duties; or to relieve employees from duty because of lack of work or for other legitimate reasons, or to schedule its operations; or to extend, limit, curtail or reschedule its operations, when in its sole discretion it may deem it advisable to do so, providing that any claim by the Union that these rights are exercised in a discriminatory manner shall be considered a grievance, and

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shall be dealt with in accordance with the terms of this Collective Agreement. The rights reserved

to the Employer herein are subject to the provisions of this Collective Agreement, and should be

exercised in a manner consistent with them.

(b) II is agreed that the company retains the right to monitor and record all telephone communication

and monitor and record station activity via video surveillance for security purposes.

(c) Managers employed by the company, who are not members of the bargaining unit shall be

allowed to perform work on any jobs which are included in the bargaining unit provided it does not

cause a layoff of bargaining unit employees, prevent overtime being offered to bargaining unit

employees or prevent the posting of a permanent vacancy.

ARTICLE 4 - WORKING CONDITIONS

(a) The working schedule may consist of eight (8), ten (10), or twelve (12) hour shifts subject to

operation rescheduling as per Article 3(a).

(b) An employee working an eight (8) hour shift will be provided with one (1) unpaid meal period of

thirty (30) minutes. An employee working a ten (1 0) hour shift will be provided with one (1) unpaid

meal period of thirty (30) minutes. An employee working a twelve (12) hour shift will be provided

with two (2) unpaid meal period of thirty (30) minutes. Meal periods are provided at such intervals

that will result in no employee working longer than five (5) consecutive hours without a meal

period. Meal periods are not to be stacked nor taken so as to end a shift early or start a shift late.

(c) An employee working an eight (8) hour shift will be granted two (2) paid rest periods of fifteen (15)

minutes each. An employee working a ten (1 0) hour shift will be granted two (2) paid rest periods

of fifteen (15) minutes each. An employee working an eight (8) hour shift will be granted two (2)

paid rest periods of twenty (20) minutes each. The time of the break(s} is at the sole discretion of

the Shift Manager. This article applies to employee's working the hours within Article 4(a).

(d) With regard to mutual arrangements for temporarily exchanges days of work, all mutual

arrangements must occur during the same work week and must be approved by the Central

· Station Manager or his/her designate. Employees are not permitted under any circumstances to

"give away" scheduled shifts to another employee.

(e) Unless notified to the contrary, forty-eight (48) hours before an employee reports for work, he/she

will be guaranteed work at his/her regular rate of pay for the full shift, or, if no work is available,

he/she will be paid at his/her regular rate for the full shift. This provision will not apply to

situations of layoff and/or emergencies.

(f) The employer remains fully vested with the right to introduce a temporary or permanent change to

the shift schedule. Before any permanent change in the present shift schedule is introduced, the

change must be discussed with the Union Steward.

(g) The Employer agrees to give ninety-six (96) hours notice of a change of shift, excluding

promotions, demotions or changes initiated by the employee. If ninety-six (96) hours notice is not

given, the Employer agrees to pay double time for the first shift of each change.

(h) All full lime Employees as of March 1, 2006 who currently work twelve (12) hour shifts will not be

required to assume an eight (8) or ten (10) hour shift unless they voluntarily agree to do so.

(i) Employees required by the Company to move between shifts of differing hours (i.e. 12 hour to 8

hour shift) will be provided with ten (1 0) calendar days' written notice.

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Ul When the majority of the shift (50% or more of scheduled hours) falls between the hours of 7:00am (700 hours) and 3:00pm (1500 hours) this is considered to be a "Day Shift" and will attract a shift premium of five (5%) percent of the employees' regular hourly rate of pay.

(k) When the majority of the shift (50% or more of scheduled hours) falls between the hours of 3:00pm (1500 hours) and 11 :OOpm (2300 hours) this is considered to be an "Afternoon Shift" and will attract a shift premium of seven (7%) percent of the employees' regular hourly rate of pay.

(I) When the majority of the shift (50% or more of scheduled hours) falls between the hours of 11:00pm (2300 hours) and 7:00am (700 hours) this is considered to be a "Night Shift" and will attract a shift premium of ten (1 0%) percent of the employees' regular hourly rate of pay.

(m) In the event of an "Emergency Situation" as designated by the Employer, all bargaining unit employees, will be placed on notice and may be recalled to work depending on the length and severity of the "Emergency Situation". In such an "Emergency Situation" non-union employees will be permitted to do work normally performed by bargaining unit personnel. An "Emergency Situation" is defined as "A sudden, unforeseen happening which requires action io correct or io protect lives and/or property."

(n) Should service levels fall 10% or more below the published ACE service level goals, the Company reserves the right to distribute alarms/calls amongst alternate centers to ensure customers are provided the required service levels. This is with the understanding that overtime has been offered to all bargaining unit employees and no one is available.

(o) The Company and the Union agree to make application to the Government of Ontario with respect to the "Hours of Work and Averaging Hours" to allow for the provisioning of overtime within the biweekly 12 hour shift scheduling of 48 and 36 hours.

ARTICLE 5 - STATUTORY HOLIDAYS

(a) An employee shall receive regular shift pay at their regular rate for the following holidays:

New Year's Day Good Friday Victoria Day Canada Day Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

Two (2) floating days to be determined by the employee and pre-approved by the Manager, Station Operations. A minimum of ten (10) calendar days written notice must be provided for all requests.

An employee not scheduled to work on any of the above statutory Holidays shall be paid his/her regular shift at his/her regular rate as Holiday pay, if he/she otherwise qualifies for it

An employee scheduled to work on any of the above statutory Holidays and who works those hours will be paid at the rate of one and one half (1 %) times his/her regular rate for the hours worked, plus his/her regular shift at his/her regular straight time rate as a Holiday pay, if he/she qualifies for it.

(b) In order to qualify for the holiday pay as described in 5(a), the employee must have worked his/her full last scheduled shift immediately preceding and his/her full first scheduled shift following the holiday, unless his/her absence has been approved in writing by the Employer.

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(c) An employee who is absent due to personal illness on either or both qualifying. days as identified in 5(b) shall not be paid for the holiday unless a medical certificate, received from a licensed doctor of medicine at the onset of the illness, provides the Employer with acceptable proof of the employee's incapacity to attend work.

(d) When a statutory holiday falls on a Saturday or Sunday, the Employer may designate either the Friday before or the Monday after as the holiday. This section shall only apply to those employees whose scheduled work week is Monday to Friday.

(e) The holiday shall be from 12 midnight to 12 midnight on the day designated by the Employer as the holiday.

(f) If an employee takes his vacation during the period, which includes a designated statutory holiday, he/she shall receive an extra day's pay (regular shift) at his/her regular rate.

ARTICLE 6 - WAGES

(a) Occupational classifications and wage scales are set forth in Schedule "A" of this Collective Agreement.

(b) The wage rates of any new job classification within the bargaining unit will be evaluated by the Employer and reviewed with the Union within twenty-one (21) days of the job being implemented into the bargaining unit.

(c) If an employee is assigned by the Employer to relieve a Shift Manager, he/she shall be paid an hourly premium of two ($2.00) dollars provided that the employee executes the major responsibilities of the position. The Employer has the right to assign any employee to relieve a Shift Manager. The employee retains the right to refuse. This language will take effect when an employee is specifically told to replace a Shift Manager. In situations where the Shift Manager is ·away from his/her workstation, employees will be expected to take messages where appropriate or to advise the Shift Manager as directed.

(d) A permanent employee, selected to serve jury duty, will be paid the difference between the jury pay received and his/her regular wages for the hours of work the employee would have worked had he/she not served on the jury. The employee will be required to provide the Employer with acceptable documentation from the court with respect to his/her attendance and jury pay.

(e) An employee who is requested by the Employer to attend court or legal proceedings on behalf of the Employer will be paid in his/her regular hourly wages for the time spent attending court or legal proceedings, if normally scheduled to work, and one and one-half (1 Y,) times his/her regular wages for the time spent attending court or legal proceedings if required to do so during his/her scheduled day off.

(f) It is understood that training provided by the Employer is mutually beneficial to the employee and the Employer. An employee required to attend training will be paid his/her regular hourly wage for the time spent in training. Time required to travel to and from the training site is unpaid. The Employer determines when training is required.

(g) An employee temporarily transferred to a position of higher classification shall, after working consecutively more than two (2) full shifts, receive retroactively, a promotional rate for the higher classification, provided that the employee assumed and performed all the major responsibilities of the higher classification.

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(h) BEREAVEMENT LEAVE

i. An Employee who experiences the death of a spouse, or a person who had continuously Jived with the Employee in the role like that of a marriage partner for a period of not Jess than twenty four (24) months, son or daughter, shall be granted a paid leave of absence of up to a maximum of five (5) days, including the day of the funeral.

ii. An Employee who experiences the death of a parent, (including step-mother or step­father), brother, sister, aunt, uncle, mother-in-law, father-in-law, son-in-law, or daughter­in-law, grandmother, grandfather, grandson, granddaughter, brother-in-Jaw or sister-in­law will be granted a leave of absence with pay up to a maximum of three (3) days, including the day of the funeral.

iii. If it is necessary to travel out of town to attend the funeral, a reasonable amount of traveling time may be allowed depending upon the distance traveled, This traveling time, which is at the discretion of the supervisor, is in addition to the days outlined above.

iv. The employee must notify his/her immediate supervisor of the intended absence and the supervisor will advise the Payroll Department accordingly.

v. In order to qualify for payment, an employee must provide proof of death or attendance at the funeral, if requested, by the company.

ARTICLE 7 - WAGES -OVERTIME

(a) All time worked before and after a full time employee's shift shall be paid at the overtime rate of one and one-half (11/2) times the employee's regular wage rate. All overtime requires management approval prior to the commencement of the overtime.

(b) A full-time employee called to work on his/her scheduled day off shall be paid at the rate of one and one-half (1%) times the employee's regular hourly wage rate.

(c)· Afull4ime employee recalled to work shall be paid at the rate of one and one half (1%) times the employee's regular hourly wage and shall be guaranteed at least four {4) hours work or four (4) hours pay if the work is unavailable.

(d) Unplanned overtime will first be offered to bargaining unit employees on shift provided that it is deemed reasonable for the employee to work overtime without detriment to the quality of service.

(e) In the event of planned overtime (24 hours or more prior to the commencement of the shift) the company agrees that it will be given by seniority on a rotation basis. Once offered, the employees' name shall be placed on the bottom of the overtime list. The overtime list shall be opened for employees to opt in or opt out in January, April, July and October of each year.

ARTICLE 8 - PAID VACATION

(a) An employee with Jess than one (1) year's service shall receive vacation pay as stipulated in the Ontario Employment Standards Act. A full time employee who has completed the required number of years of service shall receive vacation entitlement as follows:

1 year but less than 5 years service 5 years but less than 12 years service 12 years but Jess than 24 years service 24 years plus service

2 weeks at 4% gross 3 weeks at 6% gross 4 weeks at 8% gross 5 weeks at 10% gross

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(b)

(c)

An employee may take his/her vacation entitlement in whole or in part subject to operations and

management approval.

An employee will be required to indicate his/her vacation preference by March 1" to the

Employer. If the employee fails to indicate his/her vacation time by March 1 '', he/she will forfeit

his/her seniority with respect to booking vacation time and will be restricted to booking vacation

time on any available days, subject to the approval of the Manager, Station Operations or

designate.

For those employees who indicate vacation preferences by March 1, any conflicts shall be

resolved in accordance with seniority and operations. The vacation schedule will be posted by no

later than March 31'' and will be considered final. No changes will be made without the mutual

consent of the affected employee(s) and the Employer.

Unless otherwise agreed by the Employer, an employee will be required to take his/her scheduled

vacation.

(d) The current practice of calculating vacation entitlement as of July 1'1 of each calendar year shall

be continued. Each full time employee will receive vacation pay at the time of his vacation.

ARTICLE 9 - LEAVE OF ABSENCE

(a) Requests for Union Leave by an Employee elected or appointed to represent the Union at Union

Meetings; conferences; seminars; workshops or attendance to Union business outside the

workplace must be made in writing at least ten (1 0) days prior to the requested leave date.

Approval of leave requests shall not be unreasonably withheld. The collective total of Union

Leave for all unionized members shall not exceed the maximum of twenty (20) days per year. Leave is without pay from the Employer.

(b) The Employer agrees that no more than one (1) employee may be granted leave of absence

without pay for full time work with the Union and that such leave of absence shall be for one (1)

year and may be renewed for further periods of one (1) year. The seniority of such employee

shall continue, but not accumulate during such leave of· absence.

(c) Company will provide Leaves of Absence only as provided within the Employment Standards Act

of Ontario.

ARTICLE 10 - SENIORITY

fa) A new employee shall be considered a probationary employee for the first six (6) months of

employment for a direct hire or three (3) months for a contractor/trainee defined in Article 1 (n), at

which time the employee shall be considered a regular employee and shall be placed on the

seniority list with seniority from the original date of hire. A probationary employee shall be entitled

to benefits after three (3) months continuous employment however shall not be entitled to grieve

his discharge.

In the event that the Employer determines a need, the probationary period may be extended for a

maximum period of sixty (60) working days.

(b) It is understood and agreed that in the selection of an applicant for a promotion within the

bargaining unit, the following factors as listed shall be considered, however, only when factors in

(i) are relatively equal, shall seniority with the Employer be the guiding factor:

(i) Knowledge, training, ability, skill and efficiency (ii) Seniority with the Employer

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(c) An employee promoted or transferred as a result of the job posting process to another classification inside the bargaining unit shall be on a trial period of six (6) months. The company and/or the employee may, at any time during the trial period, return the employee to their former classification with no loss of seniority. At the conclusion of the trial period, the employee will be advised in writing that the promotion/transfer has been confirmed. The employer has the exclusive right to determine the employee's rate of pay within the wage grid of the new classification so long as it shall not be lower than their rate of pay within their previous classification.

(d) If the Employer determines that a reduction within a classification is required, the employee with the least seniority will be laid-off. Recall will be made to the same or lower classification in order of seniority provided that the employee can assume the major responsibilities of the position within a reasonable time.

An employee will maintain seniority for a period of twelve (12) months from the date of layoff, unless the employee fails to respond to a notice of recall within three (3) working days of the notice being seni by registered or courier maii, sent to the iatest empioyee address on fiie with the Employer.

It will be the responsibility of the employee to inform the Employer immediately of any change of address, whether temporary or permanent. The employee will be required to report for work within five (5) working days of the forwarding of the notice of recall. Failure to report within the specified timeframe means all rights to seniority are relinquished.

(e) In the case of an employee having transferred to a non-union position and subsequently being transferred by the Employer into the bargaining unit, the seniority while in the non-union position shall accumulate for a period of one year. The employee may be transferred to the position he/she previously occupied within the bargaining unit, if it is available, or to a lower position.

(f) The Employer shall provide the Union with an up-to-date list of the seniority standing of all employees covered by the Collective Agreement, showing both occupation and seniority with the Employer, and agrees to bring such lists up to date every six (6) months.

ARTICLE 11 - OUTSIDE ACTIVITY

(a) The first professional obligation of the employees shall be to the company.

(b) Employees shall be free to engage in activities outside the hours of work provided that:

such activities are not in competition with the activities of the company. they do not exploit their connection with the company or utilize their knowledge of proprietary company information. such activity does not adversely affect the employee's work with the company. they do not ask for time off or a change of shift or schedule as a result of this work with the exception of an approved leave of absence by the Company.

ARTICLE 12 - GRIEVANCE PROCEDURE

(a) The Union shall form from among themselves a Grievance Committee of not more than two (2) members.

(b) Should any difference concerning the alleged violation of the terms and conditions outlined in this Collective Agreement arise between the Employer and the Union, such difference shall be settled as outlined below.

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All time periods and procedures outlined in this Article are mandatory and exclude Saturdays, Sundays and Holidays observed by the Employer.

(i) An employee having a grievance will make known his/her grievance in writing to his/her Team Manager or designate within five.(5) working days of the incident giving rise to the grievance.

The Team Manager or designate shall render his/her decision within three (3) working days.

(ii) Failing settlement at the above stage, the Union Steward shall present the grievance in writing on a proper grievance form, clearly outlining the article(s) and section(s) of the Collective Agreement allegedly violated and the remedy sought and present it to the Manager, Station Operations or designate within five (5) working days of the immediate supervisor's decision in (1), or failing any such decision, within five (5) working days of the date when the decision ought to have been given, unless a mutual agreement to extend ihe time limits was made. Otherwise, the matter shaii be deemed to have been settled or abandoned.

The Manager, Station Operations or designate shall render his/her decision in writing within three (3) working days after the presentation of the grievance by the Union Steward.

(iii) Failing settlement at the above stage, the Business Representative, and Grievance Committee where appropriate, shall present the grievance in writing to the Director, Customer Service or designate within five (5) working days of the decision in (ii) or failing any such decision, within five (5) working days of the date when the decision ought to have been given, unless a mutual agreement to extend the time limits was made. Otherwise, the matter shall be deemed to have been settled or abandoned. The Director, Customer Service or designate shall render his/her decision in writing within five (5) working days after presentation of the grievance by the Business Representative.

(iv) Failing satisfactory settlement at the above stage, either party to this Collective Agreement may submit the grievance to arbitration within ten (10) working days of the decision of the Director, Customer Service or designate or failing any such decision, within ten (1 0) working days of the date when the decision ought to have been given, unless a mutual agreement to extend the time limits was made. Otherwise, the matter shall be deemed to have been settled or abandoned.

When either party requests that a grievance be submitted to arbitration, that party will make such request in writing addressed to the other party to this Collective Agreement and at the same time submit at least five (5) names of possible arbitrators.

Within ten (10) working days thereafter, the other party shall submit at least five (5) names of possible arbitrators.

Thereafter, if they are unable to agree upon such arbitrator within a fourteen (14) working day period, the parties may request the Minister of Labour of the Province of Ontario to appoint such an arbitrator.

(c) The decision of the arbitrator shall be final and binding upon both parties concerned and the employee(s) concerned.

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

(e) The parties will jointly share the expenses of the single arbitrator. Witness fees and allowances shall be paid by the party calling the witness. No arbitration costs shall be awarded to or against either party.

(f) The Employer agrees that the Union Steward shall be paid for time spent during normal working hours while in meetings with the Employer on matters properly arising out of this Collective Agreement.

(g) A Union Steward shall be given twenty-four (24) hours notice of a disciplinary meeting, and may attend with the employee at the employee's discretion.

(h) It is understood that a policy or Employer grievance may be submitted directly to Step (b) (iii) within five (5) working days of the incident giving rise to the grievance. The other party will respond as outlined in Step (b) (iii).

(i) A policy grievance is defined as an alleged violation of the Collective Agreement affecting a majority of employees or the Employer.

U) If an employee believes that he/she has been suspended or discharged without just cause, the matter may be presented as a grievance as prescribed in Step (b) (ii) within five (5) working days of the written notice of such suspension or discharge.

(k) A letter of reprimand or suspension will be removed from the record of any employee eighteen (18) months following the receipt of such letter or suspension, provided that the employee's record has been discipline free for an eighteen (18) month period.

(I) In the event that discipline is to be issued to a bargaining unit member, Management agrees the discipline will be served to the member within ten (1 0) working days of Management becoming aware of the incident.

ARTICLE 13 - REPRESENTATIVES

(a) The Union shall supply the Employer with a list of all committee members and Union Stewards and shall keep such list up-to-date.

(b) The union agrees that the stewards and other bargaining unit employees who serve in any -official union capacity, have a higher duty of responsibility than other members of the bargaining unit to lead by example and to ensure that all employees adhere to the collective agreement and the policies of the Company. As the union steward's first obligation is the performance of his/her duties to their employer, it is agreed that union business, other than the processing of grievances, is to be conducted outside of that employee's working hours.

(c) The employer shall supply the Union with the names and positions of its representatives who may be called upon to administer this Collective Agreement and shall keep such list up-to-date.

ARTICLE 14 - GROUP INSURANCE BENEFITS

(a) The Employer will make available the same benefits available to the general employee population at CSG Security Inc. and administer them in the same manner for all full time employees upon completion of the probation period outlined in Article 10(a).

(b) The Short Term Disability (STD) benefit is provided to qualifying employees after five (5) consecutive days of absence. To qualify for STD and employee's STD claim including all

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required supporting documentation must be assessed and approved by the Company's STD adjudicator, at which time the employee will be placed on STD commencing from the first day of absence to a maximum of twenty-six (26) weeks. Throughout the period of STD, the Company's STD adjudicator will manage the claim to expedite the employee's return to work.

(c) The Employer will continue its practice which was in effect prior to the signing of this collective agreement with regards to the Retirement Income Plan for Employee's of CSG Security Inc.

ARTICLE 15 - SICK LEAVE

(a) Under normal circumstances, an employee who has completed the probation period as outlined in Article 10 (a) will be paid for absences due to personal illness up to a maximum of five (5) days per year. A medical certificate received from a licensed doctor of medicine at the onset of the illness which provides the Employer with acceptable proof of the employee's incapacity to attend . work may be required for any consecutive absences or absences which have the effect of extending an employee's holiday, vacation or "weekend".

An employee will not be paid in circumstances where they fail to inform a member of the central station management of their absence at least two (2) hours prior to the commencement of their shift.

This language is not intended to provide every employee with five (5) additional days off with pay. If the Employer feels that an employee is abusing the provision, the Employer reserves the right to require a medical certificate.

(b) Those employees whose attendance is deemed, by the Employer, to encroach the unacceptable level, will be advised by the Company in writing that all future absences must be supported by a medical note in accordance with this Article. The management of employees whose absenteeism is deemed to encroach the unacceptable level will be dealt with as per the terms of the company's Attendance Management Program. (Attached as Appendix B)

ARTICLE 16 - SPECIAL PROVISIONS

(a) In the event of a vacancy occurring or a new position being created in the bargaining unit, notices will be posted to the effect. All bargaining unit employees of the Company may submit a written application for the position which will be considered before an appointment is made. The application must be submitted to the Manager, Station Operations or designate within seven (7) days after the notice has been posted.

(b) The Employer will provide a bulletin board for the posting of Union notices and announcements.

(c) The Employer agrees to furnish those employees who are required to wear a uniform in the performance of their duties with the following items:

• Trousers (5) • Shirts (11)

The Employer will provide a uniform cleaning service however it will be the responsibility of the employee to ensure he/she always has clean uniforms available.

Uniforms are to be worn at all times while on shift according to the Counterforce Dress Policy. Employees failing to wear the uniform will be excused from their shift without pay.

(d) The Employer will continue its practice of providing employees, so requiring, with parking privileges.

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ARTICLE 17- WORKPLACE PERFORMANCE STANDARDS

(a) The parties have agreed upon a set of performance standards to minimize the possibility of any

employee becoming subject to any disciplinary action. These performance standards ensure an

orderly and efficient business environment and a safe and secure workplace for all employees.

The list of violations of the performance standards are as follows:

• Threatening, intimidating, discriminating against, interfering with, or coercing another

employee with a view to preventing that other employee from carrying out his/her employment obligations.

• Refusal to carry out the direct orders of a manager. • Failing to follow written station policies and procedures. • Deliberately delaying calls/alarms or inciting other to delay calls/alarms.

• Willfully falsifying employer and/or customer records. • Utilizing company property, services and/or technology for purposes other than those

required within the employee's employment obligations.

• Performing unauthorized personal work on the employer's time. • Failure to follow safety rules and/or procedures. • Defacing bulletin boards or notices posted thereon. • Failure to return to work or participate in a graduated return to work program following an

illness or accident after he/she has been cleared to return to work by the insurer (WSIB, Manu life).

• Committing an act of vandalism, damage to company property, committing an assault on another employee or committing an act of theft.

Violations will not be tolerated and will be just cause for discipline which may include verbal

warning, written warning, suspension or immediate termination based on the severity of the

infraction.

ARTICLE 18- SEVERANCE/TERMINATION PAY

(a) An employee who has completed the probation period outlined in Article 10 (a) and who is to be

permanently laid off shall be entitled to notice of termination or pay in lieu of notice as follows:

One (1) weeks notice if the period of employment is less than one year;

Two (2) weeks notice if the period of employment is one year but less than three years;

Three (3) weeks notice if the period of employment is three years but less than four years;

Four (4) weeks notice if the period of employment is four years but less than five years;

Five (5) weeks notice if the period of employment is five years but less than six years;

Six (6) weeks notice if the period of employment is six years but less than seven years:

Seven (7) weeks notice if the period of employment is seven years but less than eight years;

Eight (8) weeks notice if the period of employment is eight years or more.

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(b) An employee who has been employed for one or more continuous years and who is permanently laid off shall be entitled to severance pay as follows:

One week regular wages for each completed year of service to a maximum of twenty-six (26) weeks.

(c) All payments are subject to normal deductions.

(d) In the event an employee who is laid off and who has been paid his severance/termination pay, is recalled, his/her severance/termination pay entitlements shall be established on the basis of his/her re-employment date.

ARTICLE 19 - STRIKES AND LOCKOUTS

(a) II is agreed that there shall be no strikes, walkouts or lockouts as long as this Collective Agreement continues to operate.

(b) The union agrees that it will not involve or. interfere with any other installation of the employer, its affiliates, parent, subsidiaries or dealers as a result of any labour dispute it may have at the premises covered by this agreement.

ARTICLE 20 - TUITION REFUND

(a) The Employer will reimburse one-hundred (1 00) percent of the cost of tuition upon successful completion of the course, provided that

(1) The course is approved in writing by the Employer before registration;

(2) The course is related to the employee's current position or is required to gain the qualifications necessary for·a more-seniGr-position,.an<l·- ... - - .. ----

(3) The employee supplied proof of successful completion (70%+) in a form acceptable to the Employer.

ARTICLE 21 - HEALTH & SAFETY

(a) The parties agree to co-operate fully to ensure that the workplace and the manner in which work is performed meets the requirements of the Ontario Occupational Health and Safety Act.

(b) The parties acknowledge that the Occupational Health and safety Act confers specific responsibilities upon the Employer, the Union and each employee and that such responsibilities must be met.

(c) Any employee who compromised the health and safety of another or who works in an unsafe manner will be the subject of discipline which may include the termination of employment.

(d) The parties agree to establish a Joint Health & Safety Committee according to the Occupational Health and Safety Act to ensure that health and safety issues are identified and resolved in an expeditious manner.

(e) One (1) union employee will be appointed by the Unit Chairperson as a Health & Safety Representative and sit as a member of the Health & Safety Committee at the Monitoring Centre until such time as he/she is replaced by another union member.

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ARTICLE 22 - LABOUR MANAGEMENT COMMITTEE

(a) The Company will participate in meetings to be held every three months or as required. The meetings will be mutually agreed to by the Company and the Union. All meetings to be held at the premises covered by this agreement for a maximum of two (2) hours. Employee members shall be paid their regularly hourly rate, exclusive of premiums, for the actual time spent at the meetings. The employee members will be paid by the Company if on shift and/or paid by the Union if off shift.

(b) Time spent in the negotiation of c6ilective agreements by the union steward(s) will be paid for by the Union.

ARTICLE 23 - MODIFICATION AND TERMINATION

(a) This Coiiective Agreement shaii be effective as of March i, 2009 for a period of three (3) years and shall remain in effect until February 28, 2012 inclusive, and thereafter, from year to year, unless either party gives to the other party written notification within the period of not more than ninety (90) days, or less than thirty (30) days, of February 28, 2012 of its intention to negotiate with amendments to the Collective Agreement.

The terms and conditions of the existing Collective Agreement shall remain in effect during the period of such negotiations. The wage rates save and except progression increases in effect February 28, 2009 shall be frozen until a new Collective Agreement is ratified by the parties.

SIGNED AT MISSISSAUGA THIS __ DAY OF APRIL, 2009

ON BEHALF OF COUNTERFORCE AT Its Monitoring Centre in Mississauga

ON BEHALF OF LOCAL UNION 636 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (AF-of L-CIO- LC) ·

P. Kalm

S. Choghri

APPROVED INTERNATIONAL OFFICE ·I. B. E. W.

MAR 1 9 2010

EdwiA 0. Hill, Presldellt This approval doos not make 1M

11\tlrnational a party to this agreement

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SCHEDULE A- OCCUPATIONAL CLASSIFICATION AND WAGE SCALES

Customer Service Representative (CSR)

Service

Dealer Service Representative (DSR)

Service

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APPENDIX A : Current Group Benefits

Basic Life Insurance

• One hundred and fifty ( 150%} percent of annual earnings.

Long Term Disability

• Sixty (60%} percent of the monthly wages.

Hospital

• Hospital accommodation is the difference between the public ward allowance under the Provincial

Hospital Plan and the preferred room rate to a daily maximum of one hundred twenty five {$125.00} dollars.

Major Medical

• Reimbursement is eight (80%} percent of all covered charges except drug charges which are reimbursed at one hundred (100%} percent on the National Drug Formulary or fifty (50%) percent for

all other drugs. The maximum dispensing fee payable is six dollars and fifty ($6.50} cents.

• There is an overall maximum of twenty-five thousand ($25,000.00} dollars in any three (3) consecutive calendar period.

Vision Care

• · · Reimbursement to a maximum of two hundred ($200.00} dollars in every two (2) calendar years.

Coverage includes cost of eye examinations, frames, lenses and contact lenses.

• Payment is in accordance with the 2009 Provincial Dental Association Schedule of Fees.

• The annual deductible per single is twenty-five ($25.00} dollars and per family is twenty-five ($25.00}

dollars per calendar year.

• The overall maximum benefit is one thousand {$1 ,500.00} dollars per calendar year.

• Part I reimbursement is one hundred (100%} percent of insured charges.

• Part II reimbursement is eight (80%} percent of insured charges.

• Part Ill reimbursement is fifty (50%} percent of insured charges.

• Part IV reimbursement is fifty (50%} percent of insured charges.

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APPENDIXB

ABSENTEEISM AND ATTENDANCE MANAGEMENT PROGRAM (E-14)

The Company recognizes the vital contribution each employee makes to the success of the Company. Failure to attend work can have a significant negative impact upon the company's success; through lost production, replacement wages and benefits and by disrupting daily operations. Therefore, the Company has a right to expect reasonable attendance from all of its employees.

Employees are responsible for attending work, on time, for each scheduled workday. Personal affairs must, wherever possible, be attended to outside of norma! working hours and employees are expected to ensure that minor inconveniences do not keep them from attending work.

The Company does recognize that there are occasions where attendance is not possible and is beyond the control of the employee. However, it is the employee's responsibility to inform the Company in a timely manner, in accordance with established Company procedures.

Employees are required to be at their stations no later than 5 minutes prior to the start of their shifts. Anyone requiring time to prepare for their shift (i.e. change into uniform, get coffee, prepare food, etc.) must come in before the beginning of their shift to do this. An operator cannot sign on then proceed to make coffee, change etc.

All instances of absenteeism and tardiness will be reported by the Supervisor for inclusion in the employee's personnel file. Where an employee fails to meet his or her employment obligations of regular attendance and punctuality, and where his or her absenteeism or tardiness exceeds Company standards, the appropriate corrective action will be taken as follows:

Tardiness

Any employee who is expected to be late for their scheduled shift must provide a supervisor with a minimum of one (1) hours notice when possible. Failure to provide the required notice may result in corrective action additional to that which is defined below.

First occurrence will consist of a verbal reminder identifying need for the employee to be on time for their scheduled shift.

A second occurrence of tardiness within a three (3) month period will result in a verbal warning placed on the employee's file

A third occurrence of tardiness within a period of less than three (3) month from the second occurrence will result in a written warning placed on the employee's file.

A fourth occurrence of tardiness within a period of less than three (3) month from the third occurrence will result in a written warning placed on the employee's file and a one (1) day suspension.

A fifth occurrence of tardiness within a period of less than three (3) month from the fourth occurrence will result in a written warning placed on the employee's file and a three (3) day suspension.

A sixth occurrence of tardiness within a period of less than three (3) month from the fifth occurrence will result in the employee's termination from the company.

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All discipline will remain on the employee file for six (6} months and if there are no further occurrences within the six

(6} month period, the documented discipline will be removed from the employee's file.

Absenteeism

As per the terms of this collective agreement, Article 15 and the Letter of Understanding with respect to

Personal Days provides each employee with a maximum of 1 0 personal sick days per calendar year.

Any employee who is expected to be absent for their scheduled shift must provide a supervisor with a

minimum of three (3} hours notice in order to validate the absence. Failure to provide the required notice

will result in disciplinary action additional to that which is detailed below.

Once an Employee has utilized their allotted five (5} paid sick days during the calendar they will receive

formal written communication advising them.

Once an Employee has utilized ihe addiiionai five (5} unpaid sick days during the calendar year as

provided within the Ontario Employment Standards Act, they will receive formal written communication

advising them.

Absences due to personal illness in excess of ten (10} days in a calendar year will result in the following

disciplinary actions:

• Eleventh day absent will result in the requirement to provide written confirmation from a medical

practitioner confirming the employee's inability to attend work and a verbal warning placed on the

employee's file.

• Twelfth day absent will result in the requirement to provide written confirmation from a medical practitioner confirming the employee's inability to attend work and a first written warning placed on the employee's file.

• Thirteenth day absent will result in the requirement to provide written confirmation from a medical

·practitioner confirming the employee's inability to attend work and a second written warning placed on the employee's file.

• Fourteenth day absent will result in the requirement to provide written confirmation from a medical

practitioner confirming the employee's inability to attend work and a final written warning placed

on the employee's file.

• Fifteenth day absent will result in the employee's termination from the company.

Employees who are the subject of disciplinary action as at December 31 will continue on the disciplinary

track once they have utilized their allotment of ten ( 1 0} sick days the following year.

All discipline with regard to absenteeism will remain on the employee file for eighteen (18} months and if there are

no further occurrences within the eighteen (18} month period, the documented discipline will be removed from the

employee's file

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